Western Scrub-jay (Aphelocoma Californica

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Appendix FConservation Easement Legal Description and Preliminary Title ReportWestern Scrub-jay (Aphelocoma californica)

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First American Title1. Preliminary Report - CACLTA Preliminary Report FormOrder Number: 1503-4654663(Rev. 11/06)Page Number: 1First American Title Company8500 Stockdale Hwy., Suite 190Bakersfield, CA 93311Jon ParkerKern Water Bank Authority1620 Mill Rock Way, Suite 500Bakersfield, CA 93311Phone: (661)398-4900Fax:(661)398-4959Customer Reference:Order Number:Section 331503-4654663 (NA)Title Officer:Phone:Fax No.:E-Mail:Nick m.comProperty:Vacant LandCAPRELIMINARY REPORTIn response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, orcause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest thereinhereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to asan 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 Aattached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in thearbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of theparties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a DeductibleAmount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should beread. 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 thisreport carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not coveredunder 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 notlist 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 titleinsurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, aBinder or Commitment should be requested.First American TitlePage 1 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 2Dated as of June 23, 2014 at 7:30 A.M.The form of Policy of title insurance contemplated by this report is:To Be DeterminedA 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:KERN WATER BANK AUTHORITYThe estate or interest in the land hereinafter described or referred to covered by this Report is:A fee.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 saidpolicy form would be as follows:1.General and special taxes and assessments for the fiscal year 2014-2015, a lien not yet due orpayable.2.General and special taxes and assessments for the fiscal year 2013-2014 are exempt.3.Taxes and assessments, if any, of the North Kern Water Storage District.4.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing withSection 75 of the California Revenue and Taxation Code.5.Any title or claim of interest of the United States of America, the State of California, or claimantsthereunder, based upon the assertion that said land was known to be mineral in character onJune 1, 1855, the date the survey thereof was approved by the Surveyor General.6.The effect of a map purporting to show the land and other property, filed April 9, 1937 in Book 4,Page(s) 48, 49 and 50 of Record of Surveys.7.An oil and gas lease executed by Kern County Land Company, a California corporation as lessorand Richard S. Rheem, doing business under the fictitious name of Richard S. Rheem, operatoras lessee, recorded November 13, 1963 in Book 3662, Page 542 of Official Records.Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or notshown by the public records.First American TitlePage 2 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 38.Terms, provisions, covenants, restrictions and conditions contained in a document executedpursuant to the California Land Conservation Act of 1965 (Williamson Act) and recorded February27, 1970 as Instrument No. 10922 in Book 4372, Page 684 of Official Records.Affects:9.An easement for canal and incidental purposes, recorded December 6, 1978 in Book 5159, Page2217 of Official Records.In Favor of:North Kern Water Storage DistrictAffects:10.The land and other property.As described thereinAn unrecorded license affecting the portion of said land and for the purposes stated herein, andincidental purposesIn Favor Of:The Norwalk CompanyFor:PipelineDisclosed By:Second Amendment of Pipe Line License AgreementRecorded:February 23, 1981 in Book 5353 Page 2351, of Official RecordsAffects those portions of said land more particularly described therein.11.Easements, Covenants and Conditions contained in the deed from Tenneco West, Inc., asGrantor, to the State of California, as Grantee, recorded August 31, 1988 as Instrument No.025340 in Book 6158, Page 1098 of Official Records. Reference being made to the document forfull particulars, but deleting any covenant, condition, or restriction indicating a preference,limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status,disability, handicap, national origin, genetic information, gender, gender identity, genderexpression, source of income (as defined in California Government Code § 12955(p)) or ancestry,to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or CaliforniaGovernment Code § 12955. Lawful restrictions under state and federal law on the age ofoccupants in senior housing or housing for older persons shall not be construed as restrictionsbased on familial status.12.A notice of assessment recorded April 17, 1996 as Instrument No. 0196049557 of OfficialRecords, executed by the Kern Community College District.13.An easement for state highway and incidental purposes, recorded August 9, 1996 as InstrumentNo. 0196101605 of Official Records.In Favor of:The State of CaliforniaAffects:14.The South 30 feet of said landCovenants, conditions, restrictions and easements in the document recorded August 9,1996 as Instrument No. 0196102058 of Official Records, but deleting any covenant, condition, orrestriction indicating a preference, limitation or discrimination based on race, color, religion, sex,sexual orientation, familial status, disability, handicap, national origin, genetic information,gender, gender identity, gender expression, source of income (as defined in CaliforniaGovernment Code § 12955(p)) or ancestry, to the extent such covenants, conditions orrestrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawfulrestrictions under state and federal law on the age of occupants in senior housing or housing forolder persons shall not be construed as restrictions based on familial status.First American TitlePage 3 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 415.The terms and provisions contained in the document entitled Trust Agreement, executed by andbetween Westside Mutual Water Company, LLC, a California limited liability company and KernWater Bank Authority, a public entity created pursuant to the Joint Exercise of Powers Act,recorded August 22, 1996, as Instrument No. 0196107584 of Official Records.16.The terms and provisions contained in the document entitled "Memorandum of Transfer of Waterin Storage" recorded August 26, 1996 as Instrument No. 0196108972 of Official Records.17.An oil and gas lease executed by Enron Oil & Gas Company, a Delaware corporation as lessorand Sacramento Energy, Inc. as lessee, recorded May 28, 1997 as Instrument No. 0197070612of Official Records.The effect of a document entitled "Partial Surrender and Quitclaim of Oil, Gas and Mineral Lease",recorded December 31, 1998 as Instrument No. 0198185643 of Official Records.The effect of a document entitled "Partial Surrender and Quitclaim of Oil, Gas and Mineral Lease",recorded July 31, 2008 as Instrument No. 0208121918 of Official Records.Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or notshown by the public records.18.A deed of trust to secure the performance of an agreement or other obligation,recorded November 25, 2003 as Instrument No. 0203256936 of Official November 1, 2003Kern Water Bank AuthorityAmerican Securities Company, a corporationWells Fargo Bank, National AssociationThe land and other property.19.The terms and provisions contained in the document entitled "Assignment and Pledge of Waterand Water Rights" recorded March 31, 2004 as Instrument No. 0204070851 of Official Records.20.An easement for public utilities and incidental purposes, recorded April 26, 2005 as InstrumentNo. 0205103812 of Official Records.In Favor of:Pacific Gas and Electric Company, a California corporationAffects:As described thereinThe location of the easement cannot be determined from record information.Terms and provisions contained in the above document.21.An oil and gas lease executed by Vintage Production California LLC as lessor and Compass GlobalResources as lessee, recorded October 11, 2006 as Instrument No. 0206252506 of OfficialRecords.Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or notshown by the public records.First American TitlePage 4 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 522.The terms and provisions contained in the document entitled "Notice of Intent to PreserveMineral Rights" recorded November 17, 2006 as Instrument No. 0206286186 of Official Records.23.Rights of the public in and to that portion of the land lying within any Road, Street, Alley orHighway.24.Water rights, claims or title to water, whether or not shown by the public records.25.Rights of parties in possession.Prior to the issuance of any policy of title insurance, the Company will require:26.With respect to Kern Bank Water Authority, we will require copies of the articles of organization,bylaws, and other governing documents and any amendments thereto. Other requirements willbe made following a review of such documents.First American TitlePage 5 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 6INFORMATIONAL NOTESNote: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is lessthan the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall bearbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Ifyou desire to review the terms of the policy, including any arbitration clause that may be included,contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for thepolicy that is to be issued in connection with your transaction.1.The property covered by this report is vacant land.2.According to the public records, there has been no conveyance of the land within a period oftwenty-four months prior to the date of this report, except as follows:NoneThe map attached, if any, may or may not be a survey of the land depicted hereon. First Americanexpressly disclaims any liability for loss or damage which may result from reliance on this map except tothe extent coverage for such loss or damage is expressly provided by the terms and provisions of the titleinsurance policy, if any, to which this map is attached.First American TitlePage 6 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 7LEGAL DESCRIPTIONReal property in the unincorporated area of the County of Kern, State of California, described asfollows:ALL OF SECTION 33, TOWNSHIP 30 SOUTH, RANGE 26 EAST, MOUNT DIABLO MERIDIAN, INTHE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDINGTO THE OFFICIAL PLAT THEREOF.EXCEPT ALL OIL, GAS AND OTHER HYDROCARBONS AND ALL OTHER MINERALS OF WHATEVERKIND OR CHARACTER (ALL HEREIN COLLECTIVELY CALLED "MINERALS") NOW KNOWN TOEXIST OR HEREAFTER DISCOVERED (IT BEING INTENDED THAT THE WORD "MINERALS" ASUSED HEREIN SHALL BE DEFINED IN THE BROADEST SENSE OF THE WORD AND SHALLINCLUDE, BUT NOT BE LIMITED TO OIL, GAS, OTHER HYDROCARBONS AND ALL OTHERMINERAL SUBSTANCES AND PRODUCTS, BOTH METALLIC AND NON-METALLIC, SOLID, LIQUID,OR GASEOUS), WHICH ARE UPON, IN, UNDER OR MAY BE PRODUCED FROM SAID REALPROPERTY ALL SALT WATER (WATER CONTAINING OVER 10,000 P.P.M. T.D.S.) WHICH IS IN,UNDER OR MAY BE PRODUCED FROM SAID REAL PROPERTY; TOGETHER WITH THE SPECIFICRIGHTS ENUMERATED AND MADE A PART OF THEREIN, ALL AS RESERVED BY TENNECO WEST,INC., A DELAWARE CORPORATION, IN DEED RECORDED AUGUST 31, 1988 IN BOOK 6158 PAGE1098, OF OFFICIAL RECORDS.APN: 524-150-01, 524-150-02, 524-150-03 and 524-150-05First American TitlePage 7 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 8First American TitlePage 8 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 9NOTICESection 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurancecompany, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrowcapacity, wait a specified number of days after depositing funds, before recording any documents in connectionwith the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursedthe same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next dayafter 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.First American TitlePage 9 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 10WIRE INSTRUCTIONSforFirst American Title Company, Demand/Draft Sub-Escrow DepositsKern County, CaliforniaPAYABLE TO:First American Title CompanyBANK:First American Trust, FSBADDRESS:5 First American Way, Santa Ana, CA 92707ACCOUNT NO:3007450000ROUTING NUMBER:122241255PLEASE REFERENCE THE FOLLOWING:PROPERTY:Vacant Land, CAFILE NUMBER:1503-4654663 (NA)ATTENTION:Nick AshcraftPLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First AmericanTitle Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITEDSTATES. PLEASE NOTIFY Nick Ashcraft AT (661)6171471 OR nashcraft@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE.IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK, ADDITIONAL CHARGES MAY APPLY.PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS.PLEASE NOTE THAT AN ACH TRANSFER IS NOT THE SAME AS A WIRE, REQUIRES ADDITIONAL TIMEFOR CLEARANCE AND MAY DELAY CLOSING.FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473ALL WIRES WILL BE RETURNED IF THE FILE NUMBERAND/OR PROPERTY REFERENCE ARE NOT INCLUDEDFirst American TitlePage 10 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 11EXHIBIT ALIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10)EXCLUSIONSIn 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 Exclusiondoes not limit the coverage described in Covered Risk 14 or 15.3.4.The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.Risks:(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;5.6.7.(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.Failure to pay value for Your Title.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.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, stateinsolvency, or similar creditors' rights laws.LIMITATIONS ON COVERED RISKSYour insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.Your Deductible AmountCovered Risk 16: 1% of Policy Amount or 2,500.00 (whichever is less)Our Maximum DollarLimit of Liability 10,000.00Covered Risk 18: 1% of Policy Amount or 5,000.00 (whichever is less) 25,000.00Covered Risk 19: 1% of Policy Amount or 5,000.00 (whichever is less) 25,000.00Covered Risk 21: 1% of Policy Amount or 2,500.00 (whichever is less) 5,000.00ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)EXCLUSIONSIn 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 zoningordinances and also laws and regulations concerning:(a) and use(b) improvements on the land(c) and division(d) environmental protection2.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.The right to take the land by condemning it, unless:First American TitlePage 11 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 12(a) a notice of exercising the right appears in the public records on the Policy Date3.4.5.(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the takingTitle 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(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 RisksFailure to pay value for your title.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 landThis exclusion does not limit the access coverage in Item 5 of Covered Title Risks.2006 ALTA LOAN POLICY (06-17-06)EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, 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 thecoverage provided under Covered Risk 5.2.3.4.5.6.7.(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.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 disclosedin 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.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doingbusiness laws of the state where the Land is situated.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by theInsured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creatingthe 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.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverageprovided under Covered Risk 11(b).The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the aboveExclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptionsfrom Coverage:EXCEPTIONS FROM COVERAGEThis policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise byreason of:1.2.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes orassessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes orassessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by anFirst American TitlePage 12 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 13inspection 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 byan accurate and complete land survey of the Land and not shown by the Public Records.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) waterrights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.Any lien or right to a lien for services, labor or material not shown by the public records.5.6.2006 ALTA OWNER'S POLICY (06-17-06)EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, 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 thecoverage provided under Covered Risk 5.2.3.4.5.(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.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 disclosedin 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 or10); or(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vestingthe 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.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy 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 fromCoverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:EXCEPTIONS FROM COVERAGEThis policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:1.2.3.4.5.6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes orassessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes orassessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by aninspection of the Land or that may be asserted by persons in possession of the Land.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed byan accurate and complete land survey of the Land and not shown by the Public Records.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) waterrights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.Any lien or right to a lien for services, labor or material not shown by the public records.First American TitlePage 13 of 15First American Title

First American TitleOrder Number: 1503-4654663Page Number: 14ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, 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 thecoverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.2.3.4.5.6.7.8.9.(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.Rights of eminent domain. This Exclusion does not modify or limit the c

and Richard S. Rheem, doing business under the fictitious name of Richard S. Rheem, operator as lessee, recorded November 13, 1963 in Book 3662, Page 542 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. First American Title First American Title