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Home My WebLink AboutMS 98-05; CHENOWITH PROPERTY; Engineering Application- -CITY OF CARLSBAD 41' ENGINEERING DEPARTMENT' Tentative Ma Extension A lication Project Id: A Project Name: Location: ?')R..4i Side of &;..I{ [},. Between, __ =-_~ ___ and . (N/S/E/W) Street Name Street Name '--'-----------S"'t=-re-e"":"t .... N;-a-ITI-e-- Brief Description: Co velD CON l/~it\M I of o/.:be J, IM/'.fd a f 1 d, M PolY< [),g) c~mlQ.d · Reasdn for Request: L Ie ~r..hQ.led c:.;.;,e IJ~M·i<.J 1U. oPj cPMl aNC/ QQ,e I IT . I CCJn.f'le 9'-/-1l-~ d £) c,o;.J V eA-Q~ . Name: 140 IlOYL CM ao.vxg.c... Company No.: ____________ _ Address:, ______________ _ City, State, Zip Code: __________ _ · Signature: Name: L. J; 11!"Q,.n6. refS la ;LtUe(!),et.,o, w e~ 1 Address: • ~ ?41 tcd{/Ll9 HCII/tJe. 0'J.c,jR City, State, Zip code:ENciu/:fo..f) aA, 9c2'Q..J1- Phone Number: 81.8 -119 -(P 818 Signature: .. Current Expiration Date: d - -b ) Facility Zone: I · Subdivision Type: For City Use Only Master Project ID: Application Status: System Status: Project Category: Date Assigned: Land use Engineer: . Project Planner: P:\OOCS\MISFORMS\FRMOO073 Number of Lots: I No. of D(U's: oJ RECEIVED FEB 0 6 2001 ENGINEERING DEPARTMENT DA TE STAMP RECEIV~D .-'f' I) l~) c: I f -I "I !. ~v ..•. :' .r') '~! '.' I', • -'. REV 11104/93 ~ ~t!f ./~, \) .J / -7 j l/ . (2-~ CITY OF CARLSBAD I -, LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) o o o o ~ o Administrative Permit -2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit Condominium Permit Environmental Impact Assessment o General Plan Amendment o Hillside Development Permit o Local Coastal Plan Amendment (FOR DEPARTMENT USE ONLY) o o '0 L1 0 ~P1g-oj 0 o Planned Industrial Permit Planning Commission Determination Precise Development Plan Redevelopment Permit Site Development Plan Special Use Permit o Specific Plan o Tentative Pareel Map Obtain from Engineering Department o Tentative Tract Map (FOR DEPARTMENT USE ONLY) o Master Plan ~ Variance VQg'-b#-3 o Non-Residential Planned Development o Planned Development Permit OZone Cha'nge o List other applications not specified 2) 3) 4) ASSESSOR PARCEL NO(S).: ;}02-J SO -'/'3'00 PROJECT NAME: Iiztt<ryoCK CO/,-..) DO BRIEF DESCRIPTION OF PROJECT: C OJ.. ,ur::72-T !?)r15'Tl.A.Jb . 5) OWNER NAME (print or Type) t-tJILLI "1 b. J Xl MAILING ADDRESS .~ 0 AJ 1Ie:-R.2JDIV tJ 0' P l t;;):. '/.D CITY AND STATE ZIP TELEPHONE CITY AND STATE C /'1/<l-~BAb t!A;2L/ vA;:' elf. t:f;;?OOP(?I{)S-J5:-9 ~ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY -NOWLEDGE. ... I ·.4.j;/4;,,4741a.:t:;~ o:?~Jhg SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND j; ECT :0 THE. BEST OF MY KNO~EDGE. /J d,d~y d21txtt4lrN ;2/;3!?~ SIGNATURE DA TE . NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 I -.j I. Pllr.;r-1 nr-') ~- 8) LOCATION OF PROJECT: ON THE SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS fjl11) NUMBER OF EXISTING ~ 12) PROPOSED NUMBER OF ~ ~ RESIDENTIAL UNITS ~ RESIDENTIAL UNITS ~ 13) TYPE OF SUBDIVISION D 14) PROPOSED IND OFFICE! [QJ 15) PROPOSED COMM @] f. £;1 () l~J7/J L-CON I?>O SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED D17) PROPOSED INCREASE IN [QJ 18) PROPOSED SEWER 0 PROJECT IN OPEN SPACE ADT USAGE IN EDU 19) GROSS SITE ACREAGE 0 20) EXISTING GENERAL D21) PROPOSED GENERAL 0 'IdS/ .s~, Fr PLAN PLAN DESIGNATION 22) EXISTING ZONING ~23) PROPOSED ZONING ~ 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT Z :~:,:HIS PURPOSE I _~:£1' L261~~ A~3/18 SIGNATURE I FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED c..P q '0'-0'-( 9¥ L-f L-J 0 . otJ V '18-03 57.5:,cro ~)itL~ .£ cro. IT'{) TOTAL FEE REQUIRED I 115' / 5· trO J . DATE FEE PAID Form 16 a\f8S1~:nf!) ~0 lil::> g66l F. ~ 83.:1 a3J\13!)3~ DATE STAMP APPLICATION RECEIVED RECEIVED BY: RECEIPT NO. PAGE 2 OF 2 CI,.. CARLSBAD -ENGINEERING DE.MENT APPLICATION ' FOR ENGINEERING PLAN CHECK OR PROCESSING Complete all appropriate information. Write N/A when not applicable. \ PROJECT NAME: OL Lo/IJV~/t? DATE: ~ /3 9;> PROJECT DESCRIPTION: Cf2A)J)tJHllllliJll1l¥ "'f7.Jk-,l)lift,b/t ..tr !liR 8"3 j).!J,iC}( Pf5? PROJECT ADDRESS: LOT NO(S).: ~tf 'Iw'l-"2 b:;~,K. j);e)/IS Il,iB CA/2L-S[5/9J:>, C.-4 VOOg I > MAP NO.: S/(Pd APN(S).: :<07-ISo-lj'8'OO 2 LFMP ZONE: # LOTS: / # ACRES:.' __ _ / NO. OF DWELLING UNITS: OWNER: !JJ..I L APPLICANT:tVl UI/f/t1 />. /1tttr50c.1<. Mailing Address: ,It. Md BCEk Y /'1, AIdA nCJC Mailing Address:){,/'VJi?l&-kyl!, ~no~.k' :51//9 C[);"m ZOAJAIt!zfi; C.4l2l~8J9~, ~A :71/19 COi.Te 5t'AJfV~A/ 'e8~1.-~r;/9t;ttA 92t?l) PhoneNumber:bl1' 505-£3.& 9:2009 Phone Number: , (IP)9>$;3S-f/3f/Y . V\.J<.A..o'I_.d-f ( :3 J tf( .);) SOILS ENGINEER: Firm: Firm: Mailing Address: Mailing Address: Phone Number: Phone Number: State Registration Number: State Registration Number: ----------~~--- ~_~;t;"E ARCHITECT: ADDITIONAL COMMENTS: Firm: CoIIN...8 A2itJ c:. • Mailing Address: .51 t/ !/IJr-1>I?U IJJtldc&-"f-~t), '1:hiA-N)'t @~H tg Cf iI O? Phone Number: ({Plc()? s-S-...... 7 io1t I State Registration Number: C/ SIP ~C> ~f> *Dh 'J > ---------------------------------- IMPROVEMENT VALUATION 1, What water district is the proposed project located in (circle one)? arlsbad Municipal Water District Olivenhain Vallecitos 2. If in the Carls a unrcl , what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements (if applicable)? 3. What is the total cost estimate, including the 15% contingency fee, for sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? 4. What is the total cost of landscape and irrigation improvements on private property (if applicable )? cut _.....;O~_cy fill GRADING QUANTITIES __ 0 __ cy remedial ~ cy import/export _'C) ___ cy • DOCSIMISFORMSIAPPLICATION ENG PLANCHECK OR PROCESSING REV. 6/10/97 ,----------------------------------------------------------------------------------FOR CITY USE ONL Y APPLICATION FOR: Plancheck Drawing Deposit/Fees (./ all that apply) Number Type Number rI, .• '''1 D -I UJIW"1. • • Paid o Adjustment Plat ADJP o Certificate of Compliance COC o Dedication of Easement DOE Type: Type: o Encroachment Permit ENCROACH o Engineering Standards Variance ESV o Final Map FM o Grading Plancheck GRPC o Grading GRADING o Improvement Plancheck IPC o Landscape Plancheck LPC o Parcel Map PM o Quitclaim of Easement QUITC Type: Type: o Reversion to Av' t::c:l!:lt:: RTA o Street Vacation STV o Tentative Parcel Map MS o Certificate of Correction CCOR o Covenant for Easement COVE o Substantial Conformance Exhibit SCE APPLICATION ACCEPTED BY: MASTER PROJECT ID: RECEIPT NUMBER: PRELIMINARY SIERRA SYSTEM INPUT INITIAL: SIERRA SYSTEM INPUT INITIAL: R:BASE INPUT INITIAL: MASTER FILE NUMBER: F o OTHER: DATE STAMP APPLICATION RECEIVED . DOCSIMISFORMSIAPPLICATION ENG PLANCHECK OR PROCESSING REV. 6110197 ""--__________________________________________________________________________________ J ,,-.. '" ~f!i ' : .1 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit fDr City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty '(30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Da?e {J It))J l?fi. -deb-lc)If NT Relationship to Application (Property Owner-Agent) H GUARANTEE RECEIVED FEB 06 2001 ENGINeeRING DEPARTMENT First American Title Insurance Company 370322 Form No. 1282 (Rev. 12/15/95) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. j (c) (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 under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to main- tain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) 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 the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) 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. 2. (e) "date": the effective date. 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 termi- nate 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. 3. No Duty to Defend or Prosecute. 4. 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 3 above: (a) The Company shall have the right, at its sale option and cost, to institute and prosecute any action or proceeding, 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 Assured, 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 lia- bility or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. 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. 5.' Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or dam- age signed and sworn to by the Assured shall be fur- nished 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 extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure (b) If the Company elects to exercise its options as of the Assured to provide the required proof of loss or stated in Paragraph 4(a) the Company shall have the damage, the Company's obligation to such Assured right to select counsel of its choice (subject to the right under the Guarantee shall terminate. In addition, the of such Assured to object for reasonable cause) to rep-Assured may reasonably be required to submit to exam- resent the Assured and shall not be liable for and will not ination under oath by any authorized representative of pay the fees of any other counsel, nor will the Company the Company and shall produce for examination, pay any fees, costs or expenses Incurred by an Assured inspection and copying, at such reasonable times and in the defense of those causes of action which allege places as may be deSignated by any authorized repre- matters not covered by this Guarantee. sentative of the Company, all records, books, ledgers, (c) Whenever the Company shall have brought an checks, correspondence and memoranda, whether action or interposed a defense as permitted by the pro-bearing a date before or after Date of Guarantee, which visions of this Guarantee, the Company may pursue any reasonably pertain to the loss or damage. Further, if litigation to final determination by a court of competent requested by any authorized representative of the jurisdiction and expressly reserves the right, in its sale Company, the Assured shall grant its permission, in discretion, to appeal from an adverse judgment or order. writing, for any authorized representative of the Com- (d) In all cases where this Guarantee permits the pany to examine, inspect and copy all records, books, Company to prosecute or provide for the defense of any ledgers, checks, correspondence and memoranda in action or proceeding, an Assured shall secure to the the custody or control of a third party, which reasonably Company the right to so prosecute or provide for the pertain to the loss or damage. All information desig- defense of any action or proceeding, and all appeals nated as confidential by the Assured provided to the therein, and permit the Company to use, at its option, Company pursuant to this Section shall not be disclosed the name of such Assured for this purpose. Whenever to others unless, in the reasonable judgment of the requested by the Company, an Assured, at the Company, it is necessary in the administration of the The Company shall have no duty to defend or prosecute Company's expense, shall give the Company all reason-claim. Failure of the Assured to submit for examination any action or proceeding to which the Assured IS a able aid in any action or proceeding, securing evidence, under oath, produce other reasonably requested party, notwithstanding the nature of any allegation ia obtaining-witness!!:!;, prosecuting or defending th. information. or gran~ permissio~ to se~ure reason~bly such action or proceeding. ., action or lawful act which in the opinion of the Compan necessary information from third parties as reqUired , ~ ~, ..' ORDER NO. 156540-M SCHEDULE A PROPERTY OWNER'S NOTICE GUARANTEE LIABILITY $200.00 FEE $125.00 1. NAME OF ASSURED: THE CITY OF CARLSBAD· 2. DATE OF GUARANTEE: DECEMBER 31,2000 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: THAT, ACCORDING TO THE LAST EQUALIZED ASSESSMENT ROLL ("ASSESSMENT ROLL") IN THE OFFICE OF SAN DIEGO COUNTY ASSESSOR'S OFFICE A. THE PERSONS LISTED BELOW AS "ASSESSED OWNER" ARE SHOWN ON THE ASSESSMENT ROLL AS OWNING REAL PROPERTY WITHIN 300 fEET OF THE LAND IDENTIFIED ON THE ASSESSMENT ROLL AS ASSESSOR'S PARCEL NUMBER(S): 207-150-48-00 B. THE ASSESSOR'S PARCEL NUMBER (APN) AND ANY ADDRESSES SHOWN BELOW ARE AS SHOWN ON THE ASSESSMENT ROLL Form 1349 eLTA Guarantee Face Page (Revised 12/15/95) • First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. ... First American Title Insurance Company BY A1f~ PREmOENT (5 continued) _ to the Assured shall not exceed the least of: _ If a payment on account of a claim does not fully . . . a t~amoun~\ of liabili stated in Schedule A o. cover the loss of the Assured the Company shall be In the above paragr~ph, unless p~ohlbited b~ I.a.w 0 . ( ). ty -subrogated to all rights and remedies of the Assured governmental regulation, shall terminate any liability of In Part 2, . .. . after the Assured shall have recovered its principal, the Company under this Guarantee to the Assured for (b) the amount of the unpaid pnnclpal Indebted-interest, and costs of collection. that claim. ness secured by the mortgage of an Assured mortgagee, 6. Options to Payor Otherwise 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 of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebt- edness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reason- able attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all lia- bility of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebted- ness the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase 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 in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered 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' fees and expenses incurred by the Assured claimant which were authorized by the 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 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 litigation for which the Company has exercised its options under Paragraph 4. 7. 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 dam- age by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest theron; 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. 8. 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. 9. Reduction of Liability or Termination of liability. All payments under this Guarantee, except pay- ments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. 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. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subroga- tion 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 been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any per- son or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, comoromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pur- suant to the 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 Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitra- ble 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 shall 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 Arbitrator(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 Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. liability 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 interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any clairn 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 attached hereto Signed by either the President, a Vice PreSident, the Secretary, an Assistant Secretary, or validating officer or authorized Signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 114 East Fifth Street, Santa Ana, California 92701. I POOR QUALITY ORIGINAL S COVERAGE POLICY· 1990 .. ~, .... ., '\5 .:'. i""~ I , Y OF, TFTLE'i,NiuRANCE ':SSUED BY . ' . ~'.' '!:;~~~~~rf'~i; :':Si~g:E:!WART TITLE' ::'}r)~Ji;; ifARANTY COMPANy···· . , • " I :~ f.·.~,~~,:_",;. ,. ,j' .' '1"", -,-." aJECT TO THE!EXCLUSIONSFROM COVERAGE, THE EXCEP;~WNS FROM COVERAGE CONTAINED IN , EDULE BAND THEiCONDITIONS AND STIPULATIONS, STEWPiRT TITLE GUARANTY COMPANY, a Texas 'j " • .,." • nr.nlnr."'!",,,,n, herein:,calllld the Comp,any; insures, as of Date of Policy shown in Schedule A, against loss or damage, not ing the Amount of Insurance sta~ed in Schedule A, sustained or,iilcur.red by the insured by reason of: !", 'I :V! , ' :;, Title ·to the estate or interest descriped in Schedj.lle,A4)eing':vestE1d~0~her than',as stated therein; : ,i.,' '; . . ,1 I' fl~{~:~4;, ,,r,.~:~{:\ ~l~~~~S~it,j ... ~"~ :' ~:'{~l:'i~~~ l,'<~' , " Any defect in or.lie,n'or encumbr.a'nce on th~ .. title;.·:.'~::;·· ',' :. :.';:~;~( ~, .:y.n.marketability oft~e title; :. W;" .. ' ." I' • ." ~ ! I: ". . . I , t . . ..,. A.' ·Lack of a right of· access to and f.rom the land; ;~l::}':: ' .. . '. :',' :<"~": :~;,::;!: 'I; , :;iri;addition, as to aT}..l~~I,J.red lend~rtp'ply:: " .~ .. 11' il:'. ' i' L '~~ •• ' '"j , , t, . :~;':rhe invalidity or,~~~.~forceabiHtfipf the h~nof t~~;insured mortg,~gfqpon the title; ;;, ", ~(. • ~ ~ ~,' " ,I ~ rl':"~':': 'x '; ::.~);' " -,.-, 1.::J :J~ ~~i ffhe priority of any ~I.ien or encur:nbrance':over thf:n~!}·"Qnh~~!.nsur~d mortgage, said mortgage being shown in . dule S' in ~he,; Qrder of its priority;' '" ,':-" ';,';(;: '~; :':":"fr{("\ j: .".'. . """.'".,:;;;. '~:':',:;. J,::!:;~ .. " .:':i'~"':' .~: >~\'>;.~;:A r " '" he invalidity:! o'runenforceabi)ltY!of any:';'~~signni~rlfof the instlred}-mortgage, provided the assignment is shown '. " Schedule B, 'or t~e"failure ~hhe assignm"ent'Sho~;' in Sc,heq~le 7S to ves~ title to the insured mortgege in the ,~ " ." , ' l , , •• , • /_ ( ~ ," ed insured:asslgrl!)e free and clear of all·.liens" ' .. :,;.;. ,'"Ll!' :;:':t';,!:~' : }<';". .',!,-'", ,nn,n"n\l will also p.aY:the costs, attorneys' fees andEilxpen~es incurred in defense of the title or the lien of the mortgage, .<,15 ins4'r~~, but oniy_ '1:9 the extent prov.id~d in·;the Conditions and Stipulations . . ,', . ;::,i.;::;':,+ ';);r' ": ::;:,;::' .. n,der seal, for t!'i~' Company,:, but this Policy is iq,!?e valid only when it bears an authorized countersignature. , . .: .. ,l':~ll'~}!:t'" I ~~., '.~ .~;;, " , '; :.,,1:: i'" -: !~1;:\ :~~' ! 1(' • " r:. ~"i',: " GUARANTY COMPANY P -1'097· 3 a 0 318 . ' ': . ~:< . ,!~~:: " . ';!" , '; ':.·.,:."r!,::," " ,II ~ IA LAN'O',':,T'ITLE AS:SOCIATION COVERAdE -199:0): ANEOUS,:. ~O~r.C.X: 15~9-344931 , . , :,.~:'I":'!;~.i: .r:-:.: . :: . ,. ';",' . ',;'j ' .. f, ,'," . .. ,: t. SCHEDULE A 06-161529 ,: if" POLICY NO: CNJP-1597-300318 .OF INSURANCE: $?70,OOO.00 PREMIUM: $577.00 : E:t'OF POLICy::,i ... :DECEMBER'· 06, 1996 AT 3: 40 P.M. I., . ''-1';:., , ' :;.:. ('\~;'l:~~!;': ,', /'Tj~'" '".: i! ~ .. ,<,' 'I .' ;,t ·t\· . NAME OF.INSURED: I' , , , , " ':1 t '.~ i:WlLLIAM D'.·;'HARTSOCK;iAND KIMBERLY M. HARTSOCK , . ';;'~ ~~:: ' . . '~',;, '::}:.': .. .: ?l ~'. :THE ESTATE OR. INTEREST IN THE LAND WHICH IS COVERED BY THIS -.\POLICY IS': . . .' • • ; I ,\: 'l} ~ : , .:.1\,.: FEE AS· TO.: ;PARCEL, :1i .AND EASEMENT AS TO PARCELS 2, 3 AND 4 . . ~:/",.,.'{ ~ . . .... t t~ ~ ~'r '." : \", J' • ,', ;:' :;'TITLE TO TijE )~:STATE ;OR INTEREST IN THE LAND IS VESTED IN: , , ·":WILLIAM D. :HARTSOCK·'AND KIMBERLY M. HARTSOCK, HUSBAND AND·WIFE AS JOINT' TENI\.NTS "~!,> ';'!:. "'f": ' ",, , . ~: . <THE LAND REFERRED TO:i:IN THIS POLICY IS DESCRIBED AS FOL:LOWS: .I:S ;~., . SE·E;;tLEGAL DESCRIPTION ATTACHED , . :J :' ;,.t· it.· '.;.' i':: ~ ~ f': ',i. . '~~~rT: : :", .--:; , :.: ,' . , ~,:~. \' •• , ,.1.'0_1,.:" " .~, , ',I FORNIA LAND.-TITLE ASSOCIATION COVERAGE -1990 ICY NO.: GNJP~1597-300318 NO.: 06-161529 . ,,' LEGAL DESCRIPTION ~I ,THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF I·· i' SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: :;'. PARCEL 1: ALL OF LOT 64 OF THAT TRACT DESCRIBED IN MAP NO. 5162, IN THE ' .. :' 'CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, APRIL 23, 1963. EXCEPTING AN EASEMENT FOR BOTH STORM DRAIN AND TREE MAINTENANCE PURPOSES OVER A STRIP OF LAND 15 FEET WIDE ADJACENT TO THE BOUNDARY COMMON TO SAID LOTS 74 AND 64 AS RESERVED BY JANSS CORPORATION IN DEED RECORDED OCTOBER 30, 1967 AS FILE NO. 168140 OF OFFICIAL RECORDS AND RESERVED IN VARIOUS DEEDS OF RECORD. ',EXCEPTING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF 'SAID LAND, WITHOUT, HOWEVER, THE RIGHT,"OF SURFACE ENTRY. PARCEL 2: ANON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT SMALL WATERCRAFT, OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH THE LAND • . PARCEL 3: .. A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND ·SMALL WATERCRAFT INGRESS AND EGRESS OVER LOT 74 OF THAT TRACT DESCRIBED IN MAP NO.""S162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963 WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1. AN EASEMENT OVER THAT PORTION OF THE ABOVE REFERENCED LOT 74 OF -1- '1 " ':~;;. 06-161529 r~l~ALIFORNIA LAND TITLE ASSOCIATION . .!:~r'!:iSTANDARD COVERAGE -1990 . : ;~; , f~ , ; , : I ~: ··-... ~1-· : ' SAID TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, ON APRIL 23, 1963, WHICH PORTION IS WHARFAGE AREA 64 AS DELINEATED IN EXHIBIT "B" ATTACHED TO AND INCORPORATED IN 'IIHE ABOVE _.J3EFERENCED PECLARA.T.r.ON .OF RESTRICTIONS AND PROTECTIVE COVENANTS, SAID EASEMENT TO BE FOR THE EXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND USE A WHARFAGE FACILITY PURSUANT TO SAID DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, AND APPURTENANT TO PARCEL 1 ABOVE. -2- ·: • SCHEDULE B EXCEPTIONS FROM COVERAGE PART 1 T~XES 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. .... PROCEEDING BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. '. -'.' 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. -) l"! . "S'!3 '; ::. ~ . , ~ : ,'" ·.;f,!:{i~ • ;'·r· . .',1. ; " EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 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. (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. ·:,li~ !: ,~~.{ ~ J 1 • ./1. " ,1" , " , .'. :!" , :' ,I f': . '",. ;1~\, ' ')',' " IFORNIA LAND TITLE ASSOCIATION COVERAGE -1990 ICY NO: CNJP-1597-300318 DER NO: 06-161529 1. GENERAL AND SPECIAL YEAR 1996-97 INCLUDING FIRST INSTALLMENT: SECOND INSTALLMENT: PARCEL NO. PART II COUNTY AND/OR CITY TAXES FOR THE PERSONAL PROPERTY TAX, IF ANY. PAID OPEN, NOT DELINQUENT 207-150-48 FISCAL lA. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF A COMMUNITY FACILITI ES ASSl:;SSMEN'r. 'I'Hi:; AMOUN'l' OF ASS[~SSMEN'l', 1 F ANY, ATTRIBUTABLE TO 'T'HlS PARCEL 1S CLJRREN'I'LY 01-< W1LL BE COLLEC'rED AS A PART OF THE rrAX BILL. lB. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WfTH SECTION 75) OF THE REVENUE AND TAXATION CODE OF rIlliE STA'1'E OF CALIFORNIA. 2. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES AND INCIDENTAL PURPOSES, OVER, UNDER, ALONG AND ACROSS THOSE 'EASEMENT PARCELS HEREIN DESCRIBED, AS CONVEYED AND RESERVED BY VARIOUS DEEDS OF RECORD. 3. EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBLIC UTILITIES AND APPURTENANCES THERETO, AS RESERVED AND CONVEYED BY VARIOUS INSTRUMENTS OF RECORD AND AS SET FORTH IN THE DECLARATION OF RESTRICTIONS HEREINAFTER SHOWN. AFFECTS: I PARCEL 4 4 ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT: (A) SOME PORTION OF SAID LAND HAS BEEN CREATED BY ARTIFICIAL MEANS, OR HAS ACCRETED TO SUCH PORTION SO CREATED. (B) SOME PORTION OF SAID LAND HAS BEEN BROUGHT WITHIN THE BOUNDARIES THEREOF BY AN EVULSIVE MOVEMENT OF THE AGUA HEDIONDA LAGOON, OR HAS BEEN FORMED BY ACCRETION TO ANY SUCH PORTION. RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS Of THE AGUA HEDIONDA LAGOON. 5. ANY RIGHTS IN FAVOR OF THE PUBLIC WHICH MAY EXIST ON SAID LAND FOR PARKING, BEACH OR RECREATIONAL USES, IF SAID LAND OR PORTIONS THEREOF WERE AT ANY TIME USED BY PUBLIC FOR SUCH PURPOSES. 6. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE -1- ,. , • il rh . ,·"to'., "'~r ::;\,',' t«i'M,*#l?t"""-' I '~1K ~'CALIFORNIA LAND TITLE ASSOCIATION ,:'~',:.STANDARD COVERAGE -1990 06-161529 I, .: ,,,i· _I"! , "'7:'" ~ ,I( ~ " . ,.,!. ,j, " t .. ': , I ' "j,,, 3' .' ;.-~ , . ~ '. , . ,'I',:.' f" I' i' .,' '" . !, ,;PURPOSES STATED IN FAVOR OF: FOR: ·RECORDED: AFFECTS; HEREIN AND INCIDENTAL PURPOSES PACIFIC TELEPHONE AND TELEGRAPH COMPANY AERIAL AND UNDERGROUND COMMUNICATION STRUCTURES JULY 19, 1963 AS FILE NO. 127076 OF OFFICIAL RECORDS THE EASTERLY 86 FEET OF THE SOUTHERLY 3 FEET OF LOT 64 7. MATTERS IN AN INSTRUMENT WHICH, AMONG OTHER THINGS, CONTAINS OR PROVIDES FOR ASSESSMENTS, LIENS AND THE SUBORDINATION THEREOF, PROVISIONS RELATING TO THE PARTITION, RESTRICTIONS OR SEVERABILITY OF COMPONENT INTERESTS, ~OVENANTS, CONDITIONS AND RESTRICTIONS, PROVIDES FOR USE OF COMMON AREAS, CERTAIN EASEMENTS, AND A PROVISION THAT ANY VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF A MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT WHICH, HOWEVER, DO NOT CONTAIN RESTRICTIONS BASED UPON RACE, COLOR OR CREED RECORDED: I AUGUST 5, 1966 AS FILE NO. 127577 OF OFFICIAL RECORDS. THE ABOVE-MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT THE ASSESSMENT LIENS PROVIDED FOR THEREIN SHALL BE SUBORDINATED TO THE LIEN OF ANY FIRST MORTGAGE UPON ANY CONDOMINIUM. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT RECORDED OCTOBER 28, 1977 AS FILE NO. 77-447138 OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT RECORDED DECEMBER 6, 1983 AS FILE NO. 83-442993 OF OFFICIAL RECORDS. 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY FOR: TRANSMISSION AND DISTRIBUTION OF ELECTRICITY RECORDED: MARCH 17, 1967 AS FILE NO. 36713 OF OFFICIAL RECORDS , AFFECTS; THE EASTERLY 5.00 FEET OF SAID LAND 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN AND INCIDENTAL PURPOSES IN FAVOR OF; JANSS CORPORATION FOR: STORM DRAIN AND TREE MAINTENANCE RECORDED: OCTOBER 30, 1967 AS FILE NO. 168140 OF OFFICIAL RECORDS AFFECTS; THE WESTERLY 15 FEET -2- 06-161529 IFORNIA LAND TITLE ASSOCIATION COVERAGE -1990 SAID EASEMENT HAS BEEN GRANTED AND RESERVED IN VARIOUS DEEDS OF RECORD. ··~10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE AMOUNT STATED HEREIN AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF DATED: AMOUNT: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: DECEMBER 4, 1996 $256,500.00 WILLIAM D. HARTSOCK AND KIMBERLY M. HARTSTOCK, HUSBAND AND WIFE N.A. MORTGAGE SERVICES, INC., A CALIFORNIA CORP. AMERICAN SAVINGS BANK, F.A. DECEMBER 6, 1996 AS FILE NO. 1996-0613182 OF OFFICIAL RECORDS. -3- .. CONDITIONS AND STIPULA nONS Continued .," WO, (continued from reverse side of Policy Face) • , ' e~cu'lnbrance or other matter insured against by this policy. The the right to select' counsel of its choice (subject to the right to object for reasonable cause) to represent the insured as to ~auses of action and shall not be liable for and will not pay the other counsel. The company will not pay any fees, costs or expenses ,an insured in the defense of those causes of.action which allege against by this policy. shall have the right, at its own' cost, to institute and or proceeding or.to do any other qct which in its opinion or desirable to establish the title to the estate or interest or insured mortgage, as insur.ed, or to prev~nt or reduce loss or n insured. The Company may take any appropriate action under this policy, whether or not it shall be liable hereunder, and shall not ereJ:i.Y,!cQnlceejejiability or waive any _provLsio,n of this .p.9licy. If the Company rights under this paragraph, it shall do so diligently. ,r',IWV,"'npw, the Company shall have brought an action or interposed a uired or permitted by the provisions of this policy, the Company , any Ii to final determination by a court of competent juris- dicttio'n,!Cinld" reserves the right, in its sole discretion, to appeal from any ad1fer!;-ellilldament or order. cases where this policy permits or requires th'e Company to prose- for the defense of any action or proceedirig, an insured shall Company the right to so prosecute or provide defense in the action r9,~!!~C!llng, and all appeals therein, and permit the Company to use, at its me of such insured for this purpose. Whenever requested by the n insured, at the Company's expense, shall give the Company all ,qid (i) in any action or proceeding, securing evidence, obtaining "tn'~"'j'('l'\'nrn<p" g or defending the action or proceeding, or effecting set· in any other lawful act which in the opinion of the Company p~jloec,1 ~ssary or desirable to establish the title to the estate or interest or the insured mortgage, as insured. If the Company is prejudiced by of an insured to furnish the required cooperation, the Company's nhl,nnl,nrRto such insured under the policy shall terminate, including any liabil· Or.',)1'I1I001'lon to defend, prosecute, or continue any litigation, with regard to matters requiring such cooperation. . , OF LOSS OR DAMAGE. to and after the notices required under Section 3 of these Con· ons have been provided the Company, a proof of loss or sworn to by each insured claimant shall be furnished to the 90 days after the insured claimant shall ascertain the facts the loss or damage. The proof of loss or damage shall describe the lien or encumbrance on the title, or other matter insured against by hich constitutes the basis of loss or damage and shall state, to the extl~ntp~jssible, the basis of cakulating the amount of the loss or damage. If the iced by the failure of an insured claimant to provide the of loss or damage, the Company's obligations to such insured v,,,,,,,,,J,l!l<i-1oIV'II'Y shall terminate, including any liability or obligation to defend, continue any litigation, with regard to the matter or matters proof of loss or damage: Ih!'~iiirlitinn on insured claimant may reasonably be required to submit an nder oath by any authorized representative of the Company and 'for examination, inspection and copying, at such reasonable times may be designated by any authorized representative of the books, ledgers, checks, correspondence and memoranda, g a before or after Date of Policy, which reasonably per· or damage. Further, if requested by anr authorized representa· ,,:m.n ... UIlIDU'"V, the insured claimant shall grant Its p'ermission, in writing, representative of the Company to examine, inspect and copy ledgers, checks, correspondence and memoranda in the cvs· o,:,.nnt,'nl of a third party, which reasonably pertain to the loss or damage. inflirmotilln designated as confidential by an insured claimant provided to \..OlmDIJnV pursuant to this Section shall not be disclosed to others vnless, in e judgment of the Company, it is necessary in the administration me"CICllm. Failure of an insured claimant to svbmit for examination under other reasonably requested information or grant permission to relr'easonably necessary information from third parties as required in this vnless rrohibited by law or governmental regulation, shall termi· bility 0 the Company under this policy as t?' that insured for that ,nDT,Ir.UJC! TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION y, claim under this policy, the Company sholl have the following Tender Payment of the Amount of hisurance or to Pur- or tender payment of the amount of insurance under this anr costs, ~trorn~S: J.ees .and exp~s~s. incurred by the were authcl'rized"oy the Company; up to the lime of 'of payment and which the Company is,pbligated to pay; or , q! (ii) in case I'oss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebted· ness secured by the irisured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebted· ness and the insured mortgage, together with ony collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provicled for in para· graph ali), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, includ· ing any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment required to be made, sholl terminate, including any liability or obligation to defend, prosecute or continve any litigation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant, any claim insured ~gainst under th~s policy, t~gether w.ith any costs, attorneys fees and expenses Incurred by the Insured claimant whICh were authorized by the Company vp to the time of payment and which the Company is obligated to pay; or (ii) to pay' or otherwise settle with .the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which tlie Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made. shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY, This policy is a contract of indemnity against actual monetary loss or dam· age sustained or incurred by the insured claimont who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedula A. ':Jr, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipula· tions, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(0) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(0) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, aHorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. LIMITATION OF LIABILITY, (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the laCK of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in 0 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 metter and shall not be liable for any loss or damage caused thereby. 1'·.ldin'ditions ond stipulations continued"ana hncluded ~ .; i' 'I' . : ..... , ':~~~h~ of any l~igatioh)!;;h:~IJdin~ li'tige~y the Company or riY's consent, the Company shall have :11'6. liability for loss or ere has been a final· determination by a court of competent dispositiol) of all appeals therefrom, adverse to the title, or, if e lien of the insured mortgage, as insured .. . shall not be liaQle 'for loss or dalTio~e to any insured for by th~ insured in settling' a!1y;:claim or suit without of the Company, :-:',,;:' \"'o,mo"nv sholl not' be ·1i·Qble to on insured lender for: (i) any subsequent to Date of Policy except for advances made to insured mortgage and secured thereby and reasonable to prevent deterior.ation of improvements; or (ii) construction subsequent to Dote of Policy, ex,ept construction loan subsequent to Dote of Policy for the purpose of financing in th'e construction of on improvement to the land which at Dote of red by the insured mortgage and which the insured was and De·.QDI·IOOiTeo .to .odvance-·at-ood .. a!ter ·Dore·.()f .Policy. .. INSURANCE; REDUCTION OR TERM.INATION OF ents under this policy, .except payments-,made for costs, attor- expenses, shall reduce the amount of insurance pro tonto. How- insured lender, any payments mode prior to the acquisition of ttn ... · .. (lnI .. or interest as provided in Section 2(0) of these Conditions and ::;ti~>)JIQtion not reduce pro tanto the amount of insurance afforded under . any such insured, except to the extent that the payments reduce e indebtedness secured by the insured mortgage. "'QI~~mJl'nV"n"nt in port by any person of the principal o'f the indebtedness, or secured by the insured mortgage, or;any voluntary partial (ntil(tri,;tln,n~or release of the insured mortgage, to the ex.tent of the payment, s\l!llst~.~!Ciri .or release, shall reduce the amount of insurance pro tonto. The insurance may thereafter be increased by accruing interest and e to protect the lien of the insured mortgage and secured there- thereon, provided in no event sholl the amount of insurance the Amount of Insurance stated in Schedule A. in full by any person or the voluntary satisfaction or release of mn,rlnl,n .. sholl terminate all liability of the Company to on insured lencler;iexc,eot, in Section 2(0) of these Conditio'ns and Stipulations. unde that the· amount of insurance under this policy amount the Company may pay under any policy insur- exception is token in Schedule B or to which the insured or taken subject, or which is hereafter executed by on charge or lien on the estate or interest described or A, and the amount so paid sholl be· deemed a payment the insured owner. '. of this Section shall not apply to an in,sured lender, unless title to said estate or interest· in satisfaction of the . by an insured mortgage. , : , :;I'Al(;MEI'H OF LOSS. , payment sholl be mode without producing this policy for endorse- m .. ,n+:',r,flill,,, payment unless the policy has been lost or destroyed, in which case or destruction sholl be furnished to the· satisfaction of the liability and the extent of loss or damage, has been definitely nee with these Conditions and Stipulations,.,the loss or damage within 30 days thereafter. UPON PAYMENT OR SETTLEMENT ... Company's Right of Subrogation ·1AI •• • .. • .... ~ .. ft the Company shall have settled and paid a claim under this ;':'nlil~'rin' ht of subrogation sholl vest in the Company unaffected by any act sholl be subrogated to and be entitled to all rights and insured claimant would have hod against any person or to the claim hod this policy not been issued. If requested by insured claimant sholl transfer to the Company all rights and any person or property necessary in order to perfect this right The insured claimant shall permit the Company to sue, com- In the name of the insured claimant and to use the name of the ~t in any transaction or litigation involving these rights or on account of a claim does not fully cover the loss of the the Company shall be subrogated (i) as to on insured owner, in the proportion which the Company's payment bears of the loss; and (ii) as to an insured lender, to all rights insured claimant after the insured claimant shall have re- interest, and costs of collection. "to. ~ • j , If' loss should res~lt.any act-:>f.the ~rnsured claimant, as stated above, that act sholl not void tlils policy, but the Company, in that event, sholl be required to/ay only that part of ~ny losses insured against by this policy which shall excee the amount, if any, lost t~ the Company by reason' of the impair- ment by the insured claimant of the Company's right of subrogation .. (b) The Insured's Rights and ·Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personallia- bility of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insur.ed mortgage, or release any collateral security for the indebtedness. . When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company sholl be required to pay only that port of any losses ·insured against by this' policy·which"sh-all exceed the amount, if any, lost to the Company by reason of the impairment by the insured daimant of the Company's right of subrogation. (c) The Company's Rights Against Non-insured Obligors. _ The Company's right of subrogation against non-insured obligors sholl exist and sholl include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, nQtwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this po I i',>' . The Company s right of subrQgation sholl not be avoided by acquisition of an insured mortgage by an obligor (except on obligor described in Section 1 (a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1 (a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable low, either the Company or the insured 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 claim between the Company and the insured aris- ing out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a polity provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less sholl be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbi- trated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is mode or, at the option of the insured, the Rules in effect at Dote of Policy sholl be binding upon the parties. The award may include attorneys' fees only if the lows of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court haYing jurisdiction thereof. The low of the situs of the land shall QPply toon arbitration under the Title Insurance Arbitration Rules. A copy of the Rules ma}' be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. , (0) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and cQntract between the insured and the Company. In interpreting any provision of this policy, this policy sholl be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be mode except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretory, on Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions sholl remain in full force and effect. 16. NOTICES, WHERE SENT. All notices required to be given the Company'and any statement in writing required to be furnished the Company sholl include the number of this policy and sholl be addressed to the Company at P. O. Box 2029, Houston, TexCls 77252-2029, and identify this policy by its printed policy serial number which appears on the bottom of the front of the first page of this policy. -::_,-' r . -~. , .. :: .... " !~ .. ., . " " .. ~ " \ :! .f;~ .~. ~~i ,:\ ": i l ,~ .. : • . :tlt~ . ·,.:iC h~ • - 8#ELTi. .. 4 (~t./,..1 -··./.OTI )./£, ,1'NtPN:; , / .:,..~...... ' ...... 1 --------------------------------------------------------------- .~I. ... 7ER COVE L~rl l .. /,tr 'o/C) /v D.·~i M,tIP'NCo .'iUJ I,.;_"_·~" cs ~ ~ I I 8 , l lOS MoN' .... 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