Loading...
HomeMy WebLinkAboutLa Costa De Marbella Homeowners; 2008-07-11;GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS This Global Settlement Agreement ("Agreement") is made and entered into effective as of the date of the last signature on this Agreement by and between the "Settling Plaintiffs" defined below, the City of Carlsbad, Carlsbad Municipal Water District, and ISOP with reference to the recitals stated herein. I. DEFINITIONS The following definitions shall apply herein: Abatement Agreement. The term "Abatement Agreement" shall mean and refer to that certain Agreement Regarding Abatement of Earth Movement entered into on or about May 11, 2005, between the City and the HOA. City. The term "City" shall mean and refer to the City of Carlsbad. CMWD. The term "CMWD" shall mean and refer to the Carlsbad Municipal Water District. Close of Escrow. The term "Close of Escrow" shall mean and refer to the date upon which all conditions identified in Section 9.1 have been satisfied. Common Area. The term "Common Area" shall mean and refer to all commonly owned land and improvements at La Costa de Marbella. Condominium Units. The term "Condominium Units" shall mean and refer to the individually owned portion of the property, airspace and improvements that comprises each condominium at La Costa de Marbella, and also refers to the commonly owned structures that form the shell of the condominium. Destroyed Units. The term "Destroyed Units" collectively means and refers to the Condominium Units within La Costa de Marbella located at the following addresses: • 2405A La Costa Avenue; • 2405B La Costa Avenue; • 2405C La Costa Avenue; • 2405D La Costa Avenue; • 2407A La Costa Avenue; • 2407B La Costa Avenue; • 2407C La Costa Avenue; and Page 1 of 136 settlement agrcement.vcrsionOTa • 2407D La Costa Avenue. Destroyed Unit Owners. The term "Destroyed Unit Owners" collectively means and refers to the following plaintiffs that are the owners of the Destroyed Units: UNIT 2405A 2405B 2405C 2405D 2407A 2407B 2407C 2407D DESTROYED UNIT ROBERT A. WHITEHEAD AND THERESA OWNERS M. WHITEHEAD MARION M. ULDRICKS LAURIE LINDLEY C. SHERMAN SEVERIN ROBERT M. STRONG TROY KINTO AND JEFFREY WILSON ERICSHIPPEN MICHAEL A. ROBINSON AND DENISE A.AUSTIN ROBINSON Escrow. The term "Escrow" shall mean and refer to an escrow at Chicago Title Company, Mission Valley Branch, located at 2365 Northside Drive, Suite 600, San Diego, California, 92108, with Joyce Gray serving as the escrow officer for the completion of the terms and provisions of this Agreement. Fire Hydrant Lateral. The term "Fire Hydrant Lateral" shall mean and refer to a portion of the underground water pipe system owned by CMWD at La Costa de Marbella, consisting of a six inch asbestos-cement pipe that ran from a gate valve tee connector on the system's water main to a fire hydrant located at or near the Condominium Unit located at 2407C La Costa Avenue. HOA. The term "HOA" shall mean and refer to the La Costa de Marbella Homeowners' Association. HOA Action. The term "HOA Action" shall mean and refer to a lawsuit filed on or about July 11, 2005, by the HOA against the City entitled La Costa de Marbella Homeowners' Association v. City of Carlsbad, San Diego County Superior Court Case No. GIC850408. ISOP. The term "ISOP" shall mean and refer to the Insurance Company of the State of Pennsylvania, the liability insurer for the City and CMWD pursuant to policy number 4204-1942 for the policy period from July 1, 2004 through July 1, 2005. Individual Plaintiffs. The term "Individual Plaintiffs" shall collectively mean and refer to the plaintiffs whose names and associated units are as follows: UNIT 2401B 240 1C 2403AV _ INDIVIDUAL PLAINTIFFS JOSEPH GORAK DAN KYLE AND ELIZABETH KYLE JASON R. LEWIS Page 2 of 136 settlement agreemem.versionOVa UNIT 2403B 2409A 2409B 2409D 241 1A 241 IB 2413A 2413B 2413C 2415B 2415C 2415F 2419A 2421 A 242 IB 2423B 2425A 2425C 2425E 2425F 2427A 2427B 2429B 2431 A 243 1C 243 ID 2431E 243 IF 2433A 2433C 2433D INDIVIDUAL PLAINTIFFS STEVEN FIEDLER CLIFFORD WESTON BLASI AND DEVIKA BLASI MICHAEL GIBBS AND LARA GIBBS M. LAWRENCE KOPP SABIHE SEYED-TAVAKOLI LINDA P. TILLOTSON RYAN H. MOURITZEN AND STEPHEN A. NEVILLE ROBERT C. DIPLOCK KATHRYN M. BANNISTER AND CINDY K. BRODERDORF SHERRJ E. BEHAR BETTY FLENNIKEN (AKA Betty Molriar) TODD L. BREEDING JOHN E. KENNEY AND YOLANDA P. KENNEY TERI L. ARENZ MICHELE P. CAIN TANIA NICHOLAS AND JODY NICHOLAS BUFORD GRAHAM WELLS JEFFREY ALBERT OLDHAM APRIL PARKS ATA HARARI ON BEHALF OF TORPAKAI HARARI SHARON F. KEITH VIRGINIA L. WALTERS CHRISTINE K. CHRYSSOVERGIS JEANNE R. BOSCO BONNIE M. ILIFF-STEINHAUER EVA DIAZ JEFF FOUDY AND TINA FOUDY JEANNE R. BOSCO MATTA AYOUB AND TERESA CECILIA AYOUB KEITH J. ANDERSON JEANNE R. BOSCO Page 3 of 136 settlement agrecmcnt.version07a The term "Individual Plaintiffs" does not include the "Destroyed Unit Owners' as defined herein. La Costa de Marbella. The term "La Costa de Marbella" shall mean and refer to the condominium development located within the City of Carlsbad, County of San Diego, State of California at 2401A through 2433D La Costa Avenue, described as Lot 206, La Costa South Unit No. 3 per Map No. 6533, in the City of Carlsbad, County of San Diego, State of California. Landslide. The term "Landslide" shall mean and refer to past, present and future earth movement at La Costa de MarbeUa that was evidenced on or about March 2005 and is the subject of the Lawsuits as defined below. Lawsuits. The term "Lawsuits" shall mean and refer to the Lindley Action, the HOA Action, the Whitehead Action and the Uldricks Action, and to all and each of them. Lenders. The term "Lenders" shall mean and refer to the beneficiaries of recorded deeds of trust secured by the Destroyed Units, or the successors and assigns of such beneficiaries. When used in the singular, "Lender" shall mean and refer to a specific beneficiary of a deed of trust with respect to a specific Destroyed Unit as required by the context. Lindteu Action. The term 'Lindley Action" shall mean and refer to a lawsuit filed on or about June 28, 2005, by Laurie Lindley, Robert M. Strong, Jeffrey T. Wilson, Troy Kinto, Eric Shippen, Denise Austin and Michael Robinson against the HOA, the City, CMWD and others entitled Laurie Lindley, etal. v.La Costa de Marietta Homeowners Association, et al, San Diego County Superior Court Case No. GIC849880. Audrey Watson as guardian of the estate of C. Sherman Severin was subsequently added as a plaintiff. Mediation Agreement. The term "Mediation Agreement" shall mean and refer to that certain Mediation Agreement entered into on or about May 11, 2005, between the City and the HOA. Reinstatement Agreement. The term "Reinstatement Agreement" shall mean and refer to that certain Reinstatement Agreement entered into on or about Jury 22, 2005, between the City and the HOA. Required Repairs. The term "Required Repairs" shall mean and refer to the repairs that must be made by the HOA at La Costa de Marbella. The Required Repairs consist of the following portions of the Budget to Repair Estimate of Gliko Construction, Inc., dated April 11, 2007: Section A (Architectural Issues) subsection 1.0 (Building Repairs); Section B (Geotechnical Issues); Geotechnical Engineering Fees; Permits and Plan Check; and Relocation. The Required Repairs are to be funded by the settlement proceeds substantially in compliance with the plans of American Geotechnical, Inc. as ultimately approved and conditioned by the City. The referenced Budget to Repair Estimate and conceptual plans of American Geotechnical, Inc. are attached hereto as Attachment A. Page 4 of 136 Settling Plaintiffs. The term "Settling Plaintiffs" shall collectively mean and refer to each of the following Plaintiffs: the Destroyed Unit Owners, the HOA, and the Individual Plaintiffs. Storm Drain Settlement Agreement. The term "Storm Drain Settlement Agreement" shall mean and refer to that certain Settlement Agreement entered into on or about September 29, 2005, between the City and the HOA. Uldricks Action. The term "Uldricks Action" shall mean and refer to the lawsuit filed on or about March 15, 2006, by Marion Uldricks against the HOA, the City, CMWD and others entitled Marion Uldricks v. La Costa de Marbella Homeowners Association, et al, San Diego County Superior Court Case No. GIC862785. Water Main. The term "Water Main" shall mean and refer to the underground system of asbestos-cement water pipes and appurtenances owned by CMWD on the property of La Costa de Marbella. Water System. The term "Water System" shall mean and refer to the water mains, lateral, fire hydrants, connections and appurtenances at La Costa de Marbella that were dedicated to and owned by CMWD pursuant to an Offer & Acceptance of Water System Facilities dated October 20, 1976. The Water Main and Fire Hydrant Lateral are portions of the Water System. Whitehead Action. The term "Whitehead Action" shall mean and refer to the lawsuit filed on or about January 26, 2006 by Robert Whitehead, Cliff Blasi, Sherri Behar, Tania Nicholas, Teri Arenz, Michael Gibbs, Kathryn Bannister, Cindy Broderdorf, Joseph Gorak, Sabinhe Tavakoli, Robert Diplock, Daniel Kyle, April Parks, Jason Lewis, Steven Fiedler, Virginia Walters, Lawrence Kopp, Michele Cain, Stephen Neville, Sharon Keith, Ryan Mouritzen, Matta Ayoub, Buford Wells and Torpakai Harari against the City entitled Robert Whitehead, et al. v. City of Carlsbad, San Diego County Superior Court Case No. GIC860333. II. RECITALS A. The Landslide occurred at La Costa de Marbella, which has resulted in major damage and non-habitability of the Destroyed Units, damage to Common Area of La Costa de Marbella, damage to other Condominium Units, damage to a portion of the City's right of way on La Costa Avenue, damage to CMWD's Water System, financial loss to the HOA, real and personal property damages, attorneys fees, investigation and expert expenses, costs of suit, alleged emotional distress and alleged financial loss to the owners of the Condominium Units. The Landslide was detected on or about March 2005. B. On or before March 1, 2005, a water leak was reported to the City and/or CMWD at the Fire Hydrant Lateral. The Fire Hydrant Lateral was turned off on March 1, 2005, and was repaired on and after March 2, 2005. C. On or about March 11, 2005, at approximately 9:40 a.m., a water leak was rejported to the City and/or CMWD at the Water Main. The Water Main was Page 5 of 136 settlement agreement.versionOTa turned off and was later turned back on by employees of the City/CMWD. At approximately 3:20 p.m. on March 11, 2005, a water leak at the Water Main was again reported to the City and/or CMWD. The Water Main was turned off again, and the Water Main was subsequently repaired. D. Also on or about March 11, 2005, the Landslide became known to the City and CMWD. On that date the City yellow-tagged each of the Destroyed Units. Each of the Destroyed Units was subsequently red-tagged as uninhabitable. The HOA demolished the Destroyed Units in approximately August 2006. E. The Settling Plaintiffs allege, and the City and CMWD deny, that the Water System at La Costa de Marbella was in a dangerous condition because pipes, couplings, o-rings, valves and other elements of the system were defectively and/or negligently designed, constructed, maintained, inspected, repaired, owned and operated, causing a. water leak at the Fire Hydrant Lateral. The Settling Plaintiffs allege, and the City and CMWD deny, that the leak in the Fire Hydrant Lateral was a substantial factor in causing the Landslide and resulting damage to the Destroyed Units and to portions of the common area at La Costa de Marbella. The Settling Plaintiffs allege, and the City and CMWD deny, that the leak in the Water Main was a substantial factor in causing and/or worsening the Landslide and resulting damage to the Destroyed Units and to portions of the common area at La Costa de Marbella. F. The City and CMWD allege and the HOA denies that a private storm drain commonly owned by the HOA members and maintained by the HOA as a part of the Common Area ran through the middle of the area disturbed by the Landslide, that the storm drain was constructed out of corrugated metal pipe, that the storm drain was badly rusted and corroded and well past the end of its useful life, and that the storm drain was leaking water into the soil in the area of the Landslide. The City and CMWD allege, and the Settling Plaintiffs deny, that the HOA was negligent in failing to inspect, maintain, repair and/or replace the storm drain, and that such negligence was a substantial factor and/or a cause of the Landslide and resulting damages. G. On or about May 11, 2005, the City and the HOA entered into the Abatement Agreement, whereby it was agreed, among other things, that the City would perform certain landslide abatement work to stabilize the toe of the Landslide. H. Also on or about May 11, 2005, the City and the HOA entered into the Mediation Agreement whereby it was agreed, among other things, that the City would receive a credit for the cost of its work under the Abatement Agreement against any judgment that the HOA may obtain against the City with respect to the Landslide. I. The Settling Plaintiffs have filed the following tort claims against the City and/or CMWD for damages that they associate with the Landslide: Unit O Claimant HOA Date of Claim 04/15/2005 07/01/2005 10/26/2006 Action by City/CMWD Denied 05/18/2005 Denied 07/18/2005 Untimely 11/30/2006 Page 6 of 136 settlement agrecment.versionOVa Unit 240 IB 2401C 240 1C 2403A 2403B 2405A 240SA 2405B 2405C 240SD 2407A 2407B 2407B 2407C 2407D 2409A 2409A 2409B Claimant JOSEPH GORAK DAN KYLE DAN KYLE and ELIZABETH KYLE JASON R. LEWIS STEVEN FIEDLER ROBERT A. WHTTEHEAD ROBERT A. WHITEHEAD and THERESA M. WHITEHEAD MARION M. ULDR1CKS LAURIE LINDLEY AUDREY WATSON as guardian of the estate of C. SHERMAN SEVERJN ROBERT M. STRONG TROY KINTO JEFFREY WILSON ERIC SHIPPEN MICHAEL A. ROBINSON and DENISE A. AUSTIN CLIFFORD WESTON BLASI CLIFFORD WESTON BLASI and DEVIKA BLASI MICHAEL GIBBS and LARA GIBBS Date of Claim 07/11/2005 10/26/2006 07/11/2005 10/26/2006 07/11/2005 10/26/2006 07/11/2005 10/26/2006 04/05/2005 04/13/2005 07/11/2005 10/26/2006 09/09/2005 10/26/2006 05/19/2005 08/29/2005 OS/ 19/2005 OS/ 19/2005 05/19/2005 05/19/2005 04/20/2005 05/05/2005 07/11/2005 10/26/2006 08/10/2005 10/26/2006 Action by City/CMWD Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 05/18/2005 Denied 08/02/2005 Untimely 11/30/2006 Denied 09/14/2005 Untimely 11/30/2006 Denied 05/25/2005 Denied 11/16/2005 Denied 05/25/2005 Denied 05/25/2005 Denied 05/25/2005 Denied 05/25/2005 Denied 05/26/2005 Denied 05/26/2005 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/1 1/2005 Untimely 11/30/2006 Page 7 of 136 letUemeni sgreenwnt «r«ion07» Unit 2409D 2411A 241 IB 2413A 24 ISA 2413B 2413C 2415B 2415C 2415F 2419A 2421 A 242 IB 2423B 2423B 2425A 2425E 2425F 2427A V R, — Claimant M. LAWRENCE KOPP SABIHE SEYED-TAVAKOLI LINDA P. TILLOTSON RYAN H. MOURITZEN STEPHEN A. NEVILLE ROBERT C. DIPLOCK KATHRYN M. BANNISTER and CINDY K. BRODERDORF SHERRI E. BEHAR BETTY MOLNAR (aka Betty Flenniken) TODD L. BREEDING JOHN E. KENNEY and YOLANDA P. KENNEY TERI L. ARENZ MICHELE P. CAIN TANIA NICHOLAS TANIA NICHOLAS and JODY NICHOLAS BUFORD GRAHAM WELLS APRIL PARKS ATA HARARI on behalf of TORPAKAI HARARI SHARON F. KEITH— A . — . — - — . — Date of Claim 07/11/2005 10/26/2005 07/11/2005 10/26/2005 10/26/2006 07/11/2005 10/26/2005 07/11/2005 10/26/2005 07/11/2005 10/26/2005 07/11/2005 10/26/2005 07/11/2005 10/26/2005 10/26/2006 10/26/2006 10/26/2006 07/11/2005 10/26/2005 07/11/2005 10/26/2005 07/11/2005 10/26/2005 10/26/2005 07/11/2005 10/26/2005 10/26/2005 10/26/2005 Action by City/ CM WD Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Untimely 11/30/2006 Untimely 11/30/2006 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Untimely 11/30/2006 Denied 08/02/2005 Untimely 11/30/2006 Untimely 11/30/2006 Untimely 11/30/2006 Page 8 of 136 settlement agreement.vcrsion07a Unit 2427B 2429B 2431 A 2431F 2433D 243 1C 243 ID 243 IE 2433A 2433C Claimant VIRGINIA L. WALTERS CHRISTINE K. CHRYSSOVERGIS JEANNE R. BOSCO BONNIE M. ILIFF-STEINHAUER EVA DIAZ JEFF FOUDY and TINA FOUDY MATTA AYOUB and TERESA CECILIA AYOUB KEITH J. ANDERSON Date of Claim 07/11/2005 10/26/2005 10/26/2005 12/21/2006 10/26/2006 10/26/2006 10/26/2006 10/26/2006 10/26/2006 Action by City/CMWD Denied 08/02/2005 Untimely 11/30/2006 Untimely 11/30/2006 Untimely on 01/08/2007 Untimely 11/30/2006 Untimely 11/30/2006 Untimely 11/30/2006 Untimely 11/30/2006 Untimely 11/30/2006 J. The Settling Plaintiffs have filed the following lawsuits against the City and/or CMWD with respect to the Landslide: 1. On or about June 28, 2005, the Lindley Action, San Diego County Superior Court Case No. GIC849880, was filed. Plaintiffs amended their complaint on or about March 13, 2006, May 26, 2006 and November 11, 2006. The Third Amended Complaint filed on or about November 11, 2006 contained causes of Action for Inverse Condemnation, Abatement of Nuisance, Dangerous -Condition of Property, Nuisance, Negligence and Declaratory Relief. The HOA denied the allegations of the Third Amended Complaint and alleged affirmative defenses in its answer filed on December 1, 2006. The City and CMWD answered the Third Amended Complaint on February 2, 2007, denying the material allegations thereof, and asserting affirmative defenses. 2. On or about July 11, 2005, the HOA Action, San Diego County Superior Court Case No. GIC850408, was filed. This lawsuit was consolidated with the Lindley Action on or about July 20, 2005, with the Lindley Action serving as the lead case. The HOA amended its complaint on or about July 7, 2006. On or about August 13, 2006, the HOA filed a Second Amended Complaint on behalf of itself and Plaintiffs Robert Whitehead, Cliff Blasi, Sherri Behar, Tania Nicholas, Teri Arenz, Michael Gibbs, Kathryn Bannister, Cindy Broderdorf, Joseph Gorak, Sabinhe Tavakoli, Robert Diplock, Daniel Kyle, April Parks, Jason Lewis, Steven Fiedler, Virginia Walters, M. Lawrence Kopp, Michele Cain, Stephen Neville, Sharon Keith, Ryan Mouritzen, Matta Ayoub, Buford Wells and Torpakai Harari, and adding Jody Nicholas, Teresa Whitehead, Devika Blasi, Teresa Ayoub, Elizabeth Henessy Kyle, Lara Gibbs, I Eva Diaz, Bonnie Steinhauer, Jeff Foudy, Tina Foudy, Linda Tillotson, John E. Page 9 of 136 settlement agreement.versionOVa Kenney, Yolanda Kenney, Betty Molnar, Keith Anderson and Ata Harari (on behalf of Torpakai Harari) as plaintiffs. A Third Amended Complaint was filed on December 26, 2006, which included the aforementioned Plaintiffs, and added Todd Breeding, Jeff Oldham, Jeanne Basco [sic], and Chrtistine Chryssovergis as plaintiffs and CMWD as a defendant. The Third Amended Complaint alleged causes of action for Inverse Condemnation, Dangerous Condition of Public Property, Breach of Mandatory Duty, Continuing Nuisance and Negligence. The Third Amended Complaint added allegations of continuing earth movement at La Costa de Marbella, and of continuing damage as a result of that continuing earth movement The City and CMWD have demurred to the Third Amended Complaint, and have moved to strike portions of the Third Amended Complaint. Said Demurrer and Motion to Strike are pending and have not been ruled on by the Court. 3. On or about January 26, 2006, the Whitehead Action, San Diego County Superior Court Case No. GIC860333, was filed. This lawsuit was consolidated with the Lindley Action on May 5, 2005, with the Lindley Action serving as the lead case. The parties, claims and causes of actions asserted in the Whitehead Action were incorporated into the HOA Action in the Second Amended Complaint filed on August 14, 2006. 4. On or about March 15, 2006, the Uldricks Action San Diego County Superior Court Case No. GIC862785, was filed. This lawsuit was consolidated with the Lindley Action on May 5, 2005, with the Lindley Action serving as the lead case. The parties, claims and causes of actions asserted in the Uldricks Action were incorporated into the HOA Action in the Second Amended Complaint filed on August 14, 2006. 5. On or about February 2, 2007, the City and CMWD filed a Cross- Complaint in the Lindley Action against the HOA, asserting causes of action for declaratory relief with respect to the right of full or partial indemnity, negligence, and declaratory relief. The HOA has demurred to the Cross- Complaint, and has moved to strike portions of the Cross-Complaint. The HOA's Demurrer and Motion to Strike are pending and have not been ruled on by the Court. K. In the above-described tort claims and lawsuits, the Settling Plaintiffs alleged damages including, without limitation, physical damage to buildings, Condominium Units, Common Area, driveways, roads, slopes, soils, pipes, drainage, landscaping, pool, concrete, retaining walls, and utilities; loss of use; diminution in value; past and future loss of member dues; personal property damages; emotional distress; personal injuries; credit score loss; financial loss; attorney's fees; engineering and investigative costs; and costs of suit. L. The HOA contends, and has represented to the Court in various proceedings, that it filed its action on behalf of itself and each of its members, and that it has authority to represent the interests of each of its members by virtue of Civil Code §§ 1368.3 et seq. On October 20, 2006, the Court denied the motion of the City and CMWD to join as parties to the litigation all homeowners at La Costa de Marbella. Page 10 of 136 settlement agreement.version07a The Court's denial was based, in part, upon the HOA's standing to assert the claims in this lawsuit on behalf of its members. M. In filing the HOA Action, the HOA alleged that the City had breached the terms of the Mediation Agreement and Abatement Agreement, and sought to have those agreements set aside. On or about July 22, 2005, the City and the HOA entered into the Reinstatement Agreement, which, among other things, reinstated the Abatement Agreement and the Mediation Agreement. N. On or about September 29, 2005 the HOA and the City entered into the Storm Drain Settlement Agreement, settling an unrelated lawsuit entitled La Costa de Marbella Homeowners' Association v. City of Carlsbad, San Diego County Superior Court Case No. QIC 822967. Under the terms of the Storm Drain Settlement Agreement, a final payment of $50,000 remains to be paid by the City to the HOA. O. The parties understand and agree that the execution of this Agreement constitutes a compromise of disputed claims involving legal and factual questions and is not to be construed as an admission of liability by any party. It is the desire and intention of the parties to effect a final settlement and resolution of all existing disputes and claims, regardless of their nature, including without limitation such disputes and claims arising out of the Landslide, the Lawsuits and other matters set forth in the Recitals, except as expressly provided herein. P. Settling Plaintiffs acknowledge that this is a global settlement, and that the City and CMWD would not agree to the settlement without Settling Plaintiffs obtaining the agreement from each of the homeowners at La Costa de Marbella, including each homeowner that is not a party to any of the Lawsuits referenced herein, to release the City and CMWD from any liability for all claims that they possess or may possess in connection with or arising out of the Landslide, Lawsuits and other matters set forth in the Recitals. HI. AGREEMENT NOW THEREFORE, for valuable consideration, the parties do hereby agree as follows: 1. SETTLEMENT BETWEEN THE CITY/CMWD AND THE DESTROYED UNIT OWNERS 1.1. On or before the later of (a) June 15, 2007 or (b) five business days after notice from Escrow that all conditions have been met for Close of Escrow other than the deposit of funds, the total sum of Six Million Nine Hundred Ninety Thousand Two Hundred Seventy-Nine Dollars ($6,990,279.00) shall be deposited into Escrow by or on behalf of the City and/or CMWD for the benefit of the Destroyed Unit Owners. This payment shall come from the following sources: 1.1.1. The sum of $6,055,279.00 shall be deposited into Escrow by the City/CMWD; and Page 11 of 136 settlement agrccment.versionOVa 1.1.2. The sum of $935,000.00 shall be deposited into Escrow by ISOP on behalf of the City and CMWD. 1.2.This payment of $6,990,279.00 (referred to herein as "Settlement Fund No. 1") constitutes compensation for all general and special damages sustained or alleged to be sustained by the Destroyed Unit Owners including, without limitation, the loss in fair market value of the Destroyed Units; prejudgment interest on the loss of fair market value of the Destroyed Units; emotional distress and/or personal injury suffered by the owners of the Destroyed Units; alternative living expenses incurred by the owners of the Destroyed Units; loss of use of the Destroyed Units; damage to credit scores suffered by the owners of the Destroyed Units; and attorney's fees and litigation costs incurred by the owners of the Destroyed Units. 1.3.Upon Close of Escrow, Escrow shall perform the following with respect to Settlement Fund No. 1: 1.3.1. Escrow shall pay the payoff amounts stated in each of the Lender Releases, as follows: 1.3.1.1. Escrow shall pay to Union Bank of California or its assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2405A La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; 1.3.1.2. Escrow shall pay to National City Bank or its assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2405A La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; and 1.3.1.3. Escrow shall pay to IAF Pension Investments, LP or its assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2405B La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; 1.3.1.4. Escrow shall pay to Thomas Ahn, the assignee of record of Emvest Mortgage Fund LLC, or his assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2405B La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; and 1.3.1.5. Escrow shall pay to Bank of America or its assigns, upon receipt of a full reconveyance in recordable form of its three (3) deeds of trust Page 12 of 136 settlement agree me nt.version07a secured by 2405C La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; and 1.3.1.6. Escrow shall pay to Mortgage Electronic Registration Systems, Inc. or its assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2405D La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; and 1.3.1.7. Escrow shall pay to Washington Mutual Bank or its assigns, upon receipt of a full reconveyance in recordable form of its three (3) deeds of trust secured by 2407A La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; and 1.3.1.8. Escrow shall pay to North Island Federal Credit Union or its assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2407B La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; 1.3.1.9. Escrow shall pay to National City Bank or its assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2407B La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; and 1.3.1.10. Escrow shall pay to Mortgage Electronic Registration Systems, Inc. or its assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2407C La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; 1.3.1.11. Escrow shall pay to Navy Federal Credit Union or its assigns, upon receipt of a full reconveyance in recordable form of its deed of trust secured by 2407C La Costa Avenue and receipt of an executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; and 1.3.1.12. Escrow shall pay to GMAC Mortgage Corporation or its assigns, upon receipt of a full reconveyance in recordable form of its two (2) deeds of trust secured by 2407D La Costa Avenue and receipt of an Page 13 of 136 settlement agreement.version07a executed Lender's Release in the form attached hereto as Attachment B, the sum stated in the Lender's Release to satisfy its lien secured by the property; and 1.3.2. Escrow shall wire transfer the total sum of $3,600,000.00 to the client trust account of Schroeder 6s Associates for the benefit of Laurie Lindley, Audrey Watson as guardian of the estate of C. Sherman Severin, Robert M. Strong, Troy Kinto, Jeffrey Wilson, Eric Shippen, Michael A. Robinson and Denise Austin Robinson; 1.3.3. Escrow shall wire transfer the total sum of $1,200,000.00 to the client trust account of the Law Offices of Patrick E. Catalano for the benefit of Robert A. Whitehead, Theresa M. Whitehead, and Marion M. Uldricks; and 1.3.4. After paying all sums required to satisfy Sections 1.3.1 (including subsections 1 through 12), 1.3.2 and 1.3.3, Escrow shall wire transfer all remaining funds from Settlement Fund No. 1 to the HOA. 1.4.The Destroyed Unit Owners agree to perform the following: 1.4.1. Robert A. Whitehead, Jr. and Theresa M. Whitehead shall: 1.4.1.1. Execute and deposit into Escrow a quitclaim deed in recordable form which quitclaims to the HOA all of their right, title and interest in their Condominium Unit at 2405A La Costa Avenue; 1.4.1.2. Obtain and cause to be deposited into Escrow full reconveyances in recordable form of the following liens secured by their Condominium Unit at 2405A La Costa Avenue: 1.4.1.2.1. The deed of trust dated June 1, 2004 in favor of Union Bank of California, N.A., recorded on June 8, 2004 as Document No. 2004-0534399; and 1.4.1.2.2. The deed of trust dated May 28, 2004 in favor of National City Bank, recorded on June 8, 2004 as Document No. 2004- 0534400. 1.4.1.3. Obtain and cause to be deposited into Escrow signed Lender Releases from Union Bank of California and National City Bank or their successors and assigns, in favor of the City, CMWD, ISOP and the HOA in the form attached to this Agreement as Attachment B. 1.4.2. Marion M. Uldricks shall: 1.4.2.1. Execute and deposit into Escrow a quitclaim deed in recordable form which quitclaims to the HOA all of her right, title and interest in the condominium unit at 2405B La Costa Avenue; Page 14 of 136 tndcmcnt «greement.»tr«ionO7» 1.4.2.2. Obtain and cause to be deposited into Escrow full reconveyances in recordable form of the following liens secured by the Condominium Unit at 2405B La Costa Avenue 1.4.2.2.1. The deed of trust dated June 24, 2003 in favor of IAF Pension Investments, LP, recorded on July 2, 2003 as Document No. 2003-0791107; and 1.4.2.2.2. The deed of trust dated February 18, 2004 in favor of Emvest Mortgage Fund, LLC, recorded on March 2, 2004 as Document No. 2004-0169659, the beneficial interest of which was assigned to Thomas Ann per assignment recorded on March 12, 2004 as Document No. 2004-0207612. 1.4.2.3. Obtain and cause to be deposited into Escrow signed Lender Releases from IAF Pension Investments, LP, and Emvest Mortgage Fund LLC or their successors and assigns, in favor of the City, CMWD, ISOP and the HOA in the form attached to this Agreement as Attachment B. 1.4.3. Laurie Lindley shall: 1.4.3.1. Execute and deposit into Escrow a quitclaim deed in recordable form which quitclaims to the HOA all of her right, title and interest in the condominium unit at 2405C La Costa Avenue; 1.4.3.2. Obtain and cause to be deposited into Escrow full reconveyances in recordable form of the following liens secured by the Condominium Unit at 2405C La Costa Avenue: 1.4.3.2.1. The deed of trust dated July 1, 2003 in favor of Bank of America, N.A., recorded on July 9, 2003 as Document No. 2003- 0816617; 1.4.3.2.2. The deed of trust dated July 1, 2003 in favor of Bank of America, N.A., recorded on July 9, 2003 as Document No. 2003- 0816618; and 1.4.3.2.3. The deed of trust dated January 31, 2005 in favor of Bank of America, N.A., recorded on March 10, 2006 as Document No. 2006-0198902. 1.4.3.3. Obtain and cause to be deposited into Escrow signed Lender Releases from Bank of America or its successors and assigns, in favor of the City, CMWD, ISOP and the HOA in the form attached to this Agreement as Attachment B. 1.4.4. Audrey Watson, as guardian of the estate of C. Sherman Severin, shall: Page 15 of 136 1.4.4.1. Execute and deposit into Escrow a quitclaim deed in recordable form which quitclaims to the HOA all of C. Sherman Severin's right, title and interest in the condominium unit at 2405D La Costa Avenue; 1.4.4.2. Obtain and cause to be deposited into Escrow a full reconveyance in recordable form of the following lien secured by the Condominium Unit at 2405D La Costa Avenue: 1.4.4.2.1. The deed of trust dated August 26, 2004 in favor of Mortgage Electronic Registration Systems, Inc., recorded on August 31, 2004 as Document No. 2004-0831296. 1.4.4.3. Obtain and cause to be deposited into Escrow signed Lender Releases from Mortgage Electronic Registration Systems, Inc. or its successors and assigns, in favor of the City, CMWD, ISOP and the HOA in the form attached to this Agreement as Attachment B; and 1.4.4.4. Obtain and deposit into Escrow a certified copy of an order from the probate court in the State of Washington overseeing the affairs of C. Sherman Severin approving this settlement. 1.4.5. Robert M. Strong shall: 1.4.5.1. Execute and deposit into Escrow a quitclaim deed in recordable form which quitclaims to the HOA all of his right, title and interest in the condominium unit at 2407A La Costa Avenue; 1.4.5.2. Obtain and cause to be deposited into Escrow full reconveyances in recordable form of the following liens secured by the Condominium Unit at 2407A La Costa Avenue 1.4.5.2.1. The deed of trust dated March 3, 2001 in favor of Washington Mutual Bank, FA, recorded on March 8, 2001 as Document No. 2001-0132756; 1.4.5.2.2. The deed of trust dated October 2, 2002 in favor of Washington Mutual Bank, FA, recorded on October 8, 2002 as Document No. 2002-0868778; and 1.4.5.2.3. The deed of trust dated October 24, 2003 in favor of Washington Mutual Bank, FA, recorded on October 30, 2003 as Document No. 2003-1317877. 1.4.5.3. Obtain and cause to be deposited into Escrow signed Lender Releases from Washington Mutual Bank or its successors and assigns, in favor of the City, CMWD, ISOP and the HOA in the form attached to this Agreement as Attachment B. 1.4.6. Troy Kinto and Jeffrey Wilson shall: .Page 16 of 136 settlement agreement.version07a 1.4.6.1. Execute and deposit into Escrow a quitclaim deed in recordable form which quitclaims to the HOA all of their right, title and interest in their condominium unit, 2407B La Costa Avenue; 1.4.6.2. Obtain and cause to be deposited into Escrow full reconveyances in recordable form of the following liens secured by the Condominium Unit at 2407B La Costa Avenue: 1.4.6.2.1. The deed of trust dated April 6, 2004 in favor of North Island Federal Credit Union, recorded April 13, 2004 as Document No. 2004-0316501; and 1.4.6.2.2. The deed of trust dated April 5, 2004 in favor of National City Bank; recorded on April 13, 2004 as Document No. 2004- 0316502. 1.4.6.3. Obtain and cause to be deposited into Escrow signed Lender Releases from North Island Federal Credit Union and National City Bank or their successors and assigns, in favor of the City, CMWD, I SOP and the HOA in the form attached to this Agreement as Attachment B. 1.4.7. Eric Shippen shall: 1.4.7.1. Execute and deposit into Escrow a quitclaim deed in recordable form which quitclaims to the HOA all of his right, title and interest in the Condominium Unit at 2407C La Costa Avenue; 1.4.7.2. Obtain and cause to be deposited into Escrow full reconveyances in recordable form of the following liens secured by the Condominium Unit at 2407C La Costa Avenue: 1.4.7.2.1. The deed of trust dated June 18, 2003 in favor of Mortgage Electronic Registration Systems, Inc., recorded on July 1, 2003 as Document No. 2003-0784597; and 1.4.7.2.2. The deed of trust dated November 16, 2001 in favor of Navy Federal Credit Union, recorded on July 2, 2003 as Document No. 2003-0788604. 1.4.7.3. Obtain and cause to be deposited into Escrow signed Lender Releases from Mortgage Electronic Registration Systems, Inc., and Navy Federal Credit Union or their successors and assigns, in favor of the City, CMWD, ISOP and the HOA in the form attached to this Agreement as Attachment B. 1.4.8. Michael A. Robinson and Denise A. Robinson shall: 1.4.8.1. Execute and deposit into Escrow a quitclaim deed in recordable form which quitclaims to the HOA all of their right, title and interest in their Condominium Unit at 2407D La Costa Avenue; Page 17 of 136 settlement agreement.versionOTa 1.4.8.2. Obtain and cause to be deposited into Escrow a full reconveyance in recordable form of the following liens secured by the Condominium Unit at 2407D La Costa Avenue: 1.4.8.2.1. The deed of trust dated June 2, 2004 in favor of GMAC Mortgage Corporation, recorded on July 19, 2004 as Document No. 2004-0670590; and 1.4.8.2.2. The deed of trust dated December 29, 2004 in favor of GMAC Mortgage Corporation, recorded on January 5, 2005 as Document No. 2005-0009019. 1.4.8.3. Obtain and cause to be deposited into Escrow signed Lender Releases from GMAC Mortgage Corporation or its successors and assigns, in favor of the City, CMWD, ISOP and the HOA in the form attached to this Agreement as Attachment B. 2. SETTLEMENT BETWEEN THE CITY/CMWD AND THE HOA/INDIVIDUAL PLAINTIFFS 2.1. On or before the later of (a) June 15, 2007 or (b) five business days after notice from Escrow that all conditions have been met for Close of Escrow other than the deposit of funds, the total sum of Five Million Five Hundred Nine Thousand Seven Hundred Twenty One Dollars ($5,509,721.00) shall be deposited into Escrow by or on behalf of the City and CMWD for the benefit of the HOA, its members, and the Individual Plaintiffs. (This payment of $5,509,721.00 plus the payment of $50,000.00 pursuant to Section 2.3.1 is referred to herein as "Settlement Fund No. 2.") This payment shall come from the following sources: 2.1.1. The sum of $5,179,721.00 shall be deposited into Escrow by the City/CMWD; and 2.1.2. The sum of $330,000.00 shall be deposited into Escrow by ISOP on behalf of the City and CMWD. 2.2.This total payment of $5,509,721.00 constitutes compensation for all general and special damages sustained or alleged to be sustained by the HOA, owners of Condominium Units other than the Destroyed Unit Owners, and the Individual Plaintiffs, including, without limitation, damage to buildings adjacent to the Landslide (2403A-C and 2409A-D); damage to remaining buildings other than the buildings adjacent to the Landslide and the Destroyed Units; damage to other Common Area land and improvements including without limitation roadways, driveways, slopes, irrigation systems, drainage systems, landscaping, pool, concrete, retaining walls, soils, pipes, and utilities; the diminution in value of the condominium project including all Condominium Units other than the Destroyed Units; emotional distress and/or personal injury suffered by the Individual Plaintiffs; emotional distress and/or personal injury suffered by owners of the Condominium Units that are not plaintiffs in any of the Lawsuits; unpaid association dues from the date of the Landslide to the date of this Agreement; future loss of association dues; and Page 18 of 136 settlement agreement.vcrsion07a reasonable attorney's fees and costs incurred by the HOA and Individual Plaintiffs in pursuing their inverse condemnation claims. 2.3.The following shall occur with respect to the Storm Drain Settlement Agreement: 2.3.1. On or before the later of (a) June 15, 2007 or (b) five business days after notice from Escrow that all conditions have been met for Close of Escrow other than the deposit of funds, the City shall deposit into Escrow the remaining payment of Fifty Thousand Dollars ($50,000.00) due to the HOA under the terms of the Storm Drain Settlement Agreement. 2.3.2. The HOA shall deposit into Escrow an executed request for dismissal on the appropriate court form, dismissing with prejudice the lawsuit entitled La Costa de Marbella Homeowners' Association v. City of Carlsbad, San Diego County Superior Court Case No, QIC 822967. 2.4.On or before the later of (a) June 15, 2007 or (b) five business days after notice from Escrow that all conditions have been met for Close of Escrow other than the deposit of funds, the HOA shall deposit into Escrow the sum of Fifty Thousand Dollars ($50,000.00) in settlement of the Cross-Complaint filed by the City and CMWD against the HOA in the Lindley Action. 2.5.The City hereby waives any credit or recovery against the HOA to which the City may be entitled under the terms of the Mediation Agreement, Abatement Agreement, Reinstatement Agreement, and/or Storm Drain Settlement Agreement. 2.6.The HOA shall cause to be deposited into Escrow the following: 2.6.1. An Attorney Lien Release in the form attached hereto as Attachment C, signed by William H. Naumann of the law firm of Naumann, Levine and Sildorf; and 2.6.2. An Attorney Lien Release in the form attached hereto as Attachment D, signed by Thomas V. Girardi of the law firm of Girardi & Keese. 2.7.Upon Close of Escrow, Escrow shall perform the following with respect to Settlement Fund No. 2: 2.7.1. Escrow shall pay the sum of $2,200,000.00 in full compensation for all attorney's fees and costs incurred on behalf of the HOA and the Individual Plaintiffs (other than the Destroyed Unit Owners), as follows: 2.7.1.1. Escrow shall pay the lien for attorney's fees and costs asserted by William H. Naumann of the law firm of Naumann, Levine & Silldorf, LLP, the former attorney for the HOA, which amount shall be agreed upon between the HOA and William H. Naumann and stated in the executed Attorney Lien Release (Attachment C) deposited into Escrow; Page 19 of 136 settlement agrcemenl.version07a 2.7.1.2. Escrow shall pay the lien for attorney's fees and costs asserted by Thomas V. Girardi of the law firm of Girardi & Keese, the former attorney for the HOA, which amount shall be agreed upon between the HOA and Thomas V. Girardi and stated in the executed Attorney Lien Release (Attachment D) deposited into Escrow; and 2.7.1.3. Escrow shall wire transfer the balance to the Law Offices of Patrick E. Catalano in payment for his attorney's fees and costs. 2.7.2. Escrow shall pay the total sum of $1,000,000.00 to the record owners of the Condominium Units other than the Destroyed Unit Owners, as follows: 2.7.2.1. The sum of $20,000.00 shall be paid to Richard A. Jaramillo, the record owner of the condominium unit located at 2401A La Costa Avenue; 2.7.2.2. The sum of $20,000.00 shall be paid to Joseph Gorak, Trustee of the Joseph Gorak Trust DTD 10/7/2003, the record owner of the condominium unit located at 240 IB La Costa Avenue; 2.7.2.3. The sum of $20,000.00 shall be paid to Dan Kyle and Elizabeth Kyle, the record owners of the condominium unit located at 2401C La Costa Avenue; 2.7.2.4. The sum of $20,000.00 shall be paid to Sarah Slagter, Robert Slagter and Ria Slagter the record owners of the condominium unit located at 240 ID La Costa Avenue; 2.7.2.5. The sum of $20,000.00 shall be paid to Jason R. Lewis, the record owner of the condominium unit located at 2403A La Costa Avenue; 2.7.2.6. The sum of $20,000.00 shall be paid to Steven Fiedler and Amanda Quintenz-Fiedler, the record owners of the condominium unit located at 2403B La Costa Avenue; 2.7.2.7. The sum of $20,000.00 shall be paid to William T. Lewis As Trustee, Or Any Successor Trustees, Under The William T. & Jenell Lewis Family Decedent's Trust, DTD 1/27/1981, the record owner of the condominium unit located at 2403C La Costa Avenue; 2.7.2.8. The sum of $20,000.00 shall be paid to Clifford Weston Blasi and Devika Blasi, the record owners of the condominium unit located at 2409A La Costa Avenue; 2.7.2.9. The sum of $20,000.00 shall be paid to Michael Gibbs and Lara Gibbs, the record owners of the condominium unit located at 2409B La Costa Avenue; 2.7.2.10. The sum of $20,000.00 shall be paid to Maureen P. Tracy, Trustee Of That Certain Declaration Of Trust Dated May 20, 1987, the record owner of the condominium unit located at 2409C La Costa Avenue; JS.Page 20 of 136 settlement agreement.version07a 2.7.2.11. The sum of $20,000.00 shall be paid to M. Lawrence Kopp And Elyse T. Coleman, the record owners of the condominium unit located at 2409D La Costa Avenue; 2.7.2.12. The sum of $20,000.00 shall be paid to Sabihe Seyed-Tavakoli, the record owner of the condominium unit located at 2411A La Costa Avenue; 2.7.2.13. The sum of $20,000.00 shall be paid to Linda P. Tillotson, the record owner of the condominium unit located at 241 IB La Costa Avenue; 2.7.2.14. The sum of $20,000.00 shall be paid to Kristina Marie Pfeifer, the record owner of the condominium unit located at 2411C La Costa Avenue; 2.7.2.15. The sum of $20,000.00 shall be paid to Ryan H. Mouritzen and Stephen A. Neville, the record owners of the condominium unit located at 2413A La Costa Avenue; 2.7.2.16. The sum of $20,000.00 shall be paid to Robert C. Diplock, the record owner of the condominium unit located at 2413B La Costa Avenue; 2.7.2.17. The sum of $20,000.00 shall be paid to Kathryn M. Bannister and Cindy K. Broderdorf, the record owner of the condominium unit located at 2413C La Costa Avenue; 2.7.2.18. The sum of $20,000.00 shall be paid to Ebrahim Hosseini and Fariba Hosseini, the record owners of the condominium unit located at 2415ALa Costa Avenue; 2.7.2.19. The sum of $20,000.00 shall be paid to Sherri E. Behar, the record owner of the condominium unit located at 2415B La Costa Avenue; 2.7.2.20. The sum of $20,000.00 shall be paid to Betty Flenniken (aka Betty Molnar), the record owner of the condominium unit located at 2415C La Costa Avenue; 2.7.2.21. The sum of $20,000.00 shall be paid to Diana Gavin Harnack, the record owner of the condominium unit located at 2415D La Costa Avenue; 2.7.2.22. The sum of $20,000.00 shall be paid to Navada M. Maize Bennett, the record owner of the condominium unit located at 2415E La Costa Avenue; 2.7.2.23. The sum of $20,000.00 shall be paid to Todd L. Breeding, the record owner of the condominium unit located at 2415F La Costa Avenue; Page 21 of 136 settlement agreement.version07a 2.7.2.24. The sum of $20,000.00 shall be paid to John E. Kenney and Yolanda P. Kenney, the record owners of the condominium unit located at 2419A La Costa Avenue; 2.7.2.25. The sum of $20,000.00 shall be paid to WIR Holdings, L.L.C., the record owner of the condominium unit located at 2419B La Costa Avenue; 2.7.2.26. The sum of $20,000.00 shall be paid to Teri L. Arenz, the record owner of the condominium unit located at 2421A La Costa Avenue; 2.7.2.27. The sum of $20,000.00 shall be paid to Michele P. Cain Family Trust, Michele P. Cain As Trustee, Under Declaration Of Trust DTD 8/10/2006, the record owner of the condominium unit located at 242 IB La Costa Avenue; 2.7.2.28. The sum of $20,000.00 shall be paid to Lee I. Jurewitz, the record owner of the condominium unit located at 2421C La Costa Avenue; 2.7.2.29. The sum of $20,000.00 shall be paid to Andrew Jackson Peach And Christopher D. Peach, the record owner of the condominium unit located at 2423A La Costa Avenue; 2.7.2.30. The sum of $20,000.00 shall be paid to Tania Nicholas and Jody Nicholas, the record owners of the condominium unit located at 2423B La Costa Avenue; 2.7.2.31. The sum of $20,000.00 shall be paid to Buford Graham Wells, the record owner of the condominium unit located at 242 5A La Costa Avenue; 2.7.2.32. The sum of $20,000.00 shall be paid to Savo Ukropina and Frances Ukropina, the record owners of the condominium unit located at 2425B La Costa Avenue; 2.7.2.33. The sum of $20,000.00 shall be paid to Ruth Rene Oldham and Jeffrey Albert Oldham, the record owners of the condominium unit located at 2425C La Costa Avenue; 2.7.2.34. The sum of $20,000.00 shall be paid to Philip Edward Huddy and Sheila Elizabeth Lyle Huddy, the record owners of the condominium unit located at 2425D La Costa Avenue; 2.7.2.35. The sum of $20,000.00 shall be paid to April Parks, the record owner of the condominium unit located at 2425E La Costa Avenue; 2.7.2.36. The sum of $20,000.00 shall be paid to Torpakai Harari, the record owner of the condominium unit located at 2425F La Costa Avenue; Page 22 of 136 settlement agreement.versionOVa 2.7.2.37. The sum of $20,000.00 shall be paid to Sharon F. Keith, Or Her Successor(S), As Trustee Of The Sharon F. Keith Trust DTD 8/29/ 1988, the record owner of the condominium unit located at 2427A La Costa Avenue; 2.7.2.38. The sum of $20,000.00 shall be paid to Virginia L. Walters, the record owner of the condominium unit located at 2427B La Costa Avenue; 2.7.2.39. The sum of $20,000.00 shall be paid to Michael R. Heyer and Cheryll A. F. Heyer, the record owners of the condominium unit located at 2429A La Costa Avenue; 2.7.2.40. The sum of $20,000.00 shall be paid to Christine K. Chryssovergis, Trustee Or Her Successors In Trust, Under The Christine K. Chryssovergis Revocable Trust DTD 4/4/2006. the record owner of the condominium unit located at 2429B La Costa Avenue; 2.7.2.41. The sum of $20,000.00 shall be paid to Joseph Bosco, Jr. and Jeanne R. Bosco, Trustees Of The Bosco Family Trust, Initially Created 6/11/1998, the record owners of the condominium unit located at 2431A La Costa Avenue; 2.7.2.42. The sum of $20,000.00 shall be paid to Susan Shojaee, the record owner of the condominium unit located at 243 IB La Costa Avenue; 2.7.2.43. The sum of $20,000.00 shall be paid to Bonnie M. Iliff-Steinhauer, the record owner of the condominium unit located at 2431C La Costa Avenue; 2.7.2.44. The sum of $20,000.00 shall be paid to Eva Diaz, the record owner of the condominium unit located at 243 ID La Costa Avenue; 2.7.2.45. The sum of $20,000.00 shall be paid to Jeff Foudy and Tina Foudy, the record owners of the condominium unit located at 243 IE La Costa Avenue; 2.7.2.46. The sum of $20,000.00 shall be paid to Joseph Bosco, Jr. and Jeanne R. Bosco, Trustees Of The Bosco Family Trust, Initially Created 6/11/1998, the record owners of the condominium unit located at 243 IF La Costa Avenue; 2.7.2.47. The sum of $20,000.00 shall be paid to Matta Ayoub and Teresa Cecilia Ayoub, the record owners of the condominium unit located at 2433A La Costa Avenue; 2.7.2.48. The sum of $20,000.00 shall be paid to John J. Brown and Jean R. Brown, Trustees Of Brown Trust dated 11/8/1990, the record owners of the condominium unit located at 2433B La Costa Avenue; Page 23 of 136 settlement agree men t.vcrsion07a 2.7.2.49. The sum of $20,000.00 shall be paid to Keith J. Anderson, the record owner of the condominium unit located at 2433C La Costa Avenue; and 2.7.2.50. The sum of $20,000.00 shall be paid to Joseph Bosco, Jr. and Jeanne R. Bosco, Trustees of the Bosco Family Trust, Initially Created 6/11/1998, the record owners of the condominium unit located at 2433D La Costa Avenue. 2.7.3. Escrow shall pay the sum of $2,382,130.00 to Dixieline Builders Fund Control, Inc., who shall act as the fund control officer for payment for the completion of the Required Repairs, by Dixieline's Fund Control Agreement substantially conforming to the form agreement attached hereto as Exhibit "G". By agreement signed by counsel for the HOA and counsel for the City and deposited into Escrow, the parties may substitute another qualified third-party fund control officer in the place of Dixieline Builders Fund Control, Inc. It is the intent of the parties that the fund control officer shall hold the funds in an interest bearing account, with interest thereon to benefit the HOA. 2.7.3.1. The amount paid to fund control is intended to fund the following portions of the April 11, 2007 Budget to Repair Estimate contained in Exhibit "A": 2.7.3.1.1. Section A, subsection 1.0 - Building Repairs: $190,534.00; 2.7.3.1.2. Section B - Geotechnical Issues: $1,961,753.00; 2.7.3.1.3. Geotechnical Engineering Fees: $156,940.00; 2.7.3.1.4. Permits and Plan Check: $12,468.00; and 2.7.3.1.5. Relocation: $60,435.00. 2.7.3.2. From the funds paid pursuant to this Section 2.7.3, the fund control officer shall pay invoices submitted by the HOA for costs of performing the Required Repairs, provided each invoice is certified in writing by the HOA, its contractor and its engineer of record that: 2.7.3.2.1. The charges in the invoice were actually incurred for making the Required Repairs; 2.7.3.2.2. The services, work and/or materials reflected in the invoice have been performed or delivered; and 2.7.3.2.3. The fund control officer receives an appropriate lien release for the services, work and/or materials reflected in the invoice. 2.7.3.3. The fund control officer shall make final distribution upon: Page 24 of 136 settlement agreement.version07a 2.7.3.3.1. Obtaining final unconditional lien releases from all contractors, subcontractors, design professionals, and materialmen that performed work on or provided materials for the Required Repairs; and 2.7.3.3.2. Obtaining a written certification by the HOA, its contractor and its engineer of record that the Required Repairs are complete; and 2.7.3.3.3. Obtaining a copy of the City's final inspection approval for the Required Repairs. 2.7.3 A. Upon completion of all of the items stated in Section 2.7.3.2, the fund control officer shall pay any remaining funds to the HOA after deducting its fees and shall provide an accounting. 2.7.4. After paying all sums required to satisfy Sections 2.7.1 and 2.7.2, and transferring to the fund control officer the amount stated in Section 2.7.3, Escrow shall wire transfer all remaining funds from Settlement Fund No. 2 to the HOA. 2.8.It is anticipated by the HOA and its counsel that the total amount paid to the Lenders pursuant to subsections 1 through 12 of Section 1.3.1 will total $1,900,000 or less. In the event that the total amount paid to the Lenders exceeds $1,900,000, the following provisions shall apply: 2.8.1. The HOA and its counsel shall negotiate a new allocation of funds payable to the HOA and its counsel; 2.8.1.1. The new allocation shall not alter the total consideration to be paid by or on behalf of the City, CMWD or I SOP; 2.8.1.2. The new allocation shall not alter the amounts paid to the Destroyed Unit Owners pursuant to Sections 1.3.2 and 1.3.3; 2.8.1.3. The new allocation shall not change the amounts paid to the record owners of the Condominium Units (other than the Destroyed Unit Owners) pursuant to Section 2.7.2; and 2.8.1.4. The new allocation shall not change the amount paid into the fund control pursuant to Section 2.7.3. 2.8.2. Upon agreement of the HOA and its counsel to a new allocation as provided in this Section 2.8, a written instruction signed by (a) the president of the HOA and (b) the HOA's counsel, Patrick E. Catalano, shall be deposited into Escrow, instructing Escrow as to the revised distribution of funds to be made pursuant to Sections 1.3.4, 2.7.1 and 2.7.4. Escrow shall not require the approval of any other Party for this instruction. Page 25 of 136 settlement agreement.versionQTa 3. DISMISSAL OF LAWSUITS. 3. l.The Parties shall execute and deposit into Escrow requests for dismissal on the appropriate court forms, requesting the dismissal with prejudice of each of the following lawsuits as to all parties and all causes of action: 3.1.1. The Lindley Action, San Diego Superior Court Case No. GIC849880, including the Cross-Complaint filed by the City and CMWD; 3.1.2. The HOA Action, San Diego Superior Court Case No. GIC850408; 3.1.3. The Whitehead Action, San Diego Superior Court Case No. GIC860333; and 3.1.4. The Uldricks Action, San Diego Superior Court Case No. GIC862785. 3.2.Upon Close of Escrow, Escrow shall disburse the requests for dismissal to the City. Upon receipt of the requests for dismissal, the City shall file the original requests for dismissal with the Court, and promptly give notice to the attorneys for each party of the Court's entry of the dismissals. 4. RELEASES OF CLAIMS BY NON-PARTY OWNERS. Settling Plaintiffs shall cause to be deposited into Escrow a Release of Claims by Non-Plaintiff Homeowners in the form attached hereto as Attachment E from each of the following persons, releasing the City, CMWD, ISOP and the HOA from any liability for all claims they possess or may possess for the matters stated in the Recitals and associated lawsuits: Richard A. Jaramillo Sarah Slagter, Robert Slagter and Ria Slagter Amanda Quintenz-Fiedler (co-owner with Plaintiff Steven Fiedler) William T. Lewis, Trustee Maureen P. Tracy, Trustee Elyse T. Coleman (co-owner with Plaintiff M. Lawrence Kopp) Kristina Marie Pfeifer Ebrahim Hosseini and Fariba Hosseini Diana Gavin Harnack Navada M. Maize Bennett WIR Holdings, L.L.C. Lee I. Jurewitz and Ross Jurewitz Andrew Jackson Peach and Christopher D. Peach Savo Ukropina and Frances Ukropina 4.1. 4.2. 4.3. 4.4. 4.5. 4.6. 4.7. 4.8. 4.9. 4.10. 4.11. 4.12. 4.13. >H4. 2401A 2401D 2403B 2403C 2409C 2409D 2411C 24 ISA 2415D 2415E 2419B 2421C 2423A 2425B Page 26 of 136 settlement agreement.version07a 4.15. 2425C Ruth Rene Oldham (co-owner with Plaintiff Jeffrey Albert Oldham) 4.16. 2425D Philip Edward Huddy and Sheila Elizabeth Lyle Huddy 4.17. 2429A Michael R. Heyer and Cheryll A. F. Heyer 4.18. 2431A Joseph Bosco, Jr. (co-trustee with Plaintiff Jeanne R. Bosco) 243 IF 2433D 4.19. 2431B Susan Shojaee 4.20. 2433B John J. Brown and Jean R. Brown, Trustees 5. RELEASE OF CLAIMS BY HOA 5.1. In consideration of the settlement of the above litigation and in consideration of the covenants, promises, terms, and conditions herein, the HOA, on behalf of itself and its successors and assigns, and on behalf of each of the HOA's members (hereinafter collectively referred to in this Section 5 as "Releasors"), fully releases and forever discharges the City, CMWD, I SOP and the plaintiffs in the Lindley Action, and their former and present council members, directors, managers, employees, insurance companies and claims administrators for such insurance companies, successors, predecessors, assigns, affiliates, attorneys, and agents, past and present, and each of them (hereinafter collectively referred to in this Section 5 as "Releasees"), of and from any and all claims, actions, causes of action, demands, rights, damages, losses, costs, attorneys' fees, loss of profits, diminished value, expenses, and compensation whatsoever, which the Releasors now have or which may hereafter accrue, on account of any and all known and unknown and foreseen and unforeseen acts, omissions, conditions, occurrences, incidents, accidents and matters regardless of their nature, including without limitation such acts, omissions, conditions, occurrences, incidents, accidents and matters pertaining to the Landslide, the matters referred to in the Recitals, the Required Repairs, and the Lawsuits, except as expressly provided in this Agreement. Nothing in this Section or in this Agreement shall be construed as a release by the Releasors of any of its rights against State Farm Insurance Company. 5.2.Releasors acknowledge that there is a risk that subsequent to the execution of this Agreement, it may discover, incur or suffer claims or damages which were unknown or unanticipated at the time this Agreement is executed, including, without limitation, unknown or unanticipated claims or damages which arise from, are based upon, or are related to the Landslide, the matters referred to in the Recitals, or the Lawsuits, or some part or aspect thereof, which if known by Releasors on the date of this Agreement being executed, may have materially affected the Releasors' decision to execute this Agreement. Releasors expressly assume the risk of such unknown and unanticipated claims or damages and agree that this Agreement applies to all such unknown claims or damages. 5.3.Each of the Releasors acknowledges that it is familiar with Section 1542 of the California Civil Code, which provides as follows: Page 27 of 136 settlement agreement.versionOTa HOA Ihitials A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. Releasors hereby waive and relinquish all rights and benefits which it has or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that each may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. 5.4.This Release does not apply to release the Releasees from liability based on theories of equitable indemnification or contribution for the claims asserted by Pacific Bell Telephone Company or its affiliates or assigns with respect to the lawsuit entitled Pacific Bell Telephone Company v. City of Carlsbad, Carlsbad Municipal Water District, La Costa de Marbella Homeowners Association, et al. filed on or about October 17, 2006 as San Diego County Superior Court Case No. GIC874412, which action has been transferred to the North County Division of the San Diego County Superior Court and has been assigned the case number 37-2007-00051729-CU-PO-NC. The HOA, City and CMWD specifically reserve the right to file cross-complaints against each other for equitable indemnity and contribution with respect to the claims asserted by Pacific Bell Telephone Company or its affiliates or assigns. 5.5.There are eleven (11) monitoring wells for piezometers and inclinometers installed by geotechnical and other consultants for the City and CMWD at La Costa de Marbella pursuant to permits issued by the County of San Diego to GeoLogic Associates, Inc. and MCE Consultants, Inc. 5.5.1. With respect to the permits associated with those monitoring wells, the City has agreed as follows: "In the event that either the registered professional and/or the licensed drilling company should fail in their responsibilities as defined in San Diego County Code, Section 67.424, relative to any monitoring well installed that is covered by the attached Property Owner Responsibility Acknowledgement form, the City of Carlsbad will take the necessary actions to repair, reconstruct or destroy the monitoring well so it meets the standards." , 5.5.2. The City and/or its consultants will take all steps necessary to close the eleven (11) monitoring wells, and will obtain all necessary permits from the County of San Diego or other regulating agency. The HOA agrees that the City and/or its consultants may enter the La Costa de Marbella property for the purposes of formally closing and abandoning such monitoring wells. 5.5.3. Upon certification that the eleven (11) monitoring wells installed by or on behalf of the City have been properly closed and abandoned, the City's responsibility for such monitoring wells shall cease, and this Release shall thereafter apply to release the Releasees and their consultants of and from any further liability with respect to the eleven (11) monitoring wells. Page 28 of 136 settlement agreement.vcrsion07a 5.5.4. The parties acknowledge that monitoring wells may exist at La Costa de Marbella in addition to the eleven (11) monitoring wells referred to in this Section. Releasees represent that such additional wells were not installed by Releasees, and the parties agree that Releasees are not responsible for such additional monitoring wells. 6. RELEASE OF CLAIMS BY DESTROYED UNIT OWNERS AND INDIVIDUAL PLAINTIFFS 6.1 .In consideration of the settlement of the above litigation and in consideration of the covenants, promises, terms, and conditions herein, each of the Destroyed Unit Owners and each of the Individual Plaintiffs, on behalf of themselves and their spouses, family members, successors, and assigns (herein collectively referred to in this Section 6.1 as the "Releasors") fully releases and forever discharges the City, CMWD and I SOP, and their former and present council members, directors, board members, managers, employees, insurance companies and claims administrators for such insurance companies, successors, predecessors, assigns, affiliates, attorneys, officers, and agents, past and present, and each of them, of and from any and all claims, actions, causes of action, demands, rights, damages, losses, costs, attorneys' fees, loss of profits, diminished value, expenses, and compensation whatsoever, which the Releasors now have or which may hereafter accrue, on account of any and all known and unknown and foreseen and unforeseen acts, omissions, conditions, occurrences, incidents, accidents and matters regardless of their nature, including without limitation such acts, omissions, conditions, occurrences, incidents, accidents and matters pertaining to the Landslide, the matters referred to in the Recitals, the Required Repairs, and the Lawsuits, except as expressly provided in this Agreement. Nothing in this Section or in this Agreement shall be construed as a release by the HOA or any homeowner of any of its rights against State Farm Insurance Company. 6.2.In consideration of the settlement of the above litigation and in consideration of the covenants, promises, terms, and conditions herein, each of the Individual Plaintiffs, on behalf of themselves and their spouses, family members, successors, and assigns (herein collectively referred to in this Section 6.2 as the "Releasors") fully releases and forever discharges the HOA, and its assigns, affiliates, directors, officers, managers, attorneys, insurance companies, and agents, past and present, and each of them, of and from any and all claims, actions, causes of action, demands, rights, damages, losses, costs, attorneys' fees, loss of profits, diminished value, expenses, and compensation whatsoever, which the Releasors now have or which may hereafter accrue, on account of any and all known and unknown and foreseen and unforeseen acts, omissions, conditions, occurrences, incidents, accidents and matters pertaining to the Landslide, the matters referred to in the Recitals, the Required Repairs, and the Lawsuits, except as expressly provided in this Agreement, and further including, without limitation, any and all claims arising from, based on, or related to (a) any alleged failures by HOA and/or its Related Parties of maintenance of any portion of La Costa de Marbella, including both common areas and separate interest (units), which failures are alleged to have occurred at any time prior to the execution of this Release, (b) water intrusion (as to PEC/jAL Page 29 of 136 yZTTTSvA settlement agreement.version07a which released claims include any and all damages alleged to be due to mold) alleged to have occurred or commenced at any time prior to the execution of this Release, (c) alleged improper assessments and/or collection activity, which occurred at any time prior to the execution of this Release, (d) alleged improper action by the Board in connection with repairs to any portion of La Costa de Marbella, which occurred at any time prior to the execution of this Release, and (e) alleged improprieties in assessment votes and votes to amend the governing documents of La Costa de Marbella, which occurred at any time prior to the execution of this Release. This release does not pertain to the pending matter of La Costa de Marbella Homeowner's Association v. State Farm, San Diego Superior Court Case No. GIC851877 and is not intended to affect said litigation. Nothing in this Section or in this Agreement shall be construed as a release by the HOA or any homeowner of any of its rights against State Farm Insurance Company. 6.3.In consideration of the settlement of the above litigation and in consideration of the covenants, promises, terms, and conditions herein, each of the Destroyed Unit Owners, on behalf of themselves and their spouses, family members, successors, and assigns (herein collectively referred to in this Section 6.2 as the "Releasors") fully releases and forever discharges the HOA, and its former and present directors, board members, managers, employees, successors, predecessors, assigns, affiliates, attorneys, officers, and agents, past and present, and each of them, of and from any and all claims, actions, causes of action, demands, rights, damages, losses, costs, attorneys' fees, loss of profits, diminished value, expenses, and compensation whatsoever, which the Releasors now have or which may hereafter accrue, on account of any and all known and unknown and foreseen and unforeseen acts, omissions, conditions, occurrences, incidents, accidents and matters regardless of their nature, including without limitation such acts, omissions, conditions, occurrences, incidents, accidents and matters pertaining to the Landslide, the matters referred to in the Recitals, the Required Repairs, and the Lawsuits, except as expressly provided in this Agreement, and further including, without limitation, any and all claims arising from, based on, or related to (a) any alleged failures by HOA and/or its Related Parties of maintenance of any portion of La Costa de Marbella, including both common areas and separate interest (units), which failures are alleged to have occurred at any time prior to the execution of this Release, (b) water intrusion (as to which released claims include any and all damages alleged to be due to mold) alleged to have occurred or commenced at any time prior to the execution of this Release, (c) alleged improper assessments and/or collection activity, which occurred at any time prior to the execution of this Release, (d) alleged improper action by the Board in connection with repairs to any portion of La Costa de Marbella, which occurred at any time prior to the execution of this Release, and (e) alleged improprieties in assessment votes and votes to amend the governing documents of La Costa de Marbella, which occurred at any time prior to the execution of this Release. This release does not pertain to the pending matter of La Costa de Marbella Homeowner's Association v. State Farm, San Diego Superior Court Case No. GIC851877 and is not intended to affect said litigation. Nothing in this Section or in this Agreement shall be construed as a release by the HOA or any homeowner of any of its rights against State Farm Insurance Company. Page 30 of 136 settlement agreement.versionOVa 6.4.Each of the Releasors named in Sections 6.1, 6.2 and 6.3 acknowledges that there is a risk that subsequent to the execution of this Agreement, he or she may discover, incur or suffer claims or damages which were unknown or unanticipated at the time this Agreement is executed, including, without limitation, unknown or unanticipated claims or damages which arise from, are based upon, or are related to Landslide, the matters referred to in the Recitals, Lawsuits or some part or aspect thereof, which if known by the Releasors on the date of this Agreement being executed, may have materially affected the Releasors'decision to execute this Agreement. Each of the Releasors expressly assumes the risk of such unknown and unanticipated claims or damages and agrees that this Agreement applies to all such unknown claims or damages. 6.5. Each of the Releasors acknowledges that he or she is familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. Each of the Releasors hereby waives and relinquishes all rights and benefits which he or she has or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that each may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. 7. RELEASE OF CLAIMS BY CITY AND CMWD 7.1.In consideration of the settlement of the above litigation and in consideration of the covenants, promises, terms, and conditions herein, the City and CMWD, on behalf of themselves and their successors and assigns (hereinafter collectively referred to in this Section 7 as "Releasors") fully release and forever discharge the plaintiffs in the Lindley Action, the HOA, and its former and present directors, managers, employees, successors, predecessors, assigns, affiliates, attorneys, insurance companies, and agents, past and present, and each of them(hereinafter collectively referred to in this Section 7 as "Releasees"), of and from any and all claims, actions, causes of action, demands, rights, damages, losses, costs, attorneys' fees, loss of profits, diminished value, expenses, and compensation whatsoever, which the Releasors now have or which may hereafter accrue, on account of any and all known and unknown and foreseen and unforeseen acts, omissions, conditions, occurrences, incidents, accidents and matters regardless of their nature, including without limitation such acts, omissions, conditions, occurrences, incidents, accidents and matters pertaining to the Landslide, the matters referred to in the Recitals, the Required Repairs, and the Lawsuits, except as expressly provided in this Agreement. .Each of the Releasors acknowledges that there is a risk that subsequent to the execution of this Agreement, it may discover, incur or suffer claims or damages Page 31 of 136 settlement agreement.version07a CMWD Initials which were unknown or unanticipated at the time this Agreement is executed, including, without limitation, unknown or unanticipated claims or damages which arise from, are based upon, or are related to Landslide or the matters referred to in the Recitals, or some part or aspect thereof, which if known by the Releasor on the date of this Agreement being executed, may have materially affected the Releasor's decision to execute this Agreement. Each Releasor expressly assumes the risk of such unknown and unanticipated claims or damages and agree that this Agreement applies to all such unknown claims or damages. 7.3.Each of the Releasors acknowledge that it is familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. Each of the Releasors hereby waives and relinquishes all rights and benefits City Initials which it has or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that each may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. 7.4.Claims between City, CMWD, ISOP and other Insurers. 7.4.1. The Parties acknowledge and agree that Settling Plaintiffs' and Non- Plaintiff Homeowners' release of the City and CMWD's insurance companies, claims administrators and related companies has been negotiated by and between such parties and ISOP against the City and CMWD's objection and protest and that, to the extent Settling Plaintiffs Release of Claims by Non-Plaintiff Homeowners set forth in paragraph 4 (including the Releases contemplated on the form referenced as Attachment E), Release of Claims by HOA set forth in paragraph 5.1, and release of Claims by Destroyed Unit Owners and Individual Plaintiffs in paragraph 6.1 contain releases in favor of the City and CMWD's insurance companies, claim administrators for such insurance companies and/or for the City and CMWD, and related companies, such releases are included in this document over the City and CMWD's objection and protest, the City and CMWD are not party to such releases, the City and CMWD do not consent to such releases and such releases shall not pertain to, affect, prejudice or limit in any manner or means whatsoever the City and CMWD's claims or potential claims as it may now, or in the future, possess against its insurance companies, any claims administrators or related companies. Nothing in this Agreement shall be construed as a release by the City and/or CMWD of any if its rights against any insurance company, claims administrator or related company. Page 32 of 136 settlement agreement.version07a which were unknown or unanticipated at the time this Agreement is executed, including, without limitation, unknown or unanticipated claims or damages which arise from, are based Upon, or are related to Landslide or this matters, referred to in the Recitals, or some part or aspect thereof, which.if known by the Releasor on the date of this Agreement being executed^ may have materially affected the Releasor's decision to execute this Agreement, Each Beleasor expressly assumes the risk of such unknown and unanticipated claims or damages and agree that this Agreement applies to all such unknown claims or damages. . 7.3. Each of the Releasors acknowledge that it is familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected bis or her settlement with the debtor. . '• - • ••-..• .-.- Each of the Releasors hereby waives and relinquishes all rights and benefits which it has or may have under Section 1542 of the California Civfl Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest CMWD extent that each may lawfully waive all such rights and benefits pertaining to Initials the subject matter of this Agreement. 7.4. Claims between City, CMWD, ISOP and other Insurers, 7,4.1. the Parties acknowledge and agree that Settling Plaintiffs' and Non- Piaintifi" Homeowners' release of the City and CMWD's insurance companies, claims administrators and related companies has been negotiated by arid between such parties and ISOP against the; City and CMWD's objection and protest and that, to the extent Settling Plaintiffs Release of Claims by Noh>Haintiff Homeowners set forth in paragraph 4 {including the Releases contemplated on the form referenced as Attachment E), Release of Claims by HOA set forth iii paragraph 5.1, and release of Claims by Destroyed Unit Owners and Individual Haintiffsirx paragraph 6.1 contain releases in favor of the City and CMWD's insurance companies, claim administrators for such insurance companies and/or for the City and CMWD, and related companies, such -releases are included in this document over the City and CMWD's objection and protest, the City and CMWD are not party to such releases, the City and CMWD do riot consent to such releases and such releases Shall not pertain to, affect, prejudice or limit in any manner or means whatsoever the City and CMWD's claims or potential claims as it may now; or in the future, possess against its insurance companies, any claims administrators or related companies. Nothing in this Agreement shall be construed as a release by the City and/or CMWD of any if its rights against any insurance company, claims administrator or related company. Page 32 of 136 settlement *jreemeiit>vcre!onti?B AUG 6200? which were unknown or -uaanticipated at the tSifcfe this Agreement is executed, induditig, without 3BMtation,t}nknoWn or tmaittsqpaiea eiaiios ttr damages which arise fifom, are based upon, 'or arc related to Landslide on* the taa&ers, to fii,th$I tfa« Teaser on the date ^o^ afieeteii the expressly assumes the risk tf slit^ xinknown aijd uawtidpated ctaiias Or damages -and .-agree that this Agreeineat applies to afl suth mikmwn ciiMms or 7,3.Each of the Rdeasoirs ackhowledge ttiat it is familiar -with gectioni 1542 of the CaMoniia C^ Code/ whi^ provides as foJlo*&: . A ge&exal release does not eittend to diaims which the cteditot 4«>«tt«*to<^o*susjwct Wtadsttolitoorherl^^ tlin* or«aeeeBttog t|i« r«l«a£{e, whi«th, if kaonm to htm tar most hftVe matenally affected hia JOT Iter settlement with the ' Debtor. _ '•- - •• . :• -• • -• -•--. £ae& of the Rdeasors hereby -waives and relinquishes ell rights and benefite which it has iorm^yhaveurtder/Secaon 1542 of the Ca^os»i^ CSvil Code^ or the lawof ariy<«:her state or jurisdiction to die '•&*&& tor titular leifeict t6tbe fuBest e*tent that eaeh jaay lawfully waive all sttbh rights ;arid' benefits pertaining to eement ^ ;l/^he Parties acknowledge and agree that SettBng Haitttaffs' and Non- Piai^tar Homeowners' release of the <3fiy and GMWB'steattraAGe • companies, claims adrjomi&trators «nd related coinpariie^ has been - nftgotiated by and between isuch parties and ISOP against ihe:,'^ and CMWD^ objection and protest and that, to thetactentSetfling Plaintiffs R^easgojrS^ (including t^e l^eaie« contend Attft<^tttMSftti:}, ^eim<£^saxsas by BOA set forth la p^tagt^ph 54, and release of Claims by Des1r<^edltoitOv^ • para^Gph 6,1 tontam;releaseQ in favor of the City and CMWD's iftstiranee cotapanies, clabn adininistrator^ for such issuance contpanies and/or for •the City and CMWD, and related companies, such'release^ •&» tododed in this doctonentt>ver the City and CM^% objection and pi^test,-the and CMWD are not party to $ueh rejeases, the Ciiy and CMWD do not consent to such releases attd such releases shall not pertain to, Affect, prejudice or lunit in any manner or means whatsoevfcr the KSt^ and CMWD's clairas or potential clainj« asSti«ayno% or fcTifh*future, possess against its in^u^anceconipaoies, any clairns adniinistrektors or related eompanies. JNothing m tMs Agreetnerit shall be construed as a rekase by the Oily and/or C3y3Wp :of any tits rights against any insurance cbtrg>any, claims adni^atrator w related ccmpany. ' Page 32 of 156 7.4.2. Nothing in this Agreement shall be deemed to compromise or release, in any degree or manner whatsoever, by the City or CMWD or ISOP of any of their claims against each other or against any other insurer for the City or CMWD. The City, CMWD and ISOP specifically reserve the right to litigate claims related to insurance coverage, including without limitation all issues and claims and damages concerning defense and indemnity arising out of the facts and circumstances and claims and actions referred to in the Recitals and defense and indemnity therefore. The City and CMWD also reserve the right to litigate or otherwise pursue claims for bad faith arising out of the facts and circumstances and claims and actions referred to in the Recitals. ISOP also reserves all rights that ISOP may possess under its policy against the City and/or CMWD and/or any other parties. 7.5.This Release does not apply to release the Releasees from liability based on theories of equitable indemnification or contribution for the claims asserted by Pacific Bell Telephone Company or its affiliates or assigns with respect to the lawsuit entitled Pacific Bell Telephone Company v. City of Carlsbad, Carlsbad Municipal Water District, La Costa de Marbella Homeowners Association, et al. filed on or about October 17, 2006 as San Diego County Superior Court Case No. GIC874412, which action has been transferred to the North County Division of the San Diego County Superior Court and has been assigned the case number 37-2007-00051729-CU-PO-NC. The HOA, City and CMWD specifically reserve the right to file cross-complaints against each other for equitable indemnity and contribution with respect to the claims asserted by Pacific Bell Telephone Company or its affiliates or assigns. 8. GOOD FAITH SETTLEMENT APPROVAL BY COURT. The City/CMWD shall apply for an order from the Court in the consolidated Lindley Action establishing that this settlement was made in good faith, and shall deposit into Escrow a certified copy of the Court's order establishing that this settlement was made in good faith. This settlement is contingent upon the Court's ruling that this settlement was made in good faith. The City/CMWD may waive this contingency by a written waiver executed by counsel for the City/CMWD and deposited into Escrow. 9. CLOSE OF ESCROW. 9.1. Close of Escrow shall occur upon completion of all of the following events: 9.1.1. The City/CMWD has deposited its settlement funds into Escrow as required by Sections 1.1.1 and 2.1.1 of this Agreement which have been determined by Escrow to be good funds; 9.1.2. ISOP has deposited its settlement funds into Escrow as required by Sections 1.1.2 and 2.1.2 of this Agreement which have been determined by Escrow to be good funds; Page 33 of 136 settlement agreement.version07a 9.1.3. The HOA has deposited its settlement funds into Escrow as required by Section 2.4 of this Agreement which have been determined by Escrow to be good funds; 9.1.4. Executed releases from each of the Lenders have been deposited into Escrow as required by Sections 1.4.1.3, 1.4.2.3, 1.4.3.3, 1.4.4.3, 1.4.5.3, 1.4.6.3, 1.4.7.3 and 1.4.8.3 of this Agreement; 9.1.5. Signed and notarized full reconveyances from each of the Lenders have been deposited into Escrow as required by Sections 1.4.1.2, 1.4.2.2, 1.4.3.2, 1.4.4.2, 1.4.5.2, 1.4.6.2, 1.4.7.2 and 1.4.8.2 of this Agreement; 9.1.6. Each of the Destroyed Unit Owners has deposited into Escrow his/her signed and notarized quitclaim deeds as required by Sections 1.4.1.1, 1.4.2.1, 1.4.3.1, 1.4.4.1, 1.4.5.1, 1.4.6.1, 1.4.7.1 and 1.4.8.1 of this Agreement; 9.1.7. Executed releases of each of the non-party homeowners owners and co- owners has been deposited into Escrow as required by Section 4 of this Agreement; 9.1.8. Audrey Watson has deposited into Escrow a certified copy of the court's order approving the settlement on behalf of C. Sherman Severin as required by Section 1.4.4.4 of this Agreement; 9.1.9. The City/CMWD has deposited into Escrow a certified copy of an order of the San Diego County Superior Court approving the good faith settlement of all lawsuits described in the Recitals, as required by Section 8 of this Agreement, or a written waiver of this requirement signed by counsel for the City/CMWD; 9.1.10. Settling Plaintiffs have deposited into Escrow duly signed dismissals with prejudice of each of the lawsuits described in the Recitals as required by Section 3 of this Agreement; 9.1.11. A release of attorney's lien executed by William H. Naumann has been deposited into Escrow as required by Section 2.7.1 of this Agreement; 9.1.12. A release of attorney's lien executed by Thomas V. Girardi has been deposited into Escrow as required by Section 2.7.2 of this Agreement; 9.1.13. The HOA has deposited into Escrow a certified copy of the resolution of the HOA's board of directors approving this settlement as required by Section 21.2 of this Agreement; 9.1.14. The City has deposited the sum of $50,000.00 into Escrow pursuant to Section 2.3.1 of this Agreement which have been determined by Escrow to be good funds; .1.15. The HOA has deposited into Escrow the request for dismissal of ase No. QIC 822967 as required by Section 2.3.2 of this Agreement; Page 34 of 136 settlement agreement.versionOVa 9.1.16. The notarized original signature of each party approving this Agreement has been deposited into Escrow; 9.1.17. The City and CMWD has deposited into Escrow a duly signed dismissal with prejudice of its cross-complaint in the Lindley Action as required by Section 3.1.1; and 9.1.18. The parties have deposited an executed Memorandum of Agreement as provided in Section 16 of this Agreement. 9.2.Upon Close of Escrow, Escrow shall perform the following acts: 9.2.1. Disburse Settlement Fund No. 1 per the provisions of Section 1.3 of this Agreement; 9.2.2. Disburse Settlement Fund No. 2 per the provisions of Section 2.7 of this Agreement; 9.2.3. Disburse to the City/CMWD the HOA's payment of $50,000.00 referred to in Section 9.1.3; 9.2.4. Disburse to the City/CMWD the Lenders' releases referred to in Section 9.1.4; 9.2.5. Record the full reconveyances referred to in Section 9.1.5; 9.2.6. Record the quitclaim deeds referred to in Section 9.1.6; 9.2.7. Disburse to the City/CMWD the non-party owner releases referred to in Section 9.1.7; 9.2.8. Disburse to the City/CMWD the certified copy of the court's approval of the settlement of C. Sherman Severin referred to in Section 9.1.8; 9.2.9. Disburse to the City/CMWD the certified copy of the San Diego County Superior Court's good faith approval of the settlement referred to in Section 9.1.9; 9.2.10. Disburse to the City/CMWD the signed dismissals with prejudice of the lawsuits referred to in Section 9.1.10 and 9.1.17; 9.2.11. Disburse to the HOA the release of attorney's lien from William H. Naumann referred to in Section 9.1.11, and disburse a copy of the same to the City/CMWD; 9.2.12. Disburse to the HOA the release of attorney's lien from Thomas V. Girardi referred to in Section 9.1.12, and disburse a copy of the same to the City/CMWD; Page 35 of 136 settlement agreement.versionOTa 9.2.13. Disburse to the City/CMWD the certified copy of the resolution of the HOA's board of directors approving this settlement as referred to in Section 9.1.13; 9.2.14. Disburse to the HOA the $50,000.00 referred to in Section 9.1.14; 9.2.15. Disburse to the City the request for dismissal referred to in Section 9.1.15; 9.2.16. Disburse to the City/CMWD the Original Agreement as further provided in Section 22 of this Agreement; and 9.2.17. Record the Memorandum of Agreement referred to in Section 9.1.18. 9.3. All costs related to Escrow shall be borne in full by the City and CMWD and/or its insurance company. The premium for any policy of title insurance shall be paid by the party requesting the title insurance policy. 10. REQUIRED REPAIRS. 10.1. The HOA shall perform the Required Repairs. The completion of the Required Repairs shall not be a condition to the Close of Escrow. 10.2. The Required Repairs shall be funded from Settlement Fund No. 2 as provided in Section 2.7.4 of this Agreement. 10.3. The City shall use its best efforts to expedite the review and approval of plans and issuance of necessary permits for the Required Repairs upon the HOA's submission of plans for approval. The HOA shall obtain all necessary approvals for the performance of the Required Repairs prior to the Close of Escrow. This requirement may be modified or waived by written agreement executed by counsel for both the HOA and the City. 11. ADVICE OF COUNSEL. Each party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel (if sought). 12. CALIFORNIA LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. NO ASSIGNMENT. Settling Plaintiff has assigned or otherwise transferred or subrogated (either ^ntarily, involuntarily or by operation of law) any interest in any claims which Page 36 of 136 settlement agrecment.version07a are the subject matter hereto and which the Settling Plaintiff may have against the City, CMWD, ISOP, insurance carriers for the City or CMWD, claims administrators for insurance carriers for the City or CMWD, and/or the HOA, and each Settling Plaintiff agrees to defend and indemnify and hold the City, CMWD, ISOP, insurance carriers for the City or CMWD, claims administrators for insurance carriers for the City or CMWD, and/or the HOA, harmless from any liabilities, losses, claims, demands, costs, expenses, or attorney's fees incurred by the City, CMWD, ISOP, insurance carriers for the City or CMWD, claims administrators for insurance carriers for the City or CMWD, and/or the HOA, as a result of any person or entity, including but not limited to underwriters and insurance carriers, asserting such assignment or transfer. 14. NO ADMISSION OF LIABILITY. This Agreement pertains to disputed claims and is the result of compromise. As such, it does not constitute and shall not be deemed as an admission of liability by the parties. 15. ATTORNEY'S FEES AND COSTS. 15.1. The parties acknowledge the provisions of California Code of Civil Procedure § 1036 which provides: In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by awarding compensation, or the attorney representing the public entity who effects a settlement of that proceeding, shall determine and award or allow to the plaintiff, as a part of that judgment or settlement, a sum that will, in the opinion of the court, reimburse the plaintiff s reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of that proceeding in the trial court or in any appellate proceeding in which the plaintiff prevails on any issue in that proceeding. 15.2. The parties hereto acknowledge that counsel for the City and CMWD have determined and allowed to the Settling Plaintiffs, as a part of this settlement, a sum that will reimburse the Settling Plaintiffs' reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the inverse condemnation proceedings asserted in the Lindley Action, the HOA Action, the Uldricks Action and the Whitehead Action. That sum is included in the sums to be paid by the or on behalf of the City and CMWD pursuant to this Agreement, and no Settling Plaintiff shall have a right to recover any additional amount for attorney's fees or costs incurred in connection with this matter. 15.3. Other than as recited above with respect to Code of Civil Procedure § 1036, each party shall bear its own attorney's fees and costs. Page 37 of 136 settlement agreemenl.versiohOTa 16. SUCCESSORS 16.1. The provisions of this Agreement shall be deemed to obligate, extend to, and inure to the benefit of the parlies, their heirs, successors, assigns, transferees, grantees, and indemnitees. 16.2. In order to provide constructive notice of this Agreement to the parties' successors and assigns, each party hereby consents to the recording of a Memorandum of Agreement in the form attached hereto as Exhibit "H." 16.3. Each party hereby authorizes and directs his, her or its attorney to execute and record the Memorandum of Agreement on behalf of said party. 17. INTERPRETATION 17.1. Wherever the context so requires, the singular number shall include the plural; the plural shall include the singular; and the masculine gender shall include the feminine and neuter genders. 17.2. All parties have assisted and contributed to the drafting of this Agreement, and as a result, any rule of interpretation that requires that this document be construed against the drafter shall be inapplicable. 17.3. The Recitals stated herein are true and correct, and the Definitions and Recitals are a part of this Agreement and are incorporated into this Agreement by reference. 17.4. Unless the context requires otherwise the word "including" means "including, without limitation."", 17.5. The headings, titles, and captions contained in this Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. 18. FURTHER ASSURANCES In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and instruments and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby. 19. INTEGRATION This Agreement (after full execution and delivery) memorializes and constitutes the entire agreement and understanding between the parties and supersedes and replaces all prior negotiations, proposed agreement and agreements, whether written or unwritten. It is intended that this Agreement will supersede all prior cements between the HOA and the City/CMWD including, without limitation, Abatement Agreement, the Mediation Agreement, the the Reinstatement eement and the Storm Drain Settlement Agreement. Page 38 of 136 settlement agreement.vcrsion07a 20. ENFORCEABILITY 20.1. In the event any party hereto shall commence legal proceedings against the other to enforce the terms hereof, or to declare rights hereunder, as a result of a breach of any covenant of condition of this Agreement, the prevailing party in any such proceeding shall be entitled to recover from the losing party its costs of suit, as may be fixed by the Court. 20.2. This settlement shall be enforceable pursuant to California Code of Civil Procedure § 664.6. The parties each specifically requests that the Court retain jurisdiction over the Lindley Action, the HOA Action, the Whitehead Action and the Uldricks Action and over the parties to enforce this settlement until performance in full of the terms of the settlement. 21. AUTHORITY 21.1. The individuals executing this Agreement on behalf of a public entity or other private business entity each represent and warrant that they have the legal power, right and actual authority to bind their respective principals to the terms and conditions of this Agreement. 21.2. The HOA specifically represents to the City and to CMWD that the HOA has brought the claims and actions referred to herein on behalf of itself and each of its members, and that the HOA has the legal power, right and actual authority to bind its members to the terms and conditions of this Agreement. A true and correct certified copy of the resolution of the HOA's board of directors approving this settlement in the form attached hereto as Attachment F shall be deposited into Escrow. 22. APPROVAL. EXECUTION AND COUNTERPARTS 22.1. Prior to execution by any party, this Agreement shall be approved as to form by the attorneys listed on the last two pages of this Agreement. Each attorney approving this agreement as to form shall initial each page containing the substantive provisions of the original of this Agreement, and shall sign on the designated space on the last two pages of this agreement. All such initials and original signatures shall be affixed to the same copy of this Agreement, which shall become the "Original Agreement" as used in this Section. 22.2. This Agreement may be executed in any number of counterparts and by the Parties on separate counterparts, each of which will be deemed an original but which together shall constitute one agreement, with the same effect as if the signatures on the counterparts were upon a single original of this Agreement. 22.3. Each party is required to provide an original notarized signature on this Agreement. A facsimile signature shall not be sufficient to evidence a party's consent to this Agreement. Page 39 of 136 settlement agreement.versionOTa 22.4. Each party to this Agreement shall deposit into Escrow a signature page bearing the party's notarized original signature approving this Agreement. Upon receipt of each such signature page and notary acknowledgement, Escrow is authorized and instructed to replace the corresponding blank signature page and notary acknowledgement in the Original Agreement with the signature pages bearing the notarized original. The intent of this Subsection is that all original signatures of the parties shall be collated into the Original Agreement. 22.5. Once the Original Agreement includes the original signature pages of all parties, Escrow is instructed to disburse a copy of the fully executed Original Agreement to each of the attorneys approving this Agreement as to form. 22.6. Upon Close of Escrow, Escrow shall disburse the Original Agreement to the City, which shall maintain the Original Agreement. The City shall provide a copy of the complete Original Agreement to any party upon reasonable request at the requesting party's expense. 23. MODIFICATION 23.1. This Agreement may not be modified except by a written modification signed by each party to this Agreement. 23.2. Notwithstanding Section 23.1, the parlies agree to execute any and all additional documents reasonably necessary to complete and document this transaction. If required by Escrow agent, the parties agree to execute escrow agent's supplemental escrow instructions reasonably requested by the Escrow agent, provided that the same are consistent with, and do not conflict with the provisions of this settlement agreement. 23.2.1. The plaintiffs in the Lindley Action hereby authorize Escrow agent to accept and comply with instructions to Escrow agent from their attorney, John Schroeder, as though such instructions were from the plaintiffs in the Lindley Action, without need of further notification to or approval from plaintiffs in the Lindley Action. The plaintiffs in the Lindley Action hereby authorize their attorney to execute on their behalf any such supplemental escrow instructions or amendment to escrow instructions that are consistent with the provisions of this agreement. 23.2.2. The plaintiffs in the Whitehead Action, the Uldricks Action, and the HOA Action hereby authorize escrow agent to accept and comply with instructions to Escrow agent from their attorney, Patrick E. Catalano, as though such instructions were from the plaintiffs in the Whitehead Action, the Uldricks Action, and/or the HOA Action, as the case may be, without need of further notification to or approval from plaintiffs in the Whitehead Action, the Uldricks Action, and the HOA action. The plaintiffs in the Whitehead Action, the Uldricks Action, and the Homeowner's Association Action hereby authorize their attorney to execute on their behalf any supplemental escrow instructions or amendment to escrow instructions that are consistent with the provisions of this agreement. Page 40 of 136 settlement agreement.versionOTa 23.2.3. The City and CMWD hereby authorize Escrow agent to accept and comply with instructions to Escrow agent from their attorney, Bradley A. Bartlett, as though such instructions were from the City and CMWD, without need of further notification to or approval from the City and CMWD. The City and CMWD hereby authorize their attorney to execute on their behalf any such supplemental escrow instructions or amendment to escrow instructions that are consistent with the provisions of this agreement. 23.2.4. ISOP hereby authorizes Escrow agent to accept and comply with instructions to Escrow agent from its attorney, Mary McCurdy, as though such instructions were from ISOP, without need of further notification to or approval from ISOP. ISOP hereby authorizes its attorney to execute on its behalf any such supplemental escrow instructions or amendment to escrow instructions that are consistent with the provisions of this agreement. DATED:LA COSTA DE MARBELLA HOMEOWNERS' ASSOCIATION By:. Name_ Its Page 41 of 136 settlement agreement.version07a 23.2.3. The City and CMWD hereby authorize Escrow agent to accept and comply with instructions to Escrow agent from their attorney, Bradley A. Bartlett, as though such instructions were from the City and CMWD, without need of further notification to or approval from the City and CMWD. The City and CMWD hereby authorize their attorney to execute on their behalf any such supplemental escrow instructions or amendment to escrow instructions that are consistent with the provisions of this agreement. 23.2.4. ISOP hereby authorizes Escrow agent to accept and comply with instructions to Escrow agent from its attorney, Mary McCurdy, as though such instructions were from ISOP, without need of further notification to or approval from ISOP. ISOP hereby authorizes its attorney to execute on its behalf any such supplemental escrow instructions or amendment to escrow instructions that are consistent with the provisions of this agreement. DATED: / ' ' LA COSTA DE MARBELLA HOMEOWNERS' ASSOCIATION js _/ PEC Page 41 of 136 settlement agreement.version07a.doc BAB / MM ACKNOWLEDGEMENT State of California County of ss. On before me, Date personally appeared \)&r-r Name and Title of Officer (e.g., "Jane d5e, Notary Public) „ • m * fCISSY SONGALIA k 175695 ICommission #1475695 Notary Public - California San Diego County1 San Diego County f My Comm. Expires Mar 9JO°(8| Name(s) of Signers) a personally known to me Droved to me on the basis of satisfactory evidence Drf ***rg Li e**vS-<_ to be the person(s^ whose names(«) is/are subscribed to the within instrument and acknowledged to me that heAihe/they executed the same in his/her/their authorized capacity(tes), and that by his/h«-/fl»ir signature^ on the instrument the person^, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: / ~ ' "^ I Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: oMdividual Corporate Officer - Titlefs): D Partner - n Kimited o General a Attorney-in-Fact a Trustee n Guardian or Conservator a Other: JfoA Signer is Representing: LA COSTA DE MARBELLA HOMEOWNER'S ASSOCIATION Page 42 of 136 settlement agreement.version07a.doc DATED:CITY Page 43 of 136 settlement agreement.version07a.doc ACKNOWLEDGEMENT State of California County of On Date personally appeared ) ) ss. ) &>Ui Name and Title of Officer (e.g., "Jkrfe Doe, Notary Public)( ifl. ) of Signers) ersonally known to me a proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mrfhand and official c Signature™ Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: D Individual n Corporate Officer - Title(s): n Partner - D Kimited n General n Attorney-in-Fact n Trustee D Guardian or Conservator n Other: Signer is Representing: CITY OF CARLSBAD COPY Page 44 of 136 settlement agreement.version07a.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 1 ' 1 0 • 0 Date personally appeared before me, H- . Name and Title of Officer fe.g., "Jfene Doe, Notary Publi Name(s) of Signer(s) I•OMNNUSCHY Commission * 1734440 Notary PubHc - California | San Dtogo County i Place Notary Seal Above D personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature! OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: O £s£fdvJ Document Date: Signer(s) Other Than Named Above: . Number of Pages: ^f?'<p*i .5 Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Sign.er Is Representing: . RIGHT THUMBPRINT OF SIGNER Top of thumb here epresft T Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 DATED:'?' 1 D 'ISTRICT Page 45 of 136 settlement agreement.verslon07a.doc State of California County of_ On ViP- .ft ACKNOWLEDGEMENT ) ss. Date personally appeared before me, Name and Title of Officer (e.g., "J^ne Doe, Notary Public) -4- BOftNNUSCHV Name(s) of Signers) o-p^rsonally known to me n proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t wcrtofy fu«*c • cowwmo I tan 01*90 coyrty * WITNESS Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: n Individual D Corporate Officer - Title(s): n Partner - n Kimited a General n Attorney-in-Fact D Trustee n Guardian or Conservator D Other: Signer is Representing: CARLSBAD MUNICIPAL WATER DISTRICT Page 46 of 136 settlement agreement.verslon07a.doc DATED: X INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Name Its ft fr, /fa //>/(> f Page 47 of 136 settlement 06 06 07 State of California County of f^CW On v^t/me. ^4)^00"?-before me, Date personally appeared MALIZA J.JOSEPH-GABRIEL Notary Public, State of New York Registration #02 J06001117 Qualified In Kings County My Commission Expires Jan. 5. ACKNOWLEDGEMENT ) ss. -. J- Jc-S^fK-G\loy-rel Name and Title of Officer (e.g., "Jane Doe, Notary Public) f Name(s)of Signer(s) Jf personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: /&yQ Capacity(ies) Claimed by Signer Signer's Name: a Individual a Corporate Officer - Title(s): D Partner - D Kimited a General a Attorney-in-Fact D Trustee D Guardian or Conservator Signer is Representing: INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Page 48 of 136 settlement 06 06 07 I, JOSEPH GORAK, individually and as Trustee of the JOSEPH GORAK TRUST DTD 10/7/2003, the owner of 24016 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code S 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED:_j£LLr_l±-L- JOSEPH GORAK TRUST DTD 10/7/2003 By:. PH GORAK, TRUSTEE La Costa Avenue DATED: "* I ^ I ^ ' JOSEPH GORAK By:.iBy: toSfe? <<" jfOSEP/I ( ^ <>4OiB La i GORAK 4016 La Costa Avenue Page 45 of 132 settlement agreement versionOVa ACKNOWLEDGEMENT State of California County of_ ) ss. On CP before me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared.JOSEPH GORAK AX ROBMION 16486*9 Notary PuMc-Colfomta tan Otogo County Name(s)ofSigner(s) a personally known to me to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. o. o- Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: t^o fals- fciH Number of Pages: \ Capacity(ies) Claimed by Signer Signer's Name: ^(Individual D Corporate Officer — Title(s): n Partner - D Kimited n General n Attorney-in-Fact *yl Trustee D Guardian or Conservator n Other: Signer is Representing: JOSEPH GORAK TRUST DTD 10/7/2003 Page 46 of 132 settlement agreement version07a I, JOSEPH GORAK, individually and as Trustee of the JOSEPH GORAK TRUST DTD 10/7/2003, the owner of 240IB La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D- Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code 8 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: JL/_irl4-r- ' JOSEPH GORAK TRUST DTD 10/7/2003 >:7/tt/Q7 GORAK, TRUSTEE 140 IB La Costa Avenue DATED: JOSEPH GORAK OSEPH GORAK 40IB La Costa Avenue Page 49 Of 136 settlementagr«m«]t.ver»k>n07a ACKNOWLEDGEMENT State of California ) Countvof S^D^O ! On before me, Name and Tide of Officer (e.g., "Jane Doe, Notary Public) personally appeared JOSEPH GORAK Name(s) of Signers) o personally known to me <j8«jjroved to me on the basis of satisfactory evidence to be the person^ whose namesfa) is/are- subscribed to the ^^^^^-^ffij. within instrument and acknowledged to me that he/sheAhey CISSY SONGALIA L executed the same in his/her/tfeeir authorized capacity(re»), Commission* 1475695 I and that by his/few&wir signature(fi)-on the instrument the Notary Public - California f person^, or the entity upon behalf of which the person^ San Diego County f acted, executed the instrument.My Comm. Expires Mar 9,2008P * WITNESS my hand and official seal. SignatuKof Notary Publ Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(Ies) Claimed by Signer Signer's Name: o Individual a Corporate Officer - Title(s): a Partner - a Kimited a General D Attorney-in-Fact o Trustee n Guardian or Conservator a Other: Signer is Representing: JOSEPH GORAK TRUST DTD 10/7/2003 Page 50 Of 136 settlement agreement.w:reion07a We, DAN KYLE (aka DANIEL KYLE) and ELIZABETH KYLE, the owners of 24010 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: By:. (aka DANIEL KYLE) /> DATED: f.a DAN KYLE 24010 La Costa Avenue JETH KYLE Page 47 °f 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of On /' bate ' / personally appeared. ) ss. me, " "Name and Title of Officer (e.g., "Jane Doe, Notary public DAN KYLE and ELIZABETH KYLE OFFICIAL SEAL VICKI COLLO NOTARY PUBLIC-CALIFORNIAs COMM. NO. 1598588 - SAN DIEGO COUNTY • MY COMM. EXP. JULY 31,2009 I Name(s) of Signer(s) p personally known to me a proved to me on the basis of satisfactory evidence to be the persoij^sywhose names{s))is/afe^ubscribed to the within instrument and acknowledged to me that he/she^fev executed the same in-his/her^fiejr) authorized capacity^lesp and that by his/hei^meir)signature(s)) on the instrument the person@ or the entity upon behalf of which the person® acted, executed the instrument. WITNESS my hand and official seal. _ Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: W ' 0 &^J Number of Pages: / Capacity(ies) Claimed by Signer Signer's Name: DAN KYLE (aka DANIEL KYLE) and ELIZABETH KYLE i Individual D Corporate Officer - Title(s): D Partner - n Kimited D General o Attorney-in-Fact D Trustee a Guardian or Conservator D Other: Signer is Representing: Page 48 of132 settlement agreement versionOVa I, JASON R. LEWIS, the owner of 24O3A La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code S 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: WlUlV'T JASON R. LEWIS Page 49 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of_ On GU-< ) ss. , CTl before me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared_JASON R. LEWIS AA ROBINSON ConwnMon* 1668689 NOtay Public - CoWorrta Ian Dtogo County MyComm.ExplrMMqy21.20U Name(s) of Signer(s) D personally known to me ^proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. o o Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: CMe O<o- 6"! Number of Pages: \ Capacity(ies) Claimed by Signer Signer's Name: JASON R. LEWIS Individual D Corporate Officer - Title(s): a Partner - D Kimited a General n Attomey-in-Fact D Trustee D Guardian or Conservator D Other: L7 Signer is Representing:, Page 50 of 132 settlement agreement versionOVa State of California County of San Diego ACKNOWLEDGEMENT ) ss. On July 12, 2Q07before me, Joyce E. Gray, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared_JASON R. LEWIS ^JOYCEEGRAY COMM.f 1494318 NOTARY PUBLIC • CALIFORNIA . SAN DIEGO COUNTY Corflm.Exp.JUNE8,2008 Name(s)ofSigner(s) • a poroonally known to mo Bproved to me on the basis of satisfactory evidence to be the person^) whose names(pf is/we- subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/her/their authorized capacity(ws), and that by his/her/their signature^ on the instrument the person^), or the entity upon behalf of which the personps^ acted, executed the instrument. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: JASON R. LEWIS n Individual n Corporate Officer - Title(s): D Partner - o Kimited D General a Attorney-in-Fact D Trustee D Guardian or Conservator a Other: Signer is Representing:, Page 54 of 136 settlement agreement.version07a I, STEVEN FIEDLER, the owner of 2403B La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED :_iZ^_Lr:_ T STEVEN FIEDLER EDLER Dosta Avenue OI lOO settlement agreement.version07a ACKNOWLEDGEMENT State of California County of S<*.r\ P'JQjfO On 5*M\e* ttt2SWl before me, )ss. J Date personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary Public) STEVEN FIEDLER Name(s) of Signer(s) Dj>ersonally known to me proved to me on the basis of satisfactory evidence to be the person^s)- whose names(s} is/we subscribed to the within instrument and acknowledged to me that he/aho/thcy executed the same in his/henthcir authorized capacity^ies}, and that by his/her/their signature(s)- on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS 'fficial seaL Signature&fNotary Pu&fc Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: STEVEN FIEDLER n Individual D Corporate Officer - Title(s): D Partner- D Kimited n General n Attorney-in-Fact n Trustee a Guardian or Conservator n Other: Signer is Representing:_ BESTCOP* Page 56 of 136 settlement agreement.versionO? a We, ROBERT A. WHITEHEAD and THERESA WHITEHEAD, the owners of 2405A La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED:,fg f (*> fp-7 ROBERT A. WHITEHEAD ROBERT A. WHITEHEAD 2405A La Costa Avenue Byr Page 57 of 136 settlement agreement.versionOTa ACKNOWLEDGEMENT State of California Countvof SAV On &(>- Ci-0*1 ) ) ss. D \ tf^T) i before me, S/VtO^TftM ^\( \JfcArTJ n Date personally appeared. Name and Title of Officer (e.g., "Jane Doe, Notary Public) ROBERT A. WHITEHEAD i SANJAY KHURANA COMM.# 1601610 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY COMM. EXPIRES AUG19.2009 j Name(s) of Signer(s) n personally known to me 'jLproved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand aMpfficial seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: O 6 "" o " Ol ^Number of Pages: -*- Capacity(ies) Claimed by Signer Signer's Name: ROBERT A. WHITEHEAP- '$ Individual D Corporate Officer - Title(s): a Partner - a Kimited a General D Attomey-in-Fact a Trustee a Guardian or Conservator n Other: Signer is Representing:_ Page 58 of 136 settlement agreement.version07a We, ROBERT A. WHITEHEAD and THERESA WHITEHEAD, the owners of 2405A La Costa Avenue, CarJsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Page$ 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code fi 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in hia or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: ROBERT A. By: ROBERT A. WHITEHEAD 2405A La Costa Avenue DATED: * \ ^1 ' THERESA WHITEHHAD By:_ ;ATWHITEHEAD >5A La Costa Avenue 57 OI 136 settlement njrec!ncTU.vcrjh)n07ii State of eaHfenfo County of ACKNOWLEDGEMENT ) ss. ) On IP".<Z2.-Q j_ bef°re me, _ . ..^-». . ^. r.^. . , __ Date NaSSyiU Tillc of Officer (e.g., 'Jane PSfcNotBry PuWfc)~T personally appeared TODEfrT A. WHITBnEAJgSSgTHERESA WHITEHEAP , Nnmc(3)oFEigner(3) n personally known to me Xtprovcd to rnc on the basis of satisfactory evidence to be the pcrson(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me (hat he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature &f Notary Public bJ Description of Attached Document Title o, Type yfDucumcnt: g_L_QBAL SETTLEiyiENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: __ __ __ Number ofPages: _ Capacity(ies) Claimed by Signer Signer's Name: ROBERT A. WHITEHEAD and THERESA WHITEHBAP D Corporate Officer - Titlc(s): D Partner- D Kimited n General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other; Signer is Rcpresenting:_ 58 Of 136 settlement I, MARION M. ULDRICKS, the owner of 2405B La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. MARION M. ULDRICKS By: MARION M. ULDRICKS 2405B La Costa Avenue Pa.gC 59 OI 136 settlement agrecment.versionOTa ACKNOWLEDGEMENT State of California County On Date personally appeared me, H A^\C^ "tyame and Title of Officer (e.g., "Jdhe'Doe^ Notary Public; Name(s) of Signer(s) n personally known to me I to me on the basis of satisfactory evidence to be the person^ whose names(sjf is/are subscribed to the within instrument and acknowledged to me that rj^she/th^y executed the same in Jj&Ther/tbefr authorized capacityn^, and that by h^/h^J/their signature^ on the instrument the person(^5, or the entity upon behalf of which the person(s/ acted, executed the instrument. WITNESS kand official seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: ^rj IA^ i "i^fSj _ ^Number of Pages: _i Capacity(ies) Claimed by Signer Signer's Name: ^^Jndividual nCorporate Officer - Title(s):_ D Partner - D Kimited o General D Attorney-in-Fact a Trustee n Guardian or Conservator D Other: Signer is Representing:, COPY Page 60 of 136 settlement agreement.versionOTa I, LAURIE LINDLEY, the owner of 2405C La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code S 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: LAURIE LINDLEY LAURIE LINDI 2405C La Costa Avenue O 1 OI 136 settlement agreement versionOTa ACKNOWLEDGEMENT State of California ) ) ss. County of Orange ) On June 12, 2007 before me, Patricia Batiz, Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared Laurie Lindley*********************************************** , Name(s) of Signers) D personally known to me B proved to me on the basis of satisfactory evidence to be the person(s) whose names^e) is/aw- subscribed to the within instrument and acknowledged to me that he/she/tbey- executed the same in fais/her/dietf-authorized capacity(iee>, and that by his/her/their- signature(s) on the instrument the oonot county person(s), or the entity upon behalf of which the person(s) Comnmwon # I64S148 Notary Put*: — CaMomio My O acted, executed the instrument. WITNESS my hand and official seal. J/l ) y ( Signature of Notary Public ' f\ Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: June 12, 2007 Number of Pages: 136 Capacity(ies) Claimed by Signer Signer's Name: Laurie Lindley [^Individual D Corporate Officer - Title(s): a Partner - D Kimited D General D Attorney-in-Fact D Trustee D Guardian or Conservator n Other: Signer is Representing:. 62 Of 136 settlement agreement versionO?a 06/15/2007 11:08 7145284189 PAQE 03/03 I, AUDREY WATSON, guardian of the estate of C. SHERMAN SEVERIN, the owner of 240SD La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me, B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code .3 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that 1 may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that 1 am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: i^/illVf C. SHERMAN SEVERIN^/7 By: "-AUDREY WATSON, guardian of the esta.te of C, SHERMAN SEVERJN 2405D La Costa Avenue 63 Of 136 settlement ngriwmcnt.v«sion07a ACKNOWLEDGEMENT State of California Of County of K t Va cup On {*\t\before me, Date personally appeared MARC! R. BURKEL NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES APRIL 9, 2009 H- ) ss. Name and Title of Officer (e.g., "Jane Doe, Notary Pubflc) f'M Pubflc Name(s) of Signers) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - D Kimited D General D Attomey-in-Fact D Trustee D Guardian or Conservator D Other: Signer is Representing:. Page 64 of 136 settlement agreement versionOTa I, ROBERT M. STRONG, the owner of 24OjA La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code 8 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: t>u 61. ftl ROBERT M. STRONG ROBERT M.STR 24oyA La Costa Page 6l of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of__ ) ss. On bWCA-r CH before me, Date VCft Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared DEMISE AA ROBINSON CommHston* 1668689 Notary pubic -CoWanta Son Dtogo County Name(s) of Signer(s) "personally known to me n proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: foVo • CaW &T\ Number of Pages: \ Capacity(ies) Claimed by Signer Signer's Name: ^Individual D Corporate Officer - Title(s): _ D Partner - n Kimited D General n Attorney-in-Fact n Trustee D Guardian or Conservator a Other: _ Signer is Representing:, Page 62 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of San Diego ) ss. J On July 19, 2007 before me, Date Joyce E. Gray, Notary Public- personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary Public) Robert M. Strong JOYCE I. GRAY COMM. §1494316 NOTARY nJMJC*CM*OWM | SAN DMEGO COUNTY KCortim.Exp.JUNE8,2008wv^w^rwvw^r Name(s) of Signer(s) -B-personally-kHewB4e-Hi«-- H proved to me on the basis of satisfactory evidence to be the person(^ whose names^f is/are subscribed to the within instrument and acknowledged to me that he/she/they • executed the same in his/her/their authorized capacity^ws^ and that by his/hw/their signature^" on the instrument the person(Xf, or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS/my hand and official seal. ignature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): a Partner - D Kimited a General D Attomey-in-Fact n Trustee a Guardian or Conservator n Other: Signer is Representing:, Page 66 of 136 settlement agreement.versionOTa ACKNOWLEDGEMENT State of California County of On GW-C^.-O'^i ) ss. Date personally appeared before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public) DENSE AAROMNCON CommMon * 1668689 Notary Public - CaHfomta fan Diego County Myeornm.GxptMMwai.20IO Name(s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public \ Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Ote-feVo-cn Number of Pages: \ Capacity(ies) Claimed by Signer Signer's Name: u Individual *y. Corporate Officer - Title(s): D Partner - D Kimited a General a Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer is Representing:_ Page 64 of 132 settlement agreement versionOVa ACKNOWLEDGEMENT State of California County of Orange ) ss. On July 12, 2006bfore me, Date Patricia Batiz, Notary Public personally appeared HOMCIAMllZ CommWon* I&4J14S NOKJfy PuMc -Cowomta Orange County ConYTl. fapiMB Pafa M 201( Name and Title of Officer (e.g., "Jane Doe, Notary Public) Troy Kinto*********************************************** Name(s) of Signer(s) n personally known to me s-p'roved to me on the basis of satisfactory evidence to be the person(s)_ whose names(s) is/aie-subscribed to the within instrument and acknowledged to me that he/shc/thcy— executed the same in his/hei/theif authorized capacity(ies), and that by his/hei/feeir signature(s)-on the instrument the person(s), or the entity upon behalf of which the person(s)- acted, executed the instrument. WITNESS my hand and official seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: ; Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer- Title(s): n Partner - n Kimited D General D Attorney-in-Fact D Trustee D Guardian or Conservator n Other: Signer is Representing: LA COSTA DE MARBELLA HOMEOWNER'S ASSOCIATION Page 42 of 136 settlement agreement versionOTa ACKNOWLEDGEMENT State of California County of_ On Date personally appeared before me, ) ss. . Name and Title of Officer (e.g., "Jane Doe, Notary Public) Name(s) of Signer(s) y personally known to me n proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: QVc Cfe cTl Number of Pages: \ Capacity(ies) Claimed by Signer Signer's Name: D Individual n Corporate Officer — Title(s): n Partner - D Kimited n General n Attorney-in-Fact n Trustee a Guardian or Conservator D Other: Signer is Representing:, Page 66 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of San Diego ) ss.J On July 18, 2007 before me, Joyce E. Gray, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared Jeffrey Wilson- Name(s) of Signer(s) JOYCEEORAY COMM.M494318 NOTAKrPUKJC •CAUFOWM SAN DIEGO COUNTY K^SSEJ^vvSv^^ H proved to me on the basis of satisfactory evidence to be the person^ whose names^) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in .his/her/theif authorized capacity(-ies), and that by his/h«&h«r signature^' on the instrument the person($ or the entity upon behalf of which the person(#f acted, executed the instrument. WITNESS nftUymd and official seal ignature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual n Corporate Officer - Title(s): n Partner - a Kimited a General D Attomey-in-Fact a Trustee p Guardian or Conservator D Other: Signer is Representing:, Page 70 of 136 settlement agreement.version07a ACKNOWLEDGEMENT State of California County of ^ On ow feW before me, Date personally appeared ) ss. Name and Title of Officer (e.g., "Jane Doe, Notary Public) Narae(s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MMSE A.A. ROBINSON Commlnlon # 16MM9 Notaiy Public - CaWanta San Otogo County MyCormExplreiMoy21.201C Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: &Wfr>Vn-CT> _ // Number ofPages: \ Capacity(ies) Claimed by Sign Signer's Name: ytflndividual D Corporate Officer - Title(s): a Partner - D Kimited D General D Attorney-in-Fact D Trustee a Guardian or Conservator a Other: Signer is Representing:, Page 68 of 132 settlement agreement version07a I, ERIC SHIPPEN, the owner of 2407C La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code 8 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: 0/^/c/ 7 ERIC SHIPPEN By: /ERIC SHIPPEN 2407C La Costa Avenue 7 1 OI 7 1 settlement agreement versionOTa - final.doc ACKNOWLEDGEMENT State of California County of g-t-DI % On before me,J. Date personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary PuH-ib«c) BARBARA J. DANIELS COMMJ1565515NOTARY PUBLIC-CALIFORNIA WSAN DIEGO COUNTY "" MY COMM. EXP. APR. 27,2009 f Name(s) of Signers) n personally known to me approved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature of Notary Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: D Individual a Corporate Officer - Title(s): n Partner - D Kimited n General a Attorney-in-Fact n Trustee a Guardian or Conservator n Other: Signer is Representing:, Page 72 of 72 settlement agreement version07a - final.doc We, MICHAEL A. ROBINSON and DENISE AUSTIN ROBINSON, the owners of 24070 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code S 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: ^f K/< ^C MICHAEL A. ROB MICHAELA/ROBINSON 24070 La Costa Avenue DATED: QVotCAolcn DENISE AUSTIN ROBINSON By:_ DENISE AUSTIN ROBINSON 24070 La Costa Avenue Page 69 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of C*}ftf\ On (tiki 07 /Dat? personally appeared t*e£l ) ss. before me,lTa^ r )r£LCu Srt , ^ra/t/ \{JL Name and Tide of Officer (e.g., "Jane D"oe, Notary Publ/c) A. -QflblnSto* Oi^A SARAH J. SIRACUSA [COMM. #1617329 ^ Notary Public - California g San Diego County - omm. Expires Oct.^31 2009J Name(s) of Signer(s) D personally known to me ^Q proved to me on the basis of satisfactory evidence /1 to be the person^^whose names© *$&# subscribed to the within instrument and acknowledged to me that Iw/ebe/they executed the same in his/feer/their authorized capacity((id|5), and that by hJs/feer/their signature® on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): D Partner - n Kimited D General n Attorney-in-Fact D Trustee a Guardian or Conservator D Other: Signer is Represenring:_ Page 70 of 132 settlement agreement version07a We, CLIFFORD WESTON BLASI and DEVIKA BLASI, the owners of 2409A La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A, Read. I have read this Global Settlement Agreement or had it read to me. D, Understand. I undersland the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing un Qiis signature page is meant to limit or change the terms of the Global Settlement Agreement. F. waiver of Civil Code_a_1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to htm or her, must have materially affected his or her settlement with the debtor. 1 understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state nr jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: D IW f- CLIFFORD. WESTON BLASI A, By:lJ f . . CLIFFORD WESTON BLASI GflQ9A La Costa Avenue DATED: O//5A^r DEVIKA BLASI By:^7 DEVIKA BLASI 2409A La Costa Avenue 75 Of 136 settlement «gr«OKnt,versieii07a ACKNOWLEDGEMENT State of California A^L*-County of, On Datt me, personally appeared ) ) ss. Name and Tlilc of Officer (e.g.. "Jane Doe, Notary tffiblic) \OFFICIAL SEAL VICKICOLLO - [NOTARY PUBLIC-CALIFORNIAS COMM. NO. 1 §98586 ^SAN DIEQO COUNTY |MY COMM. EXP. JULY 81.2009 § a personally known to me proved to mo on the basis of satisfactory evidence to be the persons/whose names^is/^^ubscribed to the witliin instrument and acknowledged to me that he/sheflHev^ executed the same in his/her/tjjejpairthorized capacity(iesj) and that by his/her/^ficir)lsignatiire(^pon the instrument the person£sp or the entity upon behalf of which the pwson(|j) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMErO: AGREEMENT AINU KSC'KOVV Document Date:_ _J\fumber ofPases: Capacity(ies) Claimed by Signer Signer's ^Hndividual a Corporate Officer - Title(s): a Partner- a Kimited o General a Attorney-in-Fact D Trustee D Guardian or Conservator u Other; Signer is Representing:_ Page 76 of 136 settlement agrccment.vcr5ion07n We, MICHAEL GIBBS and LARA GIBBS, the owners of 24096 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agfeement. DATED:7 DATED: 24096 La Costa Avenue By:. LARA GIBBS 24098 La Costa Avenue Page 73 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California <rCounty of Z^fift On 6 k JQ'l 'Date personally appeared before me, SARAHJ.SIRACUSA COMM. #1617329 Notary Public • California San Diego County - My Comm. Expires Oct. 31, 2009»—^^.•V,.^>F—v—.^,1 u^fr'^r-^J* -V - ss') X/£> W Name and Title of Officer (e.g., "Jane Doe, ftotary Public) ftl^A rU / -c. . Name(s) of Signer(s) a personally known to me ^proved to me on the basis of satisfactory evidence to be the person© whose names@ •is/are subscribed to the within instrument and acknowledged to me that ie&he/they executed the same in bisAe*/their authorized capacit^jp), and that by -his/her/their signaturq{f) on the instrument the persoij^, or the entity upon behalf of which the person© acted, executed the instrument. WITNESS my hand and official seal. Sigi\gjnre of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual n Corporate Officer - Title(s): n Partner - n Kimited n General n Attorney-in-Fact o Trustee D Guardian or Conservator n Other: Signer is Representing:, Page 74 of 132 settlement agreement version07a I, M. LAWRENCE KOPP, the owner of 24090 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: ft/6/6' / M. LAWRENCE KOPP By: WRENpEKDP 24090 La Costa Avenue Page 75 of !32 settlement agreement version07a ACKNOWLEDGEMENT State of California County of_ On (Su Cfl before me, Date personally appeared Notary PUMC ) ss. <?\3<e>VAC Name and Title of Officer (e.g., "Jane Doe, Notary Public) Name(s) of Signer(s) D personally known to me n proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: CAo • C^lc • CH Number of Pages: \ Capacity(ies) Claimed by Signe Signer's Name ^(individual D Corporate Officer - Title(s): a Partner - a Kimited a General D Attorney-in-Fact o Trustee n Guardian or Conservator D Other: Signer is Representing:, Page 76 of 132 settlement agreement version07a State of California County of San Diego ACKNOWLEDGEMENT ) ss. On July 17, 2007before me, Joyce E. Gray, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared M. Lawrence Kopp- Name(s) of Signers) ^^^^fci^^^^V^^^^i^^^^i^^^^i^^>^»JOYCEE-ORAYV COMM.f 1494318 f NOTARYPOBUC •CALIFORNIA & •m,. SAN DIEGO COUNTY •* V Corwn. Exp. JUNE 8.2008^ ^^^f^f^t^^^^^^^^^^^^^^^^^^^^^^^^ a proved to me on the basis of satisfactory evidence to be the person^f'whose names(s^ is/ace subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same in his/hor/thoir authorized capacity(4es)-, and that by his/her/their signature(s^T on the instrument the person^)' or the entity upon behalf of which the person^' acted, executed the instrument. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual n Corporate Officer - Title(s): a Partner - a Kimited a General a Attomey-in-Fact a Trustee a Guardian or Conservator a Other: Signer is Representing:, Page 80 of 136 settlement agreement.version07a ACKNOWLEDGEMENT 5 of California ) A ^ SS'ntvof^r^n tJ»f<5rB )J I i ^S*6 / b 1 d "7 before me, 3 Qrti A rT. Srratustf.M?/artjPuhl*^ personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary PubHc) i Name(s) of Signer(s) D personally known to me ^proved to me on the basis of satisfactory evidence to be the person(s) whose names'*) is/a»- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tfaeif- authorized capacity(-i»e), and that by iis/her/tk«ir signature's) on the instrument the person's), or the entity upon behalf of which the personfs) acted, executed the instrument. WITNESS my hand and official seal. SARAH J. SIRACUSA \, COMM. #1617329 z Notary Public • California § San Diego County -» My Comm. Expires Oct. 31,2009 P ture of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: n Individual a Corporate Officer - Title(s): n Partner — n Kimited D General n Attomey-in-Fact D Trustee n Guardian or Conservator D Other: Signer is Representing:, Page 78 of 132 settlement agreement versionOVa I, LINDA P. TILLOTSON, the owner of 24116 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: "I fI V / / LIMDA-PrTHiOTSON )TSON 24118 La Costa Avenue Page 79 of 132 settlement agreement versionOVa ACKNOWLEDGEMENT State of California County of_2_£L£L On (a J(j A) 7 'Date/ ) ss. before me,CT <SV t £. lame and Title of Officer (e.g., "Jane Doe'Notary Public) / personally appeared L t VIU A. f . \) M 0 I SARAH J. SIRACUSA I COMM. #1617329 z Notary Public - California g San Diego County -* My Comm. Expires Oct. 31,2009 \ Name(s) of Signer(s) a personally known to me ^proved to me on the basis of satisfactory evidence to be the person(-s) whose names(s) is/ate- subscribed to the within instrument and acknowledged to me that he/she/fe«ji executed the same in his/her/tbeit authorized capacity(ie&), and that by ias/her/thei*. signature^ on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. L/ ure of NotaryPublic Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: n Individual n Corporate Officer — Title(s): n Partner - a Kimited a General D Attorney-in-Fact n Trustee a Guardian or Conservator n Other: Signer is Representing:_ Page 80 of 132 settlement agreement version07a I, RYAN H. MOURITZEN, an owner of 2413A La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code S 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: <(> /£ (o~l RYAN H. MOURITZEN :a Avenue Page 8l of 132 settlement agreement versionOTa ACKNOWLEDGEMENT State of California County of „_ On Da t-ert ) ss. before me,\ ~J. . Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared r\ )j-. SARAH J. SIRACUSA \ COMM. #1617329 z Notary Public • California g San Diego County My Comm. Expires Oct. 31,2009 \ Name(s) of Signer(s) a personally known to me ^proved to me on the basis of satisfactory evidence to be the person^s) whose names^s) is/aw subscribed to the within instrument and acknowledged to me that he/aho/they executed the same in his/her/their authorized capacity(4es), and that by his/her/their signature's) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. , WITNESS my hand and official seal. Signpture of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: D Individual a Corporate Officer - Title(s): n Partner — a Kimited a General a Attorney-in-Fact n Trustee D Guardian or Conservator D Other: Signer is Representing:, Page 82 of 132 settlement agreement version07a I, STEPHEN A. NEVILLE, an owner of 2413A La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED:(<3/I57QU-- STEPHEN STEVEN A. NEVILLE 24ISA La Costa Avenue O/ OI loD settlement agreement. version07a ACKNOWLEDGEMENT State of California County of_ ) ) ss. _) On before me, Date personally appeared _ Name and Title of Officer (e.g., "Jane Doe, Notary Public) ROBERT V. SMI in Commission* 1695324 Notary Public • Calltomta Name(s)of Signer(s) D personally known to me to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to within instrument and acknowledged to me that he/she/1 executed the same in his/her/their authorized capacity( and that by his/her/their signature(s) on the instrument person(s), or the entity upon behalf of which the perso acted, executed the instrument. WITNESS Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: n Individual n Corporate Officer - Title(s): a Partner - n Kimited D General a Attorney-in-Fact n Trustee a Guardian or Conservator a Other: Signer is Representing:_ Page 88 of 136 settlement agreement.version07a I, ROBERT C. DIPLOCK, the owner of 24136 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: (j 4t ' 01 By: ROBERT C/DIPLOCK 24136 La Costa Avenue ROBERT C. DIPLOK Page 85 of132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of <aKv> O\^ CaC> On oVo CiU-CO before me, Date personally appeared ) ss. tx IN to<yavVs«3bV VVJfeVAC Name and Title of Officer (e.g., "Jane Doe, Notary Public) OfMHAAROMNSON |f*4MVMv^^^bw% A i j^^fc^mo • NdoyPuMc-Coltomla \ •anOtogoCourty I.wd Name(s) of Signer(s) D personally known to me a proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: bV>-faVo-cn Number of Pages: \ Capacity(ies) Claimed by Signer Signer's Name: V Individual a Corporate Officer — Title(s): o Partner - D Kimited n General D Attorney-in-Fact n Trustee a Guardian or Conservator D Other: Signer is Representing:_ Page 86 of 132 settlement agreement versionOTa ACKNOWLEDGEMENT State of California County of San Diego ) ss.J On July 16, 2007before me, Joyce E. Gray, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared Robert C. Diplock- JOYCE E. GRAY COMM. #1494318 NOTARY PUBLIC •CAUKNWA \ SAN DIEGO COUNTY -* Comm. Exp. JUNE 8.2008 Name(s) of Signer(s) B-persemlly known te-iae- H proved to me on the basis of satisfactory evidence to be the person(S) whose namesi^f is/ase subscribed to the within instrument and acknowledged to me that he/tehe/they executed the same in. his/hor/thoir authorized capacity^iss), and that by his/her/their signatureJXf on the instrument the personJXf, or the entity upon behalf of which the person^) acted, executed the instrument. WITNESSony hand and official seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual n Corporate Officer - Title(s): a Partner - n Kimited a General D Attomey-in-Fact D Trustee D Guardian or Conservator n Other: . Signer is Representing:, Page 90 of 136 settlement agreement.version07a I, KATHRYN M. BANNISTER, an owner of 2413C La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED:(///t>//7 -T KATHRYN M. B^NNIST, N M. BANNISTER La Costa Avenue Page 91 Of 136 settlement agreement.versionOTa ACKNOWLEDGEMENT State of California County of jTffrt Q On /e-/3 -Q 7 before ) ss. Date A/0/a personally appeared )^ A /"A f-U / Name and Title of Officer (e.g., "Jane Doe, Notary Public) f £l f\ l\ t SARAH J. SIRACUSA [ COMM. #1617329 z Notary Public - California g San Diego County My Comm. Expires Oct. 31. 2009 [ Name(s) of Signer(s) D personally known to me '^proved to me on the basis of satisfactory evidence to be the person^) whose names^s) is/a*«- subscribed to the within instrument and acknowledged to me that he/she/tJwy executed the same in his/her/then- authorized capacity(i«s), and that by Ws/her/theif- signature^ on the instrument the person(s), or the entity upon behalf of which the person(*) acted, executed the instrument. WITNESS my hand and official seal. Signjttu* of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual a Corporate Officer - Title(s): n Partner - a Kimited a General D Attorney-in-Fact n Trustee n Guardian or Conservator a Other: Signer is Representing:_ Page 92 of 136 settlement agreement.version07a I, CINDY K. BRODERDORF, an owner of 2413C La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: fe> •r-^O2r- CINDY K. BRODERDORF "CINDY K. BRODERDORF 2413C La Costa Avenue 93 Of 136 settlement agreement.versionOVa State of California County of OnAmu M, t (/ Date personally appeared before me, ACKNOWLEDGEMENT ) ss. Sue d Durkovich , CL. Name and Title of Officer (e.g., "Jane Doe, Notary Public) SUE C. DURKOVTCH Commission * 1660978 Notary Public • California San D'«go County My Comm. Bq*M AMOl 1.2010 1 Name(s) of Signer(s) ^personally known to me n proved to me on the basis of satisfactory evidence to be the persoiu^f whose namesj^s-) is/.are- subscribed to the within instrument and acknowledged to me that>he/srie/tJiey executed the same in J*rs7her/their~ authorized capacity(jes), and that by JrisT'her/thstr signature^ on the instrument the person^8)T or the entity upon behalf of which the persoij£s)~ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: A^^uz- f*f. A Q-g ? Number of Pages: / Capacity(ies) Claimed by Signer Signer's Name: ^Individual n Corporate Officer - Title(s): a Partner - a Kimited D General n Attorney-in-Fact D Trustee n Guardian or Conservator n Other: Signer is Representing:_ Page 94 of 136 settlement agreement.version07a I, SHERRIE. BEHAR, the owner of 24156 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code 8 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: \ ^A Q "^ SHERRI E. BEHAR SHERRI E. BEHAR 24156 La Costa Avenue Page 91 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of Jh O ) ss. On ^ I Is /Q'7 before me, T$&f aJ\ C7T Date' Name and Title oName and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared 5")-\ern £. SARAH J. SIRACUSA ICOMM. #1617329 2Notary Public - California % San Diego County " My Comm. Expires Oct. 31^2009 f Name(s) of Signer(s) D personally known to me £i proved to me on the basis of satisfactory evidence to be the person^ whose names^s) is/are subscribed to the within instrument and acknowledged to me that •he/she/they- executed the same in iis/her/thea1- authorized capacity(ies)-, and that by his/her/fee»-signature(s) on the instrument the person(-s), or the entity upon behalf of which the person(«^ acted, executed the instrument. WITNESS my hand and official seal. ire of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual D Corporate Officer - Title(s): D Partner - D Kimited D General a Attorney-in-Fact a Trustee n Guardian or Conservator D Other: Signer is Representing:_ Page 92 of132 settlement agreement versionOTa I, BETTY FLENNIKEN (aka BETTY MOLNAR), the owner of 2415C La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: (p/ It/fitDO 7 BETTY FLENNIKEN (aka BETTY MOLNAR) 97 Of 136 settlement agreement.versionOTa ACKNOWLEDGEMENT State of California County of ^*^-^f<^ OnlHO^O-T- bef< Date personally appeared ) ) ss.»° ) Name and Title of Officer (e.g., uWJo "Jane Doe, Notary Public) vr CISSY SONGALIA Commission # 1475695 D3 Notary Public - California f San Diego County f ^ My Comm. Expires Mar 9,2008P ^Sqp.-tlOMyp l(<ar^S«qa»»W»'1«SS>1"'Si!"4> / Name(s) of Signer(s) D personally known to me Vproved to me on the basis of satisfactory evidence to be the personps) whose names^s) is/arc subscribed to the within instalment and acknowledged to me that .he/she/they executed the same in hts/her/the»-authorized capacity(4es), and that by -kts/her/thew- signature^) on the instrument the person(*}, or the entity upon behalf of which the person^;)., acted, executed the instrument. WITNESS my hand and official seal. Si^wttffe of Notary PftWic Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: _ Number of Pages: _ Capacity(ies) Claimed by Signer Signer's Name: n Individual D Corporate Officer - Title(s): D Partner - a Kimitcd a General D Attorney-in-Fact D Trustee a Guardian or Conservator D Other: Signer is Representing:_ 98 OI 136 settlement agreement. version07a I, TODD L. BREEDING, the owner of 2415F La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. 7-AZ-olDATED:_L_i±L_r_ TODD L. BREEDING By: / TODD L. BREEDING / 2415F La Costa Avenue Page 99 Of 136 settlement agreement. W**ion07» ACKNOWLEDGEMENT State ofCalUbmia. County of Date personally appeared before me, PT>X> Name and Title of Officer (e.g., "Jane Doe, Notary Public) Name(s) of Signerfs) H^ersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument JARED CRAWFORD \ Notary Public, State of Texas MY Commission Expires December 1 j, 2008 Signature of Notary Public Description of Attached Document Tide or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: _ Number of Pages: _ Capacity(ies) Claimed by Signer Signer's Name: a Individual n Corporate Officer - Title(s): a Partner - D Kimited n General a Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer is Representing:_ 100 Of 136 settlement agnKment.ver*iDn07a I, TODD L. BREEDING, the owner of 24isF La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code 8 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: £"<t "0*7 TODD L. BREEDING TODD L. BREEDING Costa Avenue Page 95 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of ^tvva ) ss. On CSV bW CO before me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared KbDO DENBi AA. ROBINSON ComrrtMlon 01668669 Notary PuWte-CotttomJa San 01090 County My Conm Expire* Moy21.201C Name(s) of Signer(s) D personally known to me Na/proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Ca\o- C&a-CTl Number of Pages: \ Capacity(ies) Claimed by Signer Signer's Name: Individual n Corporate Officer - Title(s): n Partner - n Kimited n General n Attorney-in-Fact n Trustee D Guardian or Conservator n Other: Signer is Representing:_ Page 96 of 132 settlement agreement version07a We, JOHN E. KENNEY and YOLANDA P. KENNEY, the owners of 24ISA La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code i 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: ' ' * ' / JOHN E. KENNEY DATED: OLANDA P. KENNBY_ 24ISA La Costa Avenue Page 101 Of 136 settlement agreement.version07a ACKNOWLEDGEMENT State of California County of On Q ) ss. J before me, fe- Date personally appeared _± Name and Title of Officer (e.g., "J&e Doe, Notary Public) •••""••""•••••*| OFFICIAL SEAL I B. BAKER s NOTARY PUBLIC-CAj COMM.NO. 171 SAN DIEGO "MYCOMM.EXP, MIA I /• I / C.VfW I & —")COUNTY |"FEB. 12.20111 approonallylcnowHtomc ^proved to me on the basis of satisfactory evidence to be the person(spwhose name^-if^fe)subscribed to the within instrument and acknowledged to me that he/shei^^ejr executed the same in liih/lieujfnejt) authorized capaciW^esl and that by hi»%er/(^jt)signature(2))on the instrumenTTne perso)^? or the entity upon behalf of which the person(s£) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: T/ «%^W gL/C> &%.Number of Pages: Capacityries) Claimed by Signer Signer's Name:__\ D Individual o Corporate Officer - Title(s)L n Partner - a Kimited o General D Attorney-in-Fact n Trustee n Guardian or Conservator a Other. Signer is ;tmg:_ Page 102 of 136 settlement agreement.version07a We, JOHN E. KENNEY and YOLANDA P. KENNEY, the owners of 2415^ La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B.Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 154.2. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED:JOHN E. KENN DATED: /YOLANDA P. KENNED Costa Avenue Page 97 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of_ ) ss. On few faW before me, Date personally appeared Name and Title of Officer (e.g., "Jane Doe, Nolary Public) ir HfalKVafoK Name(s) of Signer(s) D personally known to me XPr°ved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. •AAROMNSON Commt«ton# 1668689 NotayPuMe-CaMomia Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: to<o ttVa tTI Number of Pages: \ Capacity(ies) Claimed by Signer Signer's Name: ^Individual n Corporate Officer -(Ti n Partner - D Kimited nGeneral n Attorney-in-Fact a Trustee D Guardian or Conservator n Other: Signer is Representing:, Page 98 of 132 settlement agreement version07a I, TERI L. ARENZ, the owner of 2421A La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED : By: TERI L. AREJ 2421A La Qosta Avenue 103 01 136 settlement agreement.version07a ACKNOWLEDGEMENT State of California ) County of c3 &n U J--&£fn ) On (, } i Z J67 before me, ^'/iraJ\ 3~. ^raCJtSti j\JB ifzif 'Date ' Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared | -f?f~ } L-« Name(s) of Signer(s) D personally known to me ^t proved to me on the basis of satisfactory evidence _^ to be the person(e) whose names(s) is/are-subscribed to the SARAH J. SIRACUSA ~ \ within instrument and acknowledged to me that he/she/they COMM. #1617329 z executed the same in his/her/thei* authorized capacity(i«9), Notary Public -California Q and that by -hts/her/tiwHf signature(s) on the instrument the M« rofrnn.nExi)1r9e° Oct^l. 2009 f person^ or the entity upon behalf of which the person® t „ „• wr« „ u •'• ii acted, executed the instrument. WITNESS my hand and official seal. Sign|t/e of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: D Individual n Corporate Officer - Title(s): D Partner - D Kimited D General n Attorney-in-Fact n Trustee a Guardian or Conservator a Other: Signer is Representing^ Page 104 Of 136 settlement agreement.vcrsionOTa I, TERIL. ARENZ, the owner of 242iA La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1S42. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED TERI L. ARENZ 242iA La Costa Avenue Page 99 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of StsVa D'v^ C=Q ) ss. before me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) PV33UC personally appeared IAAROMNSON Commmton»1668669 NolOfy Pubtc * Cottfomla J tan Otogo Countyty f MM* Name(s) of Signer(s) n personally known to me ^proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. >J. O. O- Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: foSr. * fe^ • CTI / /Number of Pages: \ Capacity(ies) Clai Signer's Name:_ y. Individual n Corporate Officer-Title(s): n Partner — n Kimited n General a Attorney-in-Fact a Trustee a Guardian or Conservator D Other: Signer is Representing: Page1OO of 132 settlement agreement versionOVa I, MICHELE P. CAIN, individually and as trustee of the MICHELE P. CAIN FAMILY TRUST, UNDER DECLARATION OF TRUST DTD 8/io/2Oo6the owner of 24216 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code S 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: / Ml / / MICHELE P. CAIN FAMILY TRUST, UNDER DECLARATION OF TRUSTOTD 8/10/2006 ELE P. CAIN, TRUSTEE 24216 La Costa Avenue DATED: W I I/ / 1)1 MICHELE P. CAIN MIf HELE P. CAIN 24216 La Costa Avenue Page1O1 of 132 settlement agreement versionOTa ACKNOWLEDGEMENT State of California County of .3<flH On < T'D Da ) ss. _) before me, personally appeared In I <Q SARAH J. SIRACUSA [ COMM. #1617329 z Notary Public • California % San Diego County ° My Comm. Expires Oct. 31 2009J i^^_ Name and Title of Officer (eTg., "JaneT>oe, Notary Public) .L Name(s) of Signer(s) p personally known to me j» proved to me on the basis of satisfactory evidence to be the person(s)- whose names(s) is/ate-subscribed to the within instrument and acknowledged to me that -he/she/tiiey executed the same in his/her/their authorized capacity(ie6), and that by hWher/tbei* signature(9)- on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. c ignature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual n Corporate Officer - Title(s): D Partner - a Kimited a General D Attomey-in-Fact n Trustee D Guardian or Conservator n Other: Signer is Representing:, Page 102 of 132 settlement agreement versionOTa We, JODY NICHOLAS and TANIA NICHOLAS, the owners of 2423B La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. B. Agreement. Read. I have read this Global Settlement Agreement or had it read to me. Understand. I understand the meaning and effect of this Global Settlement C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D.Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED:JODY NICHOLAS DATED: TANIA NICHOLAS 2423B La Costa Avenue Page 107 of 136 settlement agreement.versionOTa ACKNOWLEDGEMENT State of California County of /)/9 *J On 6//3/0"? Date personally appeared K^f o before me, ) ss. Name and Title of Officer (e.g., "Jane Doe, A>)J6./Voi45 ft W f*& Notary Public) Name(s) of Signer(s) a personally known to me ^proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) j£/are subscribed to the within instrument and acknowledged to me that •he/sfte/they executed the same in 4«*%er/their authorized capacity(ies), and that by hts/hcr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS ^Olfe'/ flJl(,H6('i& ^dM ^'^^Number of Pages:Document Date:_ Capacity(ies) Claimed by Signer Signer's Name:_ /^Individuals a Corporate Officer - Title(s): n Partner - a Kimited a General n Attorney-in-Fact a Trustee D Guardian or Conservator n Other: Signer is Representing:, Page 108 of 136 settlement agree ment.version07a I, BUFORD GRAHAM WELLS, the owner of 2425A La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code 8 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: V I VI I/ / BUFORD GRAHAM WELLS rx o MIBy: fiUFORI>QRAHAM WELLS 2425A La Costa Avenue Page 1O5 of 132 sett lament agreement versionOVa ACKNOWLEDGEMENT On ; of California «-» (\ntvof rjfitsi U ^~i>a Z>J 4} / le I &~7 before me, 4. ) ) ss. ) sa ./d^4fff^ rut^)l^r ate/Name and Title of Officer (e.g., "Jane Drfe, Notary'Public personally appeared /J<A-£*>r/"f- @rVYtntfM uj^> (j ^ Name(s) of Signer(s) SARAH J. SIRACUSA COMM. #1617329 z Notary Public • California 5 San Diego County -* My Comm. Expires Oct 31.J009J o personally known to me /O proved to me on the basis of satisfactory evidence to be the person(s) whose namesfc) is/we subscribed to the within instrument and acknowledged to me that he/sie/they executed the same in his/hei&heir authorized capacity(ies), and that by his/hor/thcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sqal. HA A. U-l U :ure of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual D Corporate Officer - Title(s): o Partner - n Kimited n General n Attorney-in-Fact D Trustee D Guardian or Conservator o Other: Signer is Representing:, Page 1O6 of 132 settlement agreement version07a I, JEFFREY ALBERT OLDHAM, the owner of 2425C La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, If known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: O"'1-* "a[ JEFFREY ALBERT OLDHAM By:_ JEFFREY ALBERT OLDHAM 2425C La Costa Avenue Page 111 Of 136 settlementagreement.veraion07a ACKNOWLEDGEMENT SUtle of California ^"/ry ^ County rtJ^ICWST/fr Name and Title of Officer (e.g., "Jane Doe,/ personally appeared .rt««"""«ii/.. EDGAR B. TRU1TT Notary Public | In and for the State of Ohio My Commission Expires February 02, 2009 D personally known to me a proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: t J o Capacity(ies) Claimed by Signer Signer's Name:0 iQ ^Individual a Corporate Officer - Title(s): a Partner - o Kimited a General n Attorney-in-Fact a Trustee a Guardian or Conservator a Other: Signer is Representing:. Page 112 of 136 settlement agreement.veraionQVa I, APRIL PARKS, the owner of 2425E La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. -CPrDATED: V/ I \9 ^ ' APRIL PARKS By:_ APRIL PARKS 2425E La Costa Avenue Page 113 Of 136 settlement agreement. version07a ACKNOWLEDGEMENT State of GaHfemia—• t&os^, «• County of £juJ:/iAji "77 /f . Date personally appeared ore me. ) ss. Nmic Hfio -AjL\l rifle of 0Offider (e.g., "Jane Doe, Notary Public) Name(s) of Signers) a personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature^) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Description of Attached Document Title or Type of Document GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual D Corporate Officer - Title(s): D Partner - n Kimited n General a Attorney-in-Fact n Trustee a Guardian or Conservator a Other: Signer is Representing:, Page 114 of 136 settlement agreement.versianOTa COPY I, TORPAKAIHARARI, the owner of 2425$ La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: 6 -£,- o"/ TORPAKAI HARARI Bv:rMLk TORPAK)RPAKAI HARARI 2425F La Costa Avenue DATED: TORPAKAI HARARI By:. ATA HARARI on behalf of TORPAKAI HARARI 2425F La Costa Avenue Page 111 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of On b I to } 0"? personally appeared /3 before me, ) SS') ra CT- S Name and Title of Officer (e.g., "Jane Doe, Notary Pub/c) SARAH J. SIRACUSA [, COMM. #1617329 z Notary Public • California gSan Diego CountyMy Comm. Expires Oct. 31.2009 f Name(s) of Signer(s) D personally known to me X proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/aw-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tk»k authorized capacity(ies), and that by his/her/their signature^) on the instrument the person(»), or the entity upon behalf of which the person(*) acted, executed the instrument. WITNESS my hand and official seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: n Individual n Corporate Officer - Title(s): n Partner - D Kimited a General n Attomey-in-Fact n Trustee D Guardian or Conservator D Other: Signer is Representing:, Page 112 of 132 settlement agreement version07a I, TORPAKAI HARARI, the owner of 2425F La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: TORPAKAI HARARI By: TORPAKAI HARARI 242 5F La Costa Avenue TORPAKAI HARARI By:. on behalf of TORPAKAI HARARI 242 5F La Costa Avenue Page 115 OI 136 settlement agreement.version07a ACKNOWLEDGEMENT State of California County of /an ) ss. On T.AL ]f 2061 before me, J Date ' personally appeared \\\(A \ Name and Title of Officer (e.g., "Jane Doe, Notary Public) Namc(s) of Signcr(s) n personally known to me ^proved to me on the basis of satisfactory evidence to be the personfs)" whose names(-9)- is/we subscribed to the within instrument and acknowledged to me that he/she/limy executed the same in his/her/their authorized capacity(ies), and that by liis/hee^heir signature(a) on the instrument the person(s); or the entity upon behalf of which the personfs) acted, executed the instrument. WITNESS handjmd officia>seal \ ~ .fNol Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual a Corporate Officer - Title(s): D Partner - n Kimited a General D Attorney-in-Fact n Trustee n Guardian or Conservator p Other: Signer is Representing:, Page 116 of 136 settlement agreement.version07a COPY I, SHARON F. KEITH, individually and as trustee of the SHARON F. KEITH TRUST DTD 8/29/1988, the owner of 242yA La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1.542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Sectic n 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: (O /' O SHARON F. KEITH TRUST DTD 8/29/1988 SHARON F. KEITH, TRUSTEE 242yA La Costa Avenue DATED: <^/ ' O/ U / SHARON F. KEITH V Bv: Js^ SHARON F. KEITH 242yA La Costa Avenue Page 113 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of On Date personally appeared me, CARRIE MARONE Comrrtaton* 1630633 Notary PuWc - Canon* Soft Dtogo Courtv ^^ MvCofnm.&pHB»Deciy.2(10g ) ) ss. _) Mfl.flW. "Name and Title of Officer (eg., "Jane Doe, Notary Public) ' t g (+T) Name(s) of Signer(s) n penionnlly knmvn tn ma EXproved to me on the basis of satisfactory evidence to be the person^ whose name§(S)Lis*aft subscribed~4p the within instrument and acknowledged to me that rraZl^^thjsy^ executed the saine.. in jfcs/hei^tMib authorized capacityO^), and that by ^^tieptjksfc signaturel^J" on the instrument the persorij^ or the entity upon behalf of which the person^1 acted, executed the instrument. WITNES hand and officialseal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pa»es: Capacity(ies) Claimed by Signer Signer's Name: n Individual n Corporate Officer - Title(s): D Partner - n Kimited n General n Attorney-in-Fact D Trustee n Guardian or Conservator D Other: Signer is Representing:, Page 114 of 132 settlement agreement version07a I, VIRGINIA L. WALTERS, the owner of 2427B La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1 542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. :6//3/a?- L DATED: ' 3 VIRGINIA 'jL WALTERS By:_ ' VIRGINIA L. WALTERS 2427B La Costa Avenue Page 119 Of 136 settlement agreement.version07a ACKNOWLEDGEMENT State of California <?' ftCounty of -.3^/1 Vi-€<30 on /Date ' personally appeared P before me, ss-) rztr Name and Title of Officer (e.g., "Jane Doe, Notary Public) ' L. i SARAH J. SIRACUSA \ COMM. #1617329 z Notary Public • California g San Diego County Comrn. Expires Oct. 31^2009 { Name(s) of Signer(s) n personally known to me W proved to me on the basis of satisfactory evidence to be the person(») whose names(s) is/ate, subscribed to the within instrument and acknowledged to me that •he/she/the)'- executed the same in his/her/their authorized capacity(i«&), and that by Ms/her/their signature^ on the instrument the person(s), or the entity upon behalf of which the person(s)- acted, executed the instrument. WITNESS my hand and official seal. ure of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual n Corporate Officer- Title(s): n Partner - o Kimited n General a Attorney-in-Fact n Trustee a Guardian or Conservator n Other: Signer is Representing:_ Page 120 of 136 settlement agreement.version07a I, CHRISTINE K. CHRYSSOVERGIS, individually and as trustee of the CHRISTINE K. CHRYSSOVERGIS REVOCABLE TRUST DTD 4/4/2006, the owner of 2429B La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: ^ "" * " ^°^=f~ THE CHRISTINE K. CHRYSSOVERGIS REVOCABLE TRUST DTD 4/4/2006 Bv: CHRISTINE K. CHRYSSOVERGIS, TRUSTEE 2429B La Costa Avenue DATED: to~) ">" ^W f CHRISTINE K. CHRYSSOVERGIS ^k^i f/i^/ (C By:. CHRISTINE K. CHRYSSOVERGIS 2429B La Costa Avenue Page 121 Of 136 settlement agreement.version07a ACKNOWLEDGEMENT State of California Countv of J5rfiA P S-P&t ft On 6?"l"3 -07 before me, ^ Date personally appeared C/lr/"^"/~T ) ) ss. ) ?ar <&A T. JSVr <£ru so i/\lo iW w Pt< /D /IT - Name and Title of Officer (e.g., "Jane Doe/Notary Public) 1 IA.-& K , C'h f V SS & V*>r & ) ^ f "Tf^U S v-^t* SARAH J.SIRACUSA COMM. #1617329 z Notary Public • California g San Diego County My Comm. Expires Oct. 31.2009 f yame(s)ofSigner(s) ~J a personally known to me ^proved to me on the basis of satisfactory evidence to be the person^s} whose names(s) is/a*e- subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in his/her/their authorized capacity(ies-), and that by his/her/theif signature(s-) on the instrument the person^*), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . UU< Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date:^ Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual n Corporate Officer - Title(s): n Partner - a Kimited a General D Attorney-in-Fact n Trustee n Guardian or Conservator D Other: Signer is Representing:_ Page 122 of 136 settlement agreement.version07a State of California County of ACKNOWLEDGEMENT ) ) On ^ ri ' yof O^/\ UT^&ID ) 6 - /3-#7 before me, fHaraA 3~> Sffacus<\ A^Tzzry Date Name and title of Officer (e.g., "Jane DoS, Notary Public) / personally appeared SARAH J.SIRACUSA COMM. #1617329 z Notary Public • California §San Diego CountyMy Comm. Expires Oct. 31.2009 f o\ 'r cXSigner(s) n personally known to me approved to me on the basis of satisfactory evidence to be the person(s>) whose names(9) is/sn*. subscribed to the within instrument and acknowledged to me that fee/she/they executed the same in his/her/tbek authorized capacity(ies), and that by his/her/feea1 signature^ on the instrument the person(&), or the entity upon behalf of which the person(s)- acted, executed the instrument. WITNESS my hand and official seal. Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: a Individual D Corporate Officer - Title(s): a Partner - D Kimited D General n Attorney-in-Fact n Trustee D Guardian or Conservator n Other: Signer is Representing:, Page Il8 of 132 settlement agreement version07a I, JEANNE R. BOSCO, individually and as Trustee of the BOSCO FAMILY TRUST, INITIALLY CREATED 6/11/1998, the owner of 243iA, 2431? and 24330 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED BOSCO FAMILY TRUST, INITIALLY CREATED 6/4J/1998 DATED JE R. B6SCO, TRUSf EE 243iA, 243iF & 24330 La Costa Avenue JEANNE R. BOSCO 243LA, 243iF & 24330 La Costa Avenue Page 119 of 132 settlement agreement versionOTa ACKNOWLEDGEMENT State of California ) County of v^?/) j)/ffl _ ) l 2001 before me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared CTrf/7/9/9^ Name(s) of Signer(s) n personally known to me ^.proved to me on the basis of satisfactory evidence to be the person^s)- whose names(s){y/aFe- subscribed to the within instrument and acknowledged to me that jieffiie/they- executed the same in ius/®^/their authorized capacity(4es), — ^ - ^ - - ^ - . and that by -his^er/tfecir signature(s) on the instrument the rmJiM "^RATRAO person(s), or the entity upon behalf of which the person(s). Notary Publfc • California | acted> evented me instrument. San Diego County - Comni. Expifes Apf.9u20» j WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: n Individual D Corporate Officer - Title(s): n Partner - a Kimited a General n Attorney-in-Fact n Trustee n Guardian or Conservator D Other: Signer is Representing:_ Page 12O of 132 settlement agreement version07a I, BONNIE M. ILIFF-STEINHAUER, the owner of 24310 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: ^ VeXQX BONNIE M. ILIFF-STEINHAUER X X By: BONNIE M. ILIFF-STEINHAUER 243 iC La Costa Avenue Page 121 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California <£•County of J_KZft On U>)U\O*1 *Daft personally appeared SS") before me,CT Sfr ACUSA / ' )"•€ nJ Name and Title of Officer (e.g., "Jane'Doe, Notary Publfc) fl) . 3H I j --~ — ^ ^ #16*1^29 Notary Public • California ^ San Diego County -»My Comra Expires ct.l209 Name(s) of Signer(s) a personally known to me jB proved to me on the basis of satisfactory evidence to be the person^) whose namesfjs)- is/are- subscribed to the within instrument and acknowledged to me that 4w/she/tbey executed the same in ias/her/feeir authorized capacity(ies), an(^ mat ^Y his/her/Aeir signature^ on the instrument the person^s), or the entity upon behalf of which the personfs) acted> executed the instrument. WITNESS my hand and official seal. ture of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: _ Number of Pages: _ Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer - Title(s): a Partner - D Kimited D General n Attorney-in-Fact a Trustee D Guardian or Conservator D Other: Signer is Representing:, Page 122 of 132 settlement agreement version07a I, EVA DIAZ, the owner of 24310 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code S 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: Page 123 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of_ On NO ts ) ss. Date personally appeared before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public) Name(s) of Signer(s) n personally known to me Improved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. EAAROBMSON Cofiwntttlon iP 1666689 NotayPuMc-CoNfomia fan Otogo County o. o Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: _^~-—' "" (aVo t>\o <6T~7 Number of Pages: \^ )^-=-JL /Capacityf Signer's Na Vlndividual n Corporate Officer - Title(s): a Partner - n Kimited n General n Attorney-in-Fact a Trustee n Guardian or Conservator D Other: Signer is Representing:. Page 124 of 132 settlement agreement version07a I, EVA DIAZ, the owner of 243 ID La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED:ft-EV. Page 127 Of 136 setUcment agreement.version07a ACKNOWLEDGEMENT State of California County of On Date personally appeared before me, £V/f •OEgOCpMy comnlMlon JUNE14. Name and Title of Officer (e.g., "Jane Doe, Notary Public) Name(s) of Signer(s) ^'personally known to me a proved to me on the basis of satisfactory evidence to be the person($ whose names(syis/are subscribed to the within instrument and acknowledgeoto me that he executed the same in his/her/their authorised and that by his^Ier^heir signature^ on the instrument the personfe), or the entity upon behalf of which the person^!) acted, executed the instrument. WITNESS my hand and official seal. Signature of^Jotary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: jd Individual a Corporate Officer - Title(s): D Partner - n Kimited a General a Attomey-in-Fact D Trustee n Guardian or Conservator n Other: Signer is Representing:_ Page 128 of 136 settlement agreement. version07a We, JEFF FOUDY and TINA FOUDY, the owners of 2431E La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code 8 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. "l-vol): f ^DATED: f ^ JEFF Bv: // 243IE La Costa Avenue DATED: TINA FOUDY By:. TINA FOUDY 243IE La Costa Avenue 129 Of 136 settlement agreemant.vereionO7a ACKNOWLEDGEMENT State of California County of_ ) ) ss. Dfte ' personally appeared before me, .5*.V * » Name and T/fle of Officer (e.g., "Jane Doe, Notary Public)/ &CttEV«ONCALVE8 Comwfcgon* 1870407 Notary PuMc Son Oto0o County MyComm. GxphwApr ll. 200t Name(s) of Signer(s) n personally known to me ^>roved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES /^Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: - -> ? ( _ Number ofPaees: / _>/ £?/ Capacity(ies) Claimed by Signer Signer's Name: n Individual D Corporate Officer - Title(s): D Partner - a Kimited a General n Attomey-in-Fact a Trustee n Guardian or Conservator D Other: Signer is Representing:, Page 130 of 136 settlement agreement.version07a JUL. 12.2007 9:52AM CATAIANO LAW SF NO. 7688 P. 1/2 We, JEFF FOUDY and TINA FOUDY, the owners of 243IE La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Aflre*r- I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Coda « 1842. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that 1 may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release doee not extend to claims which the creditor does not know or suspect to exist la hie or her favor at the time of executing the release, which, if known to him or her, mnst have materially affected Ma or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: JEFF FOUDY By:. JEFF FOUDY 243IE La Costa Avenue DATED: / / / (A I/JU ) / TINA FOUDY By: FOUDY 243IE La Costa Avenue ^ Page 129 Of 136 n«l«M«mwe«mem.veminid7« JUL. 12.2007 9:52AM CATAIANO LAW SF NO. 7688 P. 2/2 State of California County of ACKNOWLEDGEMENT ) )ss. On f2-Juty0?- before me, fate personally appealed Nirae utd Tills of Officer (e.g., "Jw* Doe, Nowry Public) \\V\e\ CISSY SONGALIA Commission #1475695 Notary Public - California San Diego County My Comm. Expires Mar 9,2008 a personally known to me ^proved to me on the basis of satisfactory evidence_ to be the penonj(*) whose nametfi) is/are- subscribed to the within instrument and acknowledged to me th« be/sh«/th«y- executed the same in his/her/lbwt authorized capacity(i«), and that by Ms/her/their signature(c)- on the instrument the person(*)rot the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. DcKriptio* of Attached Document Title or Type of Document' CLOBAt Document Date: Capacrty(ies)Cl«fa^lbySlgBer Signer's Name: LEMENT AGREEMENT AND ESCROW INSTRUCTIONS ^Number of Pages: S Individual a Corporate Officer - o Partner - a Kimited a General a Attomey-m-Fact o Trustee a Guardian or Conservator D Other: Signer is Representing:.. Page 130 of 136 We, MATTA AYOUB and TERESA CECILIA AYOUB the owners of 2433A La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages 1 through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: MATTA AYOUB / \ I I 2433A La Costa AvAnOie DATED: '/ /^ ' TERESA CECILIA-TSYOUB TERESA CECJ$A AYOUB 2433A La Costa Avenue Page 131 Of 136 settlement agreementv<:rskm07a ACKNOWLEDGEMENT State of California «v County of ; r) -Ul S13- ) ) ss. On J^A /C, ^00~7 before me, 'bate personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary Public) Name(s) of Signers) a'personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. San Diego County 'My Coftm Expires Dec. 11.2009Description of Attached Document Title or Type of Document. GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Number of Pages: Capaciry(ies) Claimed by Signer Signer's Name: [^Individual a Corporate Officer - Title(s): p Partner - D Kimited n General a Attorney-in-Fact a Trustee a Guardian or Conservator D Other: Signer is Representing:, Page 132 of 136 tettlement agreement.versk>n07a I, KEITH J. ANDERSON, the owner of 24330 La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement (consisting of Pages i through 41), and acknowledge the following: A. Read. I have read this Global Settlement Agreement or had it read to me. B. Understand. I understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreement. D. Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code § 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may have related to the Landslide and the Lawsuits. I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am familiar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED: ^ ^'^/ KEITH J. ANDJERSON La Costa Avenue Page 129 of 132 settlement agreement version07a ACKNOWLEDGEMENT State of California County of. On £>w ) ) ss. Date personally appeared before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public) OENHEAAROWOON Commtntoo* 1668669 Notary PuMc - CoWomta Son Dtogo County Name(s) of Signer(s) a personally known to me ^proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Oc o- Signature of Notary Public Description of Attached Document Title or Type of Document: GLOBAL SETTLEMENT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: OV fe>«- €D Number of Pages: \ Capacity(ies) Clal Signer's Name: / Vlndividual a Corporate Officer - Title(s): n Partner - a Kimited a General D Attorney-in-Fact D Trustee n Guardian or Conservator D Other: Signer is Representing:. Page 130 of 132 settlement agreement versionOTa dL 23. 2007 1, KEITH J. ANDERSON, the owner of 2433C La Costa Avenue, Carlsbad, California, hereby agree to the terms and conditions stated in this Global Settlement Agreement [consisting of Pages 1 through 41), and acknowledge the following: A. Read, 1 have read this Global Settlement Agreement or had it read to me. B. Understand. 1 understand the meaning and effect of this Global Settlement Agreement. C. Advised. I have been advised by my attorney of the meaning and effect of this Global Settlement Agreemeni. D Agree. I agree to the terms of this Global Settlement Agreement. E. Acknowledge. I acknowledge that nothing on this signature page is meant to limit or change the terms of the Global Settlement Agreement. F. Waiver of Civil Code fi 1542. I understand that this Global Settlement Agreement compromises and forever settles all past, present and future claims that I may hav- related to the Landslide and the Lawsuits, I acknowledge the release of claims stated in Section 6 of this Agreement, and that I am fajtniliar with Section 1542 of the California Civil Code, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known to him or her, must have materially affected his or her settlement with the debtor. I understand that, in Section 6.3 of this Global Settlement Agreement, I am waiving and relinquishing all rights and benefits which I have or may have under Section 1542 of the California Civil Code, or the law of any other state or jurisdiction to the same or similar effect to the fullest extent that I may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. DATED \f'£-r-l KEITH J. AN." 2435C La Costa Avenue 133 01 lOO MtlJtment agrccmer.i. ;liL. 2;. 2007 3M8PM CATALAN LA ft1 S' State of California County of On Date personally appeared ACKNOWLEDGEMENT ) ss me, N'amsandTiliiofOflficCf (e.g., "Jar.t-Doe,Noiary Public) £jfe OFRCIALSEAL | B. BAKER I NOTARY PU8LIC-CA!COMMAND. 17i & peruoiiali}' known to me -^ ifrfSroved to me on the basis of satisfactory evidence to be the personis) whose naraesj^^dsflire-stibscribed £c the within iustruraent and acknowledged to me tha^jtg&he/:thay executed the same in (^ytef /their authorized capaciijiiegiif and that bxjjI^H! if/ten, signatui^s^n the instrument Uie person^ or the entity upon behalf of which the person^*-) actedTcxecuted the instrument. / WITNESS my hand and official seal. Signafurc of Notary Pubhc Description of Attached Document Tilis or Type of Document: GLOBAL S£TTLEMEXT AGREEMENT AND ESCROW INSTRUCTIONS Document Date: Claimed by Signer Signer's Name:. s Individual D Corporate Officer - Ti a Partner - n Kimited a Gene a Aticrney-in-Fact c Trustee D Guardian or Conservator c Other: Signer is Repres Numbft ofPa^-: Page 134 of 136 APPROVED AS TO FORM AND CONTENT: DATED: DATED: SCHROEDER & ASSOCIATE. By: shroede'r, Esq. for Plaintiffs LAURIE LINDLEY, M. STRONG, JEFFREY T. WILSON, TO, ERIC SHIPPEN, DENISE ROBINSON, MICHAEL ROBINSON, AUDREY WATSON as guardian of the estate of & SHERMAN SEVERIN LAW OFFICES OF PATRICK E. CATALANO By: / / Patrick E. Catalano, Esq. Attorney for Plaintiffs LA COSTA DE MARBELLA HOMEOWNER'S ASSOCIATION, ROBERT WHITEHEAD, CLIFF BLASI, SHERRI BEHAR, TANIA NICHOLAS, TERI ARENZ, MICHAEL GIBBS, KATHRYN BANNISTER, CINDY BRODERDORF, JOSEPH GORAK, SABINHE TAVAKOLI, ROBERT DIPLOCK, DANIEL KYLE, APRIL PARKS, JASON LEWIS, STEVEN FIEDLER, VIRGINIA WALTERS, LAWRENCE KOPP, MICHELE CAIN, STEPHEN NEVILLE, SHARON KEITH, RYAN MOURITZEN, MATTA AYOUB, BUFORD WELLS, TORPAKAI HARARI, JODY NICHOLAS, TERESA WHITEHEAD, DEVIKA BLASI, TERESA AYOUB, ELIZABETH HENESSY KYLE, LARA GIBBS, EVA DIAZ, BONNIE STEINHAUER, JEFF FOUDY, TINA FOUDY, LINDA TILLOTSON, JOHN E. KENNEY, YOLANDA KENNEY, BETTY MOLNAR, KEITH ANDERSON, ATA HARARI (on behalf of TORPAKAI HARARI), TODD BREEDING, JEFF OLDHAM, JEANNE BOSCO, and CHRTISTINE CHRYSSOVERGIS Page 135 of 136 settlement agreement.version07a DATED:D7/QS/D7 DATED BARTL:LIEVERS By:. " Bradley A. Bartlett, Esq. Attorney for Defendants and Cross- Complainants CITY OF CARLSBAD and CARLSBAD MUNICIPAL WATER DISTRICT McCURDY & FULLER, LLP Attorney f< STATE OF 'dy, Esq. NCE COMPANY O' NSYLVANIA :E Page 136 of 136 settlement agreement.versirmOTa Page 1 of2 Gray, Joyce From: Bill Wheelock [bill@bartlettlievers.com] Sent: Friday, August 10, 2007 11:38 AM To: Gray, Joyce Cc: 'Mary McCurdy' Subject: FW: La Costa de Marbella Joyce: Below is an email from Mary McCurdy confirming that the version of the Global Settlement Agreement executed by ISOP is the same as the version that Mary McCurdy initialed and approved as to form. I believe that this should take care of your question as to what version was executed by ISOP. -Bill Wheelock William D. Wheelock, Esq. BARTLETT & LIEVERS 220 West Grand Avenue Escondido, CA 92025 Phone (760) 738-9789 Fax (760) 738-8733 Bill@bartlettlievers. com From: Mary McCurdy [mailto:Mary.McCurdy@mccurdylawyers.com] Sent: Friday, August 10, 2007 11:19 AM To: bill@bartlettlievers.com Subject: FW: La Costa de Marbella Mary P. McCurdy, Esq. McCurdy & Fuller, LIP 650 618 3501 - direct dial 650 618 3599-fax Please note our new address: 4300 Bohannon Drive Suite 240 Menlo Park, CA 94025 From: Mary McCurdy Sent: Thursday, July 26, 2007 2:02 PM To: 'Jacques' Subject: La Costa de Marbella Jacques: In response to your correspondence of July 25, 2007, the version of the settlement agreement executed by ISOP is the same version of the settlement agreement which contains my initials. Page 2 of2 Mary P. McCurdy, Esq. McCurdy & Fuller, LIP 650 618 3501 - direct dial 650 618 3599-fax Please note our new address: 4300 BoJuinnon Drive Suite 240 Menlo Park, CA 94025 AUG. 7,2008 9:59AM GRAND PROFESSIONAL NO. 890 P. 2 RELEASE OF CLAIMS BY NON-PLAINTIFF HOMEOWNERS Lee I. Jurewitz ("Reieasor") is/are the current owners), of record or otherwise, of 2421 C La Costa Avenue, Carlsbad, California, a condominium within the La Costa de Marbella development. Releasor knows that a landslide occurred in 2005 which damaged condominiums and common area within the La Costa de Marbella development. Releasor knows that the La Costa de Marbella Homeowners' Association ("HO A"), on behalf of itself and each of its members, sued the City of Carlsbad ("City") and the Carlsbad Municipal Water District (" CMWD") for damages caused by the landslide alleging that the City/CMWD's leaking water pipes and other acts and/or omissions caused the landslide. Without admission of liability, the City/CMWD and HOA, as well as the homeowners at La Costa de Marbella that are plaintiffs in the lawsuits referenced in paragraph 4 below ("Lawsuits"), will enter into a global settlement to settle the Lawsuits. Releasor understands that global settlement is contingent upon obtaining releases from owners who are not parties to the Lawsuits, such as Releasor. Releasor hereby approves of the HOA's agreement to the global settlement of the Lawsuits. For valuable consideration set forth in the global settlement and for payment of a total of Twenty Thousand Dollars ($20,000) jointly payable to all of the owners Of record of 2421 C La Costa Avenue. Carlsbad, California, in compensation for Releasor's emotional distress, financial loss, personal, bodily and/or property damage, and ail other loss, known and/or unknown, as Releasor may have sustained, Releasor, for himself or herself and on behalf of Releasor's spouse, family, hete. legal representatives, future owners and assigns, does hereby release and forever discharge the City, CMWD and their insurer, Insurance Company of the State of Pennsylvania under policy no. 4204-1942 for policy period 7/1/2004 through 7/1/2005 (hereinafter "ISOP"), including their employees, insurers, claims administrators, agents, council members, directors, and officers, and the HOA, including its employees, officers and directors, shareholders, members, insurers, agents, representatives, and their successors and assigns (hereinafter "Related Parties") of and from any and all claims, actions, causes of action of any kind or nature at law or in equity (including without limitation claims based on theories of inverse condemnation, negligence, nuisance, dangerous condition of public property, breach of mandatory duty, breach of fiduciary duty, and all other legal theories), demands, rights, damages, losses, costs, attorneys' fees, loss of profits, diminished value, expenses, and compensation whatsoever, which the Releasor now has or which may hereafter accrue, on account of any and all known and unknown and foreseen and unforeseen acts, omissions, conditions, occurrences, incidents, accidents and matters regardless of their nature, including without limitation such acts, omissions, conditions, occurrences, incidents, accidents and matters pertaining to the following: 1 . The landslide at La Costa de Marbella that was discovered in or about February and/or March 2005, that damaged and/or destroyed units 2405A through D and 2407A through D and other portions of the common area at La Costa de Marbella; 2. The water leak in a lateral pipe running from the water main to the fire hydrant at or near 2407C La Costa Avenue that was reported to the City/CMWD on or about March 1 , 2005 and repaired by the City/CMWD on March 2, 2005; 3. The water leak in the 6 inch water main near 2407 A La Costa Avenue reported to the City/CMWD and repaired by the City/CMWD on or about March 11, 2005, including without limitation all actions taken by the City/CMWD with respect to discharging and recharging the water main on March 1 1 , 2005; 4. All matters that are the subject of case number GIC 849380 and the consolidated cases, QIC 850408, GIC 860333, and QIC 862785, filed in the San Diego Superior Court, Central Division; and 5. As to HOA and its Related Parties, any and ail claims arising from, based on, or related to (a) any alleged failures by HOA and/or its Related Parties of maintenance of any portion of La Costa de Marbella, Including both common areas and separate interest (units), which failures are alleged to have occurred at any time prior to the execution of this Release, (b) water intrusion (as to which released claims include any and all damages alleged to be due to mold) alleged to have occurred or commenced at any time prior to the execution of this Release, (c) alleged improper assessments and/or collection activity, which occurred at any time prior to the execution of this Release, (d) alleged improper action by the Board in connection with repairs to any portion of La Costa de Marbella, which occurred at any time prior to the execution of this Release, and (e) alleged improprieties in assessment votes and votes to amend the governing documents of La Costa de Marbella, which occurred at any time prior to the execution of this Release. California Civil Code § 1 542 provides as follows: A general release does not extend to claims which the creditor does not know or Initial AUG. 7.2008 10:OOAM GRAND PROFESSIONAL NO. 890 P. 3 suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor, Releasor hereby waives application of California Civil Code § 1542 and acknowledges that this means that if he or she should suffer any additional injuries, damages, or losses arising out of the landslide, water leaks and Association actions and/or inaction, referred to above that are the subject of the above referenced lawsuits, of which Releasor is not currently aware and which if known would materially affect Releasor's decision to execute this release, he or she will not be able to make any claim for those injuries, damages or tosses against the City, CMWD, ISOP and/or HOA. Releasor hereby represents and warrants (1) that he or she has not heretofore assigned or transferred any claims herein released; (2) that he or she has the requisite authority to enter into this Release; (3) that in executing this Release, he/she has had the opportunity to seek legal advice from the attorney of his/her choice; (4) that the Releasor fully understands the terms of this Release; (5) that Releasor and/or his/her attorney have had an opportunity to review the pleadings in the Lawsuits; and (6) that his/her execution of this Release is knowing, free and voluntary. I Executed this _l3JHay of r\\M£/ r 2007 at []&AV^0lff^ff . California. Lee t. Jurewte Owner(s) of 2421C La Costa Ave., Carlsbad, CA AUG. 7.2008 1Q:OOAM GRAND PROFESSIONAL NO. 890 P. 4 State of California County of On ACKNOWLEDGEMENT ) ss, J Date personally appeared beforfc me, Name and Title of Officer (e.g., "Jane Doe, Notary Public) JLee I..Turewite Name(s) of Signers) a personally known to me ^proved to me on the basis of satisfactory evidence to be the person^J whose names(^fis/artf'subscribed to the within instrument and acknowledged to me that -he/she/fray executed the same in Ms/her/their authorized capacity^), and that by tew/her/their signature^ on the instrument the person^, or the enrity upon behalf of which the person^ acted, executed die instrument WITNESS my hand and official seal. Signature of Notary Public Description of Attached Document Title Or Type of Document: RELEASE OF CLAIMS BY NON-PLAINTIFF HOMEOWNERS Document Date:Dumber of Pages:, Capacities) Claimed by Signer Signet's Name: L&& Cttndividual Q Corporate Officer - Tifle(s); D Partner - D Kimited D General a Attorney-in-Fact a Trustee Q Guardian or Conservator a Other Signer is Representing:, ":"AUG, 7. 2008 10:OOAM GRAND PROFESSIONAL NO. 890 P. 5 RELEASE OF CLAIMS BY NON-PLAINTIFF HOMEOWNERS Ross A, Jurewitz ("Releasor") is/are the current owner(s), of record or otherwise, of 2421C La Costa Avenue, Carlsbad, California, a condominium within the La Costa de Marbella development. Releasor knows that a landslide occurred in 2005 which damaged condominiums and common area within the La Costa de Marbella development. Releasor knows that the La Costa de Marbella Homeowners' Association ("HOA"), on behalf of itself and each of its members, sued the City of Carlsbad ("City'') and the Carlsbad Municipal Water District ("CMWD") for damages caused by the landslide alleging that the City/CMWD's leaking water pipes and other acts and/or omissions caused the landslide. Without admission of liability, the City/CMWD and HOA. as well as the homeowners at La Costa de Marbella that are plaintiffs in the lawsuits referenced in paragraph 4 below ("Lawsuits"), will enter into a global settlement to settle the Lawsuits. Releasor understands that global settlement is contingent upon obtaining releases from owners who are not parties to the Lawsuits, such a$ Releasor. Releasor hereby approves of the HOA's agreement to the global settlement of the Lawsuits. For valuable consideration set forth in the global settlement and for payment of a total of Twenty Thousand Dollars ($20,000) jointly payable to all of the owners of record of 2421 C La Costa Avenue, Carlsbad, California, in compensation for Releasor's emotional distress, financial loss, personal, bodily and/or property damage, and all other loss, known and/or unknown, as Releasor may have sustained, Releasor, for himself or herself and on behalf of Releasor's spouse, family, heirs, legal representatives, future owners and assigns, does hereby release and forever discharge the City, CMWD and their insurer, Insurance Company of the State of Pennsylvania under policy no. 4204-1942 for policy period 7/1/2004 through 7/1/2005 (hereinafter "ISOP"), including their employees, insurers, claims administrators, agents, council members, directors, and officers, and the HOA, including its employees, officers and directors, shareholders, members, insurers, agents, representatives, and their successors and assigns (hereinafter "Related Parties") of and from any and all claims, actions, causes of action of any kind or nature at law or in equity (including without limitation claims based on theories of inverse condemnation, negligence, nuisance, dangerous condition of public property, breach of mandatory duty, breach of fiduciary duty, and all other legal theories), demands, rights, damages, losses, costs, attorneys' fees, loss of profits, diminished vakje. expenses, and compensation whatsoever, which .the Relaaso/ now has or which may .hereafter accrue, on account of any and all known and unknown and foreseen and unforeseen acts, omissions, conditions, occurrences, incidents, accidents and matters regardless of their nature, including without limitation such acts, omissions, conditions, occurrences, incidents, accidents and matters pertaining to the following: 1 . The landslide at La Costa de Marbella that was discovered in or about February and/or March 2005, that damaged and/or destroyed units 2405A through D and 2407A through D and other portions of the common area at La Costa de Marbella; 2. The water leak in a lateral pipe running from the water main to the fire hydrant at or near 2407C La Costa Avenue that was reported to the City/CMWD on or about March 1 , 2005 and repaired by the City/CMWD on March 2, 2005; 3. The water leak in the 6 inch water main near 2407A La Costa Avenue reported to the City/CMWD and repaired by the City/CMWD on or about March 1 1 , 2005, including without limitation all actions taken by the City/CMWD with respect to discharging and recharging the water main on March 1 1 , 2005; 4. All matters that are the subject of case number QIC 849880 and the consolidated oases, QIC 850408, QIC 860333, and GIC 862785, filed in the San Diego Superior Court, Central Division; and 5. As to HOA and its Related Parties, any and all claims arising from, based on, or related to (a) any alleged failures by HOA and/or its Related Parties of maintenance of any portion of La Costa de Marbella, including both common areas and separate interest (units), which failures are alleged to have occurred at any time prior to the execution of this Release, (b) water intrusion (as to which released claims include any and all damages alleged to be due to mold) alleged to have occurred or commenced at any time prior to the execution of this Release, (c) alleged improper assessments and/or collection activity, which occurred at any time prior to the execution of this Release, (d) alleged improper action by the Board in connection with repairs to any portion of La Costa de Marbella, which occurred at any time prior to the execution of this Release, and (e) alleged improprieties in assessment votes and votes to amend the governing documents of La Costa de Marbella, which occurred at any time prior to the execution of this Release. California Civil Code § 1542 provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor al the time of executing. the release, which if known by him or tier must have.malerially affected his Initial or her'senlement with the debtor. Releasor hereby waives application of California Civil Code § 1 542 and acknowledges that this means that if he or she should suffer any additional injuries, damages, or losses arising out of the landslide, water leaks and Association actions and/or inaction, referred to above that are the subject of the above referenced lawsuits, of which Releasor is not currently aware and which if known would materially affect Releasor's decision to execute this release, he or she will not be able to make any claim for those injuries, damages or losses against the City, CMWD, ISOP and/or HOA. Releasor hereby represents and warrants (1 ) that he or she has not heretofore assigned or transferred any claims herein released; (2) that he or she has the requisite authority to enter into this Release; (3) that in executing this Release, he/she has had the opportunity to seek legal advice from the attorney of his/her choice; (4) that the Releasor fully understands the terms of this Release; (5) that Releasor and/or his/her attorney have had an opportunity to review the pleadings in the Lawsuits; and (6) that his/her execution of this Release is knowing, free and voluntary. Executed this uciav ofj?rl_, Z007 at J*' — .<lfto California. Bv Ross A. Jurewitz Owner(s) of 2421 C La Costa Ave., Carlsbad, CA AUG. 7.2008 10:OOAM GRAND PROFESSIONAL NO.P. 6 State of California appeared Commuter* 1622206 ACKNOWLEDGEMENT before me, Name and Title of Officer (e,*., "Jane Doe, Notaiy Public) Ross A. hf<Hoft> \^J Jurewitz Name(s) of Signers) a personally known to me me on the basis of satisfactory evidence to be the person(s) whose and acknowledged to me authorized capacities), and the person(s), or the entity upon the instrument. WITNESS my hand and official sei subscribed to the withi; ty executed the same signature(s) on thTnstrumerit which the person(s) acted, ftxccuted Description of Attached Document Title or Type of Document:. Document Date: Capacity(ies) Claimed by Signer Signer's Name: „ „ 3F CLAIMS BY NON-PLAINTIFF HOMEOWNERS ^Number of Pages: a Individual p Corporate Officer - Title(s): n Partner - o Kimited a General o Attorney4n-Fact n Trustee a Guardian or Conservator - o Other: • Signer is Representing;,