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HomeMy WebLinkAbout20210503_ApplicationCommunity Development Department Planning Permit Application CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Planning Permit Application - CDP added.docx Rev: 01/24/17 1. Check Permits Requested: Approval-in-Concept - AIC # Lot Merger Staff Approval Coastal Development Permit Limited Term Permit - Tract Map Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study Coastal Residential Development Modification Permit Use Permit -Minor Conditional Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit Comprehensive Sign Program Planned Community Development Plan Variance Development Agreement Planned Development Permit Amendment -Code PC GP LCP Development Plan Site Development Review - Major Minor Other: Lot Line Adjustment Parcel Map 2. 3. Project Description and Justification (Attach additional sheets if necessary): 4. Applicant/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 5. Contact/Company Name Mailing Address Suite/Unit City State Zip Phone Fax Email 6. Owner Name Mailing Address Suite/Unit City State Zip Phone Fax Email 7. P *: (I) (We) depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s): ________________________________ Title: Date: DD/M0/YEAR Signature(s): ________________________________ Title: Date: *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Parcel/Tract Map and Lot Line Adjustment Application must be notarized. X X 3432 Via Oporto, Newport Beach APN: 423-123-05 Permit to serve beer, wine and distilled spirits for on-site consumption (ABC Type 47 License) at an existing restaurant that currently serves beer and wine (ABC Type 41 License). Bear Flag Restaurant Group, Attn: Thos Carson 407 31st Street Newport Beach CA 92663 (949) 673-1635 Steve Rawlings c/o Rawlings Consulting 26023 Jefferson Avenue D Murrieta CA 92562 (951) 667-5152 ser@rawlingspm.com DJM ARC LIDO, LLC 60 S Market Street 1120 San Jose CA 95113 DJM ARC LIDO, LLC Signature(s): PA2021-107 □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Project Address(es)/Assessor's Parcel No(s) roperty Owner's Affidavit Digitally signed by Amber Wesley ON: C=US, E=awesley@djmcapital.com, Amber Wesley O=DJMCapital,CN=AmberWesley Reason: I am approving this document Date: 2021.03.09 16:19:49-08'00' Please note, the owner(s)' signature for □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ I awesley@djmcapital.com I Development Manager 103/09/2021 I:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\Office Use Only Form Updated 01/27/2020 2700-5000 Acct. Deposit Acct. No. ________________________ For Deposit Account: Fee Pd: _______________________________________ Receipt No: ____________________________ FOR OFFICE USE ONLY Date Filed: _______________________ APN No: __________________________ Council District No.: _________________ General Plan Designation: ____________ Zoning District: _____________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ Remarks: ________________________________________________________________________________________ Circle Hook – 3432 Via Oporto Project Description March 10, 2021 Proposed Use: Permit to sell beer, wine and spirits for on-site consumption (ABC Type 47) at an existing restaurant that has been selling beer and wine since 2018. Store Hours of Operation: 9:00 a.m. – 10:00 p.m. Security Measures/Training: Circle Hook has 13 indoor and 3 outdoor surveillance cameras. Employees will go through Responsible Beverage Sales Training program through an ABC approved provider. Average number of employees per shift: 5 - 10 PA2021-107 Circle Hook – 3432 Via Oporto Statement of Justification 3/10/21 The use is consistent with the purpose and intent of Section 20.8.030 (Alcohol Sales) of the Zoning Code. i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One Crimes Rate for the City and adjacent districts. The crime rate in RD15 is _____ percent above the Citywide reporting district average. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-residential to residential uses. While the area does have a high concentration of alcohol licenses, the findings can be made despite higher concentrations of crimes and Lido Marina Village was designed to accommodate restaurants. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. 2. The Police Department will review the proposal and will provide a recommendation. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. The total number of alcohol-related calls for service, crimes, or arrests in RD 15 is --------- than RD 13, RD 16 and 25. The subject property has __ calls for service. The Police Department has reviewed the proposal and has recommended _________________. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The subject property is located in a mixed-use district where residential development is permitted above the first floor. However, Lido Marina Village does not include any residential development and there are no plans to add mixed-use. 2. A mixed-use development that includes two residential units is located approximately 375 feet to the south along Via Oporto. Residential properties are located approximately 430 feet to the west across Newport Boulevard. Additionally, multi-family residential development is located 625 feet northeast of the Property across Newport Harbor. 3. The nearest place of recreation, the beach, is located approximately one-half mile to the west. The nearest church, St. James Episcopal Church, is located 1,050 feet to the south of the subject property along Via Lido. The nearest school, Newport Elementary School, is located approximately one mile to the southeast along West Balboa Boulevard. The project site is not located in close proximity to a daycare center. The proposed use is otherwise surrounded by other commercial retail and office uses. PA2021-107 4. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas. 5. Eating and drinking establishments with incidental alcohol service are common in Lido Marina Village and the proposed ABC license in conjunction with an early closing hour is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community iv. The proximity to other establishments selling alcoholic beverages for either off-site or onsite consumption. 1. The Lido Marina Village was designed to accommodate multiple restaurants and the proposed restaurant is expected to be located in close proximity to other food service establishments. This includes a recently approved application for Nobu, a food service with late hours, outdoor dining, and a Type 47 (On Sale General) alcohol license located at 3450 Via Oporto. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one license for every 69 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the proposed restaurant is located in close proximity to other establishments, the location in Lido Marina Village, an established commercial area, together with the proposed operational characteristics would make the service of alcoholic beverages appropriate. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. The existing commercial building within Lido Marina Village underwent major renovations in 2014. Circle Hook took over the existing space and constructed tenant improvements in 2018. All improvements are in compliance with Building and Fire Code requirements. 2. The project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions are recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The existing hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 10 p.m., daily, which will ensure the use does not become a late-night bar, tavern, or nightclub. 4. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training PA2021-107 The use is consistent with the General Plan and any applicable specific plan. 1. The MU-W2 (Mixed-Use Water Related) General Plan and CLUP land use designations apply to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Although the subject property and surrounding development does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor-serving land uses intended for the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan and CLUP. 2. The requested outdoor dining patio hours are compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for “a pedestrian-oriented village environment that reflects its waterfront location, providing a mix of uses that serve visitors and local residents.” The proposed outdoor dining patio provides an amenity for coastal visitors to enjoy the bay frontage. 3. Land Use Element Policy LU5.2.2 (Buffering Residential Areas) suggests that commercial uses adjoining residential neighborhoods should be designed to be compatible and minimize impacts to these uses. There is no dancing or live entertainment proposed and the only music will be ambient or background music. 4. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis provided by the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Use Permit No. UP2014-014) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. 5. Pursuant to Coastal Land Use policies the project will provide public access via a public walkway along the water front with a width of minimum 6-feet along bay and vertical. 6. The subject property is not a part of a specific plan area The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code 1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments classified as Food Service, Late-Hours require the approval of conditional use permit within the MU-W2 (Mixed-Use Water Related) Zoning District. 2. Section 20.48.090.F.3.b (Eating and Drinking Establishments, Outdoor Dining) also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio closing hour of 10 p.m., daily, will minimize noise impacts to residents located across Newport Harbor. 3. The proposed use and required parking is consistent with the Lido Marina Village Parking Management Program authorized under Use Permit No. UP2014-014. 4. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. PA2021-107 5. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing establishment will support local establishments within Lido Marina Village and improve the pedestrian streetscape. The design, location, size and operating characteristics of the use are compatible with the allowed uses in the vicinity. 1. The commercial space is being improved with a new kitchen, a small dining area, and a small outdoor dining area. There is an existing common restroom shared between first floor suites. The existing infrastructure is adequate to accommodate the new eating and drinking establishment. The location is compatible with other commercial uses in the area and serves as a key restaurant anchor within Lido Marina Village. The eating and drinking establishment also serves as an important visitor-serving use that benefits the area, which is in furtherance of the City’s Coastal Land Use Plan and the Coastal Act. 2. The subject property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant number of walk-in patrons. No on-site parking is available for the subject property but adequate parking is provided in the Lido Marina Village parking structure and adjacent streets (Central Avenue and Via Oporto) as authorized under the approved Parking Management Program for Lido Marina Village (Use Permit No. UP2014-014). 3. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate 20 interior seats and 10 outdoor dining patio seats. The hours of operation have been limited to stagger and minimize the demand for police services in the area. The applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 47 (On Sale General) alcohol license so that the restaurant’s primary use is an eating and drinking establishment and not a bar, lounge, or night club. Live entertainment is not permitted. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). The site is physically suitable in terms of design, location, shape, size, operating characteristics and the provision of public and emergency vehicle access and public services and utilities. 1. The project site is located within an existing commercial building with the space previously used for retail. The interior construction for the small-scale establishment includes a new kitchen and dining area, and an outdoor dining area. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. 2. Adequate public and emergency vehicle access, public services, and utilities are provided for on-site. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize or otherwise constitute a hazard to the public convenience, health, interest, safety or general welfare of persons residing or working in the neighborhood of the proposed use. PA2021-107 1. The tenant improvements to the existing commercial building should have a positive impact on the area and may promote further revitalization of commercial properties located in Lido Marina Village. The eating and drinking establishment will serve the surrounding community. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Turning music at the patio off at 10 p.m. will ensure the restaurant will remain in compliance with Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to surrounding land uses and sufficient parking is available in the area to accommodate the eating and drinking establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. PA2021-107 PA2017-189PA2021-107 Circle Hook Fish Co. Menu PA2017-189PA2021-107 Circle Hook Fish Co. Menu 8£!.eetizers: Wonton poke tacos $12 Thai Coconut clams & mussels $10 Shrimp cocktail $12 Fried calamari $8 Shishito peppers $6 Mini skewers $10 Oysters on the half shell $15 BBQ Oysters Entrees: choice of 2 sides Whole Fish -Catch of the day $18 Fried, Steamed or Grilled Fish & Chips $14 local Cod or Catch of the Day Coconut Shrimp & Chips $ 15 Assorted Tempura $1 2 Soba Noodles $9 Soups & Salads: Crunchy Asian Chop $12 Brussel & Kale Chop $12 Clam Chowder $8 Crab Bisque $10 Mixed Greens $10 Miso $4 PA2017-189PA2021-107 Kids Men_1.1 8t Sides: @ $6 Tempura Chicken Fingers French Fries Steamed Veggies Wild Rice Coleslaw Hand cut fries Asian Coleslaw Steamed veggies Tempura Veggies Soba Noodles Order Number: NCS-1030472-SC Page Number: 1 First American Title Insurance Company Amended 11/16/2020 First American Title Insurance Company National Commercial Services 333 W. Santa Clara Street, Ste. 220 San Jose, CA 95113-1714 October 14, 2020 David R. Pascale, Jr. George Smith Partners, Inc. 10250 Constellation Blvd Ste 2700 Los Angeles, CA 90067-6250 Phone: (310)867-2976 Fax: (310)557-1276 Customer Reference: APN 423-123-03, 04, 05, 06, 07 and 08, 423-121- 06 Title Officer: Michael D. Hickey Phone: (408)451-7905 Fax No.: E-Mail: mhickey@firstam.com Escrow Officer: Carol M. Herrera Phone: (408)451-7829 Borrower: Lido Group Retail, LLC Property: 3636 Newport Boulevard, 3400-3505 Via Oporto and 3418-3424 Via Lido and 3434-3444 Via Lido, Newport Beach, CA PRELIMINARY REPORT 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 and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title PA2021-107 Order Number: NCS-1030472-SC Page Number: 2 First American Title Insurance Company Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting 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. PA2021-107 Order Number: NCS-1030472-SC Page Number: 3 First American Title Insurance Company Dated as of October 7, 2020 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Extended Loan Policy (2006) 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: Lido Group Retail, LLC, a California limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: A leasehold estate as created by that certain unrecorded lease dated January 2, 1966, executed by Calvin G. Rohrs and Arlene L. Rohrs, husband and wife as lessor and James W. Berkshire and Pauline P. Berkshire, husband and wife as lessee, as disclosed by a Ground Lease recorded January 4, 1966 as Book 7797, Page 653 of Official Records, as to Parcel B; A leasehold estate as created by that certain unrecorded lease dated December 2, 1971, executed by Harry M. Kelso as lessor and Donald M. Koll, a married man, as his sole and separate property as lessee, as disclosed by a Lease (Short Form - Memorandum) recorded December 10, 1971 as Book 9921, Page 859 of Official Records, as to Parcel C; A leasehold estate as created by that certain unrecorded lease dated June 1, 1973, executed by Earl G. Sawyer and Eleanor B. Sawyer, husband and wife as lessor and Donald M. Koll and Dorothy B. Koll, husband and wife as lessee, as disclosed by a Ground Lease (Short Form) recorded June 6, 1973 as Book 10736, Page 326 of Official Records, as to Parcel D; A leasehold estate as created by that certain unrecorded lease dated June 1, 1973, executed by Earl G. Sawyer and Eleanor B. Sawyer, husband and wife as lessor and Donald M. Koll and Dorothy B. Koll, husband and wife as lessee, as disclosed by a Ground Lease (Short Form) recorded June 6, 1973 as Book 10736, Page 342 of Official Records, as to Parcel F; The Lessee's interest in all of the above Leases has been assigned to Lido Group Retail, LLC, a California limited liability company by Assignment of Ground Leases recorded May 30, 2013 as Instrument No. 2013000327613 and by intervening assignments recorded May 30, 2006 as Instrument No. 2006000362434 and May 23, 1990 as Instrument No. 90-277175, all of Official Records. Fee Simple as to Parcels A, H through L An Estate for a Term of Years as to Parcels E and G 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: PA2021-107 Order Number: NCS-1030472-SC Page Number: 4 First American Title Insurance Company 1. This item has been intentionally deleted. 2. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $61,429.15, PAYABLE Penalty: $0.00 Second Installment: $61,429.15, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-03 3. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $22,730.43, PAYABLE Penalty: $0.00 Second Installment: $22,730.43, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-04 4. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $18,261.16, PAYABLE Penalty: $0.00 Second Installment: $18,261.16, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-05 4A. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $47,835.25, PAYABLE Penalty: $0.00 Second Installment: $47,835.25, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-07 4B. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $23,685.07, PAYABLE Penalty: $0.00 Second Installment: $23,685.07, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-08 4C. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $18,261.16, PAYABLE Penalty: $0.00 Second Installment: $18,261.16, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-06 4D. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $4,486.83, PAYABLE PA2021-107 Order Number: NCS-1030472-SC Page Number: 5 First American Title Insurance Company Penalty: $0.00 Second Installment: $4,486.83, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-121-06 4E. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $28,235.10, PAYABLE Penalty: $0.00 Second Installment: $28,235.10, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-01 4F. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $36,328.86, PAYABLE Penalty: $0.00 Second Installment: $36,328.86, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-02 4G. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $21,575.13, PAYABLE Penalty: $0.00 Second Installment: $21,575.13, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-03 4H. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $14,266.47, PAYABLE Penalty: $0.00 Second Installment: $14,266.47, PAYABLE Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-11 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 6. Water rights, claims or title to water, whether or not shown by the public records. 7. The conditions, restrictions, limitations, powers, duties, trusts, reversionary rights, and other rights created or reserved in the Legislative Grant pursuant to Chapter 74 of the Statutes of 1978, and in any subsequent amending statutes affecting tide and submerged lands granted to the City of Newport Beach and/or County of Orange. (Affects all Parcels) 8. Any rights in favor of the public which may exist on said land for access, parking, beach or recreational uses, if said land or portions thereof were at any time used by the public for such PA2021-107 Order Number: NCS-1030472-SC Page Number: 6 First American Title Insurance Company purposes. (Affects all Parcels) 9. An easement shown or dedicated on the map filed or recorded September 19, 1928 as Tract No. 907 in Book 28, Pages 25 through 36 of Miscellaneous Maps For: Public utilities and incidental purposes. (Affects Parcels A, B, C, D, F and H) 10. An easement for storm drains and incidental purposes in the document recorded April 17, 1940 as Book 1045, Page 73 of Official Records. (Affects Parcels F and G) 11. Covenants, conditions and restrictions in the document recorded August 26, 1941 as Book 1106, Page 332 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. (Affects Lots 1121 and 1122 of Parcel B) 12. An easement for public utilities and incidental purposes, recorded February 20, 1948 as Book 1622, Page 120 of Official Records. In Favor of: Southern Counties Gas Company of California Affects: Parcel J Portions of said easements were quitclaimed by an instrument recorded June 26, 1973 in Book 10770, Page 370 of Official Records. 13. An easement for supplying or distributing telephone service and electricity for domestic or industrial use, sanitary sewer pipe lines, manholes and other appurtenances for the purpose of conveying domestic or industrial sewage and incidental purposes, recorded May 21, 1951 as Book 2191, Page 208 of Official Records. In Favor of: City of Newport Beach Affects: Parcel J Portions of said easement have been vacated by Resolution No. 8055 recorded July 31, 1973 in Book 10828, Page 413 of Official Records. 14. An easement for public utilities and incidental purposes, recorded October 24, 1951 as Book 2245, Page 511 of Official Records. In Favor of: Southern California Edison Company Affects: Parcel J PA2021-107 Order Number: NCS-1030472-SC Page Number: 7 First American Title Insurance Company 15. Covenants, conditions and restrictions in the document recorded September 25, 1952 as Book 2387, Page 547 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. (Affects Parcel I) The terms and provisions contained in the document entitled " Property Restriction Agreement" recorded July 20, 1965 as Book 7598, Page 995 of Official Records. 16. An easement for public utilities and incidental purposes, recorded October 7, 1955 as Book 3237, Page 559 of Official Records. In Favor of: Southern Counties Gas Company of California Affects: Parcel J 17. Covenants, conditions, restrictions and easements in the document recorded September 17, 1973 as Book 10902, Page 724 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. (Affects Parcels C through H, and J) 18. An easement for pedestrian ingress, egress and incidental purposes, recorded February 25, 1974 as Book 11081, Page 1620 of Official Records. In Favor of: City of Newport Beach Affects: Parcels C through H 19. An easement for public utilities and incidental purposes, recorded June 10, 1974 as Book 11166, Page 1946 of Official Records. In Favor of: Southern California Edison Company Affects: Parcels D, E and J 20. An Off-Site Parking Agreement dated October 1, 1974, recorded December 3, 1974 in Book 11298, Page 124 of Official Records, executed by and between Donald M. Koll and the City of Newport Beach, a municipal corporation, pertaining to parking rights, upon the terms, covenants and conditions therein provided. (Affects Parcel A) Note 1: The interest of Donald M. Koll has since passed to Traweek Investment Fund No. 12, Ltd., a California limited partnership by an instrument recorded October 22, 1981 in Book 14264, Page 1746 of Official Records. PA2021-107 Order Number: NCS-1030472-SC Page Number: 8 First American Title Insurance Company Note 2: The interest of Marvin Engineering Co., Inc., a California corporation has since passed to WREC Lido Venture LLC, a Delaware limited liability company pursuant to the terms and provisions contained in a "Assignment of Parking Agreements, Joint Use Agreements and Off-Site Parking Agreements" recorded May 30, 2006 as Instrument No. 2006000362436 of Official Records. 21. An Off-Site Parking Agreement dated July 29, 1975, recorded August 4, 1975 in Book 11474, Page 924 of Official Records, executed by and between Donald M. Koll and the City of Newport Beach, a municipal corporation, pertaining to parking rights, upon the terms, covenants and conditions therein provided. (Affects Parcels C through H) Note 1: The interest of Donald M. Koll has since passed to Traweek Investment Fund No. 12, Ltd., a California limited partnership by an instrument recorded October 22, 1981 in Book 14264, Page 1760 of Official Records. Note 2: The interest of Marvin Engineering Co., Inc., a California corporation has since passed to WREC Lido Venture LLC, a Delaware limited liability company pursuant to the terms and provisions contained in a "Assignment of Parking Agreements, Joint Use Agreements and Off-Site Parking Agreements" recorded May 30, 2006 as Instrument No. 2006000362436 of Official Records. 22. All abutter's rights of access appurtenant to Parcel I adjoining Newport Boulevard were released and relinquished to the State of California in the Final Order of Condemnation, Superior Court Case No. 667537, a certified copy of which was recorded November 20, 1997 as Instrument No. 19970592944 of Official Records. 23. A Deed of Trust to secure an original indebtedness of $51,330,000.00 recorded April 22, 2014 as Instrument No. 2014000153551 of Official Records. Dated: April 22, 2014 Trustor: Lido Group Retail, LLC, a California limited liability company Trustee: First American Title Insurance Company, a California corporation Beneficiary: Lido Lender, LLC, a Delaware limited liability company Affects: The land and other property. The terms and provisions contained in the document entitled "Memorandum of Agreement" recorded November 30, 2015 as Instrument No. 2015000608803 of Official Records. The Deed of Trust/Mortgage was partially reconveyed as to other property by instrument recorded March 11, 2016 as Instrument No. 2016000102993 of Official Records. The terms and provisions contained in the document entitled "Second Memorandum of Agreement" recorded November 22, 2016 as Instrument No. 2016000592240 of Official Records. The terms and provisions contained in the document entitled "Third Memorandum of Agreement" recorded August 24, 2017 as Instrument No. 2017000360178 of Official Records. The terms and provisions contained in the document entitled "Fourth Memorandum of Agreement" recorded October 24, 2019 as Instrument No. 2019000418732 of Official Records. 24. This item has been intentionally deleted. PA2021-107 Order Number: NCS-1030472-SC Page Number: 9 First American Title Insurance Company 25. This item has been intentionally deleted. 26. An easement for public utilities and incidental purposes, recorded December 22, 2015 as Instrument No. 2015000643599 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: Parcels J and K 27. The terms and provisions contained in the document entitled "Parking License Agreement" recorded March 11, 2016 as Instrument No. 2016000102996 of Official Records. 28. The terms, provisions and easement(s) contained in the document entitled "Easement Reservation for Private Water Easement" recorded November 10, 2016 as Instrument No. 2016000570974 of Official Records. (Affects Parcels A through H) 29. The terms, provisions and easement(s) contained in the document entitled "Easement Reservation for Private Water Easement (6.80 Wide)" recorded November 10, 2016 as Instrument No. 2016000570975 of Official Records. (Affects Parcels J and K) 30. The terms, provisions and easement(s) contained in the document entitled "Easement Reservation for Private Sewer Easement on 3404 and 3408" recorded November 10, 2016 as Instrument No. 2016000570976 of Official Records. (Affects Parcels A through H) 31. An easement for public utilities and incidental purposes, recorded January 4, 2017 as Instrument No. 2017000003163 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: Parcel J 32. An easement for public utilities and incidental purposes, recorded January 4, 2017 as Instrument No. 2017000003164 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: Parcel H 33. The terms, provisions and easement(s) contained in the document entitled "Easement Reservation for No Build Easement" recorded January 31, 2017 as Instrument No. 2017000044865 of Official Records. (Affects Parcels A and B) 34. The terms, provisions and easement(s) contained in the document entitled "Easement Reservation for No Pedestrian Ingress and Egress Easement" recorded January 31, 2017 as Instrument No. 2017000044866 of Official Records. (Affects Parcels A and B) PA2021-107 Order Number: NCS-1030472-SC Page Number: 10 First American Title Insurance Company 35. The terms, provisions and easement(s) contained in the document entitled "Easement Reservation for No Private Sewer Easement on 3440" recorded January 31, 2017 as Instrument No. 2017000044867 of Official Records. (Affects Parcels A through H) 36. The terms and provisions contained in the document entitled "Parking Covenant Agreement" recorded April 3, 2017 as Instrument No. 2017000133762 of Official Records. (Affects all Parcels) 37. An easement for pipelines and incidental purposes, recorded June 12, 2017 as Instrument No. 2017000238266 of Official Records. In Favor of: Southern California Gas Company, a California corporation Affects: Lot 17 of Parcels F and G 38. An easement for public utilities and incidental purposes, recorded June 12, 2018 as Instrument No. 2018000213571 of Official Records. In Favor of: Southern California Gas Company, a California corporation Affects: Parcels E, G through L The location of the easement cannot be determined from record information. 39. A notice of nonresponsibility, executed by DJM Capital Partners, Inc., the management company for Lido Group Retail, LLC, recorded May 15, 2020 as Instrument No. 2020000220875 of Official Records. 40. A notice of nonresponsibility, executed by DJM Capital Partners, Inc., the management company for Lido Group Retail, LLC, recorded August 14, 2020 as Instrument No. 2020000410417 of Official Records. 41. Any statutory lien for labor or materials arising by reason of a work of improvement now in progress or recently completed. 42. Any failure to comply with the terms, provisions and conditions of the leases referred to herein. 43. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws. 44. The following matters disclosed by an ALTA/NSPS survey made by Fuscoe Engineering on October 22, 2020, last revised ________, 2020, designated Job No. 1257.001.002: a. the fact that the building overhang located on Parcel A of the Land (referenced as 3450 Via Oporto) encroaches over the northeasterly boundary line. (Shows as "Proposed easement for encroachment improvements") b. the fact that the building located on Parcel I of the Land (referenced as 3636 Newport Boulevard) encroaches over the northerly boundary line. (Shows as "Proposed easement for encroachment of building") c. the fact that the building overhang located on Parcel F of the Land (referenced as 3400 Via Oporto) encroaches over the Southeasterly boundary line. PA2021-107 Order Number: NCS-1030472-SC Page Number: 11 First American Title Insurance Company d. the fact that buildings located on Parcel D of the Land (referenced as 3416 & 3420 Via Oporto) encroach onto the public utility easement recorded shown on the Map of Tract No. 907 and the easement recorded June 10, 1974 in Book 11166, Page 1946 of Official Records. e. the fact that the building located on Parcel C of the Land (referenced as 3432 Via Oporto) encroaches over the Southwesterly boundary line. f. the fact that a building located on Parcel L of the Land (referenced as 3418 Via Lido) and the building overhang encroach over the Southwesterly boundary line. g. the fact that an adjacent building (referenced as 3430 Via Lido) encroaches over a Northwesterly boundary of Parcel L of the Land. h. the fact that a building located on Parcel J of the Land (referenced as 3505 Via Oporto) encroaches onto the easement recorded My 21, 1951 in Book 2191, Page 208 of Official Records. i. the fact that buildings located on Parcel J of the Land (referenced as 3434 Via Lido) encroaches onto the easements recorded February 20, 1948 in Book 1622, Page 120 of Official Records, May 21, 1951 in Book 2191, Page 208 of Official Records, October 24, 1951 in Book 2245, page 511 of Official Records, and December 22, 2015 as Instrument No. 2015000643599 of Official Records. j. the fact that the building located on Parcel K of the Land (referenced as 3444 Via Lido) encroaches onto the easement recorded November 10, 2016 as Instrument No. 2016000570975 of Official Records. k. the fact that the building (referenced as 3444 Via Lido) and the building overhang encroach over the Westerly boundary line. 45. Rights of parties in possession. 46. A notice of nonresponsibility, executed by DJM Capital Partners, Inc., the management company for Lido Group Retail, LLC, recorded October 7, 2020 as Instrument No. 2020000555646 of Official Records. 47. A notice of nonresponsibility, executed by DJM Capital Partners, Inc., the management company for Lido Group Retail, LLC, recorded October 7, 2020 as Instrument No. 2020000555647 of Official Records. PA2021-107 Order Number: NCS-1030472-SC Page Number: 12 First American Title Insurance Company INFORMATIONAL NOTES ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of recording on certain transactions effective January 1, 2018. Please contact your First American Title representative for more information on how this may affect your closing. 1. Supplemental taxes for the fiscal year 2020-2021 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $158.45, PAID Penalty: $0.00 Second Installment: $158.44, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-07.0100 2. Supplemental taxes for the fiscal year 2020-2021 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $377.42, PAID Penalty: $0.00 Second Installment: $377.42, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-07.0200 3. Supplemental taxes for the fiscal year 2020-2021 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $433.14, PAID Penalty: $0.00 Second Installment: $433.14, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-07.0300 4. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3636 Newport Boulevard, 3400- 3505 Via Oporto and 3418-3424 Via Lido and 3434-3444 Via Lido, Newport Beach, California. 5. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows: None 6. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. PA2021-107 Order Number: NCS-1030472-SC Page Number: 13 First American Title Insurance Company 7. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 8. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or PA2021-107 Order Number: NCS-1030472-SC Page Number: 14 First American Title Insurance Company instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 6. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company 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. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** PA2021-107 Order Number: NCS-1030472-SC Page Number: 15 First American Title Insurance Company LEGAL DESCRIPTION Real property in the City of Newport Beach, County of Orange, State of California, described as follows: PARCEL A: PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 63, PAGE 11 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: LOTS 1121 AND 1122, AND THAT PORTION OF LOT 1123 OF SAID TRACT NO. 907, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 28, PAGES 25 THROUGH 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1123; THENCE NORTHWESTERLY 26.05 FEET ALONG THE NORTHEASTERLY LINE THEREOF TO A POINT 120.00 FEET MEASURED THEREON FROM THE MOST EASTERLY CORNER OF SAID LOT 1121; THENCE SOUTHWESTERLY 40.00 FEET PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 1121; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 1123, DISTANT 92.50 FEET, MEASURED ALONG THE SOUTHWESTERLY LINES OF SAID LOTS 1121, 1122 AND 1123 FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1121; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE THEREOF TO THE MOST SOUTHERLY CORNER OF SAID LOT 1123; THENCE NORTHEASTERLY 99.54 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1123, TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LOT 1123 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED RECORDED JULY 17, 1952 IN BOOK 2357, PAGE 565 OF OFFICIAL RECORDS, SAID MOST WESTERLY CORNER BEING NORTHWESTERLY 92.50 FEET, MEASURED ALONG THE SOUTHWESTERLY LINES OF LOTS 1121, 1122 AND 1123, FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1121; THENCE NORTH 37° 47' 26" EAST, 69.93 FEET ALONG THE NORTHWESTERLY LINE OF SAID DEED TO AN ANGLE POINT IN SAID LINE; THENCE CONTINUING ALONG SAID LINE NORTH 62° 30' EAST 15.12 FEET; THENCE SOUTH 42° 07' 53" WEST, 83.51 FEET TO THE POINT OF BEGINNING. PARCEL C: LOT 24 AND THE NORTHWESTERLY ONE-HALF OF LOT 23 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL D: LOTS 17, 18, 19, 20 AND 21 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 17; THE SOUTHEASTERLY 30.00 FEET THEREOF. ALSO EXCEPT ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW OR HEREAFTER CONSTRUCTED OR LOCATED ON SAID REAL PROPERTY, WHICH BUILDINGS AND IMPROVEMENTS ARE AND SHALL REMAIN REAL PROPERTY. PA2021-107 Order Number: NCS-1030472-SC Page Number: 16 First American Title Insurance Company SAID LAND IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL E: ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW LOCATED ON THE LAND HEREINAFTER DESCRIBED AT THE DATE HEREOF, WHICH BUILDINGS AND IMPROVEMENTS ARE AND SHALL REMAIN REAL PROPERTY. LOTS 17, 18, 19, 20 AND 21 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 17 THE SOUTHEASTERLY 30.00 FEET THEREOF. SAID PROPERTY IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL F: LOTS 15 AND 16 AND THE SOUTHEASTERLY 30.00 FEET OF LOT 17 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 15, THE SOUTHEASTERLY 40.00 FEET THEREOF. ALSO EXCEPT ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW OR HEREAFTER CONSTRUCTED OR LOCATED ON SAID REAL PROPERTY WHICH BUILDINGS AND IMPROVEMENTS ARE AND SHALL REMAIN REAL PROPERTY. SAID LAND IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAPS, AS SHOWN ON A MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL G: ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE OR HEREAFTER LOCATED ON THE LAND HEREAFTER DESCRIBED AT THE DATE HEREOF, WHICH BUILDINGS AND IMPROVEMENTS ARE AND SHALL REMAIN REAL PROPERTY. LOTS 15 AND 16 OF THE SOUTHEASTERLY 30.00 FEET OF LOT 17 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 15, THE SOUTHEASTERLY 40.00 FEET THEREOF. SAID PROPERTY IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL H: LOTS 22 AND 23 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 23, THE NORTHWESTERLY ONE-HALF THEREOF. PA2021-107 Order Number: NCS-1030472-SC Page Number: 17 First American Title Insurance Company PURSUANT TO A CERTIFICATE OF COMPLIANCE NO. CO2015-184 RECORDED NOVEMBER 20, 2015 AS INSTRUMENT NO. 2015000599086 OF OFFICIAL RECORDS. PARCEL I: THAT PORTION OF LOT 3 OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST IN THE SAN BERNARDINO MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE AUGUST 4, 1980, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN LEASE TO RICHFIELD OIL CORPORATION, RECORDED APRIL 23, 1954 IN BOOK 2714, PAGE 535 OF OFFICIAL RECORDS, BEING A POINT ON THE NORTHWESTERLY LINE OF CENTRAL AVENUE, AS SHOWN ON SHEET 9 OF MAP NO. 108 IN BOOK 2, PAGE 1 OF OFFICIAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT ALONG SAID NORTHWESTERLY LINE NORTH 22° 59' EAST 146.38 FEET FROM THE NORTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE FINAL JUDGMENT ENTERED MARCH 17, 1936 IN AN ACTION ENTITLED "CITY OF NEWPORT BEACH, PLAINTIFF, VS. C. CULP, AND OTHERS, DEFENDANTS", CASE NO. 33703, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED MARCH 18, 1936 IN BOOK 317, PAGE 50 OF OFFICIAL RECORDS; THENCE NORTH 67° 01' WEST 46.04 FEET ALONG THE NORTHEASTERLY LINE OF SAID LEASE TO THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RAILROAD, AS SAID RIGHT-OF-WAY IS DESCRIBED IN A DEED FROM JAMES MCFADDEN TO SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED MARCH 22, 1898 IN BOOK 78, PAGE 399 OF DEEDS, BEING NOW THE EASTERLY LINE OF THE STATE HIGHWAY KNOWN AS NEWPORT BOULEVARD; THENCE NORTH 17° 28' 23" EAST, 70.43 FEET ALONG SAID EASTERLY LINE TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 2, IN DEED TO GEORGE D. BUCCOLA, AND WIFE, RECORDED MARCH 28, 1957 IN BOOK 3852, PAGE 421 OF OFFICIAL RECORDS; THENCE SOUTH 67° 01' EAST 52.77 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BUCCOLA LAND TO THE SAID NORTHWESTERLY LINE OF CENTRAL ANGLE; THENCE SOUTH 22° 59' WEST, 70.11 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED IN PARCEL 73819-1 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 667537, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 20, 1997 AS INSTRUMENT NO. 19970592944 OF OFFICIAL RECORDS. PARCEL J: THAT PORTION OF LOT 2 OF TRACT NO. 1117, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35, PAGE 48, TOGETHER WITH ALL OF LOT 1 OF TRACT NO. 1235, RECORDED IN BOOK 47, PAGE 24, BOTH OF MISCELLANEOUS MAPS, RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF CENTRAL AVENUE (60 FEET IN WIDTH), NORTH 22° 59' 00" EAST 100.00 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE OF CENTRAL AVENUE, NORTH 22° 59' 00" EAST 160.00 FEET TO THE BEGINNING A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 10.00 FEET; THENCE, NORTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGEL OF 90° 00' 00" AN ARC LENGTH OF 15.71 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 2, SAID LINE ALSO BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF VIA OPORTO (48.00 FEET IN PA2021-107 Order Number: NCS-1030472-SC Page Number: 18 First American Title Insurance Company WIDTH); THENCE, ALONG SAID RIGHT-OF-WAY LINE, SOUTH 67° 01' 00" EAST 90.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 162.55 FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 39° 31' 00" AN ARC LENGTH OF 112.11 FEET; THENCE, TANGENT TO SAID CURVE AND ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF VIA OPORTO, SOUTH 27° 30' 00" EAST 177.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 460.00 FEET; THENCE, SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 9° 46' 08" AN ARC LENGTH OF 78.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, NORTH 67° 01' 00" WEST 253.44 FEET TO THE NORTHERLY CORNER OF LOT 8 OF SAID TRACT NO. 1235; THENCE, CONTINUING ALONG SAID SOUTHWESTERLY LINE OF LOT 1, SOUTH 22° 59' 00" WEST 75.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF VIA LIDO (100 FEET IN WIDTH); THENCE, CONTINUING ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE OF VIA LIDO, NORTH 67° 01' 00" WEST 55.00 FEET TO THE SOUTHERLY CORNER OF LOT 9 OF SAID TRACT NO. 1235; THENCE, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 9, NORTH 22° 59' 00" EAST 110.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 9; THENCE, ALONG THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 9, NORTH 67° 01' 00" WEST 88.00 FEET TO THE POINT OF BEGINNING. BEING PARCEL 2 AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT/LOT MERGER RECORDED DECEMBER 23, 2014 AS INSTRUMENT NO. 2014000554773 OF OFFICIAL RECORDS. PARCEL K: THAT PORTION OF LOT 2 OF TRACT NO. 1117, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35, PAGE 48, TOGETHER WITH ALL OF LOT 9 OF TRACT NO. 1235, RECORDED IN BOOK 47, PAGE 24, BOTH OF MISCELLANEOUS MAPS, RECORDS OF THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, SAID LINE ALSO BEING THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF CENTRAL AVENUE (60.00 FEET IN WIDTH), NORTH 22° 59' 00" EAST 100.00 FEET TO A LINE PARALLEL WITH AND DISTANT 110.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID LOT 2; THENCE, ALONG SAID PARALLEL LINE, SOUTH 67° 01' 00" EAST 88.00 FEET TO A LINE PARALLEL WITH AND DISTANT 88.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID NORTHWESTERLY LINE OF LOT 2; THENCE, ALONG SAID PARALLEL LINE, SAID LINE ALSO BEING THE SOUTHEASTERLY LINE OF SAID LOT 9, SOUTH 22° 59' 00" WEST 110.00 FEET TO THE SOUTHERLY CORNER OF SAID LOT 9; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID LOTS 2 AND 9, SAID LINE ALSO BEING THE PA2021-107 Order Number: NCS-1030472-SC Page Number: 19 First American Title Insurance Company NORTHEASTERLY RIGHT-OF-WAY LINE OF VIA LIDO (100 FEET IN WIDTH), NORTH 67° 01' 00" WEST 78.00 FEET TO AN ANGLE POINT ON SAID RIGHT-OF-WAY LINE; THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 22° 01' 00" WEST 14.14 FEET TO THE POINT OF BEGINNING. BEING PARCEL 1 AS SHOWN ON THAT CERTAIN LOT LINE ADJUSTMENT/LOT MERGER RECORDED DECEMBER 23, 2014 AS INSTRUMENT NO. 2014000554773 OF OFFICIAL RECORDS. PARCEL L: PARCEL 1 AS DESCRIBED IN EXHIBIT “A” ATTACHED TO LOT LINE ADJUSTMENT/LOT MERGER NO. LM 2016-012 RECORDED AUGUST 15, 2017 AS INSTRUMENT NO. 2017000343035 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. For reference purposes only: APNs 423-123-03 (Affects Parcel A), 423-123-04 (Affects Parcel B), 423- 123-05 (Affects Parcel C), 423-123-07 (Affects Parcels D and E), 423-123-08 (Affects Parcels F and G), 423-123-06 (Affects Parcel H), 423-121-06 (Affects Parcel I), 423-122-01 (Affects portion of Parcel J), 423-122-02 (Affects remainder of Parcel J), 423-122-03 (Affects Parcel K) and 423-122-11 (Affects Parcel L) PA2021-107 Order Number: NCS-1030472-SC Page Number: 20 First American Title Insurance Company The First American Corporation First American Title Company 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 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 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. PA2021-107 Order Number: NCS-1030472-SC Page Number: 21 First American Title Insurance Company CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) 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 those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) 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) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records PA2021-107 Order Number: NCS-1030472-SC Page Number: 22 First American Title Insurance Company (c) that result in no loss to you (d) 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: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. PA2021-107 Order Number: NCS-1030472-SC Page Number: 23 First American Title Insurance Company 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is a. a fraudulent conveyance or fraudulent transfer; or b. a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. PA2021-107 Order Number: NCS-1030472-SC Page Number: 24 First American Title Insurance Company ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the 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 modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. PA2021-107