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Home My WebLink AboutLot Line Adjustment LLA2002007 - Supporting DocumentsJuly 1, 2005 Kris Winchak City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, CA 92648 Dear Kris, Per your L.L.A. 02-07, Public Works Plan Check No. 3 Comments letter (dated June 17, 2005 ), we have made the following corrections: 1. I will now be the Surveyor of Record (H.P. McNally Jr., PLS 6969, expiration date 9/30/2005), and I have revised and am submitting originals for (1) the Preparer's Sheet, (2) the Legal Description Exhibit "A", and (3) the Site Plan Exhibit "C". 2. Have revised the Quitclaim Deeds (2), to show the correct reference to Parcels "A" and "B" and I am resubmitting the originals. 3. The Original Modification to the Deed of Trust was received by the City of Huntington Beach. 4. I have made arrangements with Howard Hayslett, Title Officer from Chicago Title (work (949) 263-6866, FAX (949) 263-0954, e-mail ha sletth ctt.com , to process and handle the concurrent recordings of the Lot Line Adjustment, the two Quitclaim Deeds and the Modification to the Deed of Trust. 5. I am resubmitting to the Planning Department for their approval. Sincerely, 41 P rick McNally uitt-Zollars, Inc. 430 Exchange, Suite 200 Irvine, CA 92602 (714)734-5100 mcnall huitt-zollars.com cc: Rami Talleh City of Huntington Beach Planning Department HUtrr-zoLLARs HUITT-ZOLLARS, INC. • 430 Exchange • Suite 200 • Irvine, CA 92602-1315.714 .734.5100 phone • 714.734.5155 fax • huitt-zollars.com Letter of Transmittal TRANSMITTED VIA: H-Z EMPLOYEE-PMcN DATE : 7-01-2005 TO: RAMI TALLEH CITY OF HUNTINGTON BEACH DEPARTMENT?WWLwG PO BOX 190 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 HZI PROJECT NO.: PROJECT DESCRIPTION : ENCLOSURES: 10-0679-01 LLA 02-07 -CITY OF HUNTINGTON BEACH 1 REVISED ORIGINAL PREPARER SHEET 1 REVISED ORIGINAL LEGAL DESCRIPTION 1 REVISED ORIGINAL SITE PLAN 1 REVISED ORIGINAL QUITCLAIM DEEDS (2) COMMENTS : FOR YOUR APPROVAL FROM: P TRICK McNA Y MCR m/zk/forms/tran/tran/10-15-01/zk CITY OF HUNTINGTON BEACH Lot Line Adjustment LLO2-07 CONTACT PERSON: Jose h J. Suess c/o Huitt-Zollars Inc. ADDRESS: 430 Exchan e Suite 200 Irvine CA 92602-1309 DAYTIME PHONE: 714 734-5100 THIS DOCUMENT CONSISTING OF 7 PAGES WAS PREPARED BY ME OR UNDER MY DIRECTION. G'tg` P.L.S. 6409 Jos L S ss REGIS /LICENSE EXPIRES 12/31/06 EXAMINED AND APPROVED APL.LANG c NO. 6409 0 0. IXP. 12131/06 Z P OF CALIFO e.r VIECEWED By Rog F. Beardsley, R.C.E. 22876 OCT 13 2004 ctor of Public Works, City of Huntington Beach y pt Nurtln9toBeach My Registration/License expires 12/31/05 DATED THIS DAY OF 200 DATE FILED ZONE ZONING ADMINISTRATOR ACTION Date: r/10-0679-01/aMiapg2/1-16-03/jjs/zk/lm CITY OF HUNTINGTON BEACH' Lot Line Adjustment LL02-07 LEGAL DESCRIPTION EXHIBIT "A" cECEWEV OCT 13 2004 CIy of HunUnpnBeach Existing Parcels Proposed Parcels Owners AP Numbers Reference Number Mark J. Schwene and 163-311-16 Parcels APamela S. Na el-Schwene Signal Landmark,163-311-17 Parcel 41 a California Co oration Sheet 2 of 2 Sheets Adjusted Parcel B contains an area of 17169.88 square feet (0.394 acres), more or less. See Exhibit "B" attached hereto and by this reference made a part hereof. Subject to all recorded easements, if any. JOS PH J. SUES , PLS 6409 gyp, - LANO O " J. S GPti1 p' GFU,N tti NO. 6409 0 ° ECP. 12 /31106 A \Q. lop cAuu r/10-0679-01 /aMlalegal/1-16-03ljj s/zk/Im CITY OF HUNTINGTON BEAc:H LOT LINE ADJUSTMENT L L 02-07 OWNERS MARK J. SCHWENE AND 163-311-16 PAMELA S. NAGEL-SCHWENE SIGNAL LANDMARK, A 163-311-17 CAUFORN/A CORPORA 77ON N B SCALE:1'=50' oNpl LAND yy'oyQd J. SGFNGL NO. 6409 ° EXP. 12/31/06 a *sl4r f OF CAI-110 ,40c,p, - RECEIVED OCT 13 2004 N -- - ------------------7 UNDEVELOPED PARCEL 'B''' %cl, JOSE H J SUE S, L.. 6409 `. °,n C EASEM T NO S \G EASE NT T DONALD E. GOODELL FOR POLE UNES, RGROUND PIPE LINES AND U77U77ES CONDUITS PER BOOK 13818, PAGE 966 OF OFFICIAL RECORDS EASEMENT TO THE CITY OF HUN77NGTON BEACH FOR PUBLIC U77UTY PURPOSES DEDICATED ON TRACT NO. 15734. © EASEMENT TO GTE CALIFORNIA FOR PUBLIC U77UTY AND %%INCIDENTAL PURPOSES PER INSTRUMENT NO. 2000-0304779 O.R. EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR PUBLIC U17UTY AND INCIDENTAL PURPOSES PER INSTRUMENT NO. 2000-0454789 O.R. (SAID DOCUMENT 3 WDE EASEMENT BASED THE CA OF THE INSTALLED FACIL77ES IN THE SIDE YARDS OF LOT 16) 5'EX/S77NG IC HOUSE L0' 13 EXHIBIT 'C' (SITE PLAN)City of HunfTngtOn BeZth EXISTING PARCELS PROPOSED PARCELS AP NUMBERS REFERENCE NUMBER PARCEL "A" PARCEL "B" CIL SHELBURNE DRIVE _-----°- r ---------° -°---_°--- (PRIVATE STREET) p EXIS77NG CURB AND GUTTER N EXISNG HOUSE PARCE 'A £0116 N A REWSEOL• 1-14-03 G.• \ 10067901 \LLA \S/7EPLAN. DWG WHEN RECORDED MAIL TO: Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive Huntington Beach, CA 92649 DOCUMENTARY TRANSFER TAX $ No consideration' SPACE ABOVE THIS LINE FOR RECORDER'S USE *Deed given to clear title after Lot Line Adjustment ....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or Undersi ned encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel 1 Aas shown on that certain City of Huntington Beach Lot Line Adjustment No. LL 0 2 - 07 recorded concurrently herewith of Official Records. rParcel#,being described as follows: Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. Dated Z-- } STATE OF CALIF NIA }SS. COUNTY OF On rg me,MARK J. SCHWENE onallt appeared (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) *re subscribed to the within instrument and acknowledged to me that 4iiet ~hey executed the same in t+isfher/their authorized capacitgies), and that by Sher /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. PAMELA S. NAGEL-SCHWE WITNESS my h nd and official seal. Signature L MAIL T STATEMENTS TO: Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive Huntington Beach, CA 92649 fABAfHABURRISCommission # 1375245 i "m Notary Public -CaliforniaOrange County - My Comm. Bores Sep 17.2006 •t r/10-0679-01/a/l/quitclml/jjs/10-8-02/lm/zk WHEN RECORDED MAIL TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 DOCUMENTARY TRANSFER TAX $ No consideration' SPACE ABOVE THIS LINE FOR RECORDER'S USE 'Deed given to clear title after Lot Line Adjustment ....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or Undersi ned encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to SIGNAL LANDMARK, a California Corporation, Successor by Merger to Signal Bolsa Corporation, a California Corporation the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel. J(as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL 0 Z - 07 recorded concurrently herewith of Official Records. Parcel,Af bng described as follows: Lot C of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County together with that portion of Lot 16 of said map being described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0038'28" East 2.27 feet along said Westerly line to the point of beginning. Dated 2v Z STATE OF CALIFORNIA }SS. COUNTY OF O V J/ LtoBz On / d /o 6 ZCV Z before me,MARK J. SCHWENE personally ppeared e (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) pare subscribed to the within instrument and acknowledged to me that -hefehe /they executed the same in -hiclher/their authorized capacit)gies), and that by 't sfherkheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h d and seal. Signature 46 MAIL T STATEMENTS TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 PAMELA S. NAGEL-SCH E TABATHA BURRIS Commission # 1375245 Notary Public - California Orange County My Comm. Expires Sep 17.2006 r/10-0679-01 /a/l/quitclm/jjs/10-8-02/lm/zk June 17, 2005 City of Huntington Beach Planning Department Attention: Rami Talleh From: Kris Winchak / Dept. of Public Works Subject: L.L.A. No. 02-07, Public Works Plan Check No. 3 Comments. 1. Revise the Preparer's Sheet. A new sheet for this part of LLA is attached and must be resigned by Surveyor and resubmitted to Planning Dept. for their Approval. 2. The Quitclaim Deeds must be revised to show the correct reference to Parcels "A" and "B" of Lot Line Adjustment 02-07. I am returning the Original Signed and notarized Quitclaim Deeds for Surveyors use. Resubmit revised Quitclaim Deeds for final review and they will be forwarded to the Title Company when LLA 02-07 has been approved by City Planning and Public Works. 3. The Original Modification to Deed of Trust was received and will be forwarded to Title Company when LLA has been approved by City Planning and Public Works. 4. The Surveyor or Owner must make arrangements with their Title Company for the processing and recording of the Lot Line Adjustment, Quitclaim Deeds and Modification of Deed of Trust. The name of the Title Officer assigned to this project shall be contacted by the Public Works Department after City approval of Lot Line Adjustment 02-07 for the necessary recordation. 5. Have Surveyor address all plan check corrections shown on Plan Check and resubmit to the Public Works Department for final review. I 0 WHEN RECORDED MAIL TO: Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive Huntington Beach, CA 92649 DOCUMENTARY TRANSFER TAX $ No consideration* ....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or encumbrances remaining at time of sale. ... • ••• ••• :•• •• • • • • • • • • • • • • SPA E ABOVE THIS LINE FOR RECORDER'S USE 'Deed given to clear tide after Lot L4rle A(y_jtmegt • . • •• •• .Unaer9•i ned Sigrtat&e 8fVbcIar9nt orAgen determining tax -Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J . SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel 1 as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL 0 2 -- 7 recorded concurrently herewith of Official Records. Parcel I being described as follows: Lot 16 of Tract No. 15734 , in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. Dated } STATE OF CALIF NIA }SS. COUNTY OjF On pab f rQ me, onallyappeareda4'nelk. S. (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) P re subscribed to the within instrument and acknowledged to me that +efslt2 /they executed the same in his/her/their authorized capacitx(ies), and that by 4 +sfher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h nd and o icial seal. Signature MAIL T STATEMENTS TO: Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive Huntington'Beach, CA 92649 MARK J. SCHWENE PAMELA S. NAGEL-SCHWE fABAfHABURRISCommission # 1375245 Z- • aWt", Notary Public -California Z.01 ') Orange County -MyComm Expires Sep17.2006 r/10-0679-01/a/l/quitclml/j j s/10-8-02/lm/zk 9 0 WHEN RECORDED MAIL TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 DOCUMENTARY TRANSFER TAX $ No consideration* ....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or encumbrances remaining at time of sale. . •.. •.• :.• •.•: . . SPACE ABOVE THIS LINE FOR RECORDERS USE *Deed given to clear tide after Lot LLnp Aclitj megt . .. Undeosi • ed Sigrtatufe cf U>sdar'rnt or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to SIGNAL LANDMARK, a California Corporation, Successor by Merger to Signal Bolsa Corporation, a California Corporation the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel A as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL 0 2 - 0 7 recorded concurrently herewith of Official Records. Parcel A being described as follows: Lot C of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County together with that portion of Lot 16 of said map being described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. Dated A 2 Z } STATE OF CALIFORNIA }SS. COUNTY OF Ok } On / d a o be,- 2'V 2- before me, MARK J. SCHWENE / G psonally ppeared (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that -hefahe/they executed the same in 4 hie r/their authorized capacitjoies), and that by 1 i&herkheir signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h d and official seal. Signature MAIL T STATEMENTS TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 PAMELA S. NAGEL-SCH E TABATHA BURRIS Commission # 1375245 Notary Public - California Orange County My Comm. Expires Sep 17.2006 r/10-0679-01/a/Vquitclml]j s/10-8-02/tm/zk 9 When Recorded Mail To: Mark J. Schwene 4918 Shelburne Drive Huntington Beach, Ca 92649 :00 ro Oa. .• .• . . . . . . . . . . This S ace For Recorder's Use Onl MODIFICATION TO DEED OF TRUST THIS MODIFICATION TO DEED OF TRUST ("Modification ") is made and entered into as of October 6. 2004 (date), by and between MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, husband and wife as community property ("Trustor"), and LITTON LOAN SERVICES, LLC ("Lender") RECITALS: A. Trustor executed a Deed of Trust to KAREN H. CORNELL, ESQ., as "Trustee," in favor of Beneficiary (the "Deed of Trust"), encumbering among other things certain real property situated in the County of Orange, State of California, as security for the payment of certain indebtedness of Trustor to Beneficiary more particularly described in said Deed of Trust. The Deed of Trust was recorded on May 20, 2003 as Instrument No. 2003000581300 of Official Records of Orange County, California. B. In connection with a portion of the Deed of Trust Property, as more particularly described in Exhibit "A" attached hereto (the "Property") and certain adjacent real property owned by Trustor, Trustor desires to record the lot line adjustment altering the lot lines between, among others, the Property and said adjacent real property to create new parcels. C. As a condition to recording the aforesaid lot line adjustment, Trustor and Beneficiary/Lender agree to modify the lien of the Deed of Trust with respect to the Property to provide that such lien shall encumber the new legal parcels as described in Exhibit "B" attached hereto. NOW, THEREFORE , for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged , Trustor and Beneficia ry/Lender hereby agree as follows: 1. The legal description of the Property shall, concurrently with recordation of the lot line adjustment in the Official Records of Orange County, California, be the legal description as described in Exhibit "B" attached hereto. 2. Neither the aforesaid lot line adjustment nor this Modification shall prejudice any present or future rights, remedies, benefits or powers belonging or accruing to Beneficiary of the Trustee under the terms of the Deed of Trust, including without limitation with respect to the lien of the Deed of Trust on all portions of the Property and the rest of the Deed of Trust Property not previously reconveyed by Beneficiary. 9 Ole :00 as* :00 .0. . . .. . . .. . . . .. 000 00*:00 *so 000 Ole r/10-0679-01/a/Vmodtodeedtrust/4-14-05/hpm/zk 1 9 0 • ••• • ••• •••• Acknowledgment for Carpora Qrr.- •.' State of Texas County of Harris On &t before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: melee k, i n ex ires: KATHLEEN R. MCLEOD _• Notary Public, State of Texas ,,•,, ires;; September 22, 2008 0 0 . . .. . . .. . . . .. EXHIBIT "A".' •.• :.. LEGAL DESCRIPTION OF PRO PF;R4'•..• :•. (Prior to Lot Line Adjustme t :. : . . ... . Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County. r/10-0679-01/a/Umodtodeedtrust/2-24-04/hpm/zk 3 • EXHIBIT "BI'' • :•• '•' •• •• LEGAL DESCRIPTION OF P4QP R % .• V. (After Lot Line Adjustmeiztj •. . • Parcel A of Lot Line Adjustment LL 02-07, in the City of Huntington Beach , County of Orange, State of California, as shown on Exhibit B attached to that certain document recorded on Instrument No. 2004000 of Official Records of said County. 2004 as r/10-0679-01/a/Vmodtodeedtrust/2-24-04/hpndzk 4 i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. . . . . . . . . . . . On 7 , 2005, before me, the undessiect, q (ot Public for the State of Ca ' ornia, personally appeared,k VP Qs.2\-$c3mWQ personally known to me to be the person(s) whose namets) ' /are subscribed to the within instrument and acknowledged to me that hes/sale/they executed the same in la's/leer/their authorized capacity(ies), and that by l/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. S.YEARRY Commission # 1401576 Notary Public - California Orange County My Comm. Expires Feb 21.2007 Not ub 'c S Ye My Co 'ssion Ex ires• ebruary 21, 2 7 0 I . ... . ... . ... . . .. . . .. . . . .. 3. Except as specifically provided oth8' ise jabove: jUe tgfns df thepted of Trust and the lien thereon upon all of the Property and the rest of the Deed of Trust Property not previously reconveyed by Beneficiary shall remain fully effective and unchanged by reason of this Modification and are hereby ratified and affirmed in all resLects by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Modification as of the date first written above. "Beneficiary/Lender" MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, I C. By: Signature Print Name/Ti e ice rest en By: Signature Print Name/Title "Trustor" MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE Husband and Wife as Community Property By: r/Z v'L .lde Signature wPnPrint Name/Title MIA b 3 .0 ,011 By: Signature Print Name/Title (Signatures Must Be Notarized) r/10-0674-01/a/Ymodtodeedtrust 2-24-04/hpm/zk 2 0 May 25, 2005 Rami Talleh City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Rami, 0 Thank you for your invaluable assistance on Lot Line Adjustment 02-07. I am submitting: Corrected Lot Line Adjustment 02-07 for Final Check 2 Quitclaim Deeds (Schwene to Signal Landmark, Schwene to Schwene) Modification to the Deed of Trust After you and the Public Works Department have reviewed our submittal, could you please contact Howard Hayslett at Chicago Title: Howard Hayslett 16969 Von Karman Irvine, California 92606 (949) 263-4010 ha sletth ctt.com Howard has been in the loop and is familiar with the history of this Lot Line Adjustment, and is prepared to execute the concurrent recordation of the Lot Line Adjustment, the Modification to the Deed of Trust, and the two quitclaim deeds. As always, if you have any questions, please contact me at anytime. S' ly yours, P trick McNally October 13, 2004 Rami Talleh Department of Planning City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Lot Line Adjustment 02-07 Comments: 1. Done 2. Done 3. Done 4. Done 5. Done - submitting First American Title report 6. Done 7. Done 8. Done 9. Done - submitting copy of Modification to Deed of Trust (signed and notarized by current lien holder. Original being signed and notarized by current mortgage holder). Modification to Deed of Trust will be recorded concurrently with Lot Line Adjustment 02-07 (per Howard Hayslett - Chicago Title) 10. Will be shown when Lot Line Adjustment 02-07 records 11. Done If you have any questions, please call me at (714) 734-5100. Thank you for your attention to this matter. Si ly yours, P trick McNally RECEIVED OCT 13 2004 City of Huntington Beach Parcel name: parcel a North: -94.9273 East : 8.3409 Line Course: S 89-21-32 E Length: 62.00 North: -95.6210 East : 70.3370 Line Course: N 00-38-28 E Length: 105.00 North: 9.3624 East : 71.5117 Line Course: N 89-21-32 W Length: 53.00 North: 9.9554 East : 18.5151 Curve Length: 9.38 Radius: 19.00 Delta: 28-16-25 Tangent: 4.79 Chord: 9.28 Course: S 76-30-16 W Course In: S 00-38-28 W Course Out: N 27-37-58 W RP North: -9.0434 East : 18.3025 End North: 7.7896 East : 9.4906 Line Course: S 00-38-28 W Length: 102.73 North: -94.9339 East : 8.3411 Perimeter: 332.10 Area: 6,503 sq. ft. 0.149 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0066 Course: S 02-25-44 E Error North: -0.00661 Precision 1: 50,318.18 Parcel name: parcel b East : 0.00028 North: -287.6410 East : 130.5997 Line Course: N 34-02-08 W Length: 360.33 North: 10.9610 East : -71.0796 Line Course: S 89-21-32 E Length: 89.60 North: 9.9584 East : 18.5148 Curve Length: 9.38 Radius: 19.00 Delta: 28-16-25 Tangent: 4.79 Chord: 9.28 Course: S 76-30-16 W Course In: S 00-38-28 W Course Out: N 27-37-58 W RP North: -9.0404 East : 18.3022 End North: 7.7927 East : 9.4903 Line Course: S 00-38-28 W Length: 102.73 North: -94.9309 East : 8.3408 Line Course: S 89-21-32 E Length: 62.00 North: -95.6246 East : 70.3370 Line Course: S 89-21-32 E Length: 60.85 North: -96.3055 East : 131.1832 Line Course: S 00-10-29 W Length: 191.34 North: -287.6446 East : 130.5997 Perimeter: 876.22 Area: 17,170 sq. ft. 0.394 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0036 Course: S 00-20-51 W Error North: -0.00359 East : -0.00002 Precision 1:243,397.22 When Recorded Mail To: Mark J. Schwene 4918 Shelburne Drive Huntington Beach, Ca 92649 This S ace For Recorder's Use Onl MODIFICATION TO DEED OF TRUST THIS MODIFICATION TO DEED OF TRUST ("Modification ") is made and entered into as of o c t . 6, 2 0 0 4 (date), by and between MARK J. SCHWENE and PAMELA S. NAGER-SCHWENE, husband and wife as community property ("Trustor "), and FINANCE AMERICA, LLC ("Lender") RECITALS: A. Trustor executed a Deed of Trust to KAREN H. CORNELL, ESQ., as "Trustee," in favor of Beneficiary (the "Deed of Trust"), encumbering among other things certain real property situated in the County of Orange, State of California, as security for the payment of certain indebtedness of Trustor to Beneficia ry more particularly described in said Deed of Trust. The Deed of Trust was recorded on May 20, 2003 as Instrument No. 2003000581300 of Official Records of Orange County, California. B. In connection with a portion of the Deed of Trust Property, as more particularly described in Exhibit "A" attached hereto (the "Property") and certain adjacent real property owned by Trustor, Trustor desires to record the lot line adjustment altering the lot lines between , among others, the Property and said adjacent real property to create new parcels. C. As a condition to recording the aforesaid lot line adjustment, Trustor and Beneficia ry/Lender agree to modify the lien of the Deed of Trust with respect to the Property to provide that such lien shall encumber the new legal parcels as described in Exhibit "B" attached hereto. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged , Trustor and Beneficia ry/Lender hereby agree as follows: 1. The legal description of the Property shall, concurrently with recordation of the lot line adjustment in the Official Records of Orange County, California, be the legal description as described in Exhibit "B" attached hereto. 2. Neither the aforesaid lot line adjustment nor this Modification shall prejudice any present or future rights, remedies, benefits or powers belonging or accruing to Beneficia ry of the Trustee under the terms of the Deed of Trust, including without limitation with respect to the lien of the Deed of Trust on all portions of the Property and the rest of the Deed of Trust Property not previously reconveyed by Beneficia ry . r/10-0679-0 1/a/1/modtodeedtrust/2-24-04/hpm/zk 1 3. Except as specifically provided otherwise above, the terms of the Deed of Trust and the lien thereon upon all of the Property and the rest of the Deed of Trust Property not previously reconveyed by Beneficiary shall remain fully effective and unchanged by reason of this Modification and are hereby ratified and affirmed in all respects by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Modification as of the date first written above. "Beneficiary/Lender" MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, I C. By: Signature Print Name/Ti e ice rest en By: Signature Print Name/Title "Trustor" MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE Husband and Wife as Community Property By: Signature Print Name/Title By: Signature Print Name/Title (Signatures Must Be Notarized) r/10-0679-01faNmodtodeedtrust/2-24-04/hpm/zk 2 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY (Prior to Lot Line Adjustment) Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive, of Miscell aneous Maps, in the office of the County Recorder of said County. r/10-0679-0 1/a/Ymodtodeedtrust/2-24-04/hpm/zk 3 EXHIBIT "B" LEGAL DESCRIPTION OF PROPERTY (After Lot Line Adjustment) Parcel A of Lot Line Adjustment LL 02-07, in the City of Huntington Beach, County of Orange, State of California, as shown on Exhibit B attached to that certain document recorded on Instrument No. 2004000 of Official Records of said County. 2004 as r/10-0679-0 1/a/Vmodtodeedtrust/2-24-04/hpm/zk 4 Acknowledgment for Corporation State of Texas County of Harris On 6, 'oo before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: q-Uee A-, /v)` dcC_ n ex ires: KATHLEEN R. MCLEOD Notary Public, State of Texas esw.,«,,,,,• September 22, 200fir8 Acknowledgment for Individual State of California County of On before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: 4SV A M En1 First American Title Company 2 FIRST AMERICAN WAY, SANTA ANA, CA 92707 (714) 800-3000 TRANSMITTAL DATE: JUNE 11, 2003 HUITT ZOLLARS 430 EXCHANGE SUITE 200 IRVINE, CA ATTN : JOSEPH SUESS YOUR REF NO: C & J OF TR. 15734 OUR ORDER NO: 2125149 THE FOLLOWING ARE ENCLOSED FOR USE IN CONNECTION WITH OUR ABOVE- REFERENCED ORDER: COMMITMENT FOR TITLE INSURANCE COVENANTS, CONDITIONS AND RESTRICTIONS DEED OF TRUST COPY OF ITEMS COPY OF ENDORSEMENT AS PER YOUR REQUEST. FIRE INSURANCE POLICY MAPS PRELIMINARY TITLE REPORT PROPERTY LOCATION DISCLOSURE ENDORSEMENT OWNERS POLICY AND COPY OF LENDERS POLICY FIRST AMERICAN TITLE INSURANCE COMPANY BY RONALD J. GOMEZ, TITLE OFFICER DIRECT TELEPHONE NUMBER - 714-800-4822 FAX NUMBER - 714-800-4965 RG/KS Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report T AMER, .4 aa0 s/v OR-2125149 TITLE OFFICER - ROGER C. REIMER Preliminary Report First American Title Insurance Company Preliminary Report OR-2125149 TITLE OFFICER - ROGER C. REIMER First American Title Insurance Company 2 First American Way, Santa Ana, California 92707 (P.O. Box 267, Santa Ana, California 92702) (714) 800-3000 HEARTHSIDE HOMES 6 EXECUTIVE CIRCLE SUITE 250 IRVINE, CA 92614 ATTN: ED MOUNTFORD YOUR NO. (LOT C OF TR. 15734) IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY . THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS , DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS OF MAY 22, 2003 AT 7:30 A M. BY ROGER C. REIMER, TITLE OFFICER DIRECT TELEPHONE NUMBER - 714-800-4927 FAX NUMBER - 714-800-4965 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: THIS REPORT IS FOR LOT LINE ADJUSTMENT PURPOSES ONLY. PAGE 1 Preliminary Report TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: OR-2125149 TITLE OFFICER - ROGER C. REIMER SIGNAL LANDMARK, A CALIFORNIA CORPORATION, SUCCESSOR BY MERGER TO SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. TAXES, BONDS AND ASSESSMENTS NOT EXAMINED FOR THIS REPORT. THIS REPORT IS BEING USED FOR LOT LINE ADJUSTMENT PURPOSES AND A TAX REPORT IS NOT NECESSARY. CODE AREA: 04-007. A. P. NO.: 163-311-17. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENC ING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS THEREOF ARE NOT YET DUE OR PAYABLE. 3. AN OIL AND GAS LEASE ("NORTH BOLSA LEASE") DATED JUNE 12, 1940, EXECUTED BY AND BETWEEN BOLSA LAND COMPANY, AS LESSOR, AND SIGNAL OIL AND GAS COMPANY, AS LESSEE, FOR THE TERM, AND UPON THE TERMS, PROVISIONS, AND CONDITIONS CONTA INED THEREIN, RECORDED DECEMBER 12, 1941 IN BOOK 1120, PAGE 435 OF OFFICIAL RECORDS. NOTE 1: A NOTICE OF LEASE WAS RECORDED JUNE 16, 1940 IN BOOK 1050, PAGE 191 OF OFFICIAL RECORDS. NOTE 2: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AGREEMENT AMENDING OIL AND GAS LEASE", EXECUTED BY AND BETWEEN BOLSA LAND COMPANY AND SIGNAL OIL AND GAS COMPANY, RECORDED IN BOOK 1126, PAGE 14 OF OFFICIAL RECORDS. NOTE 3: THE TERMS, PROVISIONS AND CONDITIONS CONTA INED IN A DOCUMENT ENTITLED "AGREEMENT AMEND ING OIL AND GAS LEASES", EXECUTED BY AND BETWEEN BOLSA LAND COMPANY AND TENANTS IN COMMON OF BOLSA LANDS AND SIGNAL OIL AND GAS COMPANY, RECORDED IN BOOK 2222, PAGE 192 OF OFFICIAL RECORDS. NOTE 4: THE TERMS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "BOLSA-SIGNAL CONVEYANCE", EXECUTED BY NUMEROUS "BOLSA TENANTS", INSTITUTE OIL, INC. AND THE SIGNAL COMPANIES, INC., RECORDED JANUARY 30, 1970 IN BOOK 9204, PAGE 1 OF OFFICIAL RECORDS. NOTE 5: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "BOLSA-SIGNAL AGREEMENT AMEND ING NORTH LEASE", EXECUTED BY AND BETWEEN BOLSA TENANTS AND THE SIGNAL COMPANIES INC., A DELAWARE CORPORATION, RECORDED IN BOOK 9205, PAGE 1 OF OFFICIAL RECORDS. PAGE 2 Preliminary Report OR-2125149 TITLE OFFICER - ROGER C. REIMER NOTE 6: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AGREEMENT AMENDING OIL AND GAS LEASE (AMENDMENT TO NORTH LEASE)", EXECUTED BY AND BETWEEN BOLSA TENANTS AND SIGNAL OIL AND GAS COMPANY, A DELAWARE CORPORATION, RECORDED IN BOOK 9329, PAGE 638 OF OFFICIAL RECORDS. NOTE 7: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AGREEMENT", EXECUTED BY AND BETWEEN STANDARD OIL COMPANY OF CALIFORNIA, A CORPORATION AND SIGNAL OIL AND GAS COMPANY, A CORPORATION, RECORDED IN BOOK 9329, PAGE 645 OF OFFICIAL RECORDS. NOTE 8: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "QUITCLAIM DEED", EXECUTED BY SHELL WESTERN E&P INC., RECORDED MAY 25, 1994 AS INSTRUMENT NO. 94-03 59781 OF OFFICIAL RECORDS. NOTE 9: VARIOUS INSTRUMENTS APPEAR OF RECORD AFFECTING OR PURPORTING TO AFFECT THE INTEREST OF THE LESSORS AND LESSEES UNDER SAID LEASE, BUT THIS REPORT DOES NOT COVER AN EXAMINATION OF OR INSURANCE AS TO THE EFFECT THEREOF, OR THE PRESENT OWNERSHIP OR CONDITIONS OF SAID LEASEHOLD, HOWEVER NONE OF THESE INSTRUMENTS GIVE ANY ADDITIONAL SURFACE RIGHTS. 4. EASEMENTS AFFECTING PORTIONS OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DECREE OF DECLARATION OF TAKING NO. 3, RECORDED MARCH 26, 1943 IN BOOK 1161, PAGE 594 OF OFFICIAL RECORDS, (SAID EASEMENTS BEING SHOWN ON CORPS OF ENGINEERS DISTRICT ENGINEER DRAWING NO. 225-M6, DATED JUNE 4, 1948, ON FILE IN THE OFFICE OF THE DISTRICT ENGINEER, CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY AT LOS ANGELES), AS RESERVED BY THE UNITED STATES OF AMERICA IN JUDGMENT AND DECREE RE- VEST ING TITLE, CERTIFIED COPIES THEREOF BEING RECORDED MAY 9, 1949 IN BOOK 1840, PAGE 424, AND JANUARY 13, 1959 IN BOOK 4546, PAGE 549, OFFICIAL RECORDS, RESPECTIVELY, AND AS FURTHER DEL INEATED AND DESCRIBED IN THE CERTIFICATE EXECUTED BY THE UNITED STATES OF AMERICA CORPS OF ENGINEERS, RECORDED AUGUST 14, 1959 IN BOOK 4841, PAGE 391 OF OFFICIAL RECORDS. 5. RIGHTS AND INTERESTS RESERVED IN VARIOUS DEEDS TO BOLSA-MESA CORPORATION, BOLSA-LOS PATOS CORPORATION, BOLSA-LAGUNA CORPORATION, BOLSA-GRANDE CORPORATION, AND BOLSA-PACIFIC CORPORATION, ONE OF WHICH RECORDED JUNE 25, 1964 IN BOOK 7105, PAGE 115 OF OFFICIAL RECORDS, UPON THE TERMS, PROVISIONS, COVENANTS AND CONDITIONS CONTA INED THEREIN. 6. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED NOVEMBER 3, 1980 IN BOOK 13818, PAGE 966 OF OFFICIAL RECORDS, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTA INED THEREIN, REFERENCE IS HEREBY MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. IN FAVOR OF: DONALD E. GOODELL. FOR: THE INSTALLATION, MAINTENANCE AND USE OF POLE LINES AND/OR UNDERGROUND PIPE LINES AND CONDUITS FOR TELEPHONE, ELECTRIC, GAS, SEWERS, AND OTHER PUBLIC UTILITY PURPOSES AND INCIDENTAL PURPOSES. OVER: A PORTION OF LETTERED LOT C. 7. THE TERMS, PROVISIONS AND CONDITIONS CONTA INED IN A DOCUMENT ENTITLED "DEED RESTRICTION", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, THE KOLL COMPANY, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 29, 1992 AS INSTRUMENT NO. 92-655418 OF OFFICIAL RECORDS. PAGE 3 Preliminary Report OR-2125149 TITLE OFFICER - ROGER C. REIMER 8. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "SEWER SERVICE AGREEMENT FOR BOLSA CHICA", EXECUTED BY AND BETWEEN COUNTY SANITATION DISTRICT NO. 11 AND SIGNAL BOLSA CORPORATION, RECORDED OCTOBER 1, 1993 AS INSTRUMENT NO. 93-0668416 OF OFFICIAL RECORDS. 9. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "BOLSA CHICA DEVELOPMENT AGREEMENT COUNTY OF ORANGE", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE GROUP AND THE COUNTY OF ORANGE, A POLITICAL SUBDIVISION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF CALIFORNIA, RECORDED MAY 2, 1995 AS INSTRUMENT NO. 95-0185354 OF OFFICIAL RECORDS. 10. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "MEMORANDUM OF FEE AGREEMENT BETWEEN THE HUNTINGTON BEACH CITY SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE GROUP", EXECUTED BY AND BETWEEN THE HUNTINGTON BEACH CITY SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE GROUP, RECORDED JULY 18, 1996 AS INSTRUMENT NO. 19960365083 OF OFFICIAL RECORDS. 11. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "MEMORANDUM OF OWNER'S FEE AGREEMENT BETWEEN THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE GROUP", EXECUTED BY AND BETWEEN THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE GROUP, RECORDED JULY 18, 1996 AS INSTRUMENT NO. 19960365084 OF OFFICIAL RECORDS. 12. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "LICENSE AGREEMENT", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION AND SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO. 19960479183 OF OFFICIAL RECORDS. NOTE: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "EXTENSION OF LICENSE AGREEMENT", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION AND SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED MARCH 2, 2000 AS INSTRUMENT NO. 20000113092 OF OFFICIAL RECORDS. 13. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: PUBLIC UTILITIES PURPOSES. OVER: A PORTION OF LETTERED LOT C. 14. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT. 15. THE RECITAL ON THE MAP OF SAID TRACT THAT LETTERED LOT C IS FOR FUTURE DEVELOPMENT PURPOSES. PAGE 4 Preliminary Report OR-2125149 TITLE OFFICER - ROGER C. REIMER 16. LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, EXCEPTIONS, TERMS, ASSESSMENTS, LIENS AND CHARGES IN AN INSTRUMENT RECORDED MARCH 21, 2000 AS INSTRUMENT NO. 20000145196 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 U.S.C. § 3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. 17. THIS ITEM HAS BEEN INTENTIONALLY DELETED. 18. THIS ITEM HAS BEEN INTENTIONALLY DELETED. 19. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JUNE 9, 2000 AS INSTRUMENT NO. 20000304779 OF OFFICIAL RECORDS, IN FAVOR OF: GTE CALIFORNIA INCORPORATED, A CORPORATION. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: A PORTION OF LETTERED LOT C. 20. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED AUGUST 30, 2000 AS INSTRUMENT NO. 20000454789 OF OFFICIAL RECORDS, IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: A PORTION OF LETTERED LOT C. 21. THIS ITEM HAS BEEN INTENTIONALLY DELETED. 22. FOR THE PURPOSE OF PROCESS ING A LOT LINE ADJUSTMENT USING THIS PRELIMINARY REPORT, IT IS THE RESPONSIBILITY OF THE ENGINEER PREPARING THE LOT LINE ADJUSTMENT TO OBTAIN THE NECESSARY DEED OR DEEDS AS WELL AS ALL MODIFICATIONS TO ANY DEEDS OF TRUST ENCUMBER ING THE PROPERTY. PAGE 5 Preliminary Report DESCRIPTION OR-2125149 TITLE OFFICER - ROGER C. REIMER THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS: LETTERED LOT C OF TRACT NO. 15734 AS SHOWN ON A MAP FILED IN BOOK 797, PAGES 40,41 AND 42, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PAGE 6 Preliminary Report WARNING OR-2125149 TITLE OFFICER - ROGER C. REIMER "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". TB PLATS (CC&R'S, IF ANY) ENCLOSED. NOTE: WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS: FIRST AMERICAN TRUST COMPANY ACCOUNT #15030 ABA #122241255 421 N. MAIN STREET ACCOUNT NAME: FIRST AMERICAN SANTA ANA, CA 92701 TITLE COMPANY CREDIT TO FIRST AMERICAN TITLE COMPANY OR-2125149 TITLE OFFICER - RONALD J. GOMEZ DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT - CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS COPY WITH PLAT (AND CC&R, IF ANY) TO: HUITT ZOLLARS 15101 RED HILL AVENUE TUSTIN, CALIFORNIA 92680 ATTN: JOSEPH SUESS REF: HZI PROJECT NO. 10-0679-01 PAGE 7 Preliminary Report PRIVACY POLICY OR-2125149 TITLE OFFICER - ROGER C. REIMER WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION IN ORDER TO BETTER SERVE YOUR NEEDS NOW AND IN THE FUTURE, WE MAY ASK YOU TO PROVIDE US WITH CERTAIN INFORMATION. WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO WITH SUCH INFORMATION-PARTICULARLY ANY PERSONAL OR FINANCIAL INFORMATION. WE AGREE THAT YOU HAVE A RIGHT TO KNOW HOW WE WILL UTILIZE THE PERSONAL INFORMATION YOU PROVIDE TO US. THEREFORE, TOGETHER WITH OUR PARENT COMPANY, THE FIRST AMERICAN CORPORATION, WE HAVE ADOPTED THIS PRIVACY POLICY TO GOVERN THE USE AND HANDLING OF YOUR PERSONAL INFORMATION. APPLICABILITY THIS PRIVACY POLICY GOVERNS OUR USE TO THE INFORMATION WHICH YOU PROVIDE TO US. IT DOES NOT GOVERN THE MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED FROM ANY OTHER SOURCE, SUCH AS INFORMATION OBTAINED FROM A PUBLIC RECORD OR FROM ANOTHER PERSON OR ENTITY. FIRST AMERICAN HAS ALSO ADOPTED BROADER GUIDELINES THAT GOVERN OUR USE OF PERSONAL INFORMATION REGARDLESS OF ITS SOURCE. FIRST AMERICAN CALLS THESE GUIDELINES ITS FAIR INFORMATION VALUES, A COPY OF WHICH CAN BE FOUND ON OUR WEBSITE AT WWW.FIRSTAM.COM. TYPES OF INFORMATION DEPENDING UPON WHICH OF OUR SERVICES YOU ARE UTILIZING, THE TYPES OF NONPUBLIC PERSONAL INFORMATION THAT WE MAY COLLECT INCLUDE: INFORMATION WE RECEIVED FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WHETHER IN WRITING, IN PERSON, BY TELEPHONE OR ANY OTHER MEANS; INFORMATION ABOUT YOUR TRANSACTIONS WITH US, OUR AFFILIATED COMPANIES, OR OTHERS; AND • INFORMATION WE RECEIVE FROM A CONSUMER REPORTING AGENCY. USE OF INFORMATION WE REQUEST INFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES AND NOT FOR THE BENEFIT OF ANY NONAFFILIATED PARTY. THEREFORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAFFILIATED PARTIES EXCEPT: (1) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU HAVE REQUESTED OF US; OR (2) AS PERMITTED BY LAW. WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, INCLUDING THE PERIOD AFTER WHICH ANY CUSTOMER RELATIONSHIP HAS CEASED. SUCH INFORMATION MAY BE USED FOR ANY INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS. WE MAY ALSO PROVIDE ALL OF THE TYPES OF NONPUBLIC PERSONAL INFORMATION LISTED ABOVE TO ONE OR MORE OF OUR AFFILIATED COMPANIES. SUCH AFFILIATED COMPANIES INCLUDE FINANCIAL SERVICE PROVIDERS, SUCH AS TITLE INSURERS, PROPERTY AND CASUALTY INSURERS, AND TRUST AND INVESTMENT ADVISORY COMPANIES, OR COMPANIES INVOLVED IN REAL ESTATE SERVICES, SUCH AS APPRAISAL COMPANIES, HOME WARRANTY COMPANIES, AND ESCROW COMPANIES. FURTHERMORE, WE MAY ALSO PROVIDE ALL THE INFORMATION WE COLLECT, AS DESCRIBED ABOVE, TO COMPANIES THAT PERFORM MARKETING SERVICES ON OUR BEHALF, ON BEHALF OF OUR AFFILIATED COMPANIES, OR TO OTHER FINANCIAL INSTITUTIONS WITH WHOM WE OR OUR AFFILIATED COMPANIES HAVE JOINT MARKETING AGREEMENTS. FORMER CUSTOMERS EVEN IF YOU ARE NO LONGER OUR CUSTOMER, OUR PRIVACY POLICY WILL CONTINUE TO APPLY TO YOU. CONFIDENTIALITY AND SECURITY WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUALS AND ENTITIES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMATION WILL BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH THIS PRIVACY POLICY AND FIRST AMERICAN'S FAIR INFORMATION VALUES. WE CURRENTLY MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. PAGE 8 Preliminary Report NOTICE OR-2125149 TITLE OFFICER - ROGER C. REIMER SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. • a a a a f # i 4 t t# NOTICE IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: 1. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATE MENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE 9 DUIii'v"L7i'E SHEET 3 OF 3 SHEETS ALL 0 YENTA 7718 TRACT Na 75734 16 LOTS AND 7 LETTERED LOTS5840 ACRES DA IE OF SURWr APRIL 1997 SCALE 14 FEET 0 50 100 I50 MAY 1999 a£ X°' N 3 6':518L.' S l0 p ".L91L E _U T I C fi)I \ °1111 7B ~ 107N; 71 6y0'J6 J2' x89 019 Jl'W B o-2912 or •, R 6607 ']9•II= r0 1 /1 L/00007[x] / K+ BAR PCR R/5 97-1000 R 5 B 119/ 25-J! 411[(77[0 AS IT CM -Ac s(c 2v, 735 Rrrw A. Ir TRACT NJ. 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RCPANNC 410 R(8UC.10 71411 WATER 57577W AS 0[06.4710TO 7709 OTT Of 48577906290 8(401 NOTES• LO. A K (09 14x055429'10 -005(S 420 IS x07 A YPAAAI(5U1aSC 91r- L075 8 0170007 C 400 LOT 8 APC 109 NR.9C 0(1011171717 LOr(05(0920709R SIRRl5 .cCA 753 0(401/8[0 4x0 RCCONO 2(0 8/3 97-7000 a 58 748/23-J0 . 1981133 0770000' 0407C0 9acarts RC(0R07(0 858 97/79-OS (( )) 78964 Ms 811(000 700 C(R7. LY CO- 00 CC 92-07 TRACT NO. 15734 IN THE CITY OF HUN77NGTON BEACH, ORANGE COUNTY, CALIFORNIA ALL KroCLA4 2 4CCCSS RN2o5 70 LOS 24 .00 IX1rsA7 (OCA S00 4 01(40100(0BY97 7(11x41!0 1111700/$9d( ARC A[9Y 001 5 007j7D 414005--0 r0 C 011 Of -- BCA09 r0 L C L.OSGMRCS0COK B2 8(8 SS57 Orr L.l 2 1 617710 8SB 169/ 21-11 C I/1• i IB/[41/14 ASON MC [l TL90f NC !/4a -AC. 5CC 19. 7SS. A,777 =CE -8 CA LOS PA 70S AVENUE $evJSJV. -0297111'1 - - (66019 ) (88023)R ° ~ (205558 - ; o.97 4 LOT C 8y 0194 AC 2 Zc '(' 9y Yam R-,9 00 11 yyl_I, J2'117174532'I 74 V Ca I - e Ne9791r171OO7Y Lb 4$ ;=1 I -4931-W 104 50 !t t 6 61 93'U ~` _2 ILOT E w g.,• M R1s O IC. 12 8 Y' 9 $ 08 7 l0 X91 re' 27 g 702.9 9403r -W 77349•• x09.931.7 10450• x 2(OTC I i €=o $l a02979379 70450' 411047 a r 1666 • 8 8 u (4-724 0040 7) n •2' g ' N8998'JOY 32100 0511x010 1 CC 401 .960/0! OR PcR Cr[(AT LY C-1 N0. LL 91-01 CURVE DATA: O 4-09']101• a-]500 • L-239]' O b9J4'30.8-4400 ' L-1J5' 4-1080 '07' R-80001-17519• 0 Q 4-29]2 or 1-1500' L-u 41• O A-57eor 8-54700 ' L-52711' O 12]61]" R-]P PO" L-24 or NOTES• (con r) I p I D `' to 9 A IW I s W `- .tl x29.9'1717 702 50' e 2. I w I /-- C/L WARNER A VENUE / 0165 AC 2277 xe9.in•w 2.16109'ter- 9 54/0000(79 1£I ( i Io (7077079 570[[7) N8949 •J717 1 IS49 •al I I qM1 (QT H 0 170 AC 05 7 0 e ° R II 0 \117540' 3 3• ((323007) \,%f1270°\5 711470777 07 748C61 2 0 f2A LIANCrtCCA 1 CL OU7Sn9is5 RrtlufNr.% Si r, I 8 \jI8g COURSE OATA: ID 0874837/ ITS. Q NO3828'( 175' J N88'QJr•W 1100• N89'49J1•W 1275 Q 50 Je la"! 975' © 501029210000' Q (00958501 450007 O (72835'15 -90 2187517 Q (70]•40297 96487 ® 5895(301 2100 i i -1- JOY 44192' 333'0 517 33170' [45107[0[4117047(0 PER R 9J-7000.1 e 0iIlk 1799m (0 5[575709 x[40 RECORD 7CAR9C A -7000 8 A1514PCR 79/5 97-1000 S1. 119/23-J6411 0NM4R A=SS 07500 70 801154 05 CA 59CCr . ([Cf01 AT 00[47595 478700{0 BY MC 704075700020959(90. AR( 110 781 0(1(45(0 .1700710/ .0S 10 10 MC 011 5' 7050x[707 0(A01 Sr( 91(7 7 (07 4100747(07 -1n 8495111 8(301405 DARN 5 14 0.1[1T 400 XSL7s ea2540' (05ma 042 70067907 (6 N 31 First American Title Insurance Company THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage land the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business' laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business' laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set fo rth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mo rtgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created , suffered , assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set fo rth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage land the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reserv ations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Form No. 1491.EAGLE (10/98) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation), 15 (Building Permit), 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are Subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -his does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25 ); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation of impart notice to a purchaser for value or a judgment or lien creditor. 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage land the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS `J When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. Order Number: 2125201 (09) Page Number: 1 aY }1F'k I C. i•T• First American Title Company 2 First American Way Santa Ana, CA 92707 Ed Mountford Hearthside Homes 6 Executive Circle, Suite 250 Irvine, CA 92614-6732 Phone: (949) 250-7708 Fax: (949) 250-7705 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Property: Lot 16 Tr. 15734 2125201 (09) Ronald Gomez (714) 800-4822 (714) 800-4965 rogomez@firstam.com Schwene Huntington Beach, CA PRELIMINARY REPORT RECEIVED OCT 13Z004 City of Huntington Beach In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. Please re ad the exceptions shown or referred to below and the exceptions and exclusions set forth In Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It Is Import ant to note that this preliminary report is not a writt en representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Order Number: 2125201 (09) Page Number: 2 Dated as of July 22, 2004 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: This Report is for Lot Line Adjustment purposes only A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Mark J. Schwene and Pamela S. Nagel-Schwene, husband and wife as community property The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee as to Parcel(s) 1, an easement as to Parcel(s) 2 and 3. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2004-2005, a lien not yet due or payable. 2. An Oil and Gas Lease ("North Bolsa Lease") dated June 12, 1940, executed by and between Bolsa Land Company, as lessor, and Signal Oil and Gas Company, as lessee, for the term, and upon the terms, provisions, and conditions contained therein, recorded December 12, 1941 in Book 1120, Page 435 of Official Records. Note 1: A Notice of Lease was recorded June 16, 1940 in Book 1050, Page 191 of Official Records. Note 2: The terms, provisions and conditions contained in a document entitled "Agreement Amending Oil and Gas Lease", executed by and between Bolsa Land Company and Signal Oil and Gas Company, recorded in Book 1126, Page 14 of Official Records. Note 3: The terms, provisions and conditions contained in a document entitled "Agreement Amending Oil and Gas Leases", executed by and between Bolsa Land Company and tenants in common of Bolsa Lands and Signal Oil and Gas Company, recorded in Book 2222, Page 192 of Official Records. Note 4: The terms and conditions contained in a document entitled "Bolsa-Signal Conveyance", executed by numerous "Bolsa Tenants", Institute Oil, Inc. and the Signal Companies, Inc., recorded January 30, 1970 in Book 9204, Page 1 of Official Records. First American Title Order Number: 2125201 (09) Page Number: 3 Note 5: The terms, provisions and conditions contained in a document entitled "Bolsa- Signal Agreement Amending North Lease", executed by and between Bolsa Tenants and the Signal Companies Inc., a Delaware Corporation, recorded in Book 9205, Page 1 of Official Records. Note 6: The terms, provisions and conditions contained in a document entitled "Agreement Amending Oil and Gas Lease (Amendment to North Lease)", executed by and between Bolsa Tenants and Signal Oil and Gas Company, a Delaware Corporation, recorded in Book 9329, Page 638 of Official Records. Note 7: The terms, provisions and conditions contained in a document entitled "Agreement", executed by and between Standard Oil Company of California, a Corporation and Signal Oil and Gas Company, a Corporation, recorded in Book 9329, Page 645 of Official Records. Note 8: The terms, provisions and conditions contained in a document entitled "Quitclaim Deed", executed by Shell Western E&P Inc., recorded May 25, 1994 as Instrument No. 94-0359781 of Official Records. Note 9: Various instruments appear of record affecting or purporting to affect the interest of the lessors and lessees under said lease, but this report does not cover an examination of or insurance as to the effect thereof, or the present ownership or conditions of said leasehold, however none of these instruments give any additional surface rights. 3. Easements affecting portions of said land included within the land described in the Decree of Declaration of Taking No. 3, recorded March 26, 1943 in Book 1161, Page 594 of Official Records, (said easements being shown on Corps of Engineers District Engineer Drawing No. 225- M6, dated June 4, 1948, on file in the Office of the District Engineer, Corps of Engineers, Department of the Army at Los Angeles), as reserved by the United States of America in Judgment and Decree Re-Vesting Title, certified copies thereof being recorded May 9, 1949 in Book 1840, Page 424, and January 13, 1959 in Book 4546, Page 549, Official Records, respectively, and as further delineated and described in the certificate executed by the United States of America Corps of Engineers, recorded August 14, 1959 in Book 4841, Page 391 of Official Records. 4. Rights and interests reserved in various Deeds to Bolsa-Mesa Corporation, Bolsa-Los Patos Corporation, Bolsa-Laguna Corporation, Bolsa-Grande Corporation, and Bolsa-Pacific Corporation, one of which recorded June 25, 1964 in Book 7105, Page 115 of Official Records, upon the terms, provisions, covenants and conditions contained therein. Note: The terms and conditions contained in a document entitled "Bolsa-Signal Conveyance", executed by numerous "Bolsa Tenants", Institute Oil, Inc. and the Signal Companies. Inc., recorded January 30, 1970 in Book 9204, Page 1 of Official Records. 5. The terms and provisions contained in the document entitled "Deed Restriction" recorded September 29, 1992 as Instrument No. 92-655418 of Official Records. 6. The terms and provisions contained in the document entitled "Sewer Service Agreement for Bolsa Chica" recorded October 1, 1993 as Instrument No. 93-0668416 of Official Records. First American Title Order Number: 2125201 (09) Page Number: 4 7. The terms, provisions and conditions contained in a document entitled "Memorandum of Fee Agreement between the Huntington Beach City School District and Signal Bolsa Corporation, a wholly owned subsidiary of Koll Real Estate Group", executed by and between the Huntington Beach City School District and Signal Bolsa Corporation, a California Corporation, a wholly owned subsidiary of Koll Real Estate Group, recorded July 18, 1996 as Instrument No. 19960365083 of Official Records. 8. The terms, provisions and conditions contained in a document entitled "Memorandum of Owner's Fee Agreement between the Huntington Beach Union High School District and Signal Bolsa Corporation, a wholly owned subsidiary of Koll Real Estate Group", executed by and between the Huntington Beach Union High School District and Signal Bolsa Corporation, a California Corporation, a wholly owned subsidiary of Koll Real Estate Group, recorded July 18, 1996 as Instrument No. 19960365084 of Official Records. 9. The terms, provisions and conditions contained in a document entitled "License Agreement", executed by and between Signal Bolsa Corporation, a California Corporation and Shea Homes Limited Partnership, a California Limited Partnership, recorded September 19, 1996 as Instrument No. 19960479183 of Official Records. Note: The terms, provisions and conditions contained in a document entitled "Extension of License Agreement", executed by and between Signal Bolsa Corporation, a California Corporation and Shea Homes Limited Partnership, a California Limited Partnership, recorded March 2, 2000 as Instrument No. 20000113092 of Official Records. 10. This item has been intentionally deleted. 11. An easement as shown and dedicated to the City of Huntington Beach on the map of said tract. For: Public utilities purposes Over: A portion of the land 12. This item has been intentionally deleted. 13. The dedication to the City of Huntington Beach of the Domestic Water System and appurtenances as shown on the improvement plans for said tract. 14. An easement for public utilities and incidental purposes, recorded June 9, 2000 as Instrument No. 20000304779 of Official Records. Affects: A portion of the land Note: At the time of recording, grantor was not owner of record. 15. An easement for public utilities and incidental purposes, recorded August 30, 2000 as Instrument No. 20000454789 of Official Records. Affects: A portion of the land First American Title Order Number: 2125201 (09) Page Number: 5 16. Covenants, conditions, restrictions and easements in the document recorded September 11, 2000 as Instrument No. 20000471428 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note 1: A document entitled "Supplementary Declaration of Covenants, Conditions and Restrictions and Notice of Annexation for Sandover Community Association" recorded September 22, 2000 as Instrument No. 20000498650 of Official Records. Note 2: The above mentioned covenants, conditions and restrictions provide that the lien of the assessment provided for therein shall be subordinate to the lien of any first mortgage upon any lot or condominium unit. 17. Easements, covenants and conditions contained in the deed from Signal Landmark, a California Corporation, as grantor, to Mark J. Schwene and Pamela S. Nagel-Schwene husband and wife, as community property, as grantee, recorded April 27, 2001 as Instrument No. 20010263962 of Official Records. Reference being made to said document for full particulars. 18. A deed of trust to secure an original indebtedness of $770,000.00 recorded May 20, 2003 as Instrument No. 2003000581300 of Official Records. Dated: May 14, 2003 Trustor: Mark J. Schwene and Pamela S. Nagel-Schwene, husband and wife, as community property Trustee: Karen H. Cornell, esq. Beneficiary: Mortgage Electronic Registration Systems, Inc. Lender: Finance America, LLC. 19. For the purpose of processing a Lot Line Adjustment using this preliminary report, it is the responsibility of the engineer preparing the Lot Line Adjustment to obtain the necessary deed or deeds as well as all modifications to any deeds of trust encumbering the property. First American Title Order Number: 2125201 (09) Page Number: 6 INFORMATIONAL NOTES 1. According to the public records, there has been no conveyance of the land within a period of six months prior to the date of this report, except as follows: None 2. Taxes for proration purposes only for the fiscal year 2003-2004. First Installment: $4,478.42, PAID Second Installment: $4,478.42, PAID Tax Rate Area: 04-007 APN: 163-311-16 FirstAmerican Title Order Number: 2125201 (09) Page Number: 7 WIRE INSTRUCTIONS First American Title Company, Demand /Draft Sub-Escrow Deposits Orange County, California First American Trust, FSB Santa Ana Branch 421 North Main Street Santa Ana, California 92701 ABA 122241255 Credit to First American Title Company Account No. 15030 Reference Title Order Number 2125201 , and Title Officer Ronald Gomez Please wire the day before recording. Also, notify the Title Officer of your intent to wire. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: 2125201 (09) Page Number: 8 LEGAL DESCRIPTION Real property in the City of Huntington Beach, County of Orange, State of California, described as follows: PARCEL 1: LOT 16 OF TRACT NO. 15734, AS SHOWN ON A MAP RECORDED IN BOOK 797, PAGES 40, 41 AND 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OF DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AS RESERVED BY SIGNAL LANDMARK, A CALIFORNIA CORPORATION, RECORDED APRIL 27, 2001 AS INSTRUMENT NO. 20010263962 OF OFFICIAL RECORDS. PARCEL 2: A NON-EXCLUSIVE EASEMENT ON AND OVER THE COMMON AREA DEFINED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SANDOVER COMMUNITY ASSOCIATION, RECORDED SEPTEMBER 11, 2000 AS INSTRUMENT NO. 20000471428, AND THAT CERTAIN SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND NOTICE OF ANNEXATION, RECORDED SEPTEMBER 22, 2000 AS INSTRUMENT NO. 20000498650, BOTH OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA (COLLECTIVELY, THE "DECLARATION"), FOR ACCESS, USE, ENJOYMENT, INGRESS AND EGRESS TO THE AMENITIES LOCATED THEREON. THIS EASEMENT IS APPURTENANT TO PARCEL 1 ABOVE. PARCEL 3: EASEMENTS FOR ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, ACCESS, INGRESS, EGRESS, USE AND ENJOYMENT, AS SAID EASEMENTS ARE SET FORTH IN THE DECLARATION. APN: 163-311-16 First American Title Order Number: 2125201 (09) Page Number: 9 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. FirstAmerican Title Order Number: 2125201 (09) Page Number: 10 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of. I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse daims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured daimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such daimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured daimant; (d) attaching or First American Title Order Number: 2125201 (09) Page Number: 11 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest Insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or daims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction In the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining daims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or tide to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Order Number: 2125201 (09) Page Number: 12 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and Is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the Interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 FirstAmerican Title Order Number: 2125201 (09) Page Number: 13 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not Insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. FirstAmerican Title Order Number: 2125201 (09) Page Number: 14 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Viola tion). 15 (Building Permit). 16 (Zoning ) and 18 (Encroachment of bounda ry wa lls or fences ) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d, improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described In Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described In Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation In ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion FirstAmerican Title Order Number: 2125201 (09) Page Number: 15 does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting In loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of Invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk S. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of. 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated Into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of. Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: FirstAmerican Title Order Number: 2125201 (09) Page Number: 16 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. FirstAmerican Title PRIVACY POLICY We Are Committ ed to safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as qualitycontrol efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one ormore of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiali ty and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access tononpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values: We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved s PLANNING DEPARTMENT O 'Of 171'0,DEVELOPMENT REVIEW REQUEST z<7,0 OpQ h TO: Kris Winchak, Public Works FROM: RAMI TALLEH Ext: 1682 DATE: OCTOBER 19, 2004 PC ZA DRB 0 STAFF PETITION(S): SECOND SUBMITTAL Lot Line Adjustment No. 02-07 (Schwene Property) REQUEST(S): LOCATION: ZONE: GENERAL PLAN: EXISTING USE: To adjust two parcels by moving a property lot at the Northwest corner of parcel one. 4918 Shelburne Drive (South Side of Shelburne; Terminus of Bolsa Chica Street) RL-CZ (Low Density Residential- Coastal Zone) RL (Residential Low Density) Single Family Dwelling Please submit your concerns and recommended changes or conditions in writing on or before November 9, 2004 COMMENTS: (Use attachments or back side of sheet if necessary) G 4 7- /t Z7 C%i6 r s /mar e IOCT 2 0 2004 DEPT. Or= PU8LIC 1,10RKS RESPONSE BY: I? /le1/G • Extension Attachments: 1. Maps 2. Narrative G:\TALLEH\2002\StaffReview\L.ot Line Adjustment \4918 Shelburne\4918 DRR1.doc November 10, 2004 City of Huntington Beach Planning Department Attention: Rami Talleh From: Kris Winchak / Dept. of Public Works Subject: L.L.A. No. 02-07, Public Works Plan Check No. 2 Comments. 1. Revise the Director of Public Works Dept. name to Robert along with correct year. 2. Revise the Existing Parcel Number on Sheet 1 of 2 as 163-311-16. 3. Revise Proposed Parcels on Sheet 2 of 2 as Parcels A and B 4. Lot Line Adjustment is missing the owners signature Notary Sheet, provide in next submittal. 5. The Quitclaim Deeds should show Document Number and recording date, once Lot Line Adjustment has recorded. 6. The Modification to Deed of Trust should show Document Number and recording date, once Lot Line Adjustment has recorded. 7. The original Owners Signature Sheet along with the lot line adjustment and Notary, must be signed by the Planning Dept. and submitted along with the revised Lot Line Adjustment to Public works for final review and the Public Works Directors Approval. 8. The Surveyor or Owner must make arrangements with their Title Company for the processing and recording of the Lot Line Adjustment, Quitclaim Deeds and Modification of Deed of Trust. The name of the Title Officer assigned to this project shall be provided to the Public Works Department along with telephone number for contact. Upon City approval of Lot Line Adjustment the Title Company Officer will be contacted to pick up the document and will procede to have it recorded along with the new Grant Deeds. 9. Surveyor must sign and stamp the lot line adjustment (wet sign) original signed document. 10. Have Surveyor address all plan check corrections shown on Plan Check and resubmit to the Public Works Department for addition review. 0 Mail recorded copies to: CITY OF HUNTINGTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT 2000 Main Street Hun tington Beach, CA 92648 above reserved for County Recorder's use RECEIVED OCT 13 2004 City of Huntington Beach CITY OF HUNTINGTON BEACH Lot Line Adjustment n HUNTINGTON BEACH RECORD OWNERS: L L 02 - 01 PARCEL A PARCEL -B NAME:Mark J. Schwene and Signal Landmark, a California Pamela S. Nagel-Schwene Corporation, Successor by Merger to Signal Bolsa Corporation, a California Co oration ADDRESS:4918 Shelburne Drive 6 Executive Circle, Suite 250 Huntington Beach, CA 92649 Irvine, CA 92614 DAYTIME PHONE:(310 606-9500 Work)949 250-7700 714 846-0146 (Home) (I/We) hereby certify that: 1) (I/am/We are) the record owner(s) of all parcels proposed for adjustment by this application: 2) ([/We) have knowledge of and consent to the filing of this application: and 3) The information submitted in connection with this application-is-true-andcorrect: lr' ~,-PARCEL _ BPARCEL.A -rl J 114742.1,t ,4 f 'r- ,l? Signature Name:Mark J. Schwene Signature Name: Pamela S. Nagel-Schwene r/ 10-0679 -01 /a/I/l l a/ 7- I 1-01 /ji s /zk/1 m 'SigName:.9 /Zl.dt 4 . Sci%4- SgI '(tt/ Ld24gi-L, /1 U Signature ® Name:aymond J. f aCi i 0 L President and Chief Executive Officer 0 • CITY OF HUNTINGTON BEACH Lot Line Adjustment LLO2-07 CONTACT PERSON: Jose h J. Suess c/o Huitt-Zollars Inc. ADDRESS: 430 Exchan e Suite 200 Irvine CA 92602-1309 DAYTIME PHONE: 714 734-5100 THIS DOCUMENT CONSISTING OF 7 PAGES WAS PREPARED BY ME OR UNDER MY DIRECTION. L P.L.S. 6409 T /LREGIST LICENSE EXPIRES 12/31/06 Jose J. S ess EXAMINED AND APPROVED 1213P-T By Roge,?F. Beardsley, R.C.E. 22876 ctor of Public Works, City of Huntington Beach My Registration/License expires 12/31/05 DATED THIS DAY OF DATE FILED ZONE ZONING ADMINISTRATOR ACTION Date: ,p.1.-LAI VO SGTGG O'O NNmC ty NO. 6409 0 °- EXP. 12/31/06 eOF CM-0 8EDE%VED OCT 132004 Ci y of Huntlngion Beach 200' r/10-0679-01/a/1/Ilapg2/1-16-03/jj s/zk/Im S CITY OF HUNTINGTON BEACH RECEIVED Lot Line Adjustment OCT 13 2004 L L02 -0 7 City of Huntington Beach LEGAL DESCRIPTION EXHIBIT "A" Existing Parcels Proposed Parcels Owners AP Numb s Reference Number Mark J. Schwene and 163-311 6 ((Gtej Parcel A Pamela S. Na el-Schwene Signal Landmark, 163-311-17 Parcel B a California Co oration Sheet 1 of 2 Sheets Parcel A: (Adjusted) Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. Adjusted Parcel A contains an area of 6503.56 square feet (0.149 acres), more or less. Parcel B: (Adjusted) Lot C of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County together with that portion of Lot 16 of said map being described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. r/ 10-0679-0 1 /a/V1lalegal/1-16-03/j j s/zk/lm 0 .CITY OF HUNTINGTON BEACH Lot Line Adjustment LL02-07 LEGAL DESCRIPTION EXHIBIT "A" aFCE1VED OCT13 2004 Cltyof Huntington Beach Existing Parcels Proposed Parcels Owners AP Numbers Reference Number Mark J. Schwene and 163-311-16 Parcel A Pamela S. Na el-Schwene Signal Landmark, 163-311-17 Parcel a California Co oration Sheet 2 of 2 Sheets Adjusted Parcel B contains an area of 17169.88 square feet (0.394 acres), more or less. See Exhibit "B" attached hereto and by this reference made a part hereof. Subject to all recorded easements, if any. i / . Cpl LA/y0 JOS PH J. SUES , PLS 6409 C/• pP J 'T,G O NO. 6409 O n EXP. 12/31/06 OF Mkfe-e r/10-0679-01/a/Vlialegal/1-16-03/jjs/zkllm CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT L L 02-07 EXHIBIT 'B' MAP C/L SHELBURNE DRIVE (PRIVATE STREET) OWNERS EXISTING PARCELS AP NUMBERS PROPOSED PARCELS REFERENCE NUMBER MARK J. SCHWENE AND 163-311-16 PAMELA S. NAGEL-SCHWENE PARCEL "A" SIGNAL LANDMARKA 163-311-17 "", CALIFORNIA CORPORA71ON PARCEL B c0N N89 2132 "W .1,42.60' 89.60'53.00' SEE DETAIL HEREON SCALE 1'=50' LEGEND -------- LOT LINE TO BE REMOVED LOT LINE TO REMAIN m °: NEW PARCEL LINE ---------CITY/COUNTY LIMITS PARCEL 'A 0.149 AC.N 62.00' N89'21 '32 "W LOT ? RF-VF-II h OCT 13 2004 Cityof HUflUflgton88i N W'L Y CORNER LOT 16 p B. N89 2132 "W 142.60' - 89.60' -'--80.60' NO ;3828 9.00 53.00 -^ 62.00' 2.27'_.PARCEL 'A' N\,wcb0 a NO . 1\- cp O PARCEL 'B'z \°u n DETAIL CALE.• 1`-10' OSEP J. SUES :, L.S. 6409 •--NEW LOT LINE PARCEL 'B'0.394 AC. c- pL LAN,oN yoQN J. SGFG NO. 6409 ° EXP. 12/31/06 SITF OF CX010ge REVISED:1-14-03 '--.,- G.• \10067901 \LLA \LL067901.DWG Cl Y OF HUNTINGTON BEA H LOT LINE ADJUSTMENT L L 02-07 OWNERS RECEIVED OCT 13 2004 EXHIBIT 'C' (SITE PLAN) City of Huntington Beach EXISTING PARCELS PROPOSED PARCELS AP NUMBERS REFERENCE NUMBER MARK J. SCHWENE AND 163-311-16 PAMELA S NAGEL-SCHWENE PARCEL "A " SIGNAL LANDMARK, A 163-311-17 ""CALIFORNIA CORPORA 77ON PARCEL B C/L SHELBURNE DRIVE (PRI VA TE STREET),7 EXIS77NG CURB AND GUTTER D Opp %Rc l SCALE.' l--50,O ONA` LAND C\k O\k J.sGc^ G'c NO. 6409 EXP. 12/31/06 L---- OT t ------ 4e OF CASE JOSE H J. 'SUE S, L. EASEM T NO S ---------------------------- ------- ---- EXISTING HOUSE PARCE 'A' 6409 C ADEASE ENT T DONALD E. GOODELL FOR POLE LINES, \UN RGROUND PIPE LINES AND U77LI77ES CONDUITS PER BOOK 13818, PAGE 966 OF OFFICIAL RECORDS. EASEMENT TO THE CITY OF HUN77NGTON BEACH FOR `.7cy PUBLIC U77LI7Y PURPOSES DEDICATED ON TRACT NO. 15734. UC EASEMENT TO GTE CALIFORNIA FOR PUBLIC U77LITY AND INCIDENTAL PURPOSES PER INSTRUMENT NO. 2000-0304779 O.R. EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR PUBLIC UTILITY AND INC/DENTAL PURPOSES PER INSTRUMENT NO. 2000-0454789 O.R. (SAI DOCUMENT 3 EASEMENT BASED OF THE INSTALLED FACILITIES IN THE SIDE YARDS OF LOT 16) GARAG - -------J ----------------- C UNDEVELOPED PARCEL ABA REWSED: 1-14-OS G. \ 10067901 \LLA \SITEPLAN.DWG WHEN RECORDED MAIL TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 DOCUMENTARY TRANSFER TAX $ No consideration* SPACE ABOVE THIS LINE FOR RECORDER'S USE *Deed given to clear title after Lot Line Adjustment ....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or Undersi ned encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to SIGNAL LANDMARK, a California Corporation, Successor by Merger to Signal Bolsa Corporation, a California Corporation the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel 1 as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL CJ 2 - O:Z recorded concurrently herewith of Official Records. , i{ov/,L'ccv2rK pr'E Mo ynrs i 'uhEryr- moo, v Q lCC (20/0 l 'Gi.'n?r C- ParcelV being described as follows:d tf Lot C of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as'shown on vre map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County together with that portion of Lot 16 of said map being described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. Dated } STATE OF CALIFORNIA }SS. COUNTY OF O } On / c e o 2 -v O CT Z before me, pP`sonally ppeared Y In • - , (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) pare subscribed to the within instrument and acknowledged to me that -hte1she/they executed the same in -h!clhcr/their authorized capacit$ies), and that by -his/hen'their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h Signature d and official seal. MAIL T STATEMENTS TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 144 Lttvits.¢i MARK J. SCHWENE f PAMELA S. NAGEL-SCH E TABATHA BURRIS Commission # 1375245 Notary Public - California Orange County - My Comm. Expires Sep 17,2006 r/10-0679-01/a/1/quitclm/jj s/10-8-02/lm/zk 13 WHEN RECORDED MAIL TO: Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive Huntington Beach, CA 92649 DOCUMENTARY TRANSFER TAX $ No consideration* SPACE ABOVE THIS LINE FOR RECORDER'S USE *Deed given to clear title after Lot Line Adjustment ....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or Undersi ned encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property the realropprty in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL 0 Z - 0 7 recorded concurrent) herewith of Official Records. $r{®cv c_CV2Uw6 A1t t //O o c,Gc'20LL DG oa•IAVSr702-1 75'Jr Parcel being described as follows: Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. Dated 7r- STATE OF CALIF NIA ASS. COUNTY YOj On 2z b ? f re me, 7 / 6 U. t. c , onally Wpeared (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Qa' re subscribed to the within instrument and acknowledged to me that 4tefstre/they executed the same in #t+sfher/their authorized capacit (ies), and that by 4 4&lier/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. . 1, - UM , PAMELA S. NAGEL-SCHWE WITNESS my h nd and official seal. Signature 4- MAIL T STATEMENTS TO: Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive Huntington Beach, CA 92649 TABAfHA BURRIS 'a Commission # 1375245 z Notary Public -California Oran .4441tel- MARK J. SCHWENE ge County - MyComm. Eires Sep 17.2005 r/ 10-067 9-01 ia/Vqui tclm l /j j s/ 10-8-02/l m/zk PLANNING DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Tern Elliott, Public Wor Matt McGrath, Fire Gerald Caraig, Building FROM: RAMI TALLEH Ext: 1682 PC DATE: NOVEMBER 18, 2002 ZA DRB 0 STAFF PETITION(S): Lot Line Adjustment No. 02-07 (Schwene Property) REQUEST(S): To adjust two parcels by moving a property lot at the Northwest corner of parcel one. LOCATION: 4918 Shelburne Drive (South Side of Shelburne; Terminus of Bolsa Chica Street) ZONE: RL-CZ (Low Density Residential- Coastal Zone) GENERAL PLAN: RL (Residential Low Density) EXISTING USE: Single Family Dwelling Please submit your concerns and recommended changes or conditions in writing on or before December 9, 2002 COMMENTS: (Use attachments or back side of sheet if necessary) RESPONSE BY: Extension- j Attachments: 1. Maps 2. Narrative ,oJJ G:\TALLEH\2002\Zoning Administrator\16681 Carousel\16681 DRR.doc • 0 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS DEVELOPMENT REVIEW REQUEST TO: Bob Righetti Geraldine Lucas, Environmental Lili Tom, Water Mando Brizuela, Senior Plan Ck Bill Janusz, Transportation Gail Pickart Chuck Davis, Park, Tree & Landscape Kris Winchak Todd Broussard, Design FROM: Terri Elliott Extension 5580 DATE: November 19, 2002 ENTITLEMENT: LLA 02-07 REQUEST(S): To adjust 2 parcels by moving a property line at the northwest corner of parcel 1. LOCATION: 4918 Shelburne Drive (south side of Shelburne; terminus of Bolsa Chica) Please submit your concerns and recommended changes or conditions in writing on or before Monda December 9 2002. COMMENTS : (Use attachments or backside of sheet if necessary) r z"r! re' r Cr 'c rr C1 ,e r s6 G'r'TJ ctc'(l+vet 'f'!-G/Xre/`?Lr .L71J 'Cl'r4, 4G^/u6'Gr'G'O'r',CSWlr7e R Gt3i S 'P'eoVZ cJ °S lcm 2c2cs a '.Soc C oir<' C df /-or 1fc !r ©ew"r 4 9fr'-fJ-or G) UPD t'7<t°/i4 t aF -7) sCfco(J ,c,' ,o,P4 r O .Cow e-retry e 4o cr !f , ' trcl5 C1 ,so-,e G'4 G's ,4 J&st'"ec f ect ,,g (' c7r tc' '' Ors' Tip'"- mac ' /camU D 6 t-Cf ), G`r2t tylD'sr" .fZ'-•c roor'S'R C°Ari'cr `a /nnY t Apr' (( 'I © /W.4 r' RESPONSE BY: i DATE: /Z 7,, (Taileh) l o f 5;4 w c/1-ClILoz-o7a1v 7" P / / Sfo/r2 a boC r/:' Tc r S ri'c rfc4' Crr-v' !"r-Or2c DRR Memo to Staff (Talleh) Preliminary Report OR-2125201 TITLE OFFICER - ROGER C. REIMER 17. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS, LIENS, CHARGES, TERMS AND PROVISIONS IN THE DOCUMENT RECORDED SEPTEMBER 11, 2000 AS INSTRUMENT NO. 20000471428 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR REST.,UC [ION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COI OR, RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMILIAL STATUS; OR NATIONAL ORIGIN, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRIC'TJONS VIOLATE 42 U.S.C. § 3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955. LAWFUL RESTRICTIONS -UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING. QP. HOUSING 'FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS 2 . . , NOTE 1: A DOCUMENT ENTITLED "SUPPLEMENTARY DECLARATION _ ,OF COVENANTS, CONDITIONS AND RESTRICTIONS AND NOTICE OF ANNEXATION FOR SANDOVEFR COMIvMtINITY ASSOCIATION" RECORDED SEPTEMBER 22, 2000 AS INSTRUMENT NO. 20000498650 OF OFFICIAL RECORDS. NOTE 2: THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE LIEN OF THE ASSESSMENT PROVIDED FOR THEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT OR CONDOMINIUM UNIT. 18. EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM SIGNAL LANDMARK, A CALIFORNIA CORPORATION, AS GRANTOR, TO MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE HUSBAND AND WIFE, AS COMMUNITY PROPERTY, AS GRANTEE, RECORDED APRIL 27, 2001 AS INSTRUMENT NO. 20010263962 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 19. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $671,000.00, RECORDED APRIL 27, 2001 AS INSTRUMENT NO. 20010263963 OF OFFICIAL RECORDS. DATED: APRIL 17, 2001. TRUSTOR: MARK J SCHWENE AND PAMELA S NAGEL SCHWENE HUSBAND AND WIFE. TRUSTEE: DSL SERVICE COMPANY, A CALIFORNIA CORPORATION. BENEFICIARY: DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. 20. FOR THE PURPOSE OF PROCESSING A LOT LINE ADJUSTMENT USING THIS PRELIMINARY REPORT, IT IS THE RESPONSIBILITY OF THE ENGINEER PREPARING THE LOT LINE ADJUSTMENT TO OBTAIN THE NECESSARY DEED OR DEEDS AS WELL AS ALL MODIFICATIONS TO ANY DEEDS OF TRUST ENCUMBERING THE PROPERTY. PAGE 5 AA- U Go,(rp-L' ruc zZY E arr F.- S Tr ,,. Mail recorded copies to: CITY OF HUNTINGTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT 2000 Main Street Huntington Beach, CA 92648 above reserved for County Recorder's use J .J At HUNTINGTON BEACH RECORD OWNERS: PARCEL I NAME: Mark J. Schwene and Pamela S. Nagel -Schwene ncJltut PAgcFL Signal Landmark, a California Corporation, Successor by Merger to Signal Bolsa Corporation, a California Co oration ADDRESS: 4918 Shelburne Drive Executive Circle, Suite 250 Huntin ton Beach, CA 92649 Irvine, C 26-14 DAYTIME PHONE: 310) 606-9500 (Work) 714 846-0146 Home) 949 250-7700 (I/We) hereby certify that: 1) (I/am/We are) the record owner(s) of all parcels proposed for adjustment by this application: 2) (I/We) have knowledge of and consent to the filing of this application: and 3) The information submitted in connection with this application is true and correct: PARCEL,''A AJ A), Signature Sig e Name : Name : S 1i c t Sci d AY' Sqn I Ld,1 h1u, r U! lam" '-o T[ '&M -r/ Signature Name:^ rLT''A/ PARCEL Y- Signature Name:aymond J. Pac ni President and ( (r6 =P. r-ci% -0 6c--Ccvo Chief Executive Officer CITY OF HUNTINGTON BEACH Lot Line Adjustment L L0:2 - o-7 d10-UO/Y-01/a/I/IIa/I-11-01/JJs/zk/Im ReWc.A-2C= r;v Crr y rrG 2, %-r Cf{(?1 , •• CITY OF HUNTINGTON BEACH Lot Line Adjustment L L oz Nit • & • -••• STATE OF CALIFORNIA ) • • • • •*Ig 00 000SS :60 COUNTY OF ORANGE ON THIS Z` DAY OF Cr- O O X 2001, BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE, R PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY COMMISSION EXPIRES, - c .Z5I Zbo Ll OT RY PUBLIC IN AND F SAID STATE. t D e-sk",\vzsA PRINT NAME MY PRINCIPAL PLACE OF BUSINESS IS IN vcw e. COUNTY. **++++s+s+**s+++*ss ***+**+s*****++*******+**+*s**+*++*ssr++ DE131"JE SHIMIZU Ccrrtm;s.:°on 0127&410 Hatay PtbIc - Ccrrtana Cxge County WComm.F `-3sScp25.2004 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON THIS / 5 Tti DAY OF 1k Ir , 2004; BEFORE ME A:ZI ocL.lt r-, GRA kP1_tJs 4C{ZG-E LL- , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED tI.vt R-f GG.Ct uT 1 o AND A,-{Ro&A .S t.-A,J t , PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY COMMISSION EXPIRES 2 -- 2 -O S MY PRINCIPAL PLACE OF BUSINESS NOT ' Y PUBLIC IN A D FO SAID STATE. \1a.Jrti E E - G A 6%-pE "\)s E'E LEE PRINT NAME ISIN O\`t E-E COUNTY. MAR}GRIEF GRA11PRZP5 G Commission 9 1312159 Notary Pubr o - CaMorria Orange County My Comm. Ex es i 2 2005 z i m/tusn/ 10-0679-01 /I/llanotry/6-18-01 /j j s/zk •;.CITY OF HUNTINGT V BEAC.: Lot Line Adju trrtenf.' LLz CONTACT PERSON : Jose h'J. Suess c/o Huitt-Zollars Inc. ADDRESS: 430 Exchan e Suite 200 Irvine CA 92602-1309 DAYTIME PHONE: 714 734-5100 ro• • • .. . . ..•. THIS DOCUMENT CONSISTING of PAGES WAS PREPARED BY ME OR UNDER MY DIRECTION. 6-te%- .S. 6409 osep J. Sue s REGISTRAT N/LICENSE EXPIRES 12/31/02 EXAMINED AND APPROVED By: , R.C.E. 2892-1 22076 My Registration/License expires 9/0 e 4F Q/d i lct', G0 DATED THIS DAY OF , 2002 P CAUFO DATE FILED ZONE ZONING ADMINISTRATOR ACTION Date: 3- NANO `rGQNJ•SG A40 O a N O EX 12/31/02 r/10-0679-01/a/l/Ilapg2/7-11-01/ij s/zk/Im AZ 'P'6'C, -o C46101 CITY OF HUNTINGT.ON BEACI-J :': •': Lot Line Adjust nent '•' L L oz - o 7 . ..., LEGAL DESCRIPTION;, Existing Parcels Proposed Parcels Owners AP Numbers Reference Number Mark J. Schwene and 163-311-6 Parcel-J:A Pamela S. Na el-Schwene Signal Landmark,163-311-17 Parcel YV, rg a California Co oration r Parcel. (Adjusted) Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. A Adjusted Parcel, contains an area of 6503.56 square feet (0.149 acres), more or less. Parcel : (Adjusted) Lot C of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County together with that portion of Lot 16 of said map being described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. 10goV /o Ve 7 vof 07 Sheet 1 of 2 Sheets /& rcpt e=S dcvl SfF/E'/OGci r 'js do C r/10-0679-01 /a/UllalegaU7-11-01 /j j s/zk/1m •i CITY OF HUNTINGTON BEACH Lot Line Adjustme t LL •see LEGAL DESCRIPTION Existing Parcels Proposed Parcels Owners AP Numbers Reference Number Mark J. Schwene and 163-311-16 Parce Pamela S. Na el-Schwene Signal Landmark,163-311-17 Parcel (( a California Co oration Sheet 2 of 2 Sheets Adjusted ParceVk contains an area of 17169.88 square feet (0.394 acres), more or less. JOS H J. SUES , PL 6409 o k px-LANG e N JA SGF GG p O NN NO. 6409 0 IXP. 12/ /0 `0 *UcPj9,4-f 7 CF CAUFCE m/tusn/10-0679-01/Ullalegal/6-18-01/jjs/zk CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT L L 2002 - . ,•.: :' • •' : MAPX t(l •'•' • • OWNERS EXISTING PARCELS ' AP NUMBERS PROPOSED PARCELS • REFER NCE NUMBER MARK J. SCHWENE AND 163-311-16 :rc PAMELA S. NAGEL-SCHWENE .PA'RCt'4•ry",..• SIGNAL LANDMARK, A 163-311-17 I( cf CALIFORNIA CORPORA T/ON PARCEL f.Q C/L SHELBURNE DRIVE N8921 32 "W ' 12.60' (PRIVATE STREET) L OT P89.60 53.00' SEE DETAIL HEREON SCALE. l--50' LEGEND -------- LOT LINE TO BE REMOVED LOT LINE TO REMAIN c - ,( 3 36 o - NEW PARCEL LINE 4®`o --CITY COUNTY L/NITS `o i s-l W'L Y CORNER LOT 16 N89 2132 "W 142.60' _ 89.60'53.00'.9.00' 80.60' N038'28 E 2.27' o «6u PARCEL '4' SCALE.• 1 "=10' L-t JO EPH J. I SU S, L. S. 6409 LOT If It t ui PARCEL 4 0.149 AC. 62.00' N89 2132 "W LOT 15 122.85' PARCEL A 130.394 AC. 01 X260 2 - 62.00'x, G>Z Nom,-lt'G( GK'-c 00PARCEL S'' c- f tC 19O Nc 1bcV O 70\- Ip p . 't Coto \Q;%%NL LAN] syy% j. 'p 6, 6 DETAIL 6 o NO. 6409_, LXI'. 1 Z/S1 /U1) SITP 0F I G.• \ 10067901 \LLA \LL-067901.DWG 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT L L 2002 -• (SITE PLAN); OWNERS EXISTING PARCELS AP NUMBERS PROPOSED PARCELS • RFNCE NUMBER gee MARK J. SCHWENE AND 163-311-16 • PAMELA S. NAGEL-SCHWENE ; F'ARG'EL' 1 SIGNAL LANDMARK, A 163-311-17 CALIFORNIA CORPORA T/ON PARCEL A CIL SHELBURNE DRIVE B (PRI VA TE STREET) N _,,w-EXISTING CURB AND GUTTER _i --------------------` - -------- - --7 r--- ---------- `D a Opp `` ;LF` SCALE.. l' 50' (iNpl LAND v'p`'PN J. SGF GAL NO. 6409 ° EXP. 12/31/02 "4 re OF CAl\E OS H J. SUES , L.S. 6409 \ T EASEMENT N TES :yG EASEM 0 DONALD E GOODELL FOR POLE. C \LINES, UNDERGROUND PIPE LINES AND UTILITIES`?c CONDUITS PER BOOK 13818, PAGE 966 OF OFFICIAL \O RECORDS. BO EASEMENT TO THE CITY OF HUN77NGTON BEACH FOR PUBLIC UTILITY PURPOSES DEDICA TED ON TRACT NO. 15734. EASEMENT TO GTE CALIFORNIA FOR PUBLIC UTILITY AND \\% INC/DENTAL PURPOSES PER INSTRUMENT NO. 2000-0304779 O.R. OD EASEMENT TO SOUTHERN CALIFORNIA ED/SON FOR PUBLIC UTILITY AND INC/DENTAL PURPOSES PER INSTRUMENT NO. 2000-0454789 O.R. (SAID DOCUMENT INCLUDES 3' WIDE EASEMENT LOCATIONS BASED ON THE C/L OF THE INSTALLED FACILITIES IN THE SIDE YARDS OF LOT 16) PARCE 4;A X16 5' EXIS TING C HOUSE LOT 15 O-r\------ -- - ----------------- 7 \ \\C UNDE VEL OPED <c \ Q i PARCEL A UGT EXIST7NG HOUSE % G. \10067901 \LLA\SITEPLAN.DWG Z WHEN RECORDED MAIL TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 •' • • •_ Irvine, CA 92614 ' • ' ' .+• •+' SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ No consideration* *Deed given to clepl;Utle • • •• ' • after Lot LirV Adjustment • ; ....... Computed on the consideration or value of property conveyed: OR , • ; • : • : • ....... Computed on the consideration or value less liens or • • • • • Undersi ned encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to SIGNAL LANDMARK, a California Corporation, Successor by Merger to Signal Bolsa Corporation, a California Corporation the real roperty in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel Jj as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL d 1. - recorded 0 concurrently reyvith oWffiCia Records srf I ,,- /a1 'j j C •``F /e_,Parcels being described as follows: `olS, of Tract No. 15734 , in the City of Huntington Beach, County of Orange, State of California, as shown on>fPte map filed in Book 797, Pages 40 to 42 , inclusive of Miscellaneously ap n the office oLhe County Recorder. of said County-together with that portion o of 6 of said map being described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot thence North ° ' 8" East 2.27 feet along said Westerly line to the point of beginning. Dated STATE OF CALIFORNIA }SS. COUNTY OF 45V } /On/ d o d be-'- 2VZ rsonally ppeared / G V before me, (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) )are subscribed to the within instrument and acknowledged to me that -hefahe/they executed the same in his{h r/their authorized capacit%t(ies), and that by 4 isfherkheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h Signature d and official seal. MAIL T STATEMENTS TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 /4t/ /7;11x(% c7 Y1r%f T7ce'4 £ 'r'16' e,7 L Q!J/T GL Iy'E C a ;/ N4(. /4'+'e 9 /v'4c21c-' 2V4 ,dr,r MARK J. SCHWENE r '1.G1f('int PAMELA S. NAGEL-SCH E TABATHA BURRIS Commission # 1375245 z G ). Notary Public - California Orange County My Comm. Expires Sep 17, 2006 r/1 0-0679-01/a/l/quitclm /jjs/10-8-02/lm/zk WHEN RECORDED MAIL TO: 0 Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive Huntington Beach, CA 92649 • • •• •... DOCUMENTARY TRANSFER TAX $ No consideration* *Deed given tq clear title • • •' : • after Lot LineAdjuZtmer • ....... Computed on the consideration or value of property conveyed; OR ;.• • • ; . . •' ....... Computed on the consideration or value less liens or • • ••• • Undersi ned encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel.tf as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL 2 - recorded (7>ncurre ly herewith of Official Records. Parcel4'I being described as follows: Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0038'28" East 2.27 feet along said Westerly line to the point of beginning. Dated 4 /5 } STATE OF CALIF NIA }SS. COUNY OF )/6hOnG d 2' b f re me, onally apppeared r (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Zre subscribed to the within instrument and acknowledged to me that +efshre/they executed the same in his/her/their authorized capacit(ies), and that by .h4&her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. - ftVAUI. PAMELA S. NAGEL-SCHWE WITNESS my h nd and official seal. Signature 4 MAIL T STATEMENTS TO: Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive Huntington Beach, CA 92649 fABAfHA BURRISCommission # 1375245ZNotary Public -CaliforniaOra ha 444-12.1 MARK J. SCHWENE SPACE ABOVE THIS LINE FOR RECORDER'S USE nge County My Comm. Fires Sep17.:M r/ 10-0679-01 /a/Uqui tclm 1 /j j s/ 10-8-02/lm/zk PLANNING DEPARTMENT DEVELOPMENT REVIEW REQUEST JS TO: Tern Elliott, Public Works Ger g, But mg FROM: RAMI TALLEH PC Matt McGrath, Fire Ext: 1682 DATE: NOVEMBER 18, 2002 ZA DRB Q STAFF PETITION(S): Lot Line Adjustment No. 02-07 (Schwene Property) REQUEST(S): LOCATION: ZONE: To adjust two parcels by moving a property lot at the Northwest corner of parcel one. 4918 Shelburne Drive (South Side of Shelburne; Terminus of Bolsa Chica Street) RL-CZ (Low Density Residential- Coastal Zone) GENERAL PLAN: RL (Residential Low Density) EXISTING USE:Single Family Dwelling Please submit your concerns and recommended changes or conditions in writing on or before December 9, 2002 COMMENTS: (Use attachments or back side of sheet if necessary) RESPONSE BY: `) Extension / 5-3 Attachments: 1. Maps 2. Narrati G:\TALLEH\2002\Zoning Administrator\16681 Carousel\16681 DRR.doc HUtrr-zoLaRs HUITT-ZOLLARS, INC. • 430 Exchange • Suite 200 • Irvine, CA 92602-1315.714 .734.5100 phone • 714.734.5155 fax • huitt-zollars.com Letter of Transmittal TRANSMITTED VIA: FEDERAL EXPRESS TO: AVA DAVIS LITTON LOAN SERVICES 4828 LOOP CENTER DRIVE HOUSTON, TX 77081 HZI PROJECT NO.: 10-1069-01 PROJECT DESCRIPTION : LL 02 -7 (SANDOVER LLA) ENCLOSURES: CHICAGO TITLE PRELIMINARY TITLE REPORT (ORDER #48531548-S03) COMMENTS : FOR YOUR USE ON THE JOB FROM: PATRICK McNALLY CC: JULIE SHATNEY, HEARTHSIDE HOMES (W/ATT.) RAMI TALLEH, CITY OF HUNTINGTON BEACH, (W/ATT.) MCR DATE : 3-19-2004 1 m/std-docs/Tmaster/10-15-01/zk -----Original Message----- From: McNally, Patrick Sent : Friday, March 19, 2004 11:19 AM To: ava.davis@litton.c-bass.com; 'hartley@ctt.com' Cc: 'Julie Shatney'; Gillen, Jim Subject: Lot Line Adjustment 02-07 in the City of Huntington Beach (Schwene property). Ava and all, I have a further update on Lot Line Adjustment 02-07 in the City of Huntington Beach (Schwene property). Part of Litton Loan Services request to executing a Modification to Deed of Trust (changing the legal description of the Schwene's property), was that Litton Loan Services would need the title company to give confirmation that they will give an endorsement to the Modification. After talking with Ron Gomez from First American Title (from whom I had received some preliminary title reports), Ron told me that Chicago Title was actually providing the title insurance for the property. I contacted Chicago Title and talked to Howard Hayslett, from residential subdivisions, and explained my situation. Mr. Hazlett told me that Chicago Title would endorse the modification (provided he received all materials) and transferred me to Patty Hartley, Chicago Title officer. Ms. Hartley then issued an updated Preliminary Title Report (new Order No. 48531548-S03) to me. I am over-nighting a copy of said PTR to Ava Davis at Litton Loan Services for her records. Please let me know if there are any questions, or anybody needs else needs a copy of the Chicago Title Preliminary Title Report Patrick McNally, PLS 430 Exchange, Suite 200 Irvine, CA 92602-1315 (714) 734-5100 (714) 734-5155 FAX • CHICAGO TITLE COMPANY Date: March 16, 2004 PAT MCNALLY HUITT-ZOLLARS 430 EXCHANGE #200 IRVINE, CA 92602 Order No.: 48531548 - S03 Property: 4918 SHELBURNE DRIVE, HINTINGTON BEACH, CA RE: • In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith our Preliminary Report for your review. Should you have any questions in connection with this or any other matter concerning the above referenced order, please do not hesitate to contact our office. Thank you for choosing Chicago Title Company. Title Department: CHICAGO TITLE COMPANY 16969 VON KARMAN IRVINE, CA 92606 (949)263-4014 fax: (949)263-0954 Patty Hartley TITLE OFFICER DIPEL -09/1e/97bk , i,, • CHICAGO TITLE COMPANY • PRELIMINARY REPORT Dated as of: March 4, 2004 at 7:30 AM Order No.: 48531548 - S03 Regarding: 4918 SHELBURNE DRIVE HINTINGTON BEACH, CA CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, Insuring against loss which may be sustained by. reason of any defect, lien or encumbrance, not shown or referred to as an Exceptlon.in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth In the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set=forth In the. attached list of this report carefully. The-exceptions and exclusions ,are meant to provide you with notice of, matters _ which are not covered under the terms of title Insurance policy -and should be carefully considered . It Is important to- note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED The form of policy of title Insurance contemplated by this report is: ALTA HOMEOWNER'S POLICY OFTITLE INSURANCE (11 /98) Visit Us On The Web: westemdivislon. W. com Title Department: CHICAGO TITLE COMPANY 16969 VON KARMAN IRVINE, CA 92606 (949)263-4014 fax: (949)263-0954 Patty Hartley TITLE OFFICER PFP -08/05/99bk • SCHEDULE A • Order No: 48531548 S03 Your Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL 1; AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 AND 3 2. Title to said estate or interest at the date hereof is vested in: MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE, HUSBAND AND WIFE, AS COMMUNITY PROPERTY 3. The land referred to in this report is situated in the State of California, County of ORANGE and is described as follows: SEE ATTACHED DESCRIPTION PREA -10/31/97bk Page 1 Order No. 48531548 PARCEL 1: DESCRIPTION LOT 16 OF TRACT NO. 15734 , AS PER MAP RECORDED IN BOOK 797 PAGES 40 THROUGH 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY , CALIFORNIA. FURTHER RESERVING UNTO GRANTOR HEREIN, ITS SUCCESSORS AND ASSIGNS , TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER ALL OF A PORTION OF SAME, EXCEPT AS GRANTED HEREBY , EASEMENTS AND RIGHTS AS RESERVED BY GRANTOR AS DECLARANT AND OWNER IN THE DECLARATION REFERRED TO BELOW. PARCEL 2: A NONEXCLUSIVE EASEMENT ON AND OVER THE COMMON AREA DEFINED IN THE DECLARATION REFERRED TO BELOW, FOR ACCESS, USE , ENJOYMENT , INGRESS AND EGRESS TO THE AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION . THIS EASEMENT IS APPURTENNT TO PARCEL 1 ABOVE. PARCEL 3: EASEMENTS FOR ENCROACHMENT, MAINTENANCE , REPAIR, DRAINAGE , ACCESS, INGRESS, EGRESS, USE AND ENJOYMENT AS SAID EASEMENTS ARE SET FORTH IN THE DECLARATION 0 SCHEDULE B Page 1 Order No: 48531548 S03 Your Ref: 0 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2004-2005 THAT ARE A LIEN NOT YET DUE. 2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2003-2004 1ST INSTALLMENT: $4,478.42 (PAID) 2ND INSTALLMENT: $4,478.42 PENALTY AND COST: $457.84 (DUE AFTER APRIL 10) HOMEOWNERS EXEMPTION: $NONE SHOWN CODE AREA: 04007 ASSESSMENT NO: 163-311-16 c 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. D 4. COVENANTS, CONDITIONS AND RESTRICTIONS, IF ANY, APPEARING IN THE PUBLIC RECORDS. H 5. ANY EASEMENTS OR SERVITUDES APPEARING IN THE PUBLIC RECORDS. F 6. ANY LEASE, GRANT, EXCEPTION OR RESERVATION OF MINERALS OR MINERAL RIGHTS, IF ANY, APPEARING IN THE PUBLIC RECORDS. 7. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. ,x 8. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN $770,000.00 MAY 14, 2003 MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE, HUSBAND AND WIFE, AS COMMUNITY PROPERTY KAREN H. CORNELL, ESQ. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MAY 20, 2003 AS INSTRUMENT NO. 2003000581300 OF OFFICIAL RECORDS PREB -10/31/87bk Page 2 0 SCHEDULE B (continued) Order No: 48531548 S03 NUMBER: r END OF SCHEDULE B 0036330538 Your Ref: is s NOTE NO. 1: THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN TWENTYFOUR (24) MONTHS OF THE DATE OF THIS REPORT. x Note No. 2: If the Title Policy contemplated by this order is for the purpose of insuring a new loan given for the sole purpose of revamping or replacing an insured loan, the charge for a Lender's Policy of Title Insurance, when issued through this title order, will be based upon the following revamping or replacing rate: 60% of Insurance Table "R" if new coverage is an ALTA Form, same borrower and same property within 2 years of being insured. MINIMUM $415. Short Term Rate is not applicable. L NOTE NO. 3: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS'•WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS.-FILE.) - M NOTE NO. 4: IF THIS COMPANY IS REQUESTED-TO DISBURSE-FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1985 MANDATES-HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY APPROVAL), THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION. WIRE TRANSFERS PREUMBG9 /23/93bk Page 3 Order No: 48531548 S03 SCHEDULE B (continued) Your Ref; 0 THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY. CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE-OUT) ONLY COLLECTED FUNDS OR FUNDS RECEIVED BY CONFIRMED WIRE (WIRE-IN). THE FEE FOR EACH WIRE-OUT IS $25.00. THE COMPANY'S WIRE-IN INSTRUCTIONS ARE: WIRE -IN INSTRUCTIONS:: BANK:COMERICA BANK 9920 S. LA CIENEGA BOULEVARD INGLEWOOD, CA 90301-4423 BANK ABA: 121137522 ACCOUNT NAME: CHICAGO TITLE COMPANY ORANGE MARKET CENTER ACCOUNT NO.: 1891963942 FOR CREDIT TO: CHICAGO TITLE COMPANY 16969 VON KARMAN IRVINE, CA 92606 FURTHER CREDIT TO: ORDER NO.: 048531548 N NOTE NO. 5: NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORMS 100 AND 103.1A TO AN ALTA LOAN POLICY, WHEN ISSUED. o NOTE NO. 6: THERE IS LOCATED ON SAID LAND SINGLE FAMILY RESIDENCE KNOWN AS: 4918 SHELBURNE DRIVE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA B SA-T CHICAGO TITLE INSURANCE COMPANY Fidelit National Financial Grou of Com n€es' Privac Statement July 1, 2001 We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed , will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business , we may collect Personal information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our Internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding The Protection Of The Confidentiality Arid Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies , agents, and other real estate-, settlement service providers. 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Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Multiple Products or Services: If we provide you with more than one financial product or se rvice, you may receive more than one privacy notice from us. We apologize for any Inconvenience this may cause you. PRNACYr -10/21 /03 AA 0 S Pirnuv ? WOWars *, M raSCOW !VIA 9 *t 0 fonttarnartoro r.A LOS PAWS IAtlr41 t tAAOSG/!Y AYELm ' b awr tot A t 9 JbAC I 'This plat IS IV,yww t94 di A"'M -i ;'Y-'L 4` .r.d, +trs++ is stred$ and atl,ar pmalola. it fs n ; a WJM 7.m pint 1s beleved to b. +rNtt t, Ma r 1' Ilabtllbyl foe any ioeS oaaxrk °J by MWOKMat m ire 0*4r , CH!C.AGOTm r WSWIPMA-v J . 4 1, W. 0 Q (DI © O SM 6G1g9E" 1311 1 11o-01 1,=100' 163- 31 • Fxtr,rt Sr,ttr JMU+wr lx,MCI M7. 137.N M.M. 797-40 to 42 inc.NOtT - ASSESSOR'$ BLOCK S PARCEL ~ENS SHORN IN CIRCLES ASSESSOR'S MAP BOOR 163 PACE 31 COUNtY OIL ORANGE 0 HUtTT7 sJLLARS <<AR 6- 3 , HUITT-ZOLLARS, INC. • 430 Exchange • Suite 200 • Irvine, CA 92602-1315.714.734.5100 phone • 714.734.5155 fax • huitt-zollars.com Letter of Transmittal TRANSMITTED VIA: MAIL TO: JULIE SHATNEY HEARTHSIDE HOMES, INC. 6 EXECUTIVE CIRCLE, SUITE 250 IRVINE, CA 92614 HZI PROJECT NO.: 10-0679-01 DATE: 3-01-2004 PROJECT DESCRIPTION : SANDOVER LLA (CITY OF HUNTINGTON BEACH LL 02-07) ENCLOSURES: - CORRESPONDENCE WITH LITTON LOAN SERVICES IN RE: CITY OF HUNTINGTON BEACH LL 02-07 1 TRANSMITTAL OF FORWARDED MATERIALS 1 COMMENTS : FOR YOUR FILES FROM: PATRICK McNALLY CC: RAMI TALLEH, CITY OF HUNTINGTON BEACH, PLANNING DEPT. (W/ATT.) MCR m/std-docs 1Tmaster/10-15-01/zk • HUIIHZOLLARS HUITT-ZOLLARS, INC. - 430 Exchange • Suite 200 • Irvine, CA 92602-1315.714.734.5100 phone - 714.734.5155 fax • huitt-zollars.com Letter of Transmittal TRANSMITTED VIA: FEDERAL EXPRESS TO: AVA DAVIS LITTON LOAN SERVICES 4828 LOOP CENTER DRIVE HOUSTON, TX 77081 DATE: 2-24-2004 HZI PROJECT NO.: 10-1069-01 PROJECT DESCRIPTION : SANDOVER LLA ENCLOSURES: DEED OF TRUST (INST. NO. 2003000581300 O.R.) 1 PRELIMINARY TITLE REPORT (#OR-2125201) 1 PRELIMINARY LOT LINE ADJUSTMENT (LL 02-07) 1 PROPOSED MODIFICATION TO DEED OF TRUST 1 CITY OF HUNTINGTON BEACH - NOTICE OF FILING STATUS 1 COMMENTS: FOR YOUR REVIEW IN REGARDS TO LITTON LOAN SERVICES LOAN #11506086 FROM : PATRICK McNALLY CC: JIM GILLEN, HUITT-ZOLLARS JAMES GARVIN, HUITT-ZOLLARS MCR m1std-docs/Tmaster/10-15-01 /zk HUITTZOLIARS HUITT-ZOLLARS, INC. r 430 Exchange • Suite 200 1 Irvine, CA 92602-1315 r 714.734.5100 phone s 714.734 5155 fax r huitt-zollars com,4/)`r ' - February 24, 2004. Ms. Ava Davis Litton Loan Services 4828 Loop Central Drive Houston, TX 77081 RE: Litton Loan Services Loan No. 11506086 HZI Project No. 10-0679-01 Dear Ms. Davis: Thank you very much for your offer of assistance in completing my subdivision work. As we talked about on the telephone this morning, we are filing a Lot Line Adjustment on a property that Litton Loan Services holds a mortgage on. This will affect the legal description of said property, and I need to execute a Modification to Deed of Trust to complete our Lot Line Adjustment filing with the City of Huntington Beach, California. I am sending to you: 1. Copy of the original Deed of Trust (Instrument No. 2003000581300, O.R., dated May 20, 2003) to Mark and Pamela Schwene. 2. First American Title Company Preliminary Title Report (OR-2125201 dated September 25, 2003). 3. Copy of pending Lot Line Adjustment 02-07, with the City of Huntington Beach. 4. Copy of Filing Status with the City of Huntington Beach. 5. Proposed Modification to Deed of Trust. The legal description of the Schwene property will change from: "Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County." Ms. Ava Davis HZI Project No. 10-0679-01 February 24, 2004 Page 2 To: "Parcel A of Lot Line Adjustment LL 02-07, in the City of Huntington Beach, County of Orange, State of California, as shown on Exhibit B attached to that certain document recorded on ,2004 as Instrument No. 2004000 of Official Records of said County." Please let me know if there is anything else you need. Sincerely yours, HU ZOLLARS INC. Pa 'ck McNally M/zk Enclosures cc: Jim Garvin, Huitt-Zollars r/1 0-0679-01 /a/let/hpm/davis/zk HUtrrzoL ARs HUITT-ZOLLARS, INC. • 430 Exchange • Suite 200 • Irvine, CA 92602-1309.714.734.5100 phone • 714.734.5155 fax • huitt-zollars.com Letter of Transmittal TRANSMITTED VIA: H-Z EMPLOYEE-JRD TO: CITY OF HUNTINGTON BEACH PLANNING DEPARTMENT 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 DATE: 11-04-02 HZI PROJECT NO.: 10-0679-01 PROJECT DESCRIPTION : SANDOVER LOT LINE ENCLOSURES: SUBDIVISION APPLICATION (SIGNED ORIGINAL)1 LOT LINE ADJUSTMENT (COPIES)6 QUITCLAIM DEED(S) (COPIES)6 TRAVERSE CLOSURES 2 PRELIMINARY REPORTS OR-2125149 AND 2125201 2 EACH TRACT NO. 15734 2 SETS SIGNAL LANDMARK CHECK NO. 2596 IN THE AMOUNT OF $270,00 1 GRANT DEED INST. NO. 20010263962 O.R.1 FROM : JO SUESS CC: IE SHATNEY, HEARTHSIDE HOMES OGER REIMER, FIRST AMERICAN TITLE INSURANCE COMPANY MCR m/std-docs/Tmaster/10-15-01 /zk 06/19/O1 09:00 FAX 7148004965 Q002 -07 Reco Qi Rrna+COrPYI 'prr' Recorded in Official Records,County of Orange RECORDING REQUESTED BY:Ga L. Granville , Clerk Recorder WHEN RECORDED RETURN TO: Hr. snd Mrs, Mark Schwene 49 L8 Shelburne Huntington Beach, CA 92649 (PHASE 21 983442-VR eoinumageiiiummuiimwwmwm iz.ou 20p0,z70263962 02 :56pm 0427 /0 1 113 18 G 4 461.45 461-45 0.00 0.00 6.00 0.00 0.00 0.00 RJO - A o Space Above This Lino for Recorder', Uao UMENTARY TRANSFER TAX • 3 / Computed on the consideration or value of property conveyed: OR The Un I ed Grantor Computed an the consideration or value lass Ilona or 91gn•turo of Deel•,enr or Aeen% Dasnrm'vrng Tax - encumbranccs remaining at Umc Ds sale Firm Nine GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged , SIGNAL LANDMARK, a California corporation, hereby grants to amp-la S. Nagel-Ss rene ulafollowing rea prope y in t e ity of untington Beach, County of Orange, State of California,as described in Exhibit 'A" att ached hereto and incorporated herein by this reference. Dated NOVEMI. 7, 2000 SIGNAL LANDMARK, a California corporation By LJi Its By •••••• MAIL TAX STATEMENTS TO: SAmz AS ABOVE •••••• •••• • • • •• • E:\uner3\9jo11and\DOCS\signa1 1and:mrk.do r. RCv. 6/2Z/700 o 06/1,9/01 09:00 FAX 7148004965 X1003 • STATE OF CALIFORNIA COUNTY OF ORANGE On 1 1 20 00 , before me, the undersigned Notary Public, personally appeared I I personally known to me OR I I proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed 'the same in his/her/their a uthorized capacity (ies), and that by his/her/their signature (s) on the instrument , the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal- N ary Public 1 ...... .... Fa\RSAL\G22 \30G15009 \5a?MPlegdpgl.doc Rev, 6/22/2000 06/19 /01 09:01 FAX 7148004965 Goverment Codc 27361.7 1 cctdfy under in penalty of pcrjucy That tha nomtY snal on this document reads as follows: Name of Notary:M. RANNAA Dote Commission Expires: 23 2004 County when : Bond is Filed: OR NGfi C.omnussion No.: 1251238 Manufacturer/Vandnr NO.I 1 Placc of c ution - San Date- April 20, 2001 F AMF.RJCAN TITLE COMPANY [a 004 • • ••••.• •.•••• as • •• 0 00 06/19 /01 09 :01 FAX 7148004965 Q 005 EXHIBIT "A" That certain real property located in the City of Huntington Beach , County of Orange, State of Californ ia, described as follows: P CEL 1: Lot 16 of Tract No. 15734 , as per map recorded in Book 797 , Pages 40 through 42 of Miscellaneous Maps, Flecords of Orange County, California. RESERVING UNTO GRANTOR, its successors and assigns , together with the right to grant and transfer all or a po rt ion of the some, all oil, oil rights , minerals, mineral rights , natural gas , natural gas rights , and oth er hydrocarbons by whatsoever name known , geothermal steam ana all products cLerlved from any of the foregoing, that may be within or under the parcel of land hereinabove described , together with the perpetual right of drilling, mining , exploring and operating therefor and storing in and removing the same from said land or any other land. including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells , tunnels and shafts into , th rough or across the subsurface of the land hereinabove described, and to bott om such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits ihersof , and to redrill, rotunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however , the right to drill, mine, store, explore and operate through the surface or the upper 500 fact of the subsu rf ace of the land hereinabove described. FURTHER RESERVING UNTO*GRANTOH HEREIN, ITS SUCCESSORS AND ASSIGNS , TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF SAME , except as granted hereby, easements and rights as reserved by Grantor as Declarant and Owner in the Declaration referred to below. PARCEL 2: A nonexclusive easement on and over the Common Area defined in the Declaration referred to below , for access, use, enjoyment , ingress and egress to the amenities located thereon , subject to the terms and provisions of the Declaration . This easement is appurtenant to PARCEL 1 above. pARC h; Easements for encroachment , maintenance , repair, drainage, access , Ingress , egress, use and enjoyment as said easements are set forth in the Declaration. SUBJECT TO! 1. Current nondelinquent real property taxes and all nondelinquent unpaid gerteraI and special assesMrTt'. 2. That certain Declaration of Covenants , Conditions and Restrictions for Sandover Community Asgpciatjon recorded, September 11, 2000 as Instrument No. 20000471428 , of Official Records t •Oange v Mtc, California , and that ce rt ain Supplementary Declaration of Covenants , Conditions and•Paattictions anti Notice of Annexation recorded September 22, 2000 as Instrument No. 20000498850, both of 41f4idal Records of Orange County, California , and any amendments thereto (coilcctively the "Declaration "), andtlfe c weneir!'?!anditions, restrictions , easements , reservations , dedications , rights , benefits and burdens therelrtppptained , b`atft and all of which are hereby expressly incorporated herein by reference as though set out hetGin iji•full. :"' 3. All other covenants , conditions , restrictions , reservations , rights, rights -of-way, easementjs of rcadApandfor apparent. • • •••••• •••• •.•• •••• • •• r:\uaere \ajelIand \DOcS\s1513a.z.co r. (u:v. 7/13/2000 Lot name: 16-15734 North: 571839.7155 East: 1455306.5529 Line Course: S 00-38-28 W Length: 105.00 North: 571734.7221 East: 1455305.3781 Line Course: N 89-21-32 W Length: 62.00 North: 571735.4158 East: 1455243.3820 Line Course: N 00-38-28 E Length: 105.00 North: 571840.4092 East: 1455244.5568 Line Course: S 89-21-32 E Length: 62.00 North: 571839.7155 East: 1455306.5529 Perimeter: 334.00 Area: 6,510 sq.ft. 0.15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 00-00-00 W Error North: -0.00000 East: 0.00000 Precision 1: 334,000,000.00 • • •••••• •••••••••••• ------------------------------------ •••••••••• Lot name: C-15734 ••" North: 566400.9693 East: 1458160.0437 • • ••" Line Course: N 34-02-08 W Length: 360.34 • • North: 566699.5796 East: 1457958.3587 •••••• ••" Line Course: S 89-21-32 E Length: 80.60 •••• North: 566698.6778 East: 1458038.9537 " • Line Course: S 00-38-28 W Length: 105.00 ' •• North: 566593.6844 East: 1458037.7788 Line Course: S 89-21-32 E Length: 122.85 North: 566592.3098 East: 1458160.6211 Line Course: S 00-10-29 W Length: 191.34 North: 566400.9706 East: 1458160.0376 Perimeter: 860.13 Area: 17,163 sq.ft. 0.39 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0062 Course: N 77-45-01 W Error North: 0.00131 East: -0.00601 Precision 1: 139,829.23 Lot name: LLAAREA North: 566634.3630 East: 1455129.7886 Line Course: S 89-21-32 E Length: 9.00 North: 566634.2623 East: 1455138.7880 Curve Length: 9.38 Radius: 19.00 Delta: 28-16-26 Tangent: 4.79 Chord: 9.28 Course: S 76-30-15 W Course In: S 00-38-28 W Course Out: N 27-37-58 W RP North: 566615.2635 East: 1455138.5754 End North: 566632.0963 East: 1455129.7631 Line Course: N 00-38-28 E Length: 2.27 North: 566634.3662 East: 1455129.7885 Perimeter: 20.64 Area: 7 sq.ft. 0.00 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0032 Course: N 00-16-59 W Error North: 0.00317 East: -0.00002 Precision 1: 6,507.19 Lot name: PCL 1 North: 566529.3666 East: 1455128.6137 Line Course: N 00-38-28 E Length: 102.74 North: 566632.1001 East: 1455129.7633 Curve Length: 9.38 Radius: 19.00 Delta: 28-16-26 Tangent: 4.79 Chord: 9 .28 Course: N 76-30-15 E Course In: S 27-37-58 E Course Out: N 00-38-28 E RP North: 566615.2673 East: 1455138.5756 End North: 566634.2661 East: 1455138.7882 Line Course: S 89-21-32 E Length: 53.00 North: 566633.6731 East: 1455191.7848 • • •....•11 • • 606060 ••••.• • •So 11 & sees**0*00. • '• . ••..."• ••••Line Course: S 00-38-28 W Length: 105.00 • • North: 566528.6797 East: 1455190.6100 • Line Course: N 89-21-32 W Length: 62.00 •••••• ••••'. North: 566529.3734 East: 1455128.6138 '.•••• •••' Perimeter: 332.12 Area: 6,504 sq.ft. 0.15 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0068 Course: N 01-04-14 E Error North: 0.00683 East: 0.00013 Precision 1: 48,646.66 Lot name: PCL A North: 566635.2648 East: 1455049.1943 Line Course:S 89-21-32 E Length: 89.60 North:566634.2622 East:1455138.7887 Curve Length:9.38 Radius:19.00 Delta:28-16-26 Tangent:4.79 Chord:9.28 Course:S 76-30-15 W Course In:S 00-38-28 W Course Out:N 27-37-58 W RP North:566615.2634 East:1455138.5761 End North:566632.0963 East:1455129.7638 Line Course:S 00-38-28 W Length: 102.74 North:566529.3627 East:1455128.6142 Line Course:S 89-21-32 E Length: 122.85 North:566527.9881 East:1455251.4565 Line Course :S 00-10 -29 W Length : 191.34 North :566336.6490 East:1455250.8730 Line Course:N 34-02-08 W Length : 360.34 North :566635.2593 East :1455049.1881 Perimeter : 876.24 Area: 17,170 sq.ft . 0.39 acres Mapcheck Closure - (Uses listed courses, radii , and deltas) Error Closure :0.0083 Course : S 48-02-01 W Error North :-0.00552 East : -0.00614 Precision 1: 106,132.32 11 11 •••••• 99066!6*9966 • • • *90 • .. .. . . . . . . . . . . . . . . . . . . . . . . ... . . . ... ... . . . ... Mail recorded copies to: CITY OF HUNTINGTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT 2000 Main Street Huntington Beach, CA 92648 above reserved for County Recorder's use CITY OF HUNTINGTON BEACH J .J At Lot Line Adjustment HUNTINGTON BEACH RECORD OWNERS: L L PARCEL 1 PARCEL A NAME:Mark J. Schwene and Pamela S. Nagel-Schwene Signal Landmark, a California Corporation, Successor by Merger to Signal Bolsa Corporation, a California Co oration ADDRESS: DAYTIME 4918 Shelburne Drive Huntin on Beach, CA 92649 6 Executive Circle, Suite 250 Irvine, CA 92614 PHONE: 310 606-9500 ork 949 250-7700 714 846-0146 ome (IfWe) hereby certify that: 1) (1/dm/We are) the record owner(s) of all parcels proposed for adjustment by this application: 2) (I/We) have knowledge of and consent to the filing of this application: and 3) The information submitted in connection with this application is true and correct: PARCEL I PARCEL A Signature Name: Signature Name: r/10-0679-01/a/I/lla/7-11-01/j js/zk/Im Si e Name: 6. Sci AV .Siq'fi,zw Signatur Name:aymond J . Pacini President and Chief Executive Officer CITY%F HUNTINGTON BEACH Lot Line Adjustment L L . . . . . . . . . . . . . . . .. • . . . ... ... . . . ... STATE OF CALIFORNIA ) " "' ' "000 ) SS ... . COUNTY OF ORANGE ) • • 0 ON THIS 2-4 DAY OF Or, 2004 BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE, R PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY COMMISSION EXPIRES . 2-S, 2-6 OT Y PUBLIC IN AND F SAID STATE. bbje.2 k \ PRINT NAME DEBBIE SHIMIZU Commission # 1278410 NotQy Public - Cfllfo ria Onmtge County My Carom . BpkM Sep 2S, 2104 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON THIS 15 TA DAY OF LA,L 200; BEFORE ME A" 044-C. G -A tk t s -PE'2G-E L. A NOTARY PUBLIC IN AND FOR SAID STATE, PER$ONALLY APPEARED ANLPLA G • S CI uT T O AND A H toN Ls -3• v 0 PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY COMMISSION EXPIRES 'R - 2 " 05 o F .MY PRINCIPAL PLACE OF BUSINESS NOT Y PUBLIC IN D FO IS IN O' -A N 6-E COUNTY. SAID STATE. M1fZJo2.l E E . q E Ns PE 1E M EEGR&PDCPE dGa Commission # 1312159 PRINT NAME I Notary Pubic - CoGfomia§Orange County My Comm. Eii-es Aug 2 20Q5 MY PRINCIPAL PLACE OF BUSINESS IS IN i' c,, COUNTY. m/tusn/10-0679-01Mlanotry/6-18-01/j js/zk CITY OF HUNTINGTO BBAC I.... •': . . . . ... . . .Lot Line Adjust-Meit '•' %• L L CONTACT PERSON: Jose h J. Suess c/o Huitt-Zollars Inc. ADDRESS: 430 Exchan e Suite 200 Irvine CA 92602-1309 DAYTIME PHONE: 714 734-5100 THIS DOCU MENT CONSISTING of PAGES WAS PREPARED BY ME OR UNDER MY DIRECTION. osep J. Sue s 6 Ge%.5. 6409 REGISTRA N/LICENSE EXPIRES 12/31/02 EXAMINED AND APPROVED By: Robert E. Eichblatt, R.C.E. 20921 City Engineer My Registration/License expires 9/30/05 DATED THIS DAY OF DATE FILED r/10-0679-01/a/I/llapg2/7-11-01/jjs/zk/Im ZONE 2002 APL LANG O NN w NO. 6409 0 °- IXP 12/31/02 1P CF CALIFC ZONING ADMINISTRATOR ACTION Date: CITY OF HUNTINGTQN•BE,t4CH.. S •': . . . . ... . . .Lot Line Adjustmea s•• L L LEGAL DESCRIPTION . • Existing Parcels Proposed Parcels Owners AP Numbers Reference Number Mark J. Schwene and 163-311-6 Parcel 1 Pamela S. Na el-Schwene Signal Landmark,163-311-17 Parcel A a California Co oration Sheet 1 of 2 Sheets Parcel 1: (Adjusted) Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. Adjusted Parcel 1 contains an area of 6503.56 square feet (0.149 acres), more or less. Parcel A: (Adjusted) Lot C of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County together with that portion of Lot 16 of said map being described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. r/10-0679-01/aMlalegal/7-11-01/j js/zk/Im 0 0 CITY OF HUNTINGTON BEACH Lot Line Adjustment . . . . . . . . . . . . . . . . . . .L L LEGAL DESCRIPTION ..... .... Existing Parcels Proposed Parcels Owners AP Numbers Reference Number Mark J. Schwene and 163-311-16 Parcel 1 Pamela S. Na el-Schwene Signal Landmark,163-311-17 Parcel A a California Co oration Sheet 2 of 2 Sheets Adjusted Parcel A contains an area of 17169.88 square feet (0.394 acres), more or less. JOS H J. SUES , PL 6409 p,1. LA NO sG s5` y 1H J. k1o'O NNmGtYNO. 6409 0OnIXP. 12/31/02 eo,CALV ° m/tusn/ 10-0679-01 Mlale gaL6-18-01 /j j s/zk CIT OF HUNTINGTON BEA LOT LINE ADJUSTMENT OWNERS LL2002- . . ..... .. . . . . . . . . .MAP EXISTING PARCELS PROPOSED PARCELS AP NUMBERS fREF4FI?ENCE NUMBER MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE 163-311-16 SIGNAL LANDMARK, A CALIFORNIA CORPORA 77ON 163-311-17 '•• •• •,PVCEF ; . . ... . .. PARCEL A CIL SHELBURNE DRIVE N N89 2132 "W 1-42.60' 89.60' SEE DETAIL HEREON 1' (PRIVATE STREET) B.GD9' lc 53.00' C I aLOT 1l6 PARCEL 1 =W 'r SCALE- 1 "=50' LEGEND -------- LOT LINE TO BE REMOVED LOT LINE TO REMAIN NEW PARCEL LINE ---CITY/COUNTY LIMITS ® 62.00' N89 2132"W ........ 122.85' W'LY CORNER LOT 16 N89 21 '32"W 142.60' 89.60'9.00' -----80.60' NO :38'28"E 2.27' 53.00'- 62.00' - \\W PARCEL 1 op0( ryo . 70\- o p . iz -G PARCEL A z o a DETAIL SCALE. l--10' Gt:/1J JO EP J. SU S, L.S. 6409 PARCEL A a394 AC.s `'y\ Qk j J. SGF c rn aW N0 O NO. 6409 EXP. 12/31/02 slFf OF G.\ 10067901 \LLA \LL_067901.DWG CIT OF HUNTINGTON BEA LOT LINE ADJUSTMENT OWNERS LL2002- (SITE PLAN) MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE SIGNAL LANDMARK, A CALIFORNIA CORPORA 77ON B PARCEL A CIL SHELBURNE DRIVE NZo . ..... PROPOSED PARCELS ... .REFERENCE NUMBER 00 : (PRI VA TE STREET)L4D` 1 P EXIS17NG CURB AND GUTTER -------- - -- -- -------------- D 71% `\ GZa00 EXIST7NG HOUSE PARCE 1 LOT is SCALE: 1"=50' \qSNpL LA4,0 ck:NO. 6409 ° EXP. 12/31/02 sr rE OF CA1.\10 \I L------------0 OS H J. EASEME T N TES EXISTING PARCELS AP NUMBERS 163-311-16 163-311-17 EXISTING C HOUSE I . LOT is ------ -- - ----------------- OZ C UES , L.S. 6409 UNDEVELOPED PARCEL A \`O \ yG `Z\AOEASEM 0 DONALD E. GOODELL FOR POLE C LINES, UNDERGROUND PIPE LINES AND U77LI77ES \ O CONDUI7S PER BOOK 13818, PAGE 966 OF OFFICIAL o RECORDS. BO EASEMENT TO THE CITY OF HUN77NGTON BEACH FOR `\cy PUBLIC U77LITY PURPOSES DEDICATED ON TRACT NO. \ 15734. 0 \\ OC EASEMENT TO GTE' CALIFORNIA FOR PUBLIC U77LITY AND \`\INCIDENTAL -PURPOSES PER INSTRUMENT NO. 2000-0304779 O.R. DO EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR PUBLIC U77LITY AND INCIDENTAL PURPOSES PER INSTRUMENT NO. 2000-0454789 O.R. (SAID DOCUMENT INCLUDES 3' WIDE EASEMENT LOCA77ONS BASED ON THE C/L OF THE INSTALLED FACIL177ES IN THE SIDE YARDS OF LOT 16) G: \10067901 \LLA\SI7EPLAN.DWG WHEN RECORDED MAIL TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 DOCUMENTARY TRANSFER TAX $ No consideration* ....... Computed on the consideration or value of property conveyed; OR ....... Computed on the consideration or value less liens or encumbrances remaining at time of sale. •• •• • • • • • • • • • • • ••• • • •• SPACE ABOVE THIS LINE FOR RECORDER'S USE *Deed given to clear title after Lot Line A2ijusl nt••• •• :•• • • • • • • • . ...tJndersi td Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to SIGNAL LANDMARK, a California Corporation, Successor by Merger to Signal Bolsa Corporation, a California Corporation the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel A as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL recorded concurrently herewith of Official Records. Parcel A being described as follows: Lot C of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County together with that portion of Lot 16 of said map being described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0°38'28" East 2.27 feet along said Westerly line to the point of beginning. Dated be,, 7-**7 Zv Z STATE OF CALIFORNIA COUNTY OF 0- }Ss. } On / d 6 o 2' V - before me,MARK J. SCHWENE personally ppeared (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) )are subscribed to the within instrument and acknowledged to me that -he / he/they executed the same in 4tisfher/their authorized capacittt(ies), and that by f afher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h d and o lcial seal. Signature MAIL T STATEMENTS TO: SIGNAL LANDMARK 6 Executive Circle, Suite 250 Irvine, CA 92614 PAMELA S. NAGEL-SCH E TABATHA BURRIS Commission # 1375245 Notary Public - California Orange County MY Comm. Expires Sep 17,2006 r/ 10-0679-01 /a/Vquitclm/j j s/ 10-8-02/lm/zk I WHEN RECORDED MAIL TO:0 Mark J. and Pamela S. Nagel-Schwene 4918 Shelburne Drive .. .. . . . . . . .Huntington Beach, CA 92649 • • • • • • . • • • • • . . .• • • • •.. • • • SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ No consideration* *Deed given to clear tll ••• •after Lot Line Z j&stpient . • • • • ....... Computed on the consideration or value of property conveyed; OR • • • • • ....... Computed on the consideration or value less liens or . . • • • • •Undersi*ifed encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to MARK J. SCHWENE and PAMELA S. NAGEL-SCHWENE, Husband and Wife, as Community Property the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Parcel I as shown on that certain City of Huntington Beach Lot Line Adjustment No. LL recorded concurrently herewith of Official Records. Parcel 1 being described as follows: Lot 16 of Tract No. 15734, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 797, Pages 40 to 42, inclusive of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion described as follows: Beginning at the Northwesterly corner of said Lot 16; thence South 89°21'32" East 9.00 feet to a point of cusp with a tangent curve concave Southerly having a radius of 19.00 feet; thence leaving said Northerly line Westerly 9.38 feet along said curve through a central angle of 28°16'25" to the Westerly line of said lot; thence North 0038'28" East 2.27 feet along said Westerly line to the point of beginning. Dated 7b 15 / L } STATE OF CALIF NIA }SS. COUNTY OF } On G 4 ' D C 2 bgf rg me, MARK J. SCHWENE /lr t& , ,onallKqppeared (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Pre subscribed to the within instrument and acknowledged to me that -Hefs$m/they executed the same in I i ier/their authorized capacities), and that by .*j fher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. PAMELA S. NAGEL-SCHWE WITNESS my h nd and o icial seal. Signature MAIL T STATEMENTS TO:i`ABATHA BURRIS Mark J. and Pamela S. Nagel-Schwene z ( W ,' Commission # 1375245 E Notary Public -California y 4918 Shelburne Drive Huntington Beach, CA 92649 _Orange County My Comm. Fires Sep 17 20Q6 r/10-0679-0 1 /a/I/q u i tc i m l /j j s/ 10-8-02/l m/zk Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Prelimina ry Report OR-2125149 TITLE OFFICER - ROGER C. REIMER •..... •••••• 1 c AMERIC G a0a1t"Q 4'ri 49;!Z- Preliminary Report 11 11 •••• •••• First American Title Insurance Company • Preliminary Report • OR-2125149 TITLE OFFICER - ROGER C. REIMER First American Title Insurance Company 2 First American Way, Santa Ana, California 92707 (P.O. Box 267, Santa Ana, California 92702) (714) 800-3000 HEARTHSIDE HOMES 6 EXECUTIVE CIRCLE SUITE 250 IRVINE, CA 92614 ATTN: ED MOUNTFORD YOUR NO. (LOT C OF TR. 15734) ••••.• • 09 ...••• •...•• •••.•. • 11 ........ • • .••• •..• 11 •.......••• . • • 90 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPdRTS•1'HAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS OF JULY 2, 2002 AT 7.30 A M. BY ROGER C. REIMER, TITLE OFFICER DIRECT TELEPHONE NUMBER - 714-800-4927 FAX NUMBER - 714-800-4965 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS THIS REPORT IS FOR LOT LINE ADJUSTMENT PURPOSES ONLY. PAGEI • Preliminary Report TITLE OFFICER - ROGER C. REIMER TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SIGNAL LANDMARK, A CALIFORNIA CORPORATION, SUCCESSOR BY MERGER TO SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION. OR-2125149 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. •• •• •••••• ••.• • •• . •..• AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIOI%COr' I INED IN SR" • POLICY FORM WOULD BE AS FOLLOWS: • • . • .11 :00*00 see* 1. TAXES, BONDS AND ASSESSMENTS NOT EXAMINED FOR THIS REPORT ! HIS I i 'I R'T IS BEING USED FOR LOT LINE ADJUSTMENT PURPOSES AND A TAX REPORT IS NOT NECESSARY.. CODE AREA: 04-007. • • • A. P. NO.: 163-311-17. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS THEREOF ARE NOT YET DUE OR PAYABLE. 3. AN OIL AND GAS LEASE ("NORTH BOLSA LEASE") DATED JUNE 12, 1940, EXECUTED BY AND BETWEEN BOLSA LAND COMPANY, AS LESSOR, AND SIGNAL OIL AND GAS COMPANY, AS LESSEE, FOR THE TERM, AND UPON THE TERMS, PROVISIONS, AND CONDITIONS CONTAINED THEREIN, RECORDED DECEMBER 12, 1941 IN BOOK 1120, PAGE 435 OF OFFICIAL RECORDS. NOTE 1: A NOTICE OF LEASE WAS RECORDED JUNE 16, 1940 IN BOOK 1050, PAGE 191 OF OFFICIAL RECORDS. NOTE 2: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AGREEMENT AMENDING OIL AND GAS LEASE", EXECUTED BY AND BETWEEN BOLSA LAND COMPANY AND SIGNAL OIL AND GAS COMPANY, RECORDED IN BOOK 1126, PAGE 14 OF OFFICIAL RECORDS. NOTE 3: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AGREEMENT AMENDING OIL AND GAS LEASES", EXECUTED BY AND BETWEEN BOLSA LAND COMPANY AND TENANTS IN COMMON OF BOLSA LANDS AND SIGNAL OIL AND GAS COMPANY, RECORDED IN BOOK 2222, PAGE 192 OF OFFICIAL RECORDS. NOTE 4: THE TERMS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "BOLSA-SIGNAL CONVEYANCE", EXECUTED BY NUMEROUS "BOLSA TENANTS", INSTITUTE OIL, INC. AND THE SIGNAL COMPANIES, INC., RECORDED JANUARY 30, 1970 IN BOOK 9204, PAGE 1 OF OFFICIAL RECORDS. NOTE 5: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "BOLSA-SIGNAL AGREEMENT AMENDING NORTH LEASE", EXECUTED BY AND BETWEEN BOLSA TENANTS AND THE SIGNAL COMPANIES INC., A DELAWARE CORPORATION, RECORDED IN BOOK 9205, PAGE 1 OF OFFICIAL RECORDS. PAGE 2 Preliminary Report OR-2125149 TITLE OFFICER - ROGER C. REIMER NOTE 6: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AGREEMENT AMENDING OIL AND GAS LEASE (AMENDMENT TO NORTH LEASE)", EXECUTED BY AND BETWEEN BOLSA TENANTS AND SIGNAL OIL AND GAS COMPANY, A DELAWARE CORPORATION, RECORDED IN BOOK 9329, PAGE 638 OF OFFICIAL RECORDS. NOTE 7: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT EN=ED "AGREEMENT", EXECUTED BY AND BETWEEN STANDARD OIL COMPANY OF CALIFC NIn,• A CORPORATION AND SIGNAL OIL AND GAS COMPANY, A CORPORATION, RECORDED IN BOQK 9?29, PAGE 645 OF OFFICIAL RECORDS. • • • • •' ""• • NOTE 8: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOC01 NT ENTLT.LED "QUITCLAIM DEED", EXECUTED BY SHELL WESTERN E&P INC., RECORDED•M Y 25, • 194 'AS INSTRUMENT NO. 94-0359781 OF OFFICIAL RECORDS. .. . • • •.. .... NOTE 9: VARIOUS INSTRUMENTS APPEAR OF RECORD AFFECTING OR PURPORTING TO AFFECT' THE INTEREST OF THE LESSORS AND LESSEES UNDER SAID LEASE, BUT THIS REPOAVO S NQT VOYER AN EXAMINATION OF OR INSURANCE AS TO THE EFFECT THEREOF, OR THE PR•I'S•b'NT OWNERSHIP OR CONDITIONS OF SAID LEASEHOLD, HOWEVER NONE OF THESE INSTRUMENTS CM 'ANY ADDITIONAL SURFACE RIGHTS. •as 4. EASEMENTS AFFECTING PORTIONS OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DECREE OF DECLARATION OF TAKING NO. 3, RECORDED MARCH 26, 1943 IN BOOK 1161, PAGE 594 OF OFFICIAL RECORDS, (SAID EASEMENTS BEING SHOWN ON CORPS OF ENGINEERS DISTRICT ENGINEER DRAWING NO. 225-M6, DATED JUNE 4, 1948, ON FILE IN THE OFFICE OF THE DISTRICT ENGINEER, CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY AT LOS ANGELES), AS RESERVED BY THE UNITED STATES OF AMERICA IN JUDGMENT AND DECREE RE- VESTING TITLE, CERTIFIED COPIES THEREOF BEING RECORDED MAY 9, 1949 IN BOOK 1840, PAGE 424, AND JANUARY 13, 1959 IN BOOK 4546, PAGE 549, OFFICIAL RECORDS, RESPECTIVELY, AND AS FURTHER DELINEATED AND DESCRIBED IN THE CERTIFICATE EXECUTED BY THE UNITED STATES OF AMERICA CORPS OF ENGINEERS, RECORDED AUGUST 14, 1959 IN BOOK 4841, PAGE 391 OF OFFICIAL RECORDS. 5. RIGHTS AND INTERESTS RESERVED IN VARIOUS DEEDS TO BOLSA-MESA CORPORATION, BOLSA-LOS PATOS CORPORATION, BOLSA-LAGUNA CORPORATION, BOLSA-GRANDE CORPORATION, AND BOLSA-PACIFIC CORPORATION, ONE OF WHICH RECORDED JUNE 25, 1964 IN BOOK 7105, PAGE 115 OF OFFICIAL RECORDS, UPON THE TERMS, PROVISIONS, COVENANTS AND CONDITIONS CONTAINED THEREIN. 6. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED NOVEMBER 3, 1980 IN BOOK 13818, PAGE 966 OF OFFICIAL RECORDS, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED THEREIN, REFERENCE IS HEREBY MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. IN FAVOR OF: DONALD E. GOODELL. FOR: THE INSTALLATION, MAINTENANCE AND USE OF POLE LINES AND/OR UNDERGROUND PIPE LINES AND CONDUITS FOR TELEPHONE, ELECTRIC, GAS, SEWERS, AND OTHER PUBLIC UTILITY PURPOSES AND INCIDENTAL PURPOSES. OVER: A PORTION OF LETTERED LOT C. 7. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "DEED RESTRICTION", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, THE KOLL COMPANY, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 29, 1992 AS INSTRUMENT NO. 92-6554 18 OF OFFICIAL RECORDS. PAGE 3 Preliminary Report OR-2125149 TITLE OFFICER - ROGER C. REIMER 8. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "SEWER SERVICE AGREEMENT FOR BOLSA CHICA", EXECUTED BY AND BETWEEN COUNTY SANITATION DISTRICT NO. 11 AND SIGNAL BOLSA CORPORATION, RECORDED OCTOBER 1, 1993 AS INSTRUMENT NO. 93-0668416 OF OFFICIAL RECORDS. 9. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "BOLSA CHICA DEVELOPMENT AGREEMENT COUNTY OF ORANGE", EXECUTED BY AND BjiRVPEN SIGNAL BOLSA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE, GROUP AND THE COUNTY OF ORANGE, A POLITICAL SUBDIVISION ORGANIZED ANtf EXI$TIN(I "I DER THE LAWS OF THE STATE OF CALIFORNIA, RECORDED MAY 2, 1995••At' INSTRUMENT NO. 95-0185354 OF OFFICIAL RECORDS. ..... • 10. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOcUIVvSNT ENTI.T•L,ED "MEMORANDUM OF FEE AGREEMENT BETWEEN THE HUNTINGTON BEACH • CITY •S&OOL DISTRICT AND SIGNAL BOLSA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL -REAL ESTATE GROUP", EXECUTED BY AND BETWEEN THE HUNTINGTON BESItM6 ITY •SEfIOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION, A*MOLLYt0'OwED SUBSIDIARY OF KOLL REAL ESTATE GROUP, RECORDED JULY 18, 1996 AS INS"L1LWJMIrNT NO. 19960365083 OF OFFICIAL RECORDS. a • • 11. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "MEMORANDUM OF OWNER'S FEE AGREEMENT BETWEEN THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE GROUP", EXECUTED BY AND BETWEEN THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE GROUP, RECORDED JULY 18, 1996 AS INSTRUMENT NO. 19960365084 OF OFFICIAL RECORDS. 12. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "LICENSE AGREEMENT", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION AND SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO. 19960479183 OF OFFICIAL RECORDS. NOTE: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "EXTENSION OF LICENSE AGREEMENT", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION AND SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED MARCH 2, 2000 AS INSTRUMENT NO. 20000113092 OF OFFICIAL RECORDS. 13. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: PUBLIC UTILITIES PURPOSES. OVER: A PORTION OF LETTERED LOT C. 14. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT. 15. THE RECITAL ON THE MAP OF SAID TRACT THAT LETTERED LOT C IS FOR FUTURE DEVELOPMENT PURPOSES. PAGE 4 Preliminary Report OR-2125149 TITLE OFFICER - ROGER C. REIMER 16. LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, EXCEPTIONS, TERMS, ASSESSMENTS, LIENS AND CHARGES IN AN INSTRUMENT RECORDED MARCH 21, 2000 AS INSTRUMENT NO. 20000145196 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, MARITAL STATUS, AN SCI Y, DISABILITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 U.S.C. § 3604(tj;01! CALLFEX NIA GOVERNMENT CODE § 12955. LAWFUL RESTRICTIONS UNDER STATE AND FEI5EIIL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERAWSMALL KQ"Q BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. .. 17. THIS ITEM HAS BEEN INTENTIONALLY DELETED. ..:. 18. THIS ITEM HAS BEEN INTENTIONALLY DELETED. 11 ...... .. 19. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED JUNE 9, ; ZQ08.AS INSTRUMENT NO. 20000304779 OF OFFICIAL RECORDS, • • IN FAVOR OF: GTE CALIFORNIA INCORPORATED, A CORPORATION. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: A PORTION OF LETTERED LOT C. 20. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED AUGUST 30, 2000 AS INSTRUMENT NO. 20000454789 OF OFFICIAL RECORDS, IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: A PORTION OF LETTERED LOT C. 21. THIS ITEM HAS BEEN INTENTIONALLY DELETED. 22. FOR THE PURPOSE OF PROCESSING A LOT LINE ADJUSTMENT USING THIS PRELIMINARY REPORT, IT IS THE RESPONSIBILITY OF THE ENGINEER PREPARING THE LOT LINE ADJUSTMENT TO OBTAIN THE NECESSARY DEED OR DEEDS AS WELL AS ALL MODIFICATIONS TO ANY DEEDS OF TRUST ENCUMBERING THE PROPERTY. PAGE5 Preliminary Report • OR-2125149 TITLE OFFICER - ROGER C. REIMER DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH , AND IS DESCRIBED AS FOLLOWS: LETTERED LOT C OF TRACT NO. 15734 AS SHOWN ON A MAP FILED IN BOOK 797, PAGES 40 T11.42, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ••••••• •••••• .••••• •..• •..• • •..• PAGE 6 I Preliminary Report • OR-2125149 TITLE OFFICER - ROGER C. REIMER WARNING . "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE 1.'t"; • DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE d''HL•R :0000. THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PA ! P9 • ' DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALI!EGED. "' • LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". .... • • • • • • .... ..... TB ...... .... PLATS (CC&R-S, IF ANY) ENCLOSED. . .. NOTE: WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS: FIRST AMERICAN TRUST COMPANY ACCOUNT #15030 ABA #122241255 421 N. MAIN STREET ACCOUNT NAME: FIRST AMERICAN SANTA ANA, CA 92701 TITLE COMPANY CREDIT TO FIRST AMERICAN TITLE COMPANY OR-2125149 TITLE OFFICER - ROGER C. REIMER DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT - CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS COPY WITH PLAT (AND CC&R, IF ANY) TO: HUITT ZOLLARS 15101 RED HILL AVENUE TUSTIN, CALIFORNIA 92680 ATTN: JOSEPH SUESS REF: HZI PROJECT NO. 10-0679-01 PAGE 7 Preliminary Report OR-2125149 TITLE OFFICER - ROGER C. REIMER PRIVACY POLICY WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION IN ORDER TO BETTER SERVE YOUR NEEDS NOW AND IN THE FUTURE, WE MAY ASK YOU TO PROVIDE US WITH CERTAIN INFORMATION. WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO WITH SUCH INFORMATION-PARTICULARLY ANY PERSONAL OR FINANCIAL INFORMATION. WE AGREE THAT YOU HAVE , RIGIJT TO KNOW HOW WE WILL UTILIZE THE PERSONAL INFORMATION YOU PROVIDE TO US. THEREFORE, TOGETHER•WIDT4-I.oUR PARENT COMPANY, THE FIRST AMERICAN CORPORATION, WE HAVE ADOPTED THIS PRIVACY POLICY TO GOVERN THE USE AND HANDLING OF YOUR PERSONAL INFORMATION. 000000 :000:0 •• •.' ' APPLICABILITY •..••. '• • . .... THIS PRIVACY POLICY GOVERNS OUR USE TO THE INFORMATION WHICH YOU PROVIDE TO US. If DOES'NOT G0; ygV-rHE MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED FROM ANY OTHER SOURCF.,'St -LAS INFORMATION OBTAINED FROM A PUBLIC RECORD OR FROM ANOTHER PERSON OR ENTITY. FIRST AMERICAN I4AS ALSO IMPTED BROADER GUIDELINES THAT GOVERN OUR USE OF PERSONAL INFORMATION REGARDLESS OF ITS SOURCE.* FIRST AMERICAN CALLS THESE GUIDELINES ITS FAIR INFORMATION VALUES, A COPY OF WHICH CAN Bf FOUND ON OUR WEBSITE AT WWW.FIRSTAM.COM. :"'•: ••.. ••.• • •see* TYPES OF INFORMATION •• . DEPENDING UPON WHICH OF OUR SERVICES YOU ARE UTILIZING, THE TYPES OF NONPUBLIC PERSONAL INt'ORiATION THAT WE MAY COLLECT INCLUDE: INFORMATION WE RECEIVED FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WHETHER IN WRITING, IN PERSON, BY TELEPHONE OR ANY OTHER MEANS; INFORMATION ABOUT YOUR TRANSACTIONS WITH US, OUR AFFILIATED COMPANIES, OR OTHERS; AND INFORMATION WE RECEIVE FROM A CONSUMER REPORTING AGENCY. USE OF INFORMATION WE REQUEST INFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES AND NOT FOR THE BENEFIT OF ANY NONAFFILIATED PARTY. THEREFORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAFFILIATED PARTIES EXCEPT: (1) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU HAVE REQUESTED OF US; OR (2) AS PERMITTED BY LAW. WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, INCLUDING THE PERIOD AFTER WHICH ANY CUSTOMER RELATIONSHIP HAS CEASED. SUCH INFORMATION MAY BE USED FOR ANY INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS. WE MAY ALSO PROVIDE ALL OF THE TYPES OF NONPUBLIC PERSONAL INFORMATION LISTED ABOVE TO ONE OR MORE OF OUR AFFILIATED COMPANIES. SUCH AFFILIATED COMPANIES INCLUDE FINANCIAL SERVICE PROVIDERS, SUCH AS TITLE INSURERS, PROPERTY AND CASUALTY INSURERS, AND TRUST AND INVESTMENT ADVISORY COMPANIES, OR COMPANIES INVOLVED IN REAL ESTATE SERVICES, SUCH AS APPRAISAL COMPANIES, HOME WARRANTY COMPANIES, AND ESCROW COMPANIES. FURTHERMORE, WE MAY ALSO PROVIDE ALL THE INFORMATION WE COLLECT, AS DESCRIBED ABOVE, TO COMPANIES THAT PERFORM MARKETING SERVICES ON OUR BEHALF, ON BEHALF OF OUR AFFILIATED COMPANIES, OR TO OTHER FINANCIAL INSTITUTIONS WITH WHOM WE OR OUR AFFILIATED COMPANIES HAVE JOINT MARKETING AGREEMENTS. FORMER CUSTOMERS EVEN IF YOU ARE NO LONGER OUR CUSTOMER, OUR PRIVACY POLICY WILL CONTINUE TO APPLY TO YOU. CONFIDENTIALITY AND SECURITY WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUALS AND ENTITIES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMATION WILL BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH THIS PRIVACY POLICY AND FIRST AMERICAN'S FAIR INFORMATION VALUES. WE CURRENTLY MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. PAGE 8 Preliminary Report TITLE OFFICER - ROGER C. REIMER NOTICE SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY SD'lE ••• INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS }N AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BFeFORE• RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. TAIS`•t'fk ITE ALp WS• • FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THC CAS116 OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED TILE NEXT DAY AFTER DEPOSIT. "p 8.PFiR TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CgSH?ER'#CHECKS* C9. CERTIFIED CHECKS WHENEVER POSSIBLE •. OR-2125149 •••• IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERIc • OFFICE FOR MORE DETAILS.fee* ssarrsssasarr NOTICE 11 •••••• IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: I. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE 9 SHEET 3 OF 3 SHEETS ALL OF TENTA 771E TRACT NO 157,14 16 LOTS AND 7 LETTERED LOTS 5.840 ACRES DATE OF SUR%" APRIL 1997 8 2D 11 yr- rAN1179•Sf ,\ 11991(0 lOq N SCALE 84 FEET 50 100 0)6299I 1 1 EASEMENT NOTES IM B9 rs0 TRACT ro SSE( PER /9/S 97-1000,RSB 6 /15-J6 F I _ LOT 0 8l g 0242 AC"i A al °g PI W ° i Jr 62 Gy w Z JI6} C1o U m ••••6io l0 MELL MONUUMT W/ /2• • • BRASS CAP S/049[0 5162 bIrr • PCR R/$9)-IBB3 RSB 166/ •J•••• 23- CCE AS 6[ 2+GNEa Mr r1,L,UNr NE I/4 PY • •1 g rX:,RAC SEC T9, TSS, 811. ••••„i•• E - - - - -- - - -- - - C/L LOS PATOS AVENUE • • • h• •1 8 • • • •e g Ely • 969)3 ]3.97 N697r JT'W (66019) (66023)R •8 •25.6397• BJ9 T4. 3 l1/'C I7J ) 98971.31.97 63981• • 949 '35 J5• 1000• - -4551 2_ve47T7]'W-- - -' -57F76. -fN911 SEfARiICBurcavc 9 • r • 6000' 6200 000' 6100 6000 6176'r LOT A • •0J69 AC. 1J.a •' I fa rY - h 6 R • 6 8^ 96 •o IJ a0' a a W I,L (SI l )=r S. S. Ci EASEMENT rM 5C-R, WA RR 5UR-ACE DRAINAGE. ANOEMERGENCr ACCESS PORPOS (S O-A TED 10 MC CITYN HEREON O EASEMENT TO DONALD ( GOC0(77 PER 80047 IM/8 PAC( 966 OR -Al RECORDS C EASEMESI TO MC OTT CW NUYINGT01 BEAU/ CCW O S1RCEI 250 PURLK U/R/IY PURPOSES PER BOOT 11991, PACE 1308 0' O'T/UAL 1ECOROI0 ACCESS EASEMENT TO ME7RO°071TAN WATER OS IRICr PER NSIwUMEll NO 19960179186 OR 09/7045 RECORDS O ACCESS EAYLI(NT TO S'l(A HOMES PER 0NSDSUNENT Na E 199960179161 OR 901005 FECOROS OF (ASEMCNT 600 WALKWAY PURPOSES DEOCAIED TO ME .Ir 0' NUNOY0TOY B(AD. NER(04 O PUBLIC 1//R/TY CA0MENr 0[07(37(0 TO N/( OTP OR57AV IR1G IOV SCACN NCRCOV O CASEMENT 07(8 ME-2 SIRCCIS (611274 SAW TRACI.FOR POLICE ANO EIRE OEPARIMENI ACCESS 0(0CA TY0 10 ME01r Or NUTS NCTM BEAD. 11CREOR ACCESS 970/IS N, 07(0, ACROSS UPON AND MR0 01 MC PRIVATE O SM(ETS M N SAID TMACY FOR ME 71/081050 5 MANIA/NNC. 5CRM050CLAN/743 REPAIMNG AND REPLACING INC RATER 5757(5 AS OCOICATEDIO M( all 0r NM•DNGTON euCN NOTES LOT A /S FLAT LANDSCAPING PURPOSES AND 15 NOT A SEPARATE BU40NC 9/F LOU 9 771RDU01 E AND LOT C ARE FOR FUTURE aKLLPSCNrLOT F /S rbR MW E 5/REE TS ( 0AKCA It$ MCA3URC0 AND RECORD PER R/5 97-1003 R S B 169/25 -M UMESS 090(8(6Y ID" 90GTES RECORD 2(0 R 5 B 92119-28 (( )) NOCA RS RECORD PER C(RI O' CCWP NO CC 92-01 IN THE CITY OF HUN77NGTON BEACH, l\h. 8 E IM M v / 35 - 36 589]1'31"97 20 66'- - 6702 ryT V ALL K /IICUL AR ACCESS 81010 TD LOS PATOS AH 'NUE (XCEPr ATLOCA RC95 APPTO7(0 BY M( PLANNING CCWUI5SO + ARE NER (BY RELEASED AND REL/NO /ISOCD TO MC C/TY Q NUNONC IOU REACH N' TRACT NO. 15734 MAY 1999 V UU'I'Li7M liL 16 )J JAMES F. ELLEN, L.S. 5557 HUITr-ZOLIARS a J " 4 D ' am' bo.1' SD.J1'1 134 -.;6 9 7 90627 32'8 t71 J6'296 A3 P,p99'03(55 R C/L SN_ E DRIVE 2 " N D1 p6 •9897,')2450 _290 JJ'_J \ 6A6 760 ELT7E'9'19qe `r '74 6!` 745 .56:2 7'276 J4' 'J6J C (PRIVATE S7ET) , 6100 ' 6083• a 58971']2.8' 12285' a 0Z7- X0r G COT C 8 N ' 0394 AC U4 / 25 35 NOTES (c0 9) FA] 5 R ad5g S) iJ 6133 s6T 989 ..9 ,97 10. 30' 12 96919 SI •W RDA DO 11 111111 1'W 10150• CURVE DATA: OI A.89'32 '0I 1.35 00' 1.6595' O 0_444 '30.8.9900' 7.735' OJ A.108Y1 '01' 8.6600 ' 1-11319' O O 0.69)201. 1.1300' 5-7 3 14' O 6.576'01. 8.34 100' L.5221' 10 072'623' R-53700 1.29 43' ORANGE COUNTY, CALIFORNIA G iR3a 10 ° r x BS• -- $ 8'oe (0.12100'.8)) a '. i x8956 ')01 J2J00 0"C0/STAStE TRW N W CORNER4960/67 O R PER 0(81 OR COUP NO CC 92-01 ALL 010)048 ACCESS 9/0575 TO 85550 ON/CA STREET, EXCEPT AT (0[4 0095 329007(0 650 II/E PLANNING C7IWSSTON ARE HEREBY RELEASED AND RE(N-SMU TO N/( /111 0' NUNONC TOY BEAU/ SEE NEE/ 2 r0 MOl-N1 NOTES 605150' -S . 0471,4/ ST4 I(M(Nr. AND 009 (F5 BOUNDARY CONTROL MAP COURSE DATA: l .09193 1'97515' Q NO J6'26T 573' 1 7469'1931'W 1300' l]i 746919J1•W 7213' 1]3 9048781 f 15 5050299 10000' l] (98958 301 .,Ow) l] (Ne9 J5'J54Y 1,8290) Q (56390791 9848) 1l 746958 JOT 2400 Q 56938 401 445 92' First American Title Insurance Company '- C/L WARNER AVENUE ro .(LL MOYWEN1 W/ NEAR— PER R/T 67-1003 R58 169/ 15-J6 ACCEPTED AS NC CW)RAC SEC 29, 151 R11W 6000 X01 0 989.93,'97 • Ilg ( ) 0.693107 ' \ I ..A dbpp'J9' 8 L R 4'5'j S R L.173z 6 ° t, y I I y1 -,40 45' ) I C ,g y`14 = 5e919J1•W ro011, Ne919 JI 'w 10130' U< 661 u• U ti . 2 9 A iWI 9 T` l e O N6949 31•W 10,50 ' COTE I 543x IvAIRIES °0130 AC 3 ° 26 16' 10119 1 96949 L 'w 11319 5 a LOT G R ^ o • 0 0765 AC I 2611 969 4J1'W a 163 09' 10 SANDOI•FR DRIVE If-' ^ (79500,( SMErq 989'19 37.97 115 49 LQr -D 110 AG c 6 611599 ((32300 )))2108' qll^- I " g v6mr5 11 a 3J 5 \1:11\\ 11 POR7C9 a PARCEL 2 0' CERR//CA/ (Y CWPIIANCENO CC 92-01. WS -Elf NO 92-369735 OR © CALC313AAR0 DER 11/5 l5 IUD P J1 1 JJ (O NCMWG NELO RECORD BEARiNC A OS/INt[ r3IA6 7PCR R/S 97-1003 856 169/25-M THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE 10067901 (4 J J N 0 EXHIBIT A 0 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real prope rty or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. • •• • • •3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. • 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, ar4f which are not shown by the public records.994609 •• • • • • 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (•)•water rights, Maims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. • • • • • • • EXCLUSIONS FROM COVERAGE • • • • • • • •• The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or dan-Age, cogs, attorne'St joes or expenses which arise by reason of: • 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulationsT restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of an'1 improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of Nhicl• •he land is py yas a part ; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, excprgt•tp•the extent that•a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land ha! t! recorded in the public records at Date of Policy. • • • (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a noLce•j f•a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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 prope rty 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMEN LAND TITLE ASSOCIATION LOAN POLIO 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner p4 ";%debtedness to comply with applicable "doing business" laws of the state in which the land is situated. • 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAr91 PTIONS••:. •• s• When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Cove•dgp 'plicy, the exclusions set fort h in paragraph 4 above are used and the following exceptions to coverage appear in the policy . • • .*0086 ••••SCHEDULER •••• •• • .--- This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: • • • • • Part One: s 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on rea? property or by the public records.:00**:69** 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by ansirrspection oTs4 4Wlld or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records.0'• '• 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disdose,sand which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys ' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to l4 the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b( not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: p) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (a) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. 0 SCHEDULE B i This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE . • The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attor:eysrleSs or expenses which arise by reason of: • 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances ! O •agalationsl. re>itji:typg, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location gf jrty'improvernent now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part ; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, ex,;•e*p= T& :he extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting th%land hie CAR jecorded in the public records at Date of Policy.**so 0000 (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof rir a notice •oJ%•defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Datetf Policy. • 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, bui not exclddtrftg•from coverage any taking which has occurred prior to the 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: •. • • • •• .• 0 (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 •aRd not discfb "in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; 00 • (c) resulting in no loss or damage to the insured claimant;0 • • • • (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: p) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (u) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage land the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets , alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Form No. 1491.EAGLE (10/98) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER 'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation ), 15 (Building Permit ), 16 (Zoning) and 18 (Encroachment of bounda ry wags or fences) are Subject to Deductible Amounts and Maximum Dollar Limits of Liability ;'• ••' EXCLUSIONS •••••• • •• •• In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting too" • • • •• • •••••1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances! laws ar,d regulations cgpcerning: a. building see*996* b. zoning •• ••••• •C. land use •••• d. improvements on the land • •e. land division • • • •:so**f. environmental protection i This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Pu li l cords at the Policy Date. • • •• • • This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets , alleys, or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to Ii) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mo rtgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Id Mortgage , or claim thereof, which arises out of the action evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation of impart notice to a purchaser for value or a judgment or lien creditor. + • *078. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this pci j' J " excluloone1c s not limit the coverage provided under insuring provision 7. • • • 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and aY•4tore%t charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: • • ••••• •(a) The time of the advance; or ••••• (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if jpL?A6gf interest is rea er as a result of the modification than it would have been before the modification.• ••••• This exclusion does not limit the coverage provided under insuring provision 7.••• •••••••••• SCHEDULE B •••••••• •• • This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason oC ••• 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage land the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. Form No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report OR-2125201 TITLE OFFICER - ROGER C. REIMER 11 ...... .... . . ..•. .... ST AMER jcS 41 .0909 Fvlm Ore- Preliminary Report .. . First American Title Insurance Company Preliminary Report • •OR-2125201 TITLE OFFICER - ROGER C. REIMER First American Title Insurance Company 2 First American Way, Santa Ana, California 92707 . • • • S • (P.O. Box 267, Santa Ana, California 92702) • (714) 800-3000 •...... •••••• HEARTHSIDE HOMES 6 EXECUTIVE CIRCLE SUITE 250 IRVINE, CA 92614 ATTN: ED MOUNTFORD YOUR NO. (LOT 16 OF TRACT NO. 15734) • . IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY . THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS OF JULY 2, 2002 AT 7:30 A.M. BY ROGER C. REIMER, TITLE OFFICER DIRECT TELEPHONE NUMBER - 714-800-4927 FAX NUMBER - 714-800-4965 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS THIS REPORT IS FOR LOT LINE ADJUSTMENT PURPOSES ONLY. . •• •. ••.•••0 . • ...• • • •••• •..• .... . • •• . PAGEI Preliminary Report 0 • OR-2125201 TITLE OFFICER - ROGER C. REIMER TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE, HUSBAND AND WIFE, AS COMMUNITY PROPERTY. 11 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: • • •••••• •••••• •••••••A FEE. • • • .... ••••0900 Y s,=IQAT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONSICONTAINED I POLICY FORM WOULD BE AS FOLLOWS: •• •••••• •••• 1. TAXES, BONDS AND ASSESSMENTS NOT EXAMINED FOR THIS REPORT THIS REPbTr IS BEING USED FOR LOT LINE ADJUSTMENT PURPOSES AND A TAX REPORT IS NOT NECESSACRY,,: • CODE AREA: 04-007. A. P. NO.: 163-311-16. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. NOTE: ALTHOUGH THE ABOVE SUPPLEMENTAL TAXES MAY BE A LIEN, THE INSTALLMENTS THEREOF ARE NOT YET DUE OR PAYABLE. 3. AN OIL AND GAS LEASE ("NORTH BOLSA LEASE") DATED JUNE 12, 1940, EXECUTED BY AND BETWEEN BOLSA LAND COMPANY, AS LESSOR, AND SIGNAL OIL AND GAS COMPANY, AS LESSEE, FOR THE TERM, AND UPON THE TERMS, PROVISIONS, AND CONDITIONS CONTA INED THEREIN, RECORDED DECEMBER 12, 1941 IN BOOK 1120, PAGE 435 OF OFFICIAL RECORDS. NOTE 1: A NOTICE OF LEASE WAS RECORDED JUNE 16, 1940 IN BOOK 1050, PAGE 191 OF OFFICIAL RECORDS. NOTE 2: THE TERMS, PROVISIONS AND CONDITIONS CONTA INED IN A DOCUMENT ENTITLED "AGREEMENT AMEND ING OIL AND GAS LEASE", EXECUTED BY AND BETWEEN BOLSA LAND COMPANY AND SIGNAL OIL AND GAS COMPANY, RECORDED IN BOOK 1126, PAGE 14 OF OFFICIAL RECORDS. NOTE 3: THE TERMS, PROVISIONS AND CONDITIONS CONTA INED IN A DOCUMENT ENTITLED "AGREEMENT AMENDING OIL AND GAS LEASES", EXECUTED BY AND BETWEEN BOLSA LAND COMPANY AND TENANTS IN COMMON OF BOLSA LANDS AND SIGNAL OIL AND GAS COMPANY, RECORDED IN BOOK 2222, PAGE 192 OF OFFICIAL RECORDS. NOTE 4: THE TERMS AND CONDITIONS CONTA INED IN A DOCUMENT ENTITLED "BOLSA-SIGNAL CONVEYANCE", EXECUTED BY NUMEROUS "BOLSA TENANTS", INSTITUTE OIL, INC. AND THE SIGNAL COMPANIES, INC., RECORDED JANUARY 30, 1970 IN BOOK 9204, PAGE 1 OF OFFICIAL RECORDS. NOTE 5: THE TERMS, PROVISIONS AND CONDITIONS CONTA INED IN A DOCUMENT ENTITLED "BOLSA-SIGNAL AGREEMENT AMENDING NORTH LEASE", EXECUTED BY AND BETWEEN BOLSA TENANTS AND THE SIGNAL COMPANIES INC., A DELAWARE CORPORATION, RECORDED IN BOOK 9205, PAGE 1 OF OFFICIAL RECORDS. PAGE 2 Preliminary Report • .OR-2125201 TITLE OFFICER - ROGER C. REIMER NOTE 6: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AGREEMENT AMENDING OIL AND GAS LEASE (AMENDMENT TO NORTH LEASE)", EXECUTED BY AND BETWEEN BOLSA TENANTS AND SIGNAL OIL AND GAS COMPANY, A DILi i RE CORPORATION, RECORDED IN BOOK 9329, PAGE 638 OF OFFICIAL RECORDS. • NOTE 7: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DO " NT ENTITLEDseei "AGREEMENT", EXECUTED BY AND BETWEEN STANDARD OIL COMPANY .OF. GALIFORMA, A CORPORATION AND SIGNAL OIL AND GAS COMPANY, A CORPORATION, RECC Rf)EI) IN BGtM %29, PAGE 645 OF OFFICIAL RECORDS..• • • • .... ...• • .... NOTE 8: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUNMNT ENTITLED "QUITCLAIM DEED", EXECUTED BY SHELL WESTERN E&P INC., RECORDF.Q."Y 25, .IP24 AS INSTRUMENT NO. 94-0359781 OF OFFICIAL RECORDS.. NOTE 9: VARIOUS INSTRUMENTS APPEAR OF RECORD AFFECTING OR PURPORTING T4 AFFECT THE INTEREST OF THE LESSORS AND LESSEES UNDER SAID LEASE, BUT THIS REPORT DOES NOT COVER AN EXAMINATION OF OR INSURANCE AS TO THE EFFECT THEREOF, OR THE PRESENT OWNERSHIP OR CONDITIONS OF SAID LEASEHOLD, HOWEVER NONE OF THESE INSTRUMENTS GIVE ANY ADDITIONAL SURFACE RIGHTS. 4. EASEMENTS AFFECTING PORTIONS OF SAID LAND INCLUDED WITHIN THE LAND DESCRIBED IN THE DECREE OF DECLARATION OF TAKING NO. 3, RECORDED MARCH 26, 1943 IN BOOK 1161, PAGE 594 OF OFFICIAL RECORDS, (SAID EASEMENTS BEING SHOWN ON CORPS OF ENGINEERS DISTRICT ENGINEER DRAWING NO. 225-M6, DATED JUNE 4, 1948, ON FILE IN THE OFFICE OF THE DISTRICT ENGINEER, CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY AT LOS ANGELES), AS RESERVED BY THE UNITED STATES OF AMERICA IN JUDGMENT AND DECREE RE- VESTING TITLE, CERTIFIED COPIES THEREOF BEING RECORDED MAY 9, 1949 IN BOOK 1840, PAGE 424, AND JANUARY 13, 1959 IN BOOK 4546, PAGE 549, OFFICIAL RECORDS, RESPECTIVELY, AND AS FURTHER DELINEATED AND DESCRIBED IN THE CERTIFICATE EXECUTED BY THE UNITED STATES OF AMERICA CORPS OF ENGINEERS, RECORDED AUGUST 14, 1959 IN BOOK 4841, PAGE 391 OF OFFICIAL RECORDS. 5. RIGHTS AND INTERESTS RESERVED IN VARIOUS DEEDS TO BOLSA-MESA CORPORATION, BOLSA-LOS PATOS CORPORATION, BOLSA-LAGUNA CORPORATION, BOLSA-GRANDE CORPORATION, AND BOLSA-PACIFIC CORPORATION, ONE OF WHICH RECORDED JUNE 25, 1964 IN BOOK 7105, PAGE 115 OF OFFICIAL RECORDS, UPON THE TERMS, PROVISIONS, COVENANTS AND CONDITIONS CONTAINED THEREIN. NOTE: THE TERMS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "BOLSA-SIGNAL CONVEYANCE", EXECUTED BY NUMEROUS "BOLSA TENANTS", INSTITUTE OIL, INC. AND THE SIGNAL COMPANIES, INC., RECORDED JANUARY 30, 1970 IN BOOK 9204, PAGE 1 OF OFFICIAL RECORDS. 6. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "DEED RESTRICTION", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, THE KOLL COMPANY, AND THE CALIFORNIA COASTAL COMMISSION, RECORDED SEPTEMBER 29, 1992 AS INSTRUMENT NO. 92-655418 OF OFFICIAL RECORDS. 7. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "SEWER SERVICE AGREEMENT FOR BOLSA CHICA", EXECUTED BY AND BETWEEN COUNTY SANITATION DISTRICT NO. 11 AND SIGNAL BOLSA CORPORATION, RECORDED OCTOBER 1, 1993 AS INSTRUMENT NO. 93-0668416 OF OFFICIAL RECORDS. PAGE 3 Preliminary Report • • OR-2125201 TITLE OFFICER - ROGER C. REIMER 8. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "MEMORANDUM OF FEE AGREEMENT BETWEEN THE HUNTINGTON BEACH CITY SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF KOI+.V.AL ESTATE GROUP", EXECUTED BY AND BETWEEN THE HUNTINGTON BEACH CITY SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION, %. I0LLY.-Q I D SUBSIDIARY OF KOLL REAL ESTATE GROUP, RECORDED JULY 18, 1996..AS'INSTRUMENT NO. 19960365083 OF OFFICIAL RECORDS. .•.... 9. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOc 4ENT EN'Y't'I'LED "MEMORANDUM OF OWNER'S FEE AGREEMENT BETWEEN THE HUNTINGTON BEAOH UNI04fil?,H SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A WHOLLY OWNED SUBSIDIARY OF ICOLL REAL ESTATE GROUP", EXECUTED BY AND BETWEEN THE HUNTINGTON B, Q" UNION. WGH SCHOOL DISTRICT AND SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPOR.1.1 IlN, A WJ1QLLY OWNED SUBSIDIARY OF KOLL REAL ESTATE GROUP, RECORDED JULY 18, 1996 AS INSTWM$NT NO. 19960365084 OF OFFICIAL RECORDS. 10. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "LICENSE AGREEMENT", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION AND SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED SEPTEMBER 19, 1996 AS INSTRUMENT NO. 19960479183 OF OFFICIAL RECORDS. NOTE: THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "EXTENSION OF LICENSE AGREEMENT", EXECUTED BY AND BETWEEN SIGNAL BOLSA CORPORATION, A CALIFORNIA CORPORATION AND SHEA HOMES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, RECORDED MARCH 2, 2000 AS INSTRUMENT NO. 20000113092 OF OFFICIAL RECORDS. 11. THIS ITEM HAS BEEN INTENTIONALLY DELETED. 12. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: PUBLIC UTILITIES PURPOSES. OVER: A PORTION OF THE LAND. 13. THIS ITEM HAS BEEN INTENTIONALLY DELETED. 14. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT. 15. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED JUNE 9, 2000 AS INSTRUMENT NO. 20000304779 OF OFFICIAL RECORDS. AFFECTS: A PORTION OF THE LAND. NOTE: AT THE TIME OF RECORDING, GRANTOR WAS NOT OWNER OF RECORD. 16. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED AUGUST 30, 2000 AS INSTRUMENT NO. 20000454789 OF OFFICIAL RECORDS. AFFECTS: A PORTION OF THE LAND. PAGE 4 Preliminary Report ••OR-2125201 TITLE OFFICER - ROGER C. REIMER 17. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS, LIENS, CHARGES, TERMS AND PROVISIONS IN THE DOCUMENT RECORDED SEPTEMBER 11, 2000 AS INSTRUMENT NO. 20000471428 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTT2JQI QN INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, 'COLOR, RELIGION, SEX, MARITAL STATUS, ANCESTRY, DISABILITY, HANDICAP, FAMU.L STA=$» QR NATIONAL ORIGIN, TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RES"IIi1GT1 DNS VIOLATE 42 U.S.C. § 3604(c) OR CALIFORNIA GOVERNMENT CODE § 12955. LAWFUL RESTRICTIONS UIv'DER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING; SR ;-OUSINL' V OR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAM(L+AL STAT1T.' ...• NOTE 1: A DOCUMENT ENTITLED "SUPPLEMENTARY DECLARATION OI. COVENANTS, CONDITIONS AND RESTRICTIONS AND NOTICE OF ANNEXATION FOR SANDAYER COM%41J.%ITY ASSOCIATION" RECORDED SEPTEMBER 22, 2000 AS INSTRUMENT NO. 200004 W OF OFFLCPAL RECORDS. NOTE 2: THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE LIEN OF THE ASSESSMENT PROVIDED FOR THEREIN SHALL BE SUBORDINATE TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY LOT OR CONDOMINIUM UNIT. 18. EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM SIGNAL LANDMARK, A CALIFORNIA CORPORATION, AS GRANTOR, TO MARK J. SCHWENE AND PAMELA S. NAGEL-SCHWENE HUSBAND AND WIFE, AS COMMUNITY PROPERTY, AS GRANTEE, RECORDED APRIL 27, 2001 AS INSTRUMENT NO. 20010263962 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 19. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $671 ,000.00 , RECORDED APRIL 27, 2001 AS INSTRUMENT NO. 20010263963 OF OFFICIAL RECORDS. DATED: APRIL 17, 2001. TRUSTOR: MARK J SCHWENE AND PAMELA S NAGEL SCHWENE HUSBAND AND WIFE. TRUSTEE: DSL SERVICE COMPANY, A CALIFORNIA CORPORATION. BENEFICIARY: DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. 20. FOR THE PURPOSE OF PROCESSING A LOT LINE ADJUSTMENT USING THIS PRELIMINARY REPORT, IT IS THE RESPONSIBILITY OF THE ENGINEER PREPARING THE LOT LINE ADJUSTMENT TO OBTAIN THE NECESSARY DEED OR DEEDS AS WELL AS ALL MODIFICATIONS TO ANY DEEDS OF TRUST ENCUMBERING THE PROPERTY. PAGE 5 Preliminary Report 0 OR-2125201 TITLE OFFICER - ROGER C. REIMER DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS: LOT 16 OF TRACT NO. 15734, AS SHOWN ON A MAP RECORDED IN BOOK 797,V"5 40, 4V•A D 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. • EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGI- TS, VATUI AL' iAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER- .NAME kNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT 131AY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETfER WIW THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEItQR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCL15 14VTHE RJQ "PTO WHIPSTOCK OF DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAI J. TJIOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH O. ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AS RESERVED BY SIGNAL LANDMARK, A CALIFORNIA CORPORATION, RECORDED APRIL 27, 2001 AS INSTRUMENT NO. 20010263962 OF OFFICIAL RECORDS. PAGE 6 Preliminary Report • 0 OR-2125201 TITLE OFFICER - ROGER C. REIMER WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE • DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE (TIER ; THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PAR"" DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALL•FaGED • LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". 0*0000 0000 • • . •••• ••.• TB PLATS (CC&R'S, IF ANY) ENCLOSED. NOTE: WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS: FIRST AMERICAN TRUST COMPANY ACCOUNT #15030 ABA #122241255 421 N. MAIN STREET ACCOUNT NAME: FIRST AMERICAN SANTA ANA, CA 92701 TITLE COMPANY CREDIT TO FIRST AMERICAN TITLE COMPANY OR-2125201 TITLE OFFICER - ROGER C. REIMER DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT - CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS COPY WITH PLAT (AND CC&R, IF ANY) TO: HUITT-ZOLLARS 15101 RED HILL AVENUE TUSTIN, CALIFORNIA 92780 ATTN: JOSEPH SUESS, PLS REF: 10-0679-01 PAGE 7 Preliminary Report 0 • OR-2125201 TITLE OFFICER - ROGER C. REIMER PRIVACY POLICY WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION IN ORDER TO BETTER SERVE YOUR NEEDS NOW AND IN THE FUTURE, WE MAY ASK YOU TO PROVIDE US WITj-I CEI;TAIN INFORMATION. WE UNDERSTAND THAT YOU MAY BE CONCERNED ABOUT WHAT WE WILL DO N.ISf-CUCH INFORMATION-PARTICULARLY ANY PERSONAL OR FINANCIAL INFORMATION. WE AGREE THAT YOU HAVE A RIGHT TO KNOW HOW WE WILL UTILIZE THE PERSONAL INFORMATION YOU PROVIDE TO US. THEREFOP.Fr4TQGETHER :WjTJZQUR PARENT COMPANY, THE FIRST AMERICAN CORPORATION, WE HAVE ADOPTED THIS PRIVACY PQtL? TO GOVERN THE USE AND HANDLING OF YOUR PERSONAL INFORMATION. •.••••• .•.• APPLICABILITY •••..•0 •... THIS PRIVACY POLICY GOVERNS OUR USE TO THE INFORMATION WHICH YOU PROVIDE TO US. IT€OE6 NOT GOV1WrHE MANNER IN WHICH WE MAY USE INFORMATION WE HAVE OBTAINED FROM ANY OTHER SOURCE, SUCJ{ AS INI I ATION OBTAINED FROM A PUBLIC RECORD OR FROM ANOTHER PERSON OR ENTITY. FIRST AMERICAN HAS ALSO ADOPTED BROADER GUIDELINES THAT GOVERN OUR USE OF PERSONAL INFORMATION REGARDLESS* 6F•Ii'B SOURt .FIRST AMERICAN CALLS THESE GUIDELINES ITS FAIR INFORMATION VALUES, A COPY OF WHICH A I.99 FOUT,%AlltbUR WEBSITE AT WWW.FIRSTAM.COM. TYPES OF INFORMATION • • • S. DEPENDING UPON WHICH OF OUR SERVICES YOU ARE UTILIZING, THE TYPES OF NONPUBLIC PERSONAL INFORMATION THAT WE MAY COLLECT INCLUDE: INFORMATION WE RECEIVED FROM YOU ON APPLICATIONS, FORMS AND IN OTHER COMMUNICATIONS TO US, WHETHER IN WRITING, IN PERSON, BY TELEPHONE OR ANY OTHER MEANS; • INFORMATION ABOUT YOUR TRANSACTIONS WITH US, OUR AFFILIATED COMPANIES, OR OTHERS; AND INFORMATION WE RECEIVE FROM A CONSUMER REPORTING AGENCY. USE OF INFORMATION WE REQUEST INFORMATION FROM YOU FOR OUR OWN LEGITIMATE BUSINESS PURPOSES AND NOT FOR THE BENEFIT OF ANY NONAFFILIATED PARTY. THEREFORE, WE WILL NOT RELEASE YOUR INFORMATION TO NONAFFILIATED PARTIES EXCEPT: (1) AS NECESSARY FOR US TO PROVIDE THE PRODUCT OR SERVICE YOU HAVE REQUESTED OF US; OR (2) AS PERMITTED BY LAW. WE MAY, HOWEVER, STORE SUCH INFORMATION INDEFINITELY, INCLUDING THE PERIOD AFTER WHICH ANY CUSTOMER RELATIONSHIP HAS CEASED. SUCH INFORMATION MAY BE USED FOR ANY INTERNAL PURPOSE, SUCH AS QUALITY CONTROL EFFORTS OR CUSTOMER ANALYSIS. WE MAY ALSO PROVIDE ALL OF THE TYPES OF NONPUBLIC PERSONAL INFORMATION LISTED ABOVE TO ONE OR MORE OF OUR AFFILIATED COMPANIES. SUCH AFFILIATED COMPANIES INCLUDE FINANCIAL SERVICE PROVIDERS, SUCH AS TITLE INSURERS, PROPERTY AND CASUALTY INSURERS, AND TRUST AND INVESTMENT ADVISORY COMPANIES, OR COMPANIES INVOLVED IN REAL ESTATE SERVICES, SUCH AS APPRAISAL COMPANIES, HOME WARRANTY COMPANIES, AND ESCROW COMPANIES. FURTHERMORE, WE MAY ALSO PROVIDE ALL THE INFORMATION WE COLLECT, AS DESCRIBED ABOVE, TO COMPANIES THAT PERFORM MARKETING SERVICES ON OUR BEHALF, ON BEHALF OF OUR AFFILIATED COMPANIES, OR TO OTHER FINANCIAL INSTITUTIONS WITH WHOM WE OR OUR AFFILIATED COMPANIES HAVE JOINT MARKETING AGREEMENTS. FORMER CUSTOMERS EVEN IF YOU ARE NO LONGER OUR CUSTOMER, OUR PRIVACY POLICY WILL CONTINUE TO APPLY TO YOU. CONFIDENTIALITY AND SECURITY WE WILL USE OUR BEST EFFORTS TO ENSURE THAT NO UNAUTHORIZED PARTIES HAVE ACCESS TO ANY OF YOUR INFORMATION. WE RESTRICT ACCESS TO NONPUBLIC PERSONAL INFORMATION ABOUT YOU TO THOSE INDIVIDUALS AND ENTITIES WHO NEED TO KNOW THAT INFORMATION TO PROVIDE PRODUCTS OR SERVICES TO YOU. WE WILL USE OUR BEST EFFORTS TO TRAIN AND OVERSEE OUR EMPLOYEES AND AGENTS TO ENSURE THAT YOUR INFORMATION WILL BE HANDLED RESPONSIBLY AND IN ACCORDANCE WITH THIS PRIVACY POLICY AND FIRST AMERICAN'S FAIR INFORMATION VALUES. WE CURRENTLY MAINTAIN PHYSICAL, ELECTRONIC, AND PROCEDURAL SAFEGUARDS THAT COMPLY WITH FEDERAL REGULATIONS TO GUARD YOUR NONPUBLIC PERSONAL INFORMATION. PAGE 8 Preliminary Report 40 • OR-2125201 TITLE OFFICER - ROGER C. REIMER NOTICE 11 SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY (ITLE • INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HAI I L•j96i rUNDS ::AIO • • ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITM 'FeNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. TI4I64"ATIUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THC CASE OF CASHI!It'S• CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AWID• UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CVTIn•S•CHECKS,PD..CERTIFIED CHECKS WHENEVER POSSIBLE. • • • IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. **6606 *000 ssrtsssrtssssss NOTICE IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: 1. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY 'S, ACCOUNTANT 'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE 9 UUI'LiiE= SHEET J OF J SHEETS ALL Or 1£NTAIIYETRACT NO 75734 16 LOTS ANO 7 LETTERED LOTS 5840 ACRES DATE Or SLRLEN APR IL 1997 SCALE W FEET JO 100 I_ ISO I IIIt I 90 r0 SPN( PER 41/5 91 -7000 RCLN'W/SMD TO 75( 011 OF NLw 7040704 B(AC5 /AAG SCC 19 155, R IIw 769/05-J6 - - - - - - - - - - - - - - - - - - - - - A •82045 ' I Je250 870 x00w0 I JO (• 1266 Rn7;6,\U Iij95110(0E)\ ! LOT B gI ^8 0242 AC-I A M1 .I e 8 oI°'t .8 T1g, Z JI 62• $A SN 0 x8949JI W 10450 l i Y (3^l 60 Ir 0 a D 'I to 9 A 9•pA =2"12 66 1J 8 y%'W 12285' °IaJ ' y EASEMENT NOTES. TRACT NO. 15734 IN THE CITY OF HUN77NGTON BEACH. ORANGE COUNTY, CALIFORNIA MAY 1999 JAMES F. CILLEN, L.S. 5557 HUITT-ZOLIARS C4..WARNER AVENUE TO 701 00500157 / MK BARvu wiz n-loon w5l 169/ 25-36 ACCEPTED AS N( CO9 PRAC SIC 29. 655 0771W e 1 f8 J -sl• ! ,• 8 • •a°h A0. 86 IV M. V 35 36 C/L LOS PATOS AVENUE • Nen71J2w (bba l9 ) (66023) 2• 63•iCaJ9>5 N897172 1 639 el ' R • • • • 20.OIL_=_.5122 _•-70893.729)- - -P -JTT76 •-LAbaU WPAP4 802250 ST 4 6000 1200 1.00 02170 ' 60.00 6776'r LOT A 8 1 aD 5892132'W8 R -Za D m Intl xSEX w a I/a"ALL 4 Ac7104;asr m -1 car sr m e arr• • • • •L •S 17005 70 EXCEPTAAI 75- A 97_700.0 4158 169/•000'700305 73775 AroR0100 BY MC 50 11-J6 ACCEPRO AS B /ND ••4SEN IN( -Cp/ISSMV. Aa[ NFaCBV03.3.(70 rCp 70x0 EtY UNC NE IS a 2 J 8 C/L SYELBURNE58977 JSY - 296 JJ• C ( V 76 0897732 "w 278 JI• 'TOO.6010 QZA2" 0584 211.36' ro 0 5 h 6 1 4 e t e N; 6 8; ^ 90 I X80 of ^ I 4r 5r d3. r 590 I' 34 LP'0 L J0 16 f 60• DRIVE a 18703 SeT 61 D 66 v0. 1_rl ^I I•'. J 0S- E[") 2 \ Ns 711977 r-'r e I°i I'N 91 w Iz-7i s7--nl 0.8]2 '01'\ I qs10?J9' ti,JIw aro'8 8 8 i-4s(i: L-Ilia' B ^ • 16 a 15 h ^ 14 £ 5e9v97r•w 70577' • • ^lL N89193I'w 10250'°R ° 112, 2 _N69Y9J1'W 10130' - S n 0 {J7 D0 Dio Ac.g g1r LA s oGZ LOT C 8 12 8I °r0 0 394 AC 26" 2e 702 4_ N ° ry a C x x0919 J1"w 11149" ;Tai Ne9'19'JI'w 10130' 7 LOT C 11,7020165 AC 7670 (' F• 8 11 .~ xe9.pn"w 8 yj I6J a9' Ioa DRIVESAMOAU Re9Y9JI'w 10150' UZ $^SrR L 10 °T >5e9n'JI'w rr5 n 'a 1°q M1 LQT R S. 3. g 8 u ° 0 110 AC C 574071 (M 7200038 71519• R g ^• • ti• Y_ 1'11 U_I 2 \I 321(• ((32100)) ~ 618938 307 321 Oe' pp..\ o. /D O IMN4 x03.0 F(CQRO 817070070 88'2>\_ •3.T;A 253.705[1 PAW 61 w CMSCR OF -P- W PARCEL I OF-496 0/6 ) 041 AM [£411 OF COUP CC7MC T OF CIRAPL/ANLL s I 6 I J"5q CC 92_01 n0. CC 92-OI , NSIRUxCNT J N0. 92-389151 QR 8 8EASEMENT r8. 577710 WATER SUwEACY MAMA ANO EWRCCLICr ACCESS PIMPOSCS OCaCA IEO TCI INC E CITYOF 7024050705 6(401 100RE0x O 0407705/ r0 000310 r 00010(50 PER 9000 736148PACE 961 OF OFFICIAL 5(CMOS CASEMENT TO OIT Orr IF 3070700 0(3041 700 STRICT 000 RLSLM OIUIY PLMPOS(S PER 6000 11991, PACE 1508 OF 0 740AL 8(00005 ACCESS EASEMENT N MC700O4T N WAFER LNSROCr O PER 045730.2157 610 19930470166 OF 0•PICIAL RCCLwOC ©1969 047678 OFD L REC0iR 557000[x3. NaCASEMENT 709 WALKWAY PTJRPOSCS OCOOL TEO TO M(O Orr OF 30.94050730 erAC97 NER(M 0 078100 NIRJIY CAISMNT OEpCA 760 TO 4700 Orr OF O 774217770 605 &7000 97(41(30 . 5' I.9 / 36 (70511053. 00117 751 054703.7 5751(70 01TI.w SAID _Cr 061 TOW PW Ah9 1161 OEPARM1[xr ACCESS 0(0(47(0 70 TIKOh' O 704.01 SAC ION 8(301 0(0(30 ACO'SS 010575 N, 05(0 309055 Lid 20.0 03040401 77,0 9577476 O 'WETS 9974104 SA0 /RACE (09 010 PURPOSE OF MANTAO,W/a 5705050 OEAN103 8(PAWNO 61.0 R(PLACLVC 010 -AMA SYSRY AS 0(0[70760 TO 100 Olr OF MRNIOTLNI 0CAO4 NOTES LOT A 5 709 LAAOSCAPNO RRIPOSCS 450 IS ROTA 5PARA7C61•IONC 976 LOINS 770704107 C AND LOT 0 ARE 709 57091E 0(110 51(57Or E IS TOR 99773 0 s75Cr7 0.07'4765 0C39MC0 450 9(0300RCR 035 97-1004 AS. 799125-3e , 1.94.153 0771ER NSF 5080 ( )5.07[70763 41[[0'0 Prw R 55 92/19-26 (( 1) NCLY 445 0(0075 HA (tSr CY L'OIP 50 CC 92-01 CURIE DATA: O 0.8931'01' 17-51(• L-5595' O 0.93030'9.1100 .1.733• Oj 0-1094101' R-66 00 ' L-12119' DO O 4-697201' 8-7500• L-2114' OD p-9760 7- 8-54700.1-5221 O 8.27637 41.117 OW 1-24 43' NOTES (mvr) 0 8 0 8 bz I r COURSE DATA: I cp 7: R NOR 49''37'00 ITS,. ° °EI O\° g Q 61076283. 515 bO O 30894!J7W1100 ' •.^I RI MY (] NRY1r71'w 127,' 'I] x039203. 975 \\ / ©74050293. 70600' \J Q I [] (56958'303.15006) \ I] (xe9J5 'JSV 219250) \ I Q (Ne3.40•nt 96.987 \. I I ® 00958JOT 2100' Q 55958'303. 44562 N45v 05•w 531 M' 30410£0©)-C,_ TO PER w 97-5000 fj2 I JJPC. 5(7740). ACLU R(CCRO DC307790 r DISTANCE (STAR IPER R/S l7-7004 R SB 788/2s-J5 ALL LMCLRAR ACCESS 070570 40 60.57 CMG $70[1[. ECQ96 AT L(ARLNS 317970100 BY RK RA30NIC (00 55944. AR( 1000(07 171113500 2140 (40100555(0 40 04 077 W INNIN0T30 /[204 ME 903.1 2709 YONA0057 507(0 BARS OF WAS-'S DAMN SI 700017 . AND OCS O+5 60ANOARY DON75Cr OAP. First American Title Insurance Company THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE I 0 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or nor shown by the records of such agency or by the public records.:'....2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.*00000 :...:. 3. Easements , liens or encumbrances, or claims thereof, which are not shown by the public records. . • . 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct suRi2y Muld disclose, and which are not shown by the public records. •..... 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; l) ?,ate'rights , cl%i r & r title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. •.,,.... EXCLUSIONS FROM COVERAGE ' • . :.'' .... The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinance,'80r'r94jlationsj T&trlCiing, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locationo•e .y improversividiow or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land it or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that.a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land h1ls b2bA recorded in the public records at Date of Policy. )b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business' laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 3. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER 'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B [his policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 'art One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMEVN LAND TITLE ASSOCIATION LOAN POLI 1970 WIT A.L.T.A. ENDORSEMENT FORM 1 COVERA SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent jo Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded hIrtifr6 !!o assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner•of th indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. • • •00 00 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAlFXGEPTIONS' When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the:Y41L ions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.•""•Vee SCHEDULE B • • This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:•••••• •••• Part One: • • • • 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or%Sstlsments on•oebprope rty 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 obsaid laud or by making inquiry of persons in possession thereof.• • • 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 5. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 3. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. 0 SCHEDULE B 9 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE :**ego • The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damtl".tens, atto eyst. fees or expenses which arise by reason of: • • ego• 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locatiod tt'I V.improverrj 1n4 row or hereafter erected on the land, (in) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the landis or w4p a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, excT jig the extent tlfbt a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affe•tmg tho land has 6eep4ecorded in the public records at Date of Policy. • 0 • (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof.or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. • 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Poliiy,Jt,pot exclud"jrom coverage any taking which has occurred prior to the Date of Policy which would be binding on the rights of a purchaser for value without kri wledgef • 3. Defects, liens, encumbrances, adverse claims, or other matters: •*see (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 disslofe1,i writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or In) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: art One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 1. Failure to pay value for your title. i. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Form No. 1491.EAGLE (10/98) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER 'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation), 15 (Building Permit), 16 (Zoning) and 18 (Encroachment of boundary was or fences) are Subject to Deductible Amounts and Maximum Dollar Limits of Liability • e • • • • • • • • • • EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances! Wws pitd regulatioRso"cerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection *9 9• •••••• •••• so 0 This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Publicfdi cords at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 1.Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land This Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any, law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations ) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the I Mortgage, or claim thereof, which arises out of the t0tion evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or • • (ii) of such recordation of impart notice to a purchaser for value or a judgment or lien creditor . i • • • • • 8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifjgpy%ns mac;,4V CVie Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this pplj'dy,, Tpis exclusion does not limit the coverage provided under insuring provision 7. • 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and ill lhtel st charidR1•tIhOreon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: •••• (a) The time of the advance; or 000000 0000 (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if t%e rate of interest s greater as a result of the modification than it would have been before the modification.• 0000 This exclusion does not limit the coverage provided under insuring provision 7. • • •••••• •••••• • •••• SCHEDULEB :•• •••• This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of. 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. i. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. i. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 'art Two: 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.