The URL can be used to link to this page

Home My WebLink AboutMS 97-02; LOT 28 JOINT VENTURE; Engineering ApplicationPROJECT NAME: CITY OF .RLSBAD -ENGINEERING .PARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Comelete all aeeroeriate information Write N/A when not aeelicable LOl 2..5 .::lD \).JT \J E.)...fm 12..f:. DATE: ;Z-4-?;? PROJECT DESCRIPTION: -rt::111 A ,,\I s:. PAe.Ca ~Ae PROJECT ADDRESS: t-jOIJ. E.. AT 11 .. h'!> "'~s. LOT NO(S).: z.~ MAP NO.: 1\ 2.'b~ APN(S).: . 2.12·0ca 0-0:1 OWNER: IISe.e. AiT'l'\C-HE..b II APPUCANT: Cb. ;' '~ /l ·w.s~77p/ ~';y~~Mr~ Mailing Address: Z-l-/-1-J?;'/~ kG ::;&;V?? Mailing Address: ~G- -e5'"&:1/1/"?/tP'e71. ~.#,.,. 9z,Z? . Phone Number: ( 1 Phone Number: ( ~al P'#'-f1'~ I certify that I am trie legal owner and that all the above information I certify that I am the agent of the legal owner and that all informatjon on is true and correct to th~ best of my knowledge. this sheet is true ~OWledge._ Signature Date Signature ."'" Date :z.-447 CIVIL ENGINEER: gO(?)I!;R..1" e,. ~~"\C.e. SOILS ENGINEER: . Firm: CDYs~lLnQrJ 'TE5n Nt.. '" El.l~It.lc:f:t2.I~ Firm: . Mailing Address: 2414 \111-l£'fAt.l): S'TE.. fa Mailing Address: : t;:sc.Ol-.l"t> I'DQ I c.Pt '\2.Q~5 Phone Number: , lD\q 1 J4~-4q55 Phone Number: { 1 state Registration Number: L:54~5l.a state Registration Number: LANDSCAPE ARCHITECT: ADDITIONAL COMMENTS: Firm: Mailing Address: .-.- Phone Number: ( 1 . State Registration Number: , NO. OF DWELUNG UNITS: 0-LFMP ZONE: NO. OF LOTS: :3 NO. OF ACRES: 5--// IMPROVEMENT VALUATION: sewer, water & reclaimed water: Water District (circle one):(Carlsbad Munici~al Water DistrictJ Olivenhain Vallecitos streets ~nd drainage: f>4..\ STI ~c..." landscape: Dq STI t.) 0... GRADING QUANTITIES: )JQ~E CY cut cy fill by remedial cy import/export cy PLEASE CHECK OFF APPLICATION TYPES ON REVERSE SIDE P:\DOCS\MISFORMS\FRM00063 REV 04/28/95 , -..t .~ . . ':.' .:: Mailing Address: ;:.~;;~{~;;. CITY OF tttRLSBAD -ENGINEERING .PARTMENT APPLICATION FOR ENGINEERING PLANCHECK OR PROCESSING Ci()10 c.L· CJ\t"{\ \00 emL'c.. CAe.t.~i6'Ab! C. A 92COB ( 10 19 1 4f2I-lo$et6 DATE:,_--=2':...=6-4-, '..:;~...!.?" __ ;; APPUCANT: Mailing Address: ' Phone Number: ~.'. :;i·'t~j;j:~.-: Phone Number: ~. ~:.\:I/'~: i:!:".JZ, • ~.;;~:';;;~~""""'~-.......... ~~~'~Kis~r""";ff$it¢i~~ Data/t-Z6-96 '~,~;;:i@:':~:-: :~~ e~!':,: ~ :::: :==:~L.#C f ::S')~~:;~ . C8 OJ 'QI',AQ, CJe\ g 2Co$ .....;C::=::.:...A12..L6.:...=:1i-..:lo·f6-'l~~+-l C1oo.o8;.,.., !....9.;;..L..§:17.C6io.6o..L.l%II...-_-tI·~~ . ;~< .. :-: .. ".':-: Phone Number. (l.ol9) 461-la~ffi Phone Number: .1..I.Ior:::....I....JL......L~-YI~~~-,-_______ l"_ :t!.:)~~·: ! certify that I am ffie legal. owner n and that all information 6n ~., , ;;. ~ :,' ,:,' IS true and correct t ~m~"nr" my knowledge. :. :\~,)~:j Signao/re~.4fj~~~~~=IDate /2.,U JiO Signature~~~~~~~:!:::=-IDate 12,N Jl b:i .'.,'>:'':'::: OWNER: E" ~TAlJL£yJ f2..0"DIE;R... APPUCA E..,6~'\.llli 12:D"Dl\S2.. I :,_.~ .. ,-: tMillngAddrass: -,C1QO VI A CAPI'2..,I ' MailirigAddrass: 1Ct9D V\A CAP£"'L, ! ,~;:-~; LA dDl.i..B, CA 9 ZOot L.P. 9C~ I C A 920'6'] r . .' '.: ,>t. Phone Number: (to lot ) ~C6-l'"tor Phone Number: do 19 l&%%-} -4 OJ: r ':'~~":>':::~ I certify that I am tfialagal.owner and that'all the above information I ca1Ify that I am the agent of the legal owner and that all information on !, ,'-':. "<';:" '. is true and correct to ~ best of mY edge. this sheet is true and to my knoWledge. l .. ' .. :" ...•. Signature te \2..-Z'e'""1lp Signature--==~"""';"'~~~""":;';;;"";;"'=' _____ T '. ' .. . .. .,' ", ... A... • • Ie., ' ... " .. ~ ~. ~ .... " . J " ." FEB'-G 199/-·'" .. ' .--" . , .. ' ---.'. . ENGINEERING . DEPARTMENT , ... ' P:\DOCS\MI8FORM8\FRM00063 REV 04/28{95 PROJECT MAP REVIEW COMPLETION The following project maps have been reviewed and are recommended for approval: >l; Project Name: fAt 21 JOIIJ/ t/~IV-Iv~t- Project No.: Ytl ~ f7--f)"Z.. Map No.: p~ 3,2.93 PI< 3.2.94 p~ 2.3, (33 . Sheets No. : __________________ .....-___ through------,..,------------ DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the map review of this project as defined in Section 8703 of the Business and Professions Code to determine that the maps are found to be in substantial compliance with applicable codes and standards. Map review of these project maps does not relieve the Land Surveyor or Engineer of Work of the responsibilities of compliance with state and local ordinances. Berryman & Henigar 11590 West Bernardo Court San Diego, CA 92127 (619) 451-6100 Signed.-J~~~~ __ ~~~--------~~ K:\admin\fieldser\proj rev map comp.doc • • PROJECT PLAN REVIEW COMPLETION The following project plans have been revjewed and are recommended for approval: Project Name: LOr ~ J~lNr v eJ1U~&"" Project No: O\S q1-D~ Drawing No: prY'\ 'l1-b~ Sheets No. I through __ 3--=-__________ ---- DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine. that the plans are found to be in substantial compliance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for the project design. Firm: . Ello'rin Consulting Engineers Address: ~04~ !~inA~ V.istR ~!ive, Suite 106 San MarcQs, CA 92069 By: -lJ-l~-.L.I...~oI..I....I...l.U......L....U.._......,. P.E. (Civil) No: $f (seal) Rev. 2/8/96 F:\USERS\RALLE\WPDATA\PLANREV. EL PARCEL MAP GUARANTEE Order Number: 981056-4 Fee: $500.00 Date of Policy: March 18, 1997 Parcel Map Reference: M.S. 97-02 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. Issued By GUARANTEES The City of Carlsbad herein called the Assured, against loss not exceeding $1,000, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records on the date stated below, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. Had said Parcel Map been recorded in the Office of the County Recorder of said County, such Map would be sufficient for use as a primary reference in legal descriptions of the parcels within its bound~ies. Countersigned: CLTA Guarantee Form No. 23 (Revised 1/13178) Fonn 1076-1 ... ----------------------------------~------------- 981056 Page 2 The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE Title to said estate or interest at the date hereof is vested in: Ayman Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest, Mazen M. Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest and E. Stanley Rodier, a single man as to an undivided 4/6 interest, as tenants in common The land included within the boundaries of the Parcel Map hereinbefore referred to in this Guarantee is described as follows: Lot 28 of Carlsbad Tract No. 81-46 Unit No.2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. Excepting therefrom an undivided 50 % interest of all oil, mineral, gas and other hydrocarbon substances below a depth of 500 feet under the real property, without right of surface entry as reserved by Carlsbad Properties, a partnership recorded July 5, 1978 as File No. 78-279136 of Official Records. CLTA Guarantee Fonn No. 23 (Revised 1/13178) Fonn 1076-1 981056 Page 3 Exceptions: A. General and special taxes, including any assessments collected with taxes, to be levied for the fiscal year 1997-1998, which are a lien not yet payable. B. General and special taxes, including any personal property taxes, and assessments collected with taxes for the fiscal year 1996-1997. Total: First Installment: Second Installment: Penalty: Land: $9,567.16 4,783.58 Paid 4,783.58 Not Paid 488.35, if Delinquent 572,000.00 Improvements: none Homeowners' Exemption: $ none Code: Parcel: 09104 212-093-09 C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. 1. A document subject to all the terms, provisions and conditions therein contaiued. Entitled: Dated: Executed by: Recorded: For the payment of a public facilities October 29, 1980 Palomar Business Park D.B.A. Airport Business Center -Carlsbad and the City of Carlsbad, a municipal corporation November 16, 1981 as File No. 81-361926 of Official Records Reference is made to said document for full particulars. 2. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: Hold Harmless Agreement May 14, 1984 Palomar Business Park, a joint venture and the City of Carlsbad June 7, 1984 as File No. 84-214355 of Official Records Reference is made to said document for full particulars. 3. The fact that the owners of said land have no rights of vehicular access to the street Qr highway abutting said land, except the public right to travel on same. Said rights have been relinquished by the dedication provision on the map of the Tract referred to below. Tract No: Map No. 11288 CLTA Guarantee Form No. 23 (Reviled 1113178) Fonn 1076-1 981056 Page 4 Affects: Camino Vida Roble adjacent to Lot 28. 4. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Executed by: Carlsbad Airport Centre and City of Carlsbad Recorded: July 16, 1985 as File No. 85-252983 of Official Records Reference is made to said document for full particulars. 5. Covenants, conditions, restrictions, provisions (deleting any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), easements, assessments, liens and charges as set forth in a Declaration of Restrictions Recorded: September 12, 1986 as File No. 86-401456 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: January 28, 1987 as File No. 87-048040 of Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: October 30, 1990 as File No. 90-589282 of Official Records 6. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Purpose: Recorded: Affects: Carlsbad Airport Centre, Owners Association, a California nonprofit mutual benefit corporation common area October 31, 1986 as File No. 86-497819 of Official Records Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land 7. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Environmental Indemnity Agreement August 11, 1989 Carlsbad Airport Centre and Sumitomo Bank: of California CLTA Guarantee Form No. 23 (Revised 1113/18) Fonn 1076-1 981056 PageS Recorded: August 15, 1989 as File No. 89-436040 of Official Records Reference is made to said document for full particulars. 8. A deed of trust to secure an indebtedness in the amount shown below: Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: $914,760.00 December 23, 1996 Ayman Suleiman, Mazen M. Suleiman and E. Stanley Rodier, with title vesting as follows: Ayman Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest, Mazen M. Suleiman, a married man as his sole and separate property as to an undivided: 1/6 interest and E. Stanley Rodier, a single man as to an undivided 4/6 interest, as tenants in common Fallbrook National Bank Fallbrook National Bank December 27, 1996 as File No. 1996-0648041, of Official Records CLTA Guarantee Fonn No. 23 (Revised 1/13178) Fonn 1076-1 03681 GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS • < < -.Jo • The following terms when used in the Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this 0 tee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) or in Part 2, and improvements affIxed thereto which by law constitute real property. The term I'land" does not include any property beyond the lines of the area described or referred to in Schedule (A) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. EXCLUSIONS FROM COVERAGE'OF TIllS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3; water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. - (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. . (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and-as limited by such assurances. (2) Defects, liens, encumbrances. adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of assurances provided. 3. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudic~. 4. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS: DUTY OF ASSURED CLAIMANT TO COOPERATE Even though the Gompany has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceed-ing, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the As- sured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liabl.e hereunder. and shall not thereby concede liaoility or waive any provision of tbis Guarantee. If the Company shall exercise its rights under this para-graph, it sban do so diligently. (b) If the Company el~cts to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counseLof its chvice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shan not be liable for and will not pay the fees of any other counsel. nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action wliich allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Coinpany may pursue any litigation to final determination by a court of competent juris~ diction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee.permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right"to so prosecute or provide for the defense of any action or proceediQg, and all appeals therein, and permit the Company to use, aUts option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's ex· pense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining wit-nesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provid· ed to the Company. a proof of, loss or damage signed and sworn to by the Assured shall be furnished to the Company ~ithin ninety (90) days after the Assured shall ascertain"the facts giving rise to the loss or damage. The proof of 1055 or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or· damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage. the Company's obligation to such As- sured under the Guarantee shall terminate. In addition, the·Assured may reasonably be required to submit to examina- tion under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company I all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further. if requested-by any authorized representative of the Company, the. Assured shall grant its permission, in writing, for any authorized representative of the Company to examine. Inspect and copy all records, books, le~gers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasona· ble judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit" for examination under oath, produce other reasonably requested information or grant pefmission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regula-tion, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. OPTIONS TO PAY OR OTIIERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount ~ .t.- of this Guarantee or, if t.antee is issued for tile ttenefir of a holder of a mortgage or a Iienholder-,.the Company shall have the 0 'purchase the indebtedness secured by said mortgage or said lien for-the amOwlt owing thereon, together costs, reasonable attomeys"fees and eXpenses incurred by the Assured claim~ ant which were authorized y the Company-up to the time of purchase. Sucb.purchase, payment or-tender of payment of the full amount of the Guarantee shall terminate aU lia· bility of the Company hereunder. In the event after notice 'ofo claim has been given to the Company by the Assured the Company. offers to purchase said indebtedness, the owner of such.indebteancss shall transfer and assi~ said indebtedness, together with any. collateral security, to the Company upon paYlJlent of the purch~ priCe. Upon the exercise by the Company of the-option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage •. other than.to make the payment required i~ that paragraph, shall teimbiate, including ~y obligation io continue the -defense or prosecution of any liti- gation for which the Company haS exercised its options iitider Paragraph S, and the Guarantee shall be surren~ dered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured,Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee,-together with any'costs, attorneys' feesand-ekpenses incurred by·lhe·Assured clairitant-which were authorized by tne Company up tp the time of payment and which the Company is obligat-ed to pay. Upon the exercise by the Company of the option provided.for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make.the paymeQt·required in that paragraph, shall terminate, including any· obligation to continue the defense or pro'secution of any liti- gation for which the Company has exercised its options under Paragraph S. _ 8. DETERMINATION AND EXTENT OF LIABILITY This-Guarantee is a contract of indemnity against actual monetary-loss or damage sustained.or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusigns stated in Paragraph 2. The liability·of the Company under this Guarantee to the Assured shall not exceed the !east of: (a) the amount of liability stated in Schedule A; (b) The amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee,_as limited or provided under Section" of these Conditions and Stipulations or as reducea under Section to of these Con-ditions and Stipulations. at the time the loss or damage assured,against by this'Guarantee occurs, together with interest thereon; or - (c) the differente between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, 'lien or encumbrance assured against QY this Guarantee. - 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligationS with iespect to that matter and shall not be liable for any loss or damage caused thereby. ' (b) In the event of any litigation.by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a qnal determination by-a court-of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by tbe Assured in ,settling any cl~m or suit withol!t the prior-Written consent of the Company. 10. REDUCTION OF LIABILITY O~ TE~INATION OF LIABILiTY All payments under tbis Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to para· graph S shall reduce the amount of liability pro tanto. ll"PAYMENT'OF LOSS (a) No payinent shall be made without producing this Guarant~ for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the-satisfaction of the Company. (b) When liability and tbe extent of loss 'or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage sball be p~yable within thirty (30) days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTL,EMENT Whenever the Company shall have settled and paid a daim under this Gtiar~tee, all right of subrogation shall vest in the Company unaffected by any -act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not be issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The-Assured shall p~rmit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation;inyolving ~hese rigbts"or remedies. If a payment on account of-a claim does not"fully cover the loss of.the AssUfl:d the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recoveredlts principal, inJerest, and costs C?f c.oUection. 13. ARBITRATION Unless prOhibited by applicable law, either the Company or the~Assured may demand arbitration pursuant to tbe Title Insurance Arbitration Rules of the-American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating 'to this Guaran-tee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or, other obliga· tion. All arbitrable matters when the Amount of Liability is $1 ,000,000 or Jess shall be arbitrated at the option of either the Company or the Assured. Ail arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Comp!lny and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state jn which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment ypon the award rendered by the Ar-bitrator(s) may be entered in any court-having j~risdiction thereof. The-law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the CompanY1.1pon request. 14. LIABILITY LIMITED TO TIllS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured 8I!d the Company. In interpreting <!Dy provisio!1 oftliis Guarantee, this G~aran tee shall be construed as a whole. (b) Any chum of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee" can be made except,by a w~ting endorsed hereon or at- tached hereto signed by either the President, a Vice Preside!1t, the secretarY, an Assistant Secretary, or validat· ing officer or authorized signatory of the Company. 15. 1iOTICES, WHERE SENT All notices required to-.be given the Company and any statement in writing required to be furnished the Company shall be addCessed to the Home Office, Commonwealth Land Title lnsurance Company, 8 Penn Center, Philadelphia, Pennsylvania 19103·2198. " IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. CLTA GUARANTEE CONDITIONS AND STIPULATIONS FORM 2015·1 (Rev. 6-6-92) ORIGINAL 'i l; . - - r ;'·' , , I' I I I 1 1 I 1 1 1 I .1 I I 1 I . ., 1 1 1 ,I I ! :: { I I I I I III II., Issued from the Iml'T office of: . J • I ·COMMONWEALTH LAND TITLE e Suite 600 1455 Frazee Road San Diego, CA 92108-3887 I', Phone: (619) 686-6000 ~ III III GUARANTEE III Iii ® Issued by I I Commonwealth® Land Title Insurance Company III III Title Insurance Since 1876 III III HOME OFFICE EIGHT PENN CENTER PHILADELPHIA, PA 19103-2198 8·2015·1 , ' PARCEL MAP GUARANTEE Order Number: 981056-4 Fee: $500.00 Date of Policy: May 17, 1997 Parcel Map Reference: M.S. 97-02 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE UMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATiONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. Issued By IiiI Commonwea1th~ ~ Land Title Insurance Company GUARANTEES The City of Carlsbad herein called the Assured, against loss not exceeding $1,000, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records on the date stated below, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. Had said Parcel Map been recorded in the Office of the County Recorder of said· County, such Map would be sufficient for use as a primary. :referenc.~·,in legal descriptions of the parcels within its boundaries. ", "C-j .~ r Countersigned: CLTA Guarantee Form No. 23 (Revised 1113178) Fonn 1076-1 , '. ~. '" 'or 's. .... e iC 981056 Page 2 The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE Title to said estate or interest at the date hereof is vested in: Ayman Suleiman, a married man as his sole and separate property as to an ulldtvided 1/6 interest; Mazen M. Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest and E. Stanley Rodier, a single man as to an undivided 4/6 interest, as tenants in common The land included within the boundaries of the Parcel Map hereinbefore referred to in .this Guarantee is described as follows: Lot 28 of Carlsbad Tract No. 81-46 Unit No.2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. Excepting therefrom an undivided 50 % interest of all oil, mineral, gas and other hydrocarbon substances below a depth of 500 feet under the real property, without right of surface· entry as reserved by Carlsbad Properties, a partnership recorded July 5, 1978 as File No. 78-279136 of Official Records. CLTA Guarantee Fonn No. 23 (Revised 1113178) POnTI 1076-1 981056 Page 3 Exceptions: '.' A. . General and special taxes., including any assessments collected with taxes, to be levied for the fiscal year 1997-1998, which are a lien not yet payable. B. General and special taxes, including any personal property taxes., and assessments collected with taxes for the fiscal year 1996-1997. Total: First Installment: Second Installment: Land: $9,567.16 4,783.58 Paid 4,783.58 Paid 572,000.00 Improvements: none Homeowners' Exemption: $ none Code: Parcel: 09104 212-093-09 C. Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue and Taxation Code of the State of California Total: $3,866.56 First Installment: 1,933.28 Not Paid Penalty: 193.32 due after June 30, 1997 Second Installment: 1,933.:48 Not Paid Penalty: 203.32 due after October 31, 1997 Supplemental Bill No: 869-351-78-16 D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. 1. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: For the payment of a public facilities October 29, 1980 Palomar Business Park D.B.A. Airport Business Center -CarlSbad and the City of Carlsbad, a municipal corporation November 16, 1981 as File No. 81-361926 of Official Records Reference is made to said document for full particulars. 2. A document subject to all the terms, proVisions and conditions therein contained. Entitled: Dated: Hold Harmless Agreement May 14, 1984 CLTA Guarantee Fonn No. 23 (Revised 1113178) Fonn 1076-1 981056 Page 4 Executed by: Recorded: Palomar Business Park, a joint venture and the City of Carlsbad June 7, 1984 as File No. 84-214355 of Official Records Reference is made to said document for full particulars. 3. The fact that the owners of said land have no rights of vehicular access to the street or highway abutting said land, except the public right to travel on same, Said rights have been relinquished by the dedication provision on the map of the Tract referred to below. Tract No: Map No. 11288 Affect.s: Camino Vida Roble adjacent to Lot 28. 4. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Executed by: Carlsbad Airport Centre and City of Carlsbad Recorded: July 16, 1985 as File No. 85-252983 of Official Records Reference is made to said document for full particulars. 5. Covenants, conditions, restrictions, provisions (deleting ~y restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), easements, assessments, liens and charges as set forth in a Declaration of Restrictions Recorded: September 12, 1986 as File No. 86-401456 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: January 28, 1987 as File No. 87-048040 of Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: October 30, 1990 as File No. 90-589282 of Official Records 6. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: \ Purpose: Carlsbad Airport Centre, Owners Association, a California nonprofit mutual benefit corporation common area CLTA Guarantee Form No. 23 (Revised 1/13178) Ponn 1076-1 981056 PageS Recorded: Affects: '. October 31, 1986 as File No. 86-497819 of Official Records Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land 7. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: Environmental Indemnity Agreement August 11, 1989 Carlsbad Airport Centre and Sumitomo Bank of California August 15, 1989 ~s File No. 89-436040 of Official Records Reference is made to said document for full particulars. 8. A deed of trust to secure an indebtedness in the amount shown below: Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: $914,760.00 December 23, 1996 Ayman Suleiman, Mazen M. Suleiman and E. Stanley Rodier, with title vesting as follows: Ayman Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest, Mazen M. Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest and E. Stanley Rodier, a single man as to an undivided 4/6 interest, as tenants in common Fallbrook National Bank Fallbrook National Bank December 27, 1996 as File No. 1996-0648041, of Official Records 9. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: December 23, 1996 Ayman Suleiman, Mazen Suleiman, E. Stanley Rodier, MD and the City of Carlsbad, a municipal corporation Payment of a Public Facilities Fee for inside the boundaries of Community Facilities District No.1 March 26, 1997 as File No. 1997-0135739 of Official Records CLTA Guarantee Form No. 23 (Revised 1113178) Fonn 1076-1 03654 1. DEFINmON OF TERMS ... G~jRA~EE CONDITIONS AND S!~!:!':'~~?larantee iSjSS~ for,th"e ~nefit of a hol~er of a mortgag~ of a lienholder, the The following terms when used in the Guarantee mean: ,. ;~~~ili~ie~a:, ~~;::e~ with ~~ ~~:~~=~~b1:~t~r:;!~~ ~~ ~~~~~f~~~b~ ~h~ ~~~~dcl~~ (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing ant which were authorized by the Company up to the time.of purchase. executed by the Company. Such purchase, payment Of. tender of paYment of the full amount of-the Guarantee shall terminate alilia. -(b) "land": the land described or referred to in Schedule (A) or in Part 2, and improvements affixed thereto which bility of the Company hereunder. In the event after-notice of clciim-has been·given to-the Company by-the-by law constitute real property. The term "land" does not include any property beyond the lines of the area Assured the Company offers to purchase said indebtedness, the owner of SUCD indebtedness shall transfer and described or referred to in Schedule (A) or in Part 2, nor any right. title, interest, estate or easement in abutting assign said indebtedness, together with any co~eral security, to the Company upon paYQlent of the purchaSe price. streets, roads, avenues, alleys, Janes, ways or waterways. Upon the exercise by the Company of the option provided for in Paragraph (a) ,_he Company's obligation_ (e) Umortgage": mortgage, deed of trust, trust deed, or other security instrument. to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting in that paragraph, shall terminate, including any obligation to continue the defense or.prosecution of any liti- constructive notice of matters relating to real property to purchasers for value and without knowledge. gation for which the Company has exercised its optionS under-Paragraph S, and the Guarantee shal! be surren.;; (e) "date": the effective date. dered to the-Company for cancelJa!ion. (b) To Payor Qtherwise Settle With Parties other Than the Assured or With-the Assured Claimant. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights. claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by tbe public records. (c) Assurances to title to any property heyond the lines of the land expressly described in the description set forth in Schedule (A) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such Jand abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects,liens, encumbrances or adverse claims against the title, jf assurances ~e provided as to such title, and as limited by such assurances. (2) Defects,liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of-assurances provided. 3. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated hereiIJ., and which might cause loss or damage for wbich the Company may be liable by virtue of'this Guarantee. If prompt notice shaH not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. NO DUTY TO DEFEND OR PROSECUTE The Company shall bave no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. S. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS: DUTY OF ASSURED CLAIMANT TO COOPERATE EVen t110ugh the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have ~he right, at its sale option and cost, to institute and prosecute any action or proceed-ing, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the As- sured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this para-graph, it shall do so diligently. ~ (b) If the Company elects to exercise its options as stated in Paragraph S(a) the Company sball have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable-cause)_to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sale discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shalLsecure to the Company the right to so prosecute or, provide for the defense of any action or proceediqg, and all appeals therein. and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's ex- pense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining wit-nesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejlldiced by the failure of the Assured to furnish the required cooperation, the Company's obligations ,to the Assured under the Guarantee shall terminate. 6. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provid- ed to the Company, a proof of loss or damage signed and sworn to by the Assured shaJJ be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss Of. damage shaH describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount cif the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation-to such As- sured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examina-tion under oath by any authorized representative of the Company and shalLproduce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine. Inspect and copy all records, books. le4gers, checks. correspondence and memoranda in the custody or control of a third party, which reasonably pertain to tbe loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others uilless, in the reasona- ble judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this Guarantee to-the Assured for that claim. 7. OPTIONS TO PAY OR OTHERWISE SElTLE CLAIMS: TERMINATION OF LIABILITY In case of a-claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or-compromise for or in the Dame of the Assured any claim which could result in loss to the Assured within the coverage of this Guarant~, or to pay the full amount To payor otherwise settle with other parties for or in the name of an Assured claimant any_claim assured against under this Guarantee, together with any costs, attoQ1eys' fees "'and expenses incurred-by the Assured claimant which were authorized by th~ Company up to the time of payment and which the Company is obligat- ed to pay. Upon the exercise by the Company of the option provided-for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for th~ cI.aimed loss or damage, other tlian to make_the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any liti- gation for which the Company has exercisc;d its options under Paragraph 5. 8. DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the - Assured claimant who has suffered loss or damage by reason of reliance_upon the assur~ces set forth in this Guarantee and only to the extent herein described, and subject to the exclusion~ stated in Paragraph 2. The liability of tp,e Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Scbedule A; _ (b) The amount Qf the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, a-s limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section-l0 of these Con-_ ditions and Stipulations, at-the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and-the value-of the estate or interest subject to any defect, lien or encumbrance-~sured-against by this Guarantee. 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged -defect, lien or encumbrance, or-cures any other matter assured against by this Guarantee in a reasonably diligent manner bY,any method, inCluding litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with.respect to-that matter and shall not be liable for any-loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or-damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. -- 10. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to para- grapb-S shall-reduce the amount of liability pro tanto. ll .. PAYMENT OF WSS (a) No payment shall be made without producing this Guarantee for-endorsement of the paynlent unl~s_the Guarantee has been lost or destroyed, in which-case proof of loss or destruction shall be furnished to the-satisfaction _ of the Company. - (b) When liability and the extent of loss ~r-damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or-damage shall be payable within thirty (30) days thereafter. 12. SUBROGATION UPON PAYMENT OR SETfLEMENT Whencver the Company shall have settled and paid a cl~m unaer this Guarantee, all right of subrog~tion shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to alLrights !lnd remedies which the -Assured would have had against any person or property in respect to the claim had this Guarantee not be issued. If requested by the Company, the Assured shall transfer to the Company all rights and rem_edies against any person or properiy necessary in order to perfect this right of subrogation. The Assured shall permit the Company-to sue, compromise or settle in the name of the Assured and to-use the name of the ASsured in any transaction_or 1itig~tion'invoJving these rights or remedies. If a payment on account of a claim does not fully-cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assu~ after the Assured shall have recovered its principal, interest, ~d costs of collection. 13. ARBITRATION Unless prohibited by applicable Jaw, either the Company. or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association._Arbitrable matters may include, ,but are not limited to, any controversy or c1aiin between the Company and the Assured arising out of or relating to this Guaran- tee, any service of the Company in connection with its issuancC? or the breach of a Guarantee provision or either obliga-tion. All arbitrable matters when the Amount of Liability is SI.000,OOO or less shall be arbitrated at the op~ion of either the Compaf!y or the Assured. All arbitrable matters when the amount of liability is in excess qf SI,OOO,OOO shall be arbitrated only when agreed to by both the Company and tbe Assured. The Rules in effect at Date of Guarantee shaJJ be binding upon the parties. The award may-include attorneys' fees only if the laws of the state in which theJand is located permits a court to award attorneys' fees' to a prevailing party. Judgment upon the award rendered by the Arw bitrator(s) may be entered in any court having-jurisdiction thereof. -- The law of the situs of the land sbaJJ apply to an arbitration under the Title Insurance Arbitration_Rules. A copy of the Rules may be obtained from the Company"Upon request. 14. LlABlLrry LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee_ and contract between the Assured and the Company. In interpre~ any provision oJ this~Guarantee, this Guaran- tee shall be construed as a whole. - (b) Any claim of~loss or damage. whether or _not. based on negligence, or any a¢on ~sserting such claim, shall be restricted to this Guarantee. ~ (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or at- tached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validat- ing officer of authorized sigl!atory of the Company. - 15. NOTICES, WHERE SENT All notices required to be given the Company and-any statement in writing required to be furnished-the Company shall he addressed to ihe Home Office, Commonwealth Land Title Insurance Company, 8 Penn Center, Philadelphia, Pennsylvania 19103'2198. ~ IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Mrem: ~JfJ~fi BYW~- (/ Secretary rr /V,/ President CLTA GUARANTEE CONDITIONS AND STIPULATIONS FORM 2015·1 (Rev. 6-6-92) ORIGINAL ________ ~ ___ ~ ___ ~_~_'"___" I I I I I I I I } \ l ! I I I ~ , : ~1 e: i I 1 l I I 1 1 I I I I I 1 I. I I 1 I I e 1 I I I 1 ~. I i I I '!I. I I 1 I I ) , 'I f I I I I , I ) I~ Issued from the office of: Ie • . l C'OMMONWEALTH LAND TITLE Suite 600 1455 Frazee Road San Diego, CA 92108-3887 Phone: (619) 686-6000 GUARANTEE ® Issued by Commonwealth® Land Title Insurance Company Title Insurance Since 1876 HOME OFFICE EIGHT PENN CENTER PHILADELPHIA, PA 19103-2198 8-2015-1. AMENDED PARCEL MAP GUARANTEE Order Number: 981056-4 Fee: $500.00 Date of Policy: July 9, 1997 Parcel Map Reference: M.S. 97-02 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. Issued By friiI Commonwealth~ ~ Land Title Insurance Company GUARANTEES The City of Carlsbad herein called the Assured, against loss not exceeding $1,000, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records on the date stated below, 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. Had said Parcel Map been recorded in the Office of the County Recorder of said County, such Map would be sufficient for use as a primary reference in legal descriptions of the parcels within its boundaries. Countersigned: CLTA Guarantee Form No. 23 (Revised 1113178) Form 1076-1 981056 Page 2 The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A FEE Title to said estate or interest at the date hereof is vested in: Ayman Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest, Mazen M. Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest and E. Stanley Rodier, a single man as to an undivided 4/6 interest, as tenants in common The land included within the boundaries of the Parcel Map hereinbefore referred to in thi~ Guarantee is described as follows: Lot 28 of Carlsbad Tract No. 81-46 Unit No.2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. Excepting therefrom an undivided 50 % interest of all oil, mineral, gas and other hydrocarbon substances below a depth of 500 feet under the real property, without right of surface entry as reserved by Carlsbad Properties, a partnership recorded July 5, 1978 as File No. 78-279136 of Official Records. . CLTA Guarantee Form No. 23 (Revised 1/13178) Fonn 1076-1 981056 Page 3 Exceptions: A. General and special taxes, including any assessments collected with taxes, to be levied for the fiscal year 1997-1998, which are a lien not yet payable. B. General and special taxes, including any personal property taxes, and assessments collected with taxes for the fiscal year 1996-1997. Total: First Installment: Second Installment: Land: $9,567.16 4,783.58 Paid 4,783.58 Paid 572,000.00 Improvements: none Homeowners' Exemption: $ none Code: Parcel: 09104 212-093-09 C. Supplemental taxes assessed pursuant to the provisions of Section 75 et seq. of the Revenue and Taxation Code of the State of California ToW: First Installment: Second Installment: Penalty: $3,866.56 1,933.28 Paid 1,933.28 Not Paid 203.32 due after October 31, 1997 Supplemental Bill No:' 869-351-78-16 D. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. 1. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: For the payment of a .public facilities October 29, 1980 Palomar Business Park D.B.A. Airport Business Center -Carlsb~d ~d the City of Carlsbad, a municipal corporation November 16, 1981 as File No. 81-361926 of Official Records Reference is made to said document for full particulars. 2. A document subject to all the terms, provisions and conditions therein contained. Hold Harmless Agreement Entitled: Dated: May 14, 1984 CLTA G\l811UlteeFonnNo. 23 (Revised 1113178) Fonn 1076-1 981056 Page 4 Executed by: Recorded: Palomar Business Park, a joint venture and the City of Carlsbad June 7, 1984 as File No. 84-214355 of Official Records Reference is made to said document for full particulars. 3. The fact that the. owners of said land have no rights of vehicular access to the street or highway abutting said land, except the public right to travel on same. Said rights have been relinquished by the dedication provision on the map of the Tract referred to below. Tract No: Map No. 11288 Affects: Camino Vida Roble adjacent to Lot 28. 4. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Executed by: Carlsbad Airport Centre and City of Carlsbad Recorded: July 16, 1985 as File No. 85-252983 of Official Records Reference is made to said document for full particulars. 5. Covenants, conditions, restrictions, provisions (deleting any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin), easements, assessments, liens and charges as set forth in a Declaration of Restrictions Recorded: September 12, 1986 as File No. 86-401456 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: January 28, 1987 as File No. 87-048040 of Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: October 30, 1990 as File No. 90-589282 of Official Records 6. An easement for the purpose shown below and rights incidental thereto as set forth in document Granted to: Purpose: Carlsbad Airport Centre, Owners Association, a California nonprofit mutual benefit corporation common area CLTA Guarantee Form No. 23 (Revilled 1Ii3178) Ponn 1076-1 981056 Page 5 Recorded: Affects: October 31, 1986 as File No. 86-497819 of Official Records Portions of the herein described land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said land 7. A document subject to all the terms, provisions and conditions therein contained. Entitled: Dated: Executed by: Recorded: Environmental Indemnity Agreement August 11, 1989 Carlsbad Airport Centre and Sumitomo Bank of California August 15, 1989 as File No. 89-436040 of Official Records Reference is made to said document for full particulars. 8. A deed of trust to secure an indebtedness in the amount shown below: Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: $914,760.00 December 23, 1996 Ayman Suleiman, Mazen M. Suleiman and E. Stanley Rodier, with title vesting as follows: Ayman Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest, Mazen M. Suleiman, a married man as his sole and separate property as to an undivided 1/6 interest and E. Stanley Rodier, a single man as to an undivided 4/6 interest, as tenants in common Fallbrook National Bank Fallbrook National Bank December 27, 1996 as File No. 1996-0648041, of Official Records 9. An agreement to which reference is hereby made for full particulars, Dated: By and between: Regarding: Recorded: December 23, 1996 Ayman Suleiman, Mazen Suleiman, E. Stanley Rodier, MD and the City of Carlsbad, a municipal corporation Payment of a Public Facilities Fee for inside the boundaries of Community Facilities District No.1 March 26; 1997 as File No. 1997-0135739 of Official Records CLTA Guarantee Fonn No. 23 (Revised 1113/78) Fonn 1076-1 i .Issued from the office of: COMMONWEALTH LAND TITLE Suite 600 1455 Frazee Road San Diego, CA 92108-3887 Phone: (619) 686-6000 GUARANTEE ,>- ® Issued by Commonwealth® Land Title Insurance Company Title Insurance Since 1876 HOME OFFICE EIGHT PENN CENTER PHILADELPHIA. PA 19103-2198 8-2015-1 C~·:: ... o H <..G> (Y) o r r' ("'-I GUARANTF& CONDITIONS AND STIPULATIONS • 1. DEFlNmON OF TERMS • ......:.. of this Guarhntee or, I_arantee is Issued for the benefit of a holder of a mortgage or a lienholder, the Th. followln, term. when used In the Guarantee mean: Co!"pany shall have the to purchase the Indebtedness secured by said mort~age or siild lien for the amount IC u. • ~ . • owmg thereon, together any costs, reasonable attorneys' fees and expenses Incurred by the Assured chum .. (a) the Assured: the party or parties named as·th. Assured·ln thIS uarantee, or on a supplemental Wfll1ng ant which were authorized 'by the Company up to the time of purchase. ~xeeut~d by the Comp.any. .., . Such urchase, payment or tender of payment of the full amount of the Guarantee shall terminate alllia- (b) 'land : the I.and deseflbed or referred to I~~che~,ule (A) or I.n Part 2, and Improvements afflxe.d thereto which bllity of t~e Company hereunder. In the event after noUce of claim has been given to the Company by the by laY'·conshtut. real p!operty. The term land does not I~clude any.property beyond the Im~ of the area Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and ~t~~~be:o~d~e~~~~~!i l~~:~edl:e~A)wO: ~~:ra~~~~~~ as~Y nght, titte,-Interest, estate or cascm~nt in abutting assign said indebtedness, together with any collateral security,. to the Company upon payment of the purchase p~ce. u ' ,,' ,Y I ,Y Y .. Upon the exercise by the Company of the option prOVided for in Paragraph (a) the Company's obligation (e) mortgage: mortgage, deed of trust, trust deed, or other security Instrument. to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required (d) upubJic records';: records established under state statutes at Date of Guarantee for the purpose of imparting in that paragraph, shall terminate, including any obligation to contJnue the defense or prosecutJon of any Uti .. constructive.-notice of matters relating to real property to purchasers fo'r value and without knowledge. gation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surren .. (e) "date": the effective date. dered to the Company for cancellation. 2. EXCLUSIONSl'ROM COVERAGE'OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments whieh arc not shown as exisUng liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented nilnlng claims; (2) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (3) water rights, claims or tlUe to water: whether Or not·the matters excluded by (I), (2) or (3) are shown by the pUDHc recor~s. . (c) Assurances to title to any property bcyond,t_hc lines of the land expressly_described in the description set forth in Schedule (A) or in part 2 of this Guarantee, or title to.streets, roads, avenues, lanes, ways or waterways on which such l~nd'abuts," or the right to maintain therein vaults, tunnels, ramps or any other stru~ture or improvementj or any rights or easements therein unless such property t rights or casements are expressly and specifically set forth in said description. " (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and as Hmlted by such assurances. . (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which arc created, suffered, assumed or Bgreed to by one or more of the Assureds; (b) which result In no loss to the Assured; or (c) which do not result In the inv'alidity or potentiBI Invalidity of any judicial or non-judicial proeeeding which is within the scope and purpose of assurimces provided. 3. NOTICE OF CLAIM T() BE GIVEN-BY ASSURED CLAIMANT An Assured shall notify the Company promptly in writing In case knowledge shall come to an Assured'hereunder of any elalm of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might causi: loss or damage for which tlie Company may be liable by virtue of this Guarantee. If prompt notice shall not b. given to the' Company, thert all liability of the Company·shall·termlnate with regard to the matter or mauers for which prompt notice Js requiredj provjded~ however, th'ai failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent ,of the prejudice. ---- 4. ,NO DUTY TO DEFEND'OR PROSECUTE not';;~h,~~%~gnih~h~t~":~F~~~t,:;I~~~~~e,:'1no~J':~~~Y~;": :r~~d~~l.'"ceeding to which the Assured Is a party, 5. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS: DUTY OF ASSURED CLAIMANT TO COOPERATE Even though the'Company has no duty to defend or prosecute as set forth in.Paragraph 4 above: (aJ The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action o~ proceed-ing, interpose a defense, 85 limited-in (b), or to do any other Bct which in its opinion may be necessary or desirable to establish the title to the estate or·interest as stated herein, or to establish the lien rights of the As-sured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable·hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this para-graph, It shall do·so diligentiy. (b) If the Company el~cts to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select cotinsel of its choice (subject to the right of such Assured to object for reasonable cause),to'represeilt the Assured and shall not be liabldor and will not pay the fees of any other counsel, nor will the. Company pay Bny fees, costs or-expenses incurred by an Assured in the defense of those causes of-action which allege ,matters not covered by this Guarantee. (c) Whenever the Company shaiLhave brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent.juris-diction and expressly reserves the right, in its.sole di~cretioh, to appe~l from an adverse judgment or order. (d) In all cases where..this Guarantee permits the Company to prosecute or provide for the defense of any action or proceecUng, an Assured.shall secure to the Company the right to so prosecute or provIde for the defense of any action or proceedlqg, and all appeals therein, and permit the Company to use, at its option, the name or s~ch Assured'~or this purpose. Wht:.never~requested by the Company. an Assured, at,the Company's ex-pense, shall give the Company all reasonabte aid in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to-furnish the Icquired cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provid-ed to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90).days after the Assured shall ascertain·the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extenL possjble, the basis of calculating the amount of the loss or damage. If the Company Is prejudiced by the failure of the Assured to provide the required proof of'loss or damage,.the Company's obligation tp such As- sured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examln':· tion-under oath by any authorized-representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representaUve of the Company, all records, books, ledgers"checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain tO'the loss or damage •. Further, If requested by any ilUthorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine. Inspect and copy all records, books, le4gers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as eonfldential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless,ln the reasona- ble judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or graDt permission to secure reasonably necessary infoflOation from third parUes as required in the above paragraph,. unless prohibited by law or governmental regula-tion, shall terminate any liability of the Company under this Guarantee to the Assured for that elaim. 7. OPTIONS TO PAY OR OTHERWISE SE'lTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim ·under this Guarantee, the Company shall have the followlng.additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the·!ndebtedn'ess. The Company shall have the option to payor setUe or compromise for or In the natnc of the Assured any claim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the fall amount (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. agai~~ ~~~; 3:~eS::d~;:tt!~~ ~~~~th~~e~&hr~~ f:s~s~ i:t:::n~~ef~!s \nn~~Sxu;I~S~~~::::~~~:t~~~ A::~~~~ el.umant which were authorized by the Company up to the time of pay1)1ent and which the Company Is obligat-ed to pay. Upon the exercise by the Company of the option provided for In Paragraph (b) the Company's obligation to the Assured under this GUarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any lid .. gation for which the Company has exercised its options under Paragraph S. 8. DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred-by the Assured claimant who has suffered 1055 or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described. and subject to the exclusions stated in Paragraph 2. The liability of the Company qnder this Guarantee to the Assured shml not exceed the least of: (a) the amount of liability stated In Schedule A; (b) The amount of the unpaid prinCipal indebtedness seeured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and StipUlations or as reduced under SectlonJO of these Con-ditions and Stipulations, at the time the loss or damage assured against by this GUarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. LIMITATION OF LIABILITY (0) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the compleUon of any appeals therefrom, It shall have fully performed its obligations with respect to that matter and shall not be liable for any 1055 or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent Jurisdiction, and disposition of all appeals therefrom. adverse to the title, as stated herein. (e) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured -in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF LIABILITY OR TE~INATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to para- graph 5 shall reduce the amount of liability pro tanto. 11. PAYMENT OF LOSS (a) No payment shall be made without producing this GUarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. SUBROGATION UPON PAYMENT OR SE'lTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this GUarantee not be issued. If-requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessnty in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle In the name of the Assured and to use the name of thc Assured In any transaction or litigation involving these rights or remedics. If a payment on account of a elaim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. ARBITRATION Tltlet{~~~;:c~h~:t~~r~71o':f~~~I~/~~~ ~~~~i~~ ~gJfr~~ro~r l~;o~~tY~~~ ~6it~:gj:n:.:\~~:~r~~yn I~~{~~:~t~~ ~~~ not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Ouaran- tee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obliga .. tion. All arbitrable matters when the Amount of liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee ,hall be binding upon the parties. The award may Include attorneys' fees only if the laws of the state In which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Ar- bitrator(s), may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the TIUe Insurance Arbitration Rules. A eopy of the Rules may be obtained from the Company"'pon request. 14. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements I if any f attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guaran· tee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or at-tached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validat-ing officer or authorized signatory of the Company. 15. NOTICES, WHERE SENT All notices required to be given the Company and any statement In writing required to be furnished the Company shall be addressed to the Home Office, Commonwealth Land Title Insurance Company, 8 Penn Center, Philadelphia, Pennsylvania 19103-2198. IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Attest~JfJ~f BYW~~mt CL TA GUARANTEE CONDITIONS AND STIPULATIONS FORM 2015·1 (Rev. 6-6-92) ORIGINAL