Loading...
HomeMy WebLinkAboutContracts & Agreements_185-2018First American Title Insurance Company NATIONAL COMMERCIAL SERVICES City of Redlands, a municipal corporation 35 Cajon Street Redlands, CA 92373 Re Property 302 West Colton Avenue Redlands, CA 92374 File No NCS 870208 ONT1 ( KS) Dear City Clerk Kelly Simoneau Escrow Officer ksimoneau@firstam com 3281 E Guasti Road, Suite 440 Ontario, CA 91761 Phone Number (909)510 6206 FAX (877)461 2088 September 26, 2018 Regarding your purchase of the property referenced above, First American Title Insurance Company National Commercial Services will be handling your transaction In connection with the above referenced transaction COMPLETE IN FULL and/or SIGN AND RETURN the enclosed items • Vesting Instruction and Amendment • Buyer Information Request • Preliminary Change of Ownership Report • W-9 Form • Exchange Information Worksheet PLEASE SIGN AND RETURN, retain the copy for your records • Receipt for Natural Hazard Disclosure ENCLOSED please find the following for your records • Preliminary Title Report/Commitment for Title Insurance • Entity Document Request List (please provide applicable documentation) • Natural Hazard Disclosure Report • Escrow Acceptance Letter In order to expedite the processing of your escrow, please email the enclosed completed documents to Kelly Simoneau at ksimoneau@firstam com or fax (877)461-2088 Please note that all original recordable documents must be sent directly to escrow. Should you have any questions or need further assistance, please contact the undersigned We appreciate the opportunity to serve you First American Title Insurance Company National Commercial File No ' NCS-870208 ONT1 (KS) Services Date 09/25/2018 Sincerely, Kelly Simoneau Escrow Officer First American Title Insurance Company KS/gg Via Email First American Title Insurance Company NATIONAL COMMERCIAL SERVICES 3281 E Guasti Road, Suite 440 Ontario CA 91761 VESTING INSTRUCTION AND AMENDMENT RE 302 West Colton Avenue, Redlands, CA 92374 Escrow No NCS-870208-ONT1 (KS) NOTE Please indicate your choice by checking the appropriate selection Please fill in the blanks completely and print names exactly as they should appear on all documents and as you will be signing your name PURSUANT TO THE ABOVE REFERENCED ESCROW, ESCROW HOLDER IS INSTRUCTED TO REFLECT MY/OUR NAME(S) AND VESTING AS FOLLOWS 1 [ ] HUSBAND AND WIFE (Print names exactly as they should appear on documents including loan documents) AND A ( ) As Joint Tenants B ( ) As Community Property C ( ) As Community Property with right of survivorship D ( ) As Tenants in Common Each as to an undivided % interest percentage or fraction (i e , 1/2 or 50%) E ( ) Other, please specify 2 [ ] MARRIED MAN -AS HIS SOLE AND SEPARATE PROPERTY [ ] MARRIED WOMAN -AS HER SOLE AND SEPARATE PROPERTY Print Name exactly as it should appear on documents, including loan documents PLEASE INDICATE THE FULL NAME OF THE SPOUSE FOR PREPARATION OF AN INTERSPOUSAL TRANSFER DEED Page 1 3 [ ] INDIVIDUAL (Print names exactly as they should appear on documents including loan documents) AND A ( ) A SINGLE MAN (never married) D ( ) A SINGLE WOMAN (never married) B ( ) A WIDOWER (wife is deceased) E ( ) A WIDOW (husband is deceased) C ( ) AN UNMARRIED MAN (divorced) F ( ) AN UNMARRIED WOMAN (divorced) A ( ) A SINGLE MAN (never married) D ( ) A SINGLE WOMAN (never married) B ( ) A WIDOWER (wife is deceased) E ( ) A WIDOW (husband is deceased) C ( ) AN UNMARRIED MAN (divorced) F ( ) AN UNMARRIED WOMAN (divorced) ADDITIONAL VESTING IF MORE THAN ONE INDIVIDUAL A ( ) As Joint Tenants B ( ) As Tenants in Common Each as to an undivided % interest - percentage or fraction (i e , 1/2 or 50%) C ( ) Other, please specify 4 [ ] TRUST (Please confirm with your lender if they will make a loan to the trust prior to completing this form) and (Name of Trustee) (Name of Trustee) dated (Name of Trust) (Date of Trust) 5 [ x ] OTHER: A Municipal Corporation HOW YOU HOLD TITLE TO YOUR PROPERTY CAN HAVE SERIOUS TAX CONSEQUENCES IT IS STRONGLY RECOMMENDED THAT YOU SEEK TAX AND/OR LEGAL COUNSEL WHEN COMPLETING THIS FORM. City of Redlands, a municip _ corporation Paul W Foster Mayor ATTEST • eanne Donaldson City Clerk Page 2 First American Tide Insurance Company COMMON WAYS TO TAKE TITLE TO CALIFORNIA RESIDENTIAL REAL PROPERTY Revised as of January I, 2005 to include California registered domestic partnership law 2 POINT TENANCY COMMUNITY PROPERTY:` COMMUNITYPROPERTY WITH RIGHT OF SURVIVORSHIP' Parties Two or more persons' (may be Two or more persons' (may be spouses or domestic partners') spouses or domestic partners) Husband and wife or domestic partners Husband and wife or domestic partners Ownership can be:"divided ::into :;Ownership interest must be e ual einterests,equal. " ;:.any;;numb number or unequal wnershipinterests must be equal. Ownership interests must be equal.:::::;:::: Creation One or more conveyances (Law Single conveyance (creating identical Single conveyance or presumption from presumes interests are equal if interests) Vesting must specify Joint marriage or domestic partnership not otherwise specified) tenancy Single conveyance and spouses of domestic partners must indicate consent which can be on deed Possession and Cnrifrnl Equal Equa Equal Equal Transferability Liens against One Owner Death of Co -Owner Each co-owner may transfer or Each co owner may transfer his/her mortgage their interest interest separately but tenancy in separately 3 Unlessamarried" Or domestic artners; co owner's interest riot subject to liens of other ,' debtor/owner:but toreed. sale, Decedent's interest passes to his/her heirs by will or intestacy Both spouses or domestic partners must Both spouses or domestic partners must consent to transfer or mortgage consent to transfer or mortgage common results 3' 4 Co owner's interest not subject to Entireproperty subject toforced sale to Entire_propert 'subject to orced_sale to:; Iiens ofother debtor/owner but forced satisfy debt or either spouse or domesticsans_[:deb_tofeither:spouseor:domestie: sale:can occur if prior fol co-. partner, partner. Downer s e tors. eat Decedent's interest automatically passes to surviving Joint tenant ("Right of Survivorship") otherwise devised by will Deceased's /2 interest passes to surviving Decedent's 'A interest automatically spouse or domestic partner unless passes to surviving spouse or domestic partner due to Right of Survivorship i Posysle b advantages/ g Disadvantages Co Owner`interest [nay. be:::::' separatelytransferable:3 Ri` lit of..:Suivivorshi ' :avoids ualified°survtvorshi " ri "hts ;Mutual>':'..:`:Ri lit of:Survivorshi `:Mutual consent: Probate s' IVfaY' ave" tax'disadvantages :consentreqaired air.transfer.. Survrviti re uired:fortransfer Surviviri ::sPouse:oi forspouses spouse•or"domestic:partner ;:may have.tax domestic.partner "may::have:tax • advantage advantage. 'Persons" includes a natural person as well as a validly form corporation limited liability company or general partnership Trust property is vested in the trustee (usually a natural person or corporation) 2 For domestic partners meeting California statutory requirements benefits are same as community property except certain tax benefits may not be available Note To unrelated persons who are either (a) same sex, or (b) opposite sex if they meet age or disability requirements may be domestic partners provided that they are not married or in a domestic partnership and comply with other statutory requirements 3 Transfers by married persons or domestic partners may require a quitclaim deed from spouse/partner for title insurance purposes 4 if co owners are married or domestic partners property may be subject to legal presumption of `community property' requiring consent of both spouses/partners to convey or encumber title nntwithstandint vestine as 'mint tenancy " THE FOREGOING IS PROVIDED FOR GENERAL INFORMATION ONLY FOR QUESTIONS OR FINANCIAL, TAX OR ESTATE PLANNING, WE SUGGEST YOU CONTACT AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNT ANT Form No 7400 (1I05) 02005 First American Title Insurance Company First American Title Insurance Company NATIONAL COMMERCIAL SERVICES Kelly Simoneau Escrow Officer kimmoneau@firstam com 3281 E Guasti Road, Suite 440 Ontario, CA 91761 Phone Number (909)510 6206 FAX (877)461 2088 Buyer / Borrower Information Request Please supply us the information below in order to expedite our escrow. New Lender is• NOT APPLICABLE Phone E-Mail File No NCS-870208-ONT1 Loan Officer Fax Name of Insurance Co is: Phone E-Mail Agent Fax Buyer/ Borrower Contact Information: City of Redlands, a municipal corporation Mail Correspondence to Attn Mayor Paul Foster PO Box 3005, Redlands, CA 92373 Home Phone Cell E-Mail cboatman@cityofredlands org *if the above address you've supplied something in the future? Yes, the address is 35 Cajon Street, Office Phone 909-798-7631 Fax is a P 0 Box, do you have a physical address should we need to overnight Suite 2, Redlands, CA 92373 City of Redlands, a municipal c oration By Paul W Foster Mayor ATTES az4k, nne Donaldson City Clerk IMPORTANT INFORMATION ABOUT THE COMPLETION OF THIS FORM PENALTIES ASSESSED BY THE TAX COLLECTOR FOR NON -COMPLETION HAVE INCREASED CA Senate Bill 507 signed into Law and effective in 2012 amends Sections of the Revenue and Taxation Code relating to taxation, increasing the penalties imposed for failure to file a change of ownership report. Because of the potential for significantly higher penalties, it is very important that you 1) Complete the Preliminary Change of Ownership Report ("PCOR") with all information, 2) Ensure that the mailing address for the grantee is complete and accurate to ensure that the Assessor can contact you with any inquiries The Title Company/Escrow Officer cannot help you complete this document because of liability reasons If you are unable to complete the PCOR or it is rejected for filing, the County will charge an additional $20 fee and the Assessor will mail notification to you requesting completion of the PCOR If you don't complete and return the PCOR at that time, a penalty can be assessed and added to your tax bill BOE 502 A (P1) REV 12 (05-13) PRELIMINARY CHANGE OF OWNERSHIP REPORT To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480 3 of the Revenue and Taxation Code A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located NAME AND MAILING ADDRESS OF BUYER/TRANSFEREE (Make necessary corrections to the pnnted name and marling address) City of Redlands, a municipal corporation FOR RECORDER S USE ONLY ASSESSOR'S PARCEL NUMBER 0169 053 11 0 000 SELLER/TRANSFEROR Spartan Partners BUYER'S DAYTIME TELEPHONE NUMBER ( ) BUYER'S EMAIL ADDRESS STREET ADDRESS OR PHYSICAL LOCATION OF REAL PROPERTY 302 West Colton Avenue, Redlands, CA 92374 MAIL PROPERTY TAX INFORMATION TO (NAME) Mayor Paul W Foster ADDRESS PO Box 3005, 35 Cajon Street, Suite 2 CITY Redlands STATE CA ZIP CODE 92373 n YES n NO This property is intended as my pnnapal residence If YES, please indicate the date of occupancy or intended occupancy PART 1 TRANSFER INFORMATION Please complete all statements This section contains possible exclusions from reassessment for certain types of transfers NO YES MO DAY YEAR ^ I �II A This transfer is solely between spouses (addition or removal ofa spouse, death ofa spouse, divorce settlement, etc.). ❑ I x l B This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal ofa partner, death ofa partner, termination settlement, etc.) ❑ n *C This is a transfer Ti between parent(s) and child(ren) l I from grandparent(s) to grandchildren) ❑ n *D This transfer is the result of a cotenant's death Date of death ❑ 1 *E This transaction is to replace a principal residence by a person 55 years of age or older Within the same county? n YES U NO *F This transaction is to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code section 69 5 Within the same county? n YES n NO ❑ I X G This transaction is only a correction of the name(s) of the person(s) holding title to the property (e.g., a name change upon marriage). If YES, please explain ❑ n H The recorded document creates, terminates, or reconveys a lender's interest in the property ❑ ix I This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g., cosigner) If YES please explain El El K 0 I! The recorded document substitutes a trustee of a trust, mortgage, or other similar document This is a transfer of property 1 to/from a revocable trust that may be revoked by the transferor and is for the benefit of FTthe transferor, and/or n the transferor's spouse I I registered domestic partner ❑l- I i 2 to/from a trust that may be revoked by the creator/grantor/trustor who is also a joint tenant, and which names the other joint tenant(s) as beneficiaries when the creator/grantor/trustor dies ❑ 3 to/from an irrevocable trust for the benefit of the ❑ creator/grantor/trustor and/or n grantor's/trustors spouse n grantor's/trustor's registered domestic partner ❑ X❑ L This property is subject to a lease with a remaining lease term of 35 years or more including written options ❑ X❑ M This is a transfer between parties in which proportional interests of the transferor(s) and transferee(s) in each and every parcel being transferred remain exactly the same after the transfer ❑ L^J N This is a transfer subject to subsidized low income housing requirements with governmentally imposed restrictions ❑ ❑ *0 This transfer is to the first purchaser of a new building containing an active solar energy system * Please refer to the instructions for Part 1 Please provide any other information that will help the Assessor understand the nature of the transfer THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION BOE 502 A (P2) REV 12 (05 13) PART 2. OTHER TRANSFER INFORMATION A Date of transfer, if other than recording date B Type of transfer n Purchase n Foreclosure ❑ Gift Contract of sale Date of contract II Check and complete as applicable ❑ Trade or exchange ❑ Merger, stock, or partnership acquisition (Form BOE 100 B) n Sale/leaseback ❑ Creation of a lease Other Please explain I Inheritance Date of death ❑ Assignment of a lease ❑ Termination of a lease Date lease began Original term in years (Including written options) Remaining term in years (including written options). C Only a partial interest in the property was transferred ❑ YES ❑ NO If YES, indicate the percentage transferred PART 3 PURCHASE PRICE AND TERMS OF SALE A Total purchase price Check and complete as applicable B Cash down payment or value of trade or exchange excluding closing costs C First deed of trust @ 0/0 interest for years Monthly payment $ n FHA (_Discount Points) I Cal Vet ❑ VA ( Discount Points) ❑ Fixed rate ❑ Variable rate n Bank/Savings & Loan/Credit Union ❑ Loan carried by seller ❑ Balloon payment $ Due date D Second deed of trust © 0/0 interest for years Monthly payment $ $ 57,818.44 Amount $ Amount $ Amount $ ❑ Fixed rate ❑ Variable rate n Bank/Savings & Loan/Credit Union ❑ Loan carried by seller Balloon payment $ Due date E Was an Improvement Bond or other public financing assumed by the buyer, OYES ENO Outstanding balance $ F Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $ G The property was purchased ❑Through real estate broker Broker name Phone number ( ) I x I Direct from seller ❑ From a family member Relationship n Other Please explain H Please explain any special terms, seller concessions, broker/agent fees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property PART 4 PROPERTY INFORMATION A Type of property transferred Single family residence ❑ Co op/Own your own ❑ Manufactured home Multiple family residence Number of units. ❑ Condominium 0 Unimproved lot Other Description (i e , timber, mineral, water rights, etc) ❑ Timeshare ❑ Commercial/Industrial II Check and complete as applcable B n YES E NO Personal/business property, or incentives, provided by seller to buyer are included in the purchase price Examples of personal property are furniture, farm equipment machinery etc Examples of incentives are club memberships, etc Attach list if available If YES, enter the value of the personal/business property $ Incentives $ C YES I ^ I NO A manufactured home is included in the purchase price If YES, enter the value attributed to the manufactured home $ ❑ YES 0 NO The manufactured home is subject to local property tax If NO, enter decal number D n YES E NO The property produces rental or other income If YES, the income is from ❑ Lease/rent ❑ Contract 1 Mineral rights ❑ Other E The condition of the property at the time of sale was ❑ Good ❑ Average ❑ Fair ❑ Poor Please describe CERTIFICATION I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, is true and correct to the best of my knowledge and belief SIGN E 0 UYE EE 0� NAME OF BUYER/TRANSFEREE/LEGAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) Paul W Foster DATE Its/z/iS TITLE Mayor TELEPHONE ( 909 ) 798 7531 E MAIL ADDRESS cboatman@cityofredlands.org The Assessor's office may contact you for additional information regarding this transaction BOE 502 A (P3) REV 12 (05 13) ADDITIONAL INFORMATION Please answer all questions in each section, and sign and complete the certification before filing This form may be used in all 58 California counties If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a Preliminary Change of Ownership Report, the Recorder may charge an additional recording fee of twenty dollars ($20) NOTICE' The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the County Assessor Supplemental assessments are not paid by the title or escrow company at close of escrow, and are not included in lender impound accounts You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill NAME AND MAILING ADDRESS OF BUYER Please make necessary corrections to the printed name and mailing address Enter Assessors Parcel Number, name of seller, buyer's daytime telephone number, buyer's email address, and street address or physical location of the real property NOTE' Your telephone number and/or email address is very important. If there is a question or a problem, the Assessor needs to be able to contact you MAIL PROPERTY TAX INFORMATION TO Enter the name, address, city, state, and zip code where property tax information should be mailed This must be a valid mailing address PRINCIPAL RESIDENCE To help you determine your principal residence, consider (1) where you are registered to vote, (2) the home address on your automobile registration, and (3) where you normally return after work If after considering these criteria you are still uncertain, choose the place at which you have spent the major portion of your time this year Check YES if the property is intended as your principal residence, and indicate the date of occupancy or intended occupancy PART 1 TRANSFER INFORMATION If you check YES to any of these statements, the Assessor may ask for supporting documentation. C,D,E, F If you checked YES to any of these statements, you may qualify for a property tax reassessment exclusion, which may allow you to maintain your property's previous tax base A claim form must be filed and all requirements met in order to obtain any of these exclusions Contact the Assessor for claim forms NOTE If you give someone money or property during your life you may be subject to federal gift tax You make a gift if you give property (including money), the use of property, or the right to receive income from property without expecting to receive something of at least equal value in return The transferor (donor) may be required to file Form 709, Federal Gift Tax Return, with the Internal Revenue Service if they make gifts in excess of the annual exclusion amount G Check YES if the reason for recording is to correct a name already on title [e g , Mary Jones, who acquired title as Mary J Smith is granting to Mary Jones] This is not for use when a name is being removed from title H. Check YES if the change involves a lender, who holds title for security purposes on a loan, and who has no other beneficial interest in the property "Beneficial interest" is the right to enjoy all the benefits of property ownership Those benefits include the nght to use, sell, mortgage or lease the property to another A beneficial interest can be held by the beneficiary of a trust, while legal control of the trust is held by the trustee I A cosigner' is a third party to a mortgage/loan who provides a guarantee that a loan will be repaid The cosigner signs an agreement with the lender stating that if the borrower fads to repay the loan, the cosigner will assume legal liability for it M This is primarily for use when the transfer is into, out of, or between legal entities such as partnerships, corporations, or limited liability companies Check YES only if the interest held in each and every parcel being transferred remains exactly the same N• Check YES only if property is subject to subsidized low income housing requirements with governmentally imposed restrictions, property may qualify for a restricted valuation method (i e , may result in lower taxes) O If you checked YES, you may qualify for a new construction property tax exclusion A claim form must be filed and all requirements met in order to obtain the exclusion Contact the Assessor for a claim form PART 2 OTHER TRANSFER INFORMATION A. The date of recording is rebuttably presumed to be the date of transfer If you believe the date of transfer was a different date (e.g., the transfer was by an unrecorded contract, or a lease identifies a specific start date), put the date you believe is the correct transfer date If it is not the date of recording, the Assessor may ask you for supporting documentation B• Check the box that corresponds to the type of transfer If OTHER is checked please provide a detailed description Attach a separate sheet if necessary BOE 502 A (P4) REV 12 (05 13) PART 3 PURCHASE PRICE AND TERMS OF SALE It is important to complete this section completely and accurately The reported purchase price and terms of sale are important factors in determining the assessed value of the property, which is used to calculate your property tax bill Your failure to provide any required or requested information may result in an inaccurate assessment of the property and in an overpayment or underpayment of taxes A. Enter the total purchase price, not including closing costs or mortgage insurance "Mortgage insurance" is insurance protecting a lender against loss from a mortgagor's default, issued by the FHA or a private mortgage insurer B Enter the amount of the down payment, whether paid in cash or by an exchange If through an exchange, exclude the closing costs "Closing costs' are fees and expenses, over and above the price of the property, incurred by the buyer and/or seller, which include title searches, lawyer's fees, survey charges, and document recording fees C Enter the amount of the First Deed of Trust, if any Check all the applicable boxes, and complete the information requested A "balloon payment" is the final installment of a loan to be paid in an amount that is disproportionately larger than the regular installment D. Enter the amount of the Second Deed of Trust, if any Check all the applicable boxes, and complete the information requested E If there was an assumption of an improvement bond or other public financing with a remaining balance, enter the outstanding balance, and mark the applicable box An "improvement bond or other public financing" is a lien against real property due to property -specific improvement financing, such as green or solar construction financing, assessment district bonds, Mello Roos (a form of financing that can be used by cities, counties and special districts to finance major improvements and services within the particular district) or general improvement bonds, etc Amounts for repayment of contractual assessments are included with the annual property tax bill F Enter the amount of any real estate commission fees paid by the buyer which are not included in the purchase price G. If the property was purchased through a real estate broker check that box and enter the broker's name and phone number If the property was purchased directly from the seller (who is not a family member of one of the parties purchasing the property), check the "Direct from seller" box If the property was purchased directly from a member of your family, or a family member of one of the parties who is purchasing the property, check the "From a family member" box and indicate the relationship of the family member (e g , father, aunt, cousin, etc) If the property was purchased by some other means (e.g , over the Internet, at auction, etc ), check the 'OTHER" box and provide a detailed description (attach a separate sheet if necessa ry) H Describe any special terms (e g seller retains an unrecorded life estate in a portion of the property, etc ), seller concessions (e.g., seller agrees to replace roof, seller agrees to certain interior finish work, etc ), broker/agent fees waived (e.g., fees waived by the broker/agent for either the buyer or seller) financing, buyer paid commissions, and any other information that will assist the Assessor in determining the value of the property PART 44 PROPERTY INFORMATION A Indicate the property type or property right transferred Property rights may include water, timber, mineral rights, etc B Check YES if personal, business property or incentives are included in the purchase price in Part 3 Examples of personal or business property are furniture, farm equipment, machinery, etc Examples of incentives are club memberships (golf, health, etc ), ski lift tickets, homeowners' dues, etc Attach a list of items and their purchase price allocation An adjustment will not be made if a detailed list is not provided C Check YES if a manufactured home or homes are included in the purchase price Indicate the purchase price directly attributable to each of the manufactured homes If the manufactured home is registered through the Department of Motor Vehicles in lieu of being subject to property taxes, check NO and enter the decal number D Check YES if the property was purchased or acquired with the intent to rent or lease it out to generate income, and indicate the source of that anticipated income Check NO if the property will not generate income, or was purchased with the intent of being owner occupied E Provide your opinion of the condition of the property at the time of purchase If the property is in "fair" or "poor" condition, include a brief description of repair needed Form W-9 (Rev November 2017) Department of the Treasury Interne Revenue Service Request for Taxpayer Identification Number and Certification ► Go to wwwrrs.gov/FormW9for instructions and the latest information Give Form to the requester Do not send to the IRS I Print or type. See Specific Instructions on page 2 1 Name (as shown on your income tax return) Name is required on this line, do not leave this line blank City of Redlands a municipal corporation 2 Business name/disregarded entity name if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check following seven boxes Individual/sole proprietor or C Corporation I IS Corporation Partnership single member LLC Limited liability company Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Note Check the appropriate box in the line above for the tax classification of the single member LLC if the LLC is classified as a single member LLC that is disregarded from the owner unless the another LLC that is not disregarded from the owner for U S federal tax purposes Otherwise, a single is disregarded from the owner should check the appropriate box for the tax classification of its owner Other (see instructions) only one of the Trust/estate ► 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) (Apples to accounts (codes apply only to not individuals, see on page 3) code (if any) from FATCA reporting owner Do not check owner of the LLC is member LLC that maintatned outelde the U.5.) 5 Address (number, street, and apt or suite no ) See instructions PO Box 3005 Requester's name and address (optional) 6 City state and ZIP code Redlands CA 92373 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box The TIN provided must match the name given on line 1 to avoid Social security number backup withholding For individuals, this is generally your social security number (SSN) However, for a resident alien, sole proprietor, or disregarded entity see the instructions for Part I, later For other entities it is your employer identification number (EIN) If you do not have a number, see How to get a TIN, later Note If the account is in more than one name, see the instructions for line 1 Also see What Name and Number To Give the Requesterfor guidelines on whose number to enter Part II or 'Employer identification number 9 5 6 0 0 0 7 6 6 Certification Under penalties of perjury, I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 I am a U S citizen or other U S person (defined below), and 4 The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification instructions You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TINN See the instructions for Part II, later �\ HerSignature of Here u S person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W 9 and its instructions, such as legislation enacted after they were published, go to www irs gov/FormW9 Purpose of Form An individual or entity (Form W 9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN) or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include but are not limited to, the following • Form 1099 INT (interest earned or paid) ATTEST.�i�tei anne Donaldson, City Clerk Date 1 0 2 //g ) • Form 1099 DIV dividends, i ludi t ose from stocks or mutual funds • Form 1099 MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099 B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099 S (proceeds from real estate transactions) • Form 1099 K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098 E (student loan interest) 1098 T (tuition) • Form 1099 C (canceled debt) • Form 1099 A (acquisition or abandonment of secured property) Use Form W 9 only if you are a U S person (including a resident alien), to provide your correct TIN If you do not return Form W 9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding, later Cat No 10231X Form W 9 (Rev 11 2017) Form W-9 (Rev 11 2017) By signing the filled out form, you 1 Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2 Certify that you are not subject to backup withholding, or 3 Claim exemption from backup withholding if you are a U S exempt payee If applicable you are also certifying that as a U S person your allocable share of any partnership income from a U 5 trade or business is not subject to the withholding tax on foreign partners share of effectively connected income, and 4 Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct See What is FATCA reporting, later, for further information Note' If you are a U S person and a requester gives you a form other than Form W 9 to request your TIN, you must use the requesters form if it is substantially similar to this Form W-9 Definition of a U.S. person. For federal tax purposes, you are considered a U 5 person if you are • An individual who is a U S citizen or U S resident alien, • A partnership corporation, company or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301 7701-7) Special rules for partnerships Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business Further, in certain cases where a Form W-9 has not been received the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax Therefore, if you are a U S person that is a partner in a partnership conducting a trade or business in the United States, provide Form W 9 to the partnership to establish your U S status and avoid section 1446 withholding on your share of partnership income In the cases below, the following person must give Form W 9 to the partnership for purposes of establishing its U 5 status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States • In the case of a disregarded entity with a U 5 owner, the U 5 owner of the disregarded entity and not the entity, • In the case of a grantor trust with a U 5 grantor or other U S owner generally, the U S grantor or other U S owner of the grantor trust and not the trust, and • In the case of a U S trust (other than a grantor trust) the U S trust (other than a grantor trust) and not the bene-ficiaries of the trust Foreign person If you are a foreign person or the U S branch of a foreign bank that has elected to be treated as a U S person, do not use Form W 9 Instead, use the appropriate Form W 8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate I1 S tax on certain types of income However, most tax treaties contain a provision known as a "saving clause " Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U S resident alien for tax purposes If you are a U.S resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U S tax on certain types of income you must attach a statement to Form W 9 that specifies the following five items. 1 The treaty country Generally, this must be the same treaty under which_you claimed exemption from tax as a nonresident alien 2 The treaty article addressing the income. 3 The article number (or location) in the tax treaty that contains the savin clause and its exceptions in come The type and amount of that qualifies for the exemption from tax. 5 Sufficient facts to justify the exemption from tax under the terms of the treaty article Example. Article 20 of the U.S China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States Under U S law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years However paragraph 2 of the first Protocol to the U.S China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W 8 or Form 8233 Backup Withholding What is backup withhoTdmg' Persons making certain pa ments to you must under certain conditions withhold and pay to the IRS 28% of such payments This is called "backup withholding Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties nanemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators Real estate transactions are not subject to backup withholding Page 2 You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return Payments you receive will be subject to backup withholding if 1 You do not furnish your TIN to the requester, 2 You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3 The IRS tells the requester that you furnished an incorrect TIN, 4 The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5 You do not certify to the requester that you are not subject to backup withholding_ under 4 above (for reportable interest and dividend accounts opened alter 1983 only) Certain payees and payments are exempt from backup withholding See Exempt payee code, later, and the separate Instructions for the Re uester of Form W 9 for more information !so See Special rules for pactnerships, earlier W at Is FATCA Reporting The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States accountholders that are specified United States persons Certain payees are exempt from FATCA reporting See Exemption from FATCA reporting code, later, and the Instrlctions for the Requester of Form W 9 for more information Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person For example you may need to provide updated information if you are a C corporation That elects to be an S corporation or if you no longer are tax exempt In addition, you must furnish a new Form W 9 if the name or TIN changes for the account for example, if the grantor of a grantor trust dies Penalties Failure to furnish TIN If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect Civil penalty for false information with respect to withholding If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty Criminal penalty for falsifying information Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment Misuse of TINs If the requestor discloses or uses TINs in violation of federal law, the requestor may be subject to civil and criminal penalties Specific Instructions Line 1 You must enter one of the following on this line do not leave this line blank The name should match the name on your fax return If this Form W 9 is for a joint account Wither than an account maintained by a foreign financial institution (FFI)), list first, and then circle the name of the person or entity whose number you entered in Part I of Form W 9 If you are providing Form W 9 to an FFI to document a joint account, each holder of the account that is a U S person must provide a Form W 9 a Individual Generally, enter the name shown on your tax return If you have changed your last name without informing the Social Security Administration (SSA)(of the name change, enter your first name, the last name as shown on your social security card, and your new last name Note ITIN applicant Enter your individual name as it was entered on your Form W-7 application, line la This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application b Sole proprietor or singgle-member LLC. Enter your individual name as shown on your 1040j1040A/1040EZ on line 1 You may enter your business, trade, or doing business as" (DBA) name on line 2 c Partnership LLC that is not a single -member LLC, C corporation, or S corporation Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2 d Other entities Enter your name as shown on required U S federal tax documents an line 1. This name should match the name shown on the charter or other legal document creating the entity You may enter any business, trade or DBA name on line 2. e Disregarded entity For U S. federal tax purposes,. an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity " See Regulations section 301 7701-2(c)(2)(iii) Enter the owner's name on line I The name of the entity entered on line 1 should never be a disregarded entity The name on line 1 should be the name shown on the income tax return on which the income should be reported For example if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S person the U.S owner's name is required to be provided on line 1 If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes Enter the disregarded entity's name on line 2, "Business name/disregarded entity name If the owner of the disregarded entity is a torei n person the owner must complete an appropriate Form W 8 instead o1 a Form CAI 9 This is the case even if the foreign person has a U.5 TIN Form W 9 (Rev 11 2017) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2 Line 3 Check the appropriate box in line 3 for the U S federal tax classification of the person whose name is entered on line 1 Check only one box in line 3 IF the entity/person on line 1 is a(n) THEN check the box for • Corporation Corporation • Individual • Sole proprietorship, or • Single member limited liability company (LLC) owned by an individual and disregarded for U S federal tax purposes Individual/sole proprietor or single- member LLC • LLC treated as a partnership for U 5 federal tax purposes, • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U S federal tax purposes Limited liability companyand enter the appropriate tax clssification. (P= Partnership, C= C corporation; or ST S corporation) • Partnership Partnership • Trust/estate Trust/estate Lme 4, exemptions If you are exempt from backup enter in the appropriate space in you Exempt payee code • Generally, individuals (rncludmg sole proprietors) are not exempt from backup withholding • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099 MISC The following codes identify payees that are exempt from backup withholding Enter the appropriate code in the space in line 4 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U 5 commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U S commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding The chart applies to the exempt payees listed above, 1 through 13 withholding and/or FATCA reporting, line 4 any code(s) that may apply to Paae 3 IF the payment is for ... THEN the payment is exempt for Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012 Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $60u required to be rep�orted and direct sales over $5,000` Generally' exempt payees 1 through 52 9 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 ee Form 1099 MISC, Miscellaneous Income, and its instructions 2However the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and -payments for services paid by a federal executive agency Exemption from FATCA reporting code The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions Therefore if you are only submitting this form for an account you hold in the United States, you may leave this field blank Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements A requester may indicate that a code is not required ,by providing you with a Form W 9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B -The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U S commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly, traded on one or more established securities markets, as described in Regulations section 1 1472 1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c (1)(i) F—A dealer in securities, commodities or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate Investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) plaM—A fax exempt trust under a section 403(b) plan or section 457(g) Note You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee cgde should be completed Line 5 Enter your address (number street and apartment or suite number) This is where the requester of this Form W 9 will mail your information returns If this address differs from the one the requester already has on file, write NEW at the top If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records Line 6 Enter your city state, and ZIP code Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box If you are a resident alien and you do riot have and are not eligible to get an SSN your TIN is your IRS individual taxpayer identification number (ITIN) inter it in the social security number box If you do not have an MN, see How to get a TIN below Form W 9 (Rev 11-2017) If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN If you are a single member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN if the owner has one) Do not enter the disregarded entity's EIN If the LLC is classified as a corporation or partnership, enter the entity's EIN Note See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations How to get a TIN If you do not have a TIN, apply for one immediately To apply for an SSN, get Form SS 5, Application for a Social Security Card, from your local SSA office or get this form online at wwwSSA.gov You may also get this form by calling 1 800-772 1213 Use Form W 7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS 4, Application for Employer Identification Number, to apply for an EIN You can apply for an EIN online by accessing the IRS website at www.irsgov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business Go to www/rs.gov/Farms to view, download, or print Form W 7 and/or Form SS 4 Or you can go to wwwrrs.gov/OrderFormsto place an order and have Form W 7 and/or SS 4 mailed to you within 10 business days If you are asked to complete Form W 9 but do not have a TIN, apply for a TIN and write "Applied For in the space for the TIN, sign and date the form, and give it to the requester For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments The 60 day rule does not apply to other types of payments You will be subject to backup withholding on all such payments until you provide your TIN to the requester Note Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon Caution A disregarded U S entity that has a foreign owner must use the appropriate Form W-8 Part II, Certification To establish to the withholding agent that you are a U S person, or resident alien, sign Form W-9 You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise For a joint account, only the person whose TIN is shown in Part I should sign (when required) In the case of a disregarded entity, the person identified on line 1 must sign Exempt payees, see Exempt payee code, earlier Signature requirements Complete the certification as indicated in items 1 through 5 below 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification 2 Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983 You must sign the certification or backup withholding will apply If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form 3 Real estate transactions You must sign the certification You may cross out item 2 of the certification 4 Other payments You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN `Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporation 5 Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions You must give your correct TIN, but you do not have to sign the certification Page 4 What Name and Number To Give the Requester For this type of account Give name and SSN of. 1 Individual The individual 2 Two or more individuals (joint account) other than an account maintained by an FFI The actual owner of the account or, if combined funds, the first individual on the account 1 3 Two or more U.S persons (joint account maintained by an FFI) Each holder of the account 4 Custodian account of a minor (Uniform Gift to Minors Act) The minor 2 5 a The usual revocable savings trust (grantor is also trustee) b So called trust account that is not a legal or valid trust under state law The grantor -trustee 1 The actual owner 1 6 Sole proprietorship or disregarded entity owned by an individual The owner 3 7 Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulation section 1 671 4(b)(2)(i)(A)) The grantor For this type of account Give name and EIN of'. 8 Disregarded entity not owned by an individual The owner 9 A valid trust, estate, or pension trust Legal entity" 10 Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation 11 Association, club, religious, chartable, educational, or other tax- exempt organization The organization 12 Partnership or multi member LLC The partnership 13 A broker or registered nominee The broker or nominee 14 Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity 15 Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1 671 4(b) )(i)(B)) The trust List first and circle the name of the person whose number you furnish If only one person on a joint account has an SSN, that person's number must be furnished ?Circle the minor's name and furnish the minor's SSN 3You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN 'List first and circle the name of the trust, estate, or pension trust (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title) Also see Special rules for partnerships, earlier *Note Grantor also must provide a Form W-9 to trustee of trust Note If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund To reduce your risk • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter Form W-9 (Rev 11 2017) If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1 800 908-4490 or submit Form 14039 For more information see Pub 5027, Identity Theft Information for Taxpayers Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance You can reach TAS by calling the TAS toll free case intake line at 1 877-777 4778 orTfY/TDD 1 800 829-4059 Protect yourself from suspicious emails or phishing schemes Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft The IRS does not initiate contacts with taxpayers via emails Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts If you receive an unsolicited email claiming to be from the IRS, forward this message to phishingOirsgov You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1800-366-4484 You can forward suspicious emails to the Federal Trade Commission at spamca7uce.govor report them at wwwttc.gov/complaint You can contact the FTC at wwwftcgov/idtheft or 877-IDTHEFT (877 438 4338) If you have been the victim of identity theft, see www IdentityTheftgov and Pub 5027 Visit www.irsgov/ldentrtyTheft to learn more about identity theft and how to reduce your risk Page 5 Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, the cancellation of debt, or contributions you made to an IRA, Archer MSA, or HSA The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U S commonwealths and possessions for use in administering their laws The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism You must provide your TIN whether or not you are required to file a tax return Under section 3406 payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer Certain penalties may also apply for providing false or fraudulent information First American Title Insurance Company NATIONAL COMMERCIAL SERVICES 3281 E Guasti Road, Suite 440 Ontario, CA 91761 Ph (909)510 6206 FAX (877)461 2088 DATE September 26, 2018 Escrow # NCS 870208-ONT1 TO Escrow Officer Kelly Simoneau EXCHANGE INFORMATION We need the following information to process your escrow Please complete this form and return to our office I/We request that First American Exchange Company contact us to discuss a 1031 Exchange Or, I/we may also contact First American Exchange directly at (877) 317-1031 to discuss a Tax - Deferred Exchange I/We will contact My Exchange Company listed below regarding a Tax -Deferred Exchange I/We will ask them to contact you Accommodator Exchange Officer Exchange Number Phone and Fax Number E-Mail Address Final Date to Exchange XJ I/We are certain that we will NOT be doing a 1031 Exchange Transaction for this property I/We hereby authorize you as Escrow Holder to discuss this file with my Exchange Company in order to process this escrow Name Paul W Foster ayor (909) 798- 7531 Signature Phone Number Jeanne Donaldson, City Clerk Signature PLEASE COMPLETE AND RETURN 7531 Phone Number F -tAmerican N t ra1H zardD,selosoref FANHD Commercial Property Disclosure Reports Disclosure Report Signature Page For SAN BERNARDINO County Property Address 302 W COLTON AVE APN 0169-053-11-0000 REDLANDS, SAN BERNARDINO COUNTY, CA 92374 Report Date 09/24/2018 ("Property") Report Number 2365468 Natural Hazard Disclosure ("NHD") Statement and Acknowledgment of Receipt DISCLAIMER This NHD Summary (a) is not valid unless delivered with the complete FANHD Disclosure Report which transferee must read and acknowledge before close of escrow, and (b) is subject to the Terms and Conditions contained in that complete Disclosure Report The transferor and his or her agent(s) or a third party consultant disclose the following information with the knowledge that even though this is not a warranty prospective transferees may rely on this information in deciding whether and an what terms to purchase the Property Transferor hereby authorizes any agent(s) representing any principal(s) in this action to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the Property The following are representations made by the transferor and his or her agent(s) or a third party consultant based on their knowledge and maps drawn by the State This information is a disclosure and is not intended to be part of any contract between the transferee and the transferor THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S) A SPECIAL FLOOD HAZARD AREA (Any type Zone A or V") designated by the Federal Emergency Management Agency Yes_ No X Do not know and information riot available from local jurisdiction AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation map pursuant to Section 8589 5 of the Government Code Yes No X Do not know and information not available from local jurisdiction A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178 or 51179 of the Government Code The owner of this Property is subject to the maintenance requirements of Section 51182 of the Government Code Yes No X A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISK AND HAZARDS pursuant to Section 4125 of the Public Resources Code The owner of this Property is subject to the maintenance requirements of Section 4291 of the Public Resources Code Additionally it is not the state's responsibility to provide fire protection services to any building or structure located within the wildlands unless the Department of Forestry and Fire Protection has entered into a cooperative agreement with a local agency for those purposes pursuant to Section 4142 of the Public Resources Code Yes No X AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public Resources Code Yes No X A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public Resources Code Yes (Landslide Zone)_ Yes (Liquefaction Zone) No_ Map not yet released by state X THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY TO OBTAIN INSURANCE OR TO RECEIVE ASSISTANCE AFTER A DISASTER THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE NATURAL HAZARDS EXIST THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR NOT A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER TRANSFEREE(S) AND TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING THOSE HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY Signature of Transferor(s) Date Signature of Transferor(s) Date Signature of Agent Date Signature of Agent Date Transferor(s) and their agent(s) represent that the information herein is true and correct to the best of their knowledge as of the date signed by the transferor(s) and agent(s) Transferor(s) and their agent(s) acknowledge that they have exercised good faith in the selection of a third party report provider as required in Civil Code Section 1103 7 and that the representations made in this Natural Hazard Disclosure Statement are based upon information provided by the independent third party disclosure provider as a substituted disclosure pursuant to Civil Code Section 1103 4 Neither transferor(s) nor their agent(s) (1) has independently verified the information contained in this statement and Report or (2) is personally aware of any errors or inaccuracies in the information contained on the statement This statement was prepared by the provider below Third Party Disclosure Provider(s) FIRST AMERICAN PROFESSIONAL REAL ESTATE SERVICES, INC. OPERATING THROUGH ITS FANHD DIVISION Date 24 September 2018 Transferee represents that he or she has read and understands this document Pursuant to Civil Code Section 1103.8 the representations in this Natural Hazard DiState rent do not ;Qr-tit , or's or agents disclosure obligations in this transaction 10 Signature of Transferee(s Dat Signature of Transferee(s) Date TRANSFEREE(S1 REPRESENTS ABOVE HE/SHE HAS RECEIVED, READ AND UNDERSTANDS THE COMPLETE FANHD DISCLOSURE REPORT DELIVERED WITH THIS SUMMARY: A Commercial Natural Hazard Disclosure Report B Additional Property specific Statutory Disclosures Former Military Ordnance Site Airport Influence Area Airport Noise San Francisco Bay Conservation and Development District Jurisdiction (in S F Bay counties only) C Additional County and City Regulatory Determinations as applicable Airports Avalanche Blow Sand Coastal Zone Dam/Levee Failure Inundation Debris Flow Erosion Flood, Fault Zone Fire Groundwater Landslide Liquefaction Methane Gas Mines Naturally Occurring Asbestos Redevelopment Area Right to Farm Runoff Area Seiche Seismic Shaking Seismic Ground Failure Slope Stability Soil Stability Subsidence TRPA Tsunami D General advisories Methamphetamine Contamination, Mold Radon Endangered Species Act Abandoned Mines Oil & Gas Wells Tsunami Maps (coastal only) Non residential Building Energy Use E Government Guides in Combined Booklet with Report Refer to Booklet Commercial Property Owner's Guide to Earthquake Safety Government Guides are also available on the Company's Electronic Bookshelf at http.//wwww.disclosures.com/ ©2018 First Amencan Professional Real Estate Services Inc 200 Commerce Suite 100 Irvine CA 92602 Phone (800) 527 0027 Fax (800) 854-9625 Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 1 `ls1 A)IF.,it e4 440 September 24, 2018 Amendment First American Title Insurance Company National Commercial Services 3281 E Guasti Road, Suite 440 Ontario, CA 91761 September 24, 2018 Herrick Johnson Lee & Associates Commercial Real Estate Services, Inc - Riverside 4193 Flat Rock Dr Ste 100 Riverside, CA 92505-7112 Phone (951)276-3600 Fax (951)276-3650 Customer Reference 302 West Colton Avenue Title Officer Matthew Hooks Title Assistant Erin West Phone (909)510 6207 Phone (909)510-6215 Email, mhooks@firstam com Email sss ewest@firstam com Order Number NCS-870208-ONT1 Property 302 West Colton Avenue, Redlands, CA Attached please find the following item(s) Commitment Thank You for your confidence and support We at First American Title Insurance Company maintain the fundamental principle Customer First' First American 77tle Insurance Company Form No 1068-2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask The Commitment is based on the land title as of the Commitment Date Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment TABLE OF CONTENTS Page Agreement to Issue Policy 3 Schedule A 1 Commitment Date 4 2 Policies to be Issued, Amounts and Proposed Insured 4 3 Interest in the Land and Owner 4 4 Description of the Land 4 Schedule B-1 - Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY If you have any questions about the Commitment, please contact the issuing office Form No 1068-2 Commitment No NCS 870208 ONTI ALTA Plain Language Commitment Page Number 3 COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy Our obligation under this Commitment is limited by the following The Provisions in Schedule A The Requirements in Schedule B 1 The Exceptions in Schedule B-2 The Conditions This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B Form No 1068-2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 4 SCHEDULE A 1 Commitment Date September 18, 2018 at 7 30 A M 2 Policy or Policies to be issued (A) ALTA Owner's Policy ALTA Standard Owner Policy Proposed Insured To Be Determined (B) ALTA Loan Policy To Be Determined Proposed Insured To Be Determined 3 (A) The estate or interest in the land described in this Commitment is Fee (B) Title to said estate or interest at the date hereof is vested in, Investwest Partners IV, L P , a California Limited Partnership Amount $To Be Determined $To Be Determined 4 The land referred to in this Commitment is situated in the City of Redlands, County of San Bernardino, State of California, and is described as follows PARCEL ONE LOT 1 IN BLOCK A OF VALLEY VIEW ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 OF MAPS, PAGE(S) 14 RECORDS OF SAID COUNTY PARCEL TWO INTENTIONALLY DELETED PARCEL THREE INTENTIONALLY DELI i t_D PARCEL FOUR INTENTIONALLY DELETED PARCEL FIVE INTENTIONALLY DELETED Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 5 PARCEL SIX INTENTIONALLY DELETED APN' 0169 053-11-0-000 Form No 1068 2 Commitment No NCS 870208 ONTI ALTA Plain Language Commitment Page Number 6 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured (B) Pay us the premiums, fees and charges for the policy (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions (E) Releases(s) or Reconveyance(s) of Items) 10 (F) Other None (G) You must give us the following information 1 Any off record leases, surveys, etc 2 Statement(s) of Identity, all parties 3 Other With respect to Investwest Group, LLC (General Partner), a certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California The following additional requirements, as indicated by "X", must be met [X] (H) Provide information regarding any off -record matters, which may include, but are not limited to leases, recent works of improvement, or commitment statements in effect under the Environmental Responsibility Acceptance Act, Civil Code Section 850, et seq The Company's Owner's Affidavit form (as provided by company) must be completed and submitted prior to close in order to satisfy this requirement. This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary [] (I) An ALTA/NSPS survey of recent date, which complies with the current minimum standard detail requirements for ALTA/NSPS land title surveys, must be submitted to the Company for review This Commitment will then be subject to such further exceptions and/or requirements as may be deemed necessary [] (3) The following LLC documentation is required (i) a copy of the Articles of Organization (u) a copy of the Operating Agreement, if applicable (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Company Consent to the current transaction Form No 1068-2 Commitment No NCS 870208 0NT1 ALTA Plain Language Commitment Page Number 7 [X] (K) The following partnership documentation is required : (i) a copy of the partnership agreement, including all applicable amendments thereto (ii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iii) express Partnership Consent to the current transaction [] (L) The following corporation documentation is required (i) a copy of the Articles of Incorporation (ii) a copy of the Bylaws, including all applicable Amendments thereto (iii) a Certificate of Good Standing and/or other evidence of current Authority to Conduct Business within the State (iv) express Corporate Resolution consenting to the current transaction [X] (M) Based upon the Company's review of that certain partnership/operating agreement dated Not disclosed for the proposed insured herein, the following requirements must be met [] Any further amendments to said agreement must be submitted to the Company, together with an affidavit from one of the general partners or members stating that it is a true copy, that said partnership or limited liability company is in full force and effect, and that there have been no further amendments to the agreement This Commitment will then be subject to such further requirements as may be deemed necessary (N) A copy of the complete lease, as referenced in Schedule A, #3 herein, together with any amendments and/or assignments thereto, must be submitted to the Company for review, along with an affidavit executed by the present lessee stating that it is a true copy, that the lease is in full force and effect, and that there have been no further amendments to the lease This Commitment will then be subject to such further requirements as may be deemed necessary [X] (0) Approval from the Company's Underwriting Department must be obtained for issuance of the policy contemplated herein and any endorsements requested thereunder This Commitment will then be subject to such further requirements as may be required to obtain such approval [] (P) Potential additional requirements, if ALTA Extended coverage is contemplated hereunder, and work on the land has commenced prior to close, some or all of the following requirements, and any other requirements which may be deemed necessary, may need to be met (Q) The Company's "Indemnity Agreement I" must be executed by the appropriate parties (R) Financial statements from the appropriate parties must be submitted to the Company for review [] (S) A copy of the construction contract must be submitted to the Company for review [] (T) An inspection of the land must be performed by the Company for verification of the phase of construction [] (U) The Company's "Mechanic's Lien Risk Addendum" form must be completed by a Company employee, based upon information furnished by the appropriate parties involved. Form No 1068-2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 8 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached Copies of the policy forms should be read They are available from the office which issued this Commitment The Following Matters Affect Parcel One 1 General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or payable 2 The lien of defaulted taxes for the fiscal year 2015, and any subsequent delinquencies Tax Rate Area 005068 A. P. No.. 0169-053-11-0-000 Amount to redeem* $63,983 90 Valid through' September 2018 Amount to redeem $64,640 86 Valid through October 2018 Please contact the tax office to verify the payoff amount 3 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3 5 commencing with Section 75 of the California Revenue and Taxation Code. 4 An Agreement executed by Robert Bedew, et ux , Stanley C Allen and Mrs Rosa Waghers, recorded May 6, 1913 in book 529, page 29, of deeds, relating to sewer pipelines and laterals, and an Agreement that expense of constructing and maintaining same shall be herein in equal shares by said parties 5 An easement for public utilities and incidental purposes in the document recorded January 19, 1955 as Book 3549, Page 286 of Official Records 6 This item has been intentionally deleted 7 This item has been intentionally deleted 8 This item has been intentionally deleted 9 This item has been intentionally deleted Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 9 10 A deed of trust to secure an original indebtedness of $1,055,217 00 recorded February 10, 2009 as Instrument No 2009 0057136 of Official Records Dated April 15, 2008 Trustor, Investwest Partners IV, L P Trustee First American Title Co. Beneficiary. Spartan Partners, A California General Partnership Affects The land and other property 11. An easement for irrevocable roadway and incidental purposes, recorded March 27, 2009 as Instrument No 2009-0130419 of Official Records In Favor of. City of Redlands, a Municipal Corporation Affects as described therein 12 Water rights, claims or title to water, whether or not shown by the public records 13 Rights of parties in possession. The Following Matters Affect Parcel Two' 14 This item has been intentionally deleted 15 This item has been intentionally deleted 16 This item has been intentionally deleted 17. This item has been intentionally deleted 18 This item has been intentionally deleted 19 This item has been intentionally deleted 20 This item has been intentionally deleted 21 This item has been intentionally deleted 22. This item has been intentionally deleted 23 This item has been intentionally deleted 24 This item has been intentionally deleted 25 This item has been intentionally deleted 26 This item has been intentionally deleted The Following Matters Affect Parcels Three and Four: 27 This item has been intentionally deleted Form No 106E-2 Commitment No NCS 87020E ONTI ALTA Plain Language Commitment Page Number 10 28. This item has been intentionally deleted 29 This item has been intentionally deleted 30 This item has been intentionally deleted 31 This item has been intentionally deleted 32 This item has been intentionally deleted 33 This item has been intentionally deleted 34 This item has been intentionally deleted 35 This item has been intentionally deleted 36 This item has been intentionally deleted 37 This item has been intentionally deleted 38 This item has been intentionally deleted 39. This item has been intentionally deleted 40 This item has been intentionally deleted. 41 This item has been intentionally deleted 42 This item has been intentionally deleted The Following Matters Affect Parcel Five 43. This item has been intentionally deleted 44 This item has been intentionally deleted 45 This item has been intentionally deleted 46 This item has been intentionally deleted 47 This item has been intentionally deleted 48 This item has been intentionally deleted 49 This item has been intentionally deleted 50 This item has been intentionally deleted 51 This item has been intentionally deleted 52 This item has been intentionally deleted 53 This item has been intentionally deleted Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 11 54 This item has been intentionally deleted 55 This item has been intentionally deleted The Following Matters Affect Parcel Six 56 This item has been intentionally deleted 57 This item has been intentionally deleted 58 This item has been intentionally deleted 59 This item has been intentionally deleted 60 This item has been intentionally deleted 61 This item has been intentionally deleted 62 This item has been intentionally deleted 63 This item has been intentionally deleted 64 This item has been intentionally deleted 65 This item has been intentionally deleted 66 This item has been intentionally deleted 67. This item has been intentionally deleted Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 12 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 Taxes for proration purposes only for the fiscal year 2017-2018. First Installment $770 85, PAID Second Installment $770 82, PAID Tax Rate Area 005068 APN 0169-053-11-0-000 2 The property covered by this report is vacant land 3 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 4 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 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.***** Form No 1068-2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 13 CONDITIONS 1 DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located 2 LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met We shall have no liability to you because of this amendment 3 EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing 4 LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you 5 CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 14 FirstAmerican Title "A, ,dam;, ale Privacy Information 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 mformahon 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 subsidiaries 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 that 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 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 alter 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 or 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 mformahon we tolled as descnbed 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 Secunty 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 entitles 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 Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates Web sites on the World Wide Web without telling us who you are or revealing any Information about yourself Our Web servers collect the domain names, not the e-mail addresses, of visitors This information Is aggregated to measure the number of visits, average time spent an the site, pages viewed and similar information First American uses this information to measure the use of our site and to develop ideas to improve the content of our site There are times, however, when we may need information from you, such as your name and email address When Information Is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information Usually the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information If you choose to share any personal information with us we will only use It In accordance with the policies outlined above Business Relationships First American Financial Corporation's site and its affiliates sites may contain links to other Web sites While we try to link only to sites that share our high standards and respect for privacy we are not responsible for the content or the privacy practices employed by other sites Cookies Some of First American's Web sites may make use of 'cookie technology to measure site activity and to customize information to your personal tastes A cookie Is an element of data that a Web site can send to your browser which may then store the cookie on your hard dnve FirstAm.com uses stored cookies The goal of this technology Is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy Public Record We believe that an open public record creates significant value for society enhances consumer choice and creates consumer opportunity We actively support an open public record and emphasize its importance and contribution to our economy Use We believe we should behave responsibly when we use information about a consumer in our business We will obey the laws governing the collection, use and dissemination of data Accuracy We will take reasonable steps to help assure the accuracy of the data we collect use and disseminate Where possible, we will take reasonable steps to correct inaccurate information When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers In identifying the source or the erroneous data so that the consumer can secure the required corrections Education We endeavor to educate the users of our products and services, our employees and others In our industry about the Importance of consumer privacy We will instruct our employees on our fair information values and on the responsible collection and use of data We will encourage others in our Industry to called and use information in a responsible manner Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain Form 50 PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001 2010 First American Financial Corporation) Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 15 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records 2 Any facts, rights interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3 Easements liens or encumbrances, or claims thereof, which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water whether or not the matters excepted under (a), (b), or (c) are shown by the public records EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of 1 (a) Any law, ordinance or governmental regulation (including but not limited to budding and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens, encumbrances, adverse claims or other matters (a) whether or not recorded in the public records at Date of Policy, but created, suffered assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6 Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws 2 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and notes an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy SCHEDULE B Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 16 This policy does not insure against foss or damage by reason of the matters shown in parts one and two following Part One 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2 Any facts rights interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3 Easements, claims of easement or encumbrances which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records 5 Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water 6 Any lien, or right to a hen for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records 4 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy) 4 Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable doing business" laws of the state in which the land is situated 5 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy SCHEDULE 13 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following Part One 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3 Easements claims of easement or encumbrances which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records 5 Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records 6 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (lip a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy Form No 1068 2 Commitment No NCS 870208 ONT1 ALTA Plain Language Commitment Page Number 17 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory ken for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy), or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable 'doing business laws of the state in which the land is situated 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6 Any statutory hen for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance 7 Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination, or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor 7 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys fees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2 Any facts rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3 Easements, claims of easement or encumbrances which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records 5 Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water 6 Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (e) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy, or