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HomeMy WebLinkAboutCMWD 85-401; Brookfield Broccato Inc; 1997-0459183; Subordination Agreement' ' RECORDING REQUESTED BY Brookfield Broccato, Inc. AND WHEN RECORDED MAIL TO: 410 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 -II ~1111111 Im Qllllli ~111111111111111! 11 Please record the document at no fee as it is to the benefit of the City (Gov. Code [6103]). SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-451-51 ASSESSOR'S PARCEL NO. 216-452-49, 81 PROJECT NO. & NAME: 85-401, Broccato, Carlsbad Tract 89-19. North Batiquitos Sewage Force Main SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO WHICH YOUR SECURITY INSTRUMENT ATTACHES AND HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this Ir ~ day of _+-;-"11-'-1-"ty~------' 19 f? ' by BROOKFIELD BROCCATO INC., a California corporation (Trustor/Owner) hereinafter referred to as "Owner," owner of the land and WELLS FARGO BANK.NATIONAL ASSOCIATION. (Beneficiary) a national banking association , hereafter referred to as "Beneficiary", present owner and holder of the deed of trust hereinafter described; WITNESS ETH THAT WHEREAS, --=B=R-=0=-0=-K'-""--Fl=E=L=D""""'B=R=O=C=C-=C::..:A:.::.T-=O--=IN.,,_,C= . ....,. a=-=C=al:.:.:if=o.,_,rn=i=a...:c=o:u:rp=o=ra=t=io=n_,__ ____ did execute a deed trust, dated (Trustor) December 17 19 _j_§_, to WELLS FARGO BANK, NATIONAL ASSOCIATION (Trustee) as trustee, covering Exhibit "D" (brief legal description) per Exhibits "A". "B". and "C" attached hereto and made a part hereof (Brief Legal Description) Rev 6/26/95 .. .. ... .. .·.~--= ' . 411 Four Million, to secure a note in the sum of Seventy One Thousand. Five Hundred Twenty Eight Dollars ($ 4,071,528.00 ) dated --=D=e=ce=m=b=e=r...:1..:..7.,_, 1..,.,9=9=6 __ , in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION (Date) {Beneficiary) recorded in the office of the County Recorder of San Diego (County) County on December 31. 1996, as File No. 1996- (Date) (File No.) 0654669 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as granter, a grant of EASEMENT/EASEMENTS dated 1/tt fl 13 I f'/1, in favor of the City of Carlsbad as grantee herein referred to as "Easement Grantee," creating I i AN/THE EASEMENT/EASEMENTS more particularly described in EXHIBIT/EXHIBITS "A" 1 "B". "C" and "D" attached hereto; and WHEREAS, Easement Grantee is willing to accept said EASEMENT/EASEMENTS provided the grant of EASEMENT/EASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENT/EASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded, constitute a charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared understood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENT/EASEMENTS above described without this subordination agreement. Rev 6/26/95 .. •' 412 3. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and EASEMENT/EASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including but not limited to, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein described. Beneficiary declares, agrees and acknowledges that: 1. I 0Ne) consent to and approve the grant of EASEMENT/EASEMENTS in favor of the Easement Grantee. 2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the subordination. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Rev 6/26/95 413 3. This agreement represents an endorsement to the note secured by the deed of trust above mentioned and that said deed of trust above mentioned and that said deed of trust has by this instrument been subordinated to the charge of the Easement in fa~r of Easement Grantee above referred to. Execute/~; f--/1 :(!__i day of !l/19-t , 19tf_/. . I BENEFICIARY: -5;/t f / f ''1' OWNER: WELLS FARGO BANK, NATIONAL AS~OCIATION, a BROOKFIELD national banking association corporation (Name of Beneficiary) J/~5 /97 BROCCATO. INC., (Name of Owner) By~ C. ((A,\~ (sign here) L, . By: (', Mf!51 'tsign here) E.Dale Gleed Jeffrey C. Reed, Senior Vice President (print name here) a California (print name here) Wells Fargo Bank, N.A. (title and organization of signatory} Vice President, Brookfield Broccato Inc (title and organization of signatory} By: I Stites, Vice President {print name here) Wells Fargo Bank, N.A. (title and organization of signatory) By:~~ (signhre) Elizabeth Zepeda (print name here) Secretary, Brookfield Broccato Inc. (title and organization of signatory) Proper notarial acknowledgement of execution by BENEFICIARY and OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.} APPROVED AS TO FORM: RONALD R. BALL City Attorney By: CMWD 85-401 Rev 6/26/95 • ~j-• 414 EXHI'BIT A -TEMPORARY CONSTRUCTION EASEMENT Those portions of Lot 4 9 of Subdivision Map No. 12902, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, December 11, 1991 as file No. 91-642323, more particularly described as follows: Easement "A" Beginning at the Northwest corner of lot 48 described subdivision map, said point being on right of way line of Piovana Court; thence along way South 56°33'29" West 11.03 feet to the Beginning; of the above the southerly said right of True Point of Thence continuing along said right of way South 56°33' 29" West 20.97 feet to the beginning of a tangent 45.00 foot radius curve,· concave to the northeast; the center point to said curve bears North 33°26'31" West; thence continuing westerly along said curve through a central angle 27°14'17" an arc distance of 21.39 feet; thence leaving said curve South 43°44'28" East 30.28 feet; thence South 24°14' 28" East 449. 91 feet; thence South 69°15' 12" East 199.23 feet; to the above mentioned Subdivision Boundary; thence along the Subdivision Boundary North 20°44'48" East 36.29 feet; thence South 69°15' 12" East 33. 09 feet; thence North 20°57' 18" West 4. 97 feet; thence leaving said Subdivision Boundary North 69°15' 12" West 212. 44 feet; thence North 24°14' 28" West 44 0. 21 feet; thence North 43°44'28" West 24.81 feet to the True Point of Beginning. Area= 26,589 sq. ft.= 0.61 acres ·--. ' ' ·, • 415 Easement "B" Beginning at the Northwest corner of Lot 48 of the above described subdivision map, said point being on the southerly right of way line of Piovana Court; thence along said right of way South 56°33'29" West 32.00 feet; to the beginning of a tangent 45. 00 foot radius curve, concave to the northeast; the center point to said curve bears North 33°26' 31" West; thence continuing westerly along said curve through a central angle 116°36' 34" an arc distance of 91. 58 feet; thence leaving said curve North 70°26'47" West 25.45 feet; thence South 43°44'28" East 105.28 feet to the True Point of Beginning; Thence South 46°15'32" West 39.95 feet; thence South 24°14'28" East 54. 82 feet to the Easterly lot line of Lot 80 of before mentioned Subdivision Map No. 12902 to the beginning of a non- tangent 70. 00 foot radius curve, concave to the southwest: the center point to said curve bears South 23°33' 07" West; thence continuing southerly along said curve, through a central angle 20°27'40" an arc distance of 25.00 feet; thence continuing along the easterly lot line tangent to said curve, South 45°59'13" East 23.48 feet; thence continuing southerly along said easterly lot line to the beginning of a tangent 60. 00 foot radius curve, concave to the southwest, the center point to said curve bears South 44°00'47" West; thence continuing along said curve through a central angle of 63°01'31" an arc distance of 66.00 feet to the beginning of a ta~gent 50.00 foot radius curve, concave to the northeast; the center to said curve bears South 72°57' 42" east; thence continuing along said curve through a central angle 92°49'09" an arc distance of 81.00 feet; thence continuing along said easterly lot line, tangent to said curve South 75°46' 51" East 13.96 feet; thence continuing southerly along said easterly lot line to the beginning of a tangent 30.00 foot radius curve, concave to the southwest, the center point to said curve bears South 14°13' 09" West; thence continuing along said curve through a central angle 98°37' 00" an arc distance of 51. 64 feet; thence continuing southerly along said easterly lot line tangent to said curve South 22°50' 09" West 26. 49 feet; thence continuing southerly along said easterly lot line, to the beginning of a tangent 80. 00 foot radius curve, concave to the southwest, the center point to said curve bears South 67°09' 51" East; thence continuing along said curve through a central angle 12°01'29" an arc distance of 16. 79 feet; thence leaving said curve and lot line South 24°14'28" East 103.68 feet to the easterly lot line of Lot 80 of the before mentioned Subdivision Map; thence continuing southerly along said easterly lot line to a non-tangent 100. 00 radius curve, concave to the Southwest, the center point to said ; .. -.. ' 416 , :·,: curve bears South 56°32' 58" West, thence continuing along said curve through a central angle 16°32'15" an arc distance of 28.86 feet; thence leaving said easterly lot line South 24°26'43" East 16. 21 feet; thence South 69°15' 12" East to 104. 53 feet to the easterly lot line of Lot 80 of the before mentioned Subdivision Map; thence continuing northerly along said easterly lot line North 72°07'48" East 22.58 feet; thence continuing southerly along said easterly lot line, to the beginning of a tangent 90.00 foot radius curve, concave to the southwest, the center point to said curve bears South 17°52' 12" East, thence continuing along said curve through a central angle 35°34'44" an arc distance of 55.89 feet; thence continuing southerly along said easterly lot line South 72°17'28" East 49.84 feet to the Subdivision Boundary; thence along the Subdivision Boundary North 20°44' 48" East 3. 71 feet; thence leaving Subdivision Boundary North 69°15' 12" West 207. 52 feet; thence North 24°14' 28" West 454. 76 feet; thence North 43°44'28" West 7.01 feet to the True Point of Beginning. Area= 19,359 sq. ft. = 0.44 acres LOT 51 LOT 49 LOT 80 - LOT 48 LDT 42 LDT 82 LDi 85 LC 8t SHT. 1 OF 3 SHTS. --- SCALE: 1• = 80' TEMPORARY CONSTRUCTION EASEMENT SHT. 1 OF 3 SHTS. REQUESTED BY: CMWD 5950 EL CAMINO REH. CARLSBAD, CA 92008 © 1997 O'Doy Consultants, Inc. 216-451-51 EXHIBIT A A.P.N. 216-452-49, 81 DATE 3-31-97 . ___ , REQUESTED BY: CMWD 5950 EL CAMINO REN.. CARLSBAD, CA 92008 418 DATA TABLE NO. DELTA OR BEARING RADIUS LENGTH (1) S 56" 33'29" W 11.03' (2 S 56"33'29" W 20.97' (3 ~=2714'11 45.00' 21.39' (4) S 43"44'28" E 30.28' 5 S 24.14'28" E 449.91' 6 S 69'15'1 'i' E 199.23 7 N 2Ci44'48" E 36.29' (8) S 69'15'1 'i' E 33.09' (9) N 2Ci57'18" W 4.97' Go N 69'15'1 'i' W 212.44' '11 N 24.14'28" W 440.21' ~2) N 43"44'28" W 24.81' TEMPORARY CONSTRUCTION EASEMENT SHT. 2 OF 3 SHTS. PREPARED BY: GEORGE O'OAY EXHIBIT A A.P.N. ------ DATE 3-31-97 © 1997 O'Doy Consultants, In~~-~--_ ---~-F"•\JOBS\891004\CM\JOPOI 4-21-97 1,36•42 pM EST ; EASEMENT. "B1' .. : ·~· . REQUESTED BY: CMWD ~ EL CMINO R£AI. CMLSBAO. CA 92Cm 419 DATA TABLE NO. DELTA OR BEARING RADIUS LENGTH m S SS-33'2g-W 11.03' 12) S 5e33•2g-W 20.97' 13) A=2714'1T 45.00' 21.39' 13) A=89"22'1T 45.00' 70.19" 114) N 70'26'4r W 25.45' 115 S 43"44'28" E 105.28' os, S 46"15'3t W 39.95' 17) S 24"14'28" E 54.82' 18) A =20'27'4f/ 70.00' 25.00' 69) S 45"59' 13" E 23.48' t2o) A =63"01 ·31• 60.00' 66.00' 121) A =92' 49'09" 50.00' 81.00' CZ, S 75"46'51• E 13.96' n~, A =98' 37'0CJ' 30.00' 51.64' P4) S 2150•og-W 26.49' w~ 6. =12'01 '29" 80.00' 16.79' (2i) S 24°14'28" E 103.68' 0) 6=16'32'15" 100.00' 28.86' ~) S 24"26' 43" E 16.21' ag, S 69"15'1t E 104.53' @(ll N 72'07'#$ E 22.58' 1'31) A=35"34'#. 90.00' 55.89' (,~) S 72'17'28" E 49.84' I 1.: ) N 20'44'#$ E 3.71' I~> N 69"15'1t W 207.52' 13! l N 24'14'28" W 454.76' (31~ N 43" 44'28" W 7.01' TEMPORARY CONSTRUCTION EASEMENT SHT. 3 OF 3 SHTS. PREPARED BY: GEORGE O'OAY EXHIBIT A A.P.N. ------ DATE 3-31-97 © 1997 O'Doy Consultants, Inc. F",\jQBS\89100•\CM\J'DPOl -4-8-97 3,35,22 p,., EST .... . ·'". 420 EXHIBIT B -SEWAGE FORCE MAIN EASEMENT Easement "C" Those portions of Lots 49 and 51 of Subdivision Map No. 12902, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, December 11, 1991 as file No. 91-642323, more particularly described as follows: Beginning at the Northwest corner of lot 48 of the above described subdivision map, said point being on the southerly right of way line of Piovana Court; thence along said right of way South 56°33'29" West 32.00 feet to the beginning of a tangent 45. 00 foot radius curve, concave to the northeast; the center point to said curve bears North 33°26'31" West; thence continuing along said curve through a central ang 27°14'17" an arc distance of 21.39 feet to the True Point Beginning; Thence continuing along said 45.00 foot radius curve, concave to the northeast, through a central angle 89°22'17" an arc distance of 70 .19 ; thence leaving said curve North 70°26' 4 7" West 25.45 feet; thence South 43°44'28" East 53.15 feet to the southerly lot line of Lot 51 of before mentioned Subdivision Map No. 12902; then leaving southerly lot line of Lot 51 South 43°44'28" East 59.14 feet; thence South 24°14'28" East 454.76 feet; thence South 69°15'12" East 207.52 feet to the Subdivision Boundary; thence along the Subdivision Boundary North 20°44' 48" East 20.00 feet; thence leaving said Subdivision Boundary North 69°15'12" West 199.23 feet; thence North 24°14'28" West 449.91 feet; thence North 43°44'28" West 30.28 feet to the True Point of Beginning. sq. ft.= 0.33 acres F:\MSOFFICE\WINWORD\97-1012\EXHTSA&B.::.GL -~~-\ 41': ,,.', ~ ... ?: LOT 49 LOT 80 1l1AP !VDJ 12902 SEWAGE FORCE MAIN EASEMENT REQUESTED BY: CUWD 5950 8.. CAMINO REIL CARLSBAD, CA 92008 PREPARED BY: GEORGE O'OAY © 1997 O'Dov Consultants. Inc. EXHIBIT B LOT 43 Lor 42 LOT 82 L 8, SHT. 1 OF 2 SHTS . O' . 160' ---80' SCALE: 1'' = 80' SHT. 1 OF 2 SHTS. A.P.N. ----- DATE 3-31-97 EASEMENT "c' REQUESTED BY: CMWO, 5950 EL CAMINO REAL CARLSBH). CA 92008 422 DATA TABLE NO. DELTA OR BEARING RADIUS LENGTH (J) S 56"33'29" W 32.00' (2 6=27'14'1T 45.00' 21.39' (3) 6=89'22'1T 45.00' 70.19' (4) N 7rJ26'4t W 25.45' (5) S 43"44'28" E 53.15' (6) S 43'44'28" E 59.14' (7) S 24'14'28" E 454.76' (8) S 69'15'12" E 207.52' (9) N 2'144'48" E 20.00' oo N 69'15'12" W 199.23' (11 N 24.14'28" W 449.91' 02 N 43" 44'28" W 30.28' SEWAGE F'ORCE MAIN EASEMENT SHT. 2 OF 2 SHTS. PREPARED BY: GEORGE CYMY EXHIBIT B A.P.N. _____ _ DATE 3-31-97 © 1997 O'Doy Consultants, Inc. F",\JOBS\B91004\CM\JDP02 4-9-97 3<1€,,53 pr, EST 423 EXHIBIT C -SEWAGE FORCE MAIN EASEMENT Easement "D" • April 11, 1997 J.N.: 97-1012 That portion of Lot 81 of Subdivision Map No. 12902, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, December 11, 1991 as file No. 91-642323, more particularly described as follows: Beginning at the Southwest corner of Lot 49 of the above described subdivision map,· said point also being on the northerly lot line of Lot 80; thence continuing easterly along said northerly lot line South 69°15'12" East 82.99 feet to the True Point of Beginning; Thence leaving said northerly lot line South 46°45'12" East 6.54 feet to the southerly lot line of Lot 81 of the beforementioned Subdivision Map No. 12902 to the beginning of a non-tangent 70. 00 foot radius curve, concave to the southwest; the center point to said curve bears South 36°07' 03" West; thence continuing southerly along said curve, through a central angle 05°42'24" an arc distance of 6.97 feet; thence continuing southeasterly along . the said southerly lot line tangent to said curve, South 48°10'33" East 25.51 feet; thence continuing southeasterly along said southerly lot line to the beginning of a tangent 70.00 foot radius curve, concave to the northeast, the center point to said curve bears North 41°49'27" East, thence continuing southeasterly along said curve through a central angle 20°53'' 43" an. arc distance of 25. 53 feet; thence continuing southeasterly along said southerly lot line, tangent to said curve South 69°04'16" East 31.27 feet; thence continuing southeasterly along said southerly lot line, to the beginning of a tangent 70.00 radius curve, concave to the southwest, the center point to said curve bears South 20°55'44" West; thence continuing southeasterly along said curve through central angle 11°07'48" an arc distance of 13.60 feet; thence leaving said curve and lot line South 69°15' 12" East 227. 58 feet; thence North 65°44' 48" East 28.28 feet; to the subdivision boundary thence along the subdivision boundary and across Lot 81 North 69°15'12" West 353.78 feet to the True Point of Beginning. Area 6,267 sq. ft.= 0.14 acres .LOT 43 .L:J1 42 - LOT 81 SUBDIVISION BOUNDARY I I DETAIL A SUBDIVISION BOUNDARY LOT 80 SUBDIVISION BOUNDARY LOT 81 SHT. 1 OF 2 SHTS. O' 160' ----80' SCALE: 1• = 80' SEWAGE FORCE MAIN EASEMENT SHT. 1 OF 2 SHTS. REQUESTED BY: CMWD 5950 a CAMINO REAL CARl.SBAD. r.A 92008 PREPARED BY: GEORGE O'OAY © 1997 O'Day Consultants, Inc. EXHIBIT C A.P.N. ----- DATE 3-31-97 • -~,:c_ ' . 25 · f~·~ EASEMENT •Ii DATA TABLE NO. DELTA OR BEARING RADIUS LENGTH en S 69'15'1t E 82.99' (2) S 46'45'12'" E 6.54' (3) A =OS 42'24. 70.00' 6.97' (4) S 48"10'33" E 25.51' (5) A ::2CT53'43" 70.00' 25.53' (6) S 69'04'16' E 31.27' (7 6.:: 11·01· 48" 70.00' 13.60' (8} S 69°15'12"" E 227.58' (9} N 55·44•48" E 28.28' dO) N 69'15'12'" W 353.78' SEWAGE F'ORCE MAIN EASEMENT SHT. 2 OF 2 SHTS. 1 REQUESTED BY: EXHIBIT C A.P.N. _____ _ DATE 3-31-97 I, = EL CAMINO REAL CARI.SBAO, CA 92008 © 1997 O'Day Consultants, Inc. F,\JO:BS\8'3100 4 \CW.tDP03 • 426 EXHIBIT"D" BRIEF LEGAL DESCRIPTION OF EXHIBITS "A', 'B", and "C" EXHIBIT "A" --TEMPORARY CONSTRUCTION EASEMENT Easement "A" and Easement "B" Those portions of Lots 49 and 51 of Subdivision Map No. 12902, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, December 11, 1991 as file No. 91-642323, more particularly described in attached Exhibit "M.' . EXHIBIT "B" --SEWAGE FORCE MAIN EASEMENT Easement "C" Those portions of Lots 49 and 51 of Subdivision Map No. 12902, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 11, 1991 as file No. 91-642323, more particularly described in attached Exhibit "B". EXHIBIT "C" -SEWAGE FORCE MAIN EASEMENT Easement "D" That portion of Lot 81 of Subdivision Map No. 12902, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, December 11, 1991 as file No. 91-642323, more particularly described in attached Exhibit "C". STATE OF CALIFORNIA COUNTY OF /}ML ~ 1 rSS. J personally appeared <f!P11J l. /;!.uL 427 ~ ~/).Miu NAME(S)~ NES) I )( personally known to me -OR D (er 11reveEI to mo on tfle basis of satisfactory evideAee) to be the person(s) whose name(s) ls/are subscribed to the within instrument and acknowledged to me that !+efs.!::te/they executed the same in i=Hs/hoi;/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. x··········ccctcttttttttttteet( • MICHELE CORRINGTON -Comm.# 1083897 tn !/) NOTARY PUBLIC-CALIFORNIA VI San Diego Countv : 1 My Comm. Expires Jan. 21.2000 l 440$4 •••••• •••••• ,,,,,, WITNESS r:ny hand and official seal. (This area for official notary seal.) Title or Type of Document ________________________________ _ Date of Document _______________ No. of Pages--------------- Signer(s) other than named above------------------------------ CMWD 85-401 Rev 6/26/95 ·. · 428 .·:··r'CALl'FORNIA_ ALL-PURPos&cKNOWLEDGMENT State of County of On ----'M_f(1A. __ 1 :S____..,_._\ qc,_7...__ ___ before me, --~1,1\-:'."":---H-:-:f\:::--z._ei..h:-=::: __ p,.-:'K_e.--:ll.:-:-'"--:-'"~---=-"'.'""t-~-v,.-b_\_;; '-...~ -._) Date Name and Trtle of Officer (e.g., "Jane Doe, Nota,y personally appeared __ E;_._D_,_f_,_l_c...._G:._\_c.._e._cJ.... __ a.__:...NJ-__ t_L_i -z.c..,A,,.-1..::>--,-~_~__;;_-7_;;__(!!..4,f_c._~ ______ _ Name(s) of Signe,(s) r1f personally known to me OR =-D pFevod to mo on the bae:is of satisfactory ovidenc~ to be the person(s) whose name{s) je,/are subscribed to the within instrument and acknowledged to me that l;e/shefthey executed the same in histf:le1'/their authorized capacity(ies), and that by hisfAef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed in trument. . nd official seal. Signature of Nolaly Public ~~~~~~~~~~~OPTIONAL~~~~~~~~~~~ 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:---------------------------- DocumentDate: ____________________ NumberofPages: ____ _ Signer(s) Other Than Named Above: ------------------------ Capacity(ies) Claimed by Signer(s) Signer's Name:------------ 0 Individual 0 Corporate Officer 1itle(s): ------------- 0 Partner - 0 Limited O General 0 Attorney-in-Fact D Trustee O Guardian or Conservator RIGHT THUMBPRINT OF SIGNER O Other: Top of thumb here Signer Is Representing: Signer's Name:------------ 0 Individual 0 Corporate Officer 1itle(s): ------------ 0 Partner - 0 Limited O General 0 Attorney-in-Fact 0 Trustee O Guardian or Conservator RIGHT THUMBPRINT OF SIGNER 0 Other: Top of thumb here Signer Is Representing: 08127197 ll:06 'U619 699 3105 WFB REG S.D. e 429 W,:ELLS FARGO BANK, NATIONAL ASSOCIATION CERTIFICATE I, Pui-Mei Wong, Assistant Secretary of Wells Fargo Bank, National Association, a national banking association (the "Bankj, hereby certify that; t©OOZtUU7 1. The attached Exh,ibitA is a true and co?TeQt copy of Section 3 of Article VII of the Bylaws of the Banlc, as in full force and effect on the date hereof. 2. The attached Exhibit B is a true and correct copy of Designation of Authority No. 97-VI-0519 duly signed by A. Larry Chapman, Executive Vice President, on July 30. 1997 and by Timothy W. Washburn, Executive Vice President on July 25, 1997, as in full force and effect an the date hereof. 3. As of the date of this Certificate, the fallowing persons hold the following offices at the Bank, duly elected, qualified and acting: A. Lany Chapman is an Executive Vice President Timothy W. Washburn is an Executive Vice President 4. On May 19, 1997, Jeffrey D. Stites was a Vice President of the Bank. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said association this /ff'-day of lh;JIAJ'f . 1997. G:\R.EG\ONEILL\WINWOIW\STICER.T.DOC Pui-Mei Wong Assistant Secretary 081.27/97 11:0tl "1"619 699 3105 WFB REG S.D. ~ 003/007 e 430 EXHIBIT A SECTION 3. Execution of Written Instruments. All written instruments shall be binding upon the Bank if signed on its behalf by (i) any two of the following Officers: The Chairman of the Board and Chief Executive Officer, the President and Chie! Operating Officer, the Vice Chairman of the Board, the Vice Chairmen or the Executive Vice Presidents, or (ii) any one of the foregoing Officers signing jdintly with any Senior Vice President. Whenever any other officer or person shall be authorized to execute any agreement, document or instrument by Resolution of the Board of Directors, or by the Chief Executive Officer, or by any officer or committee designated by the Chief Executive Officer, or by any two of the officers identified in the iro.:rnediately preceding sentence, such execution by such other officer or person shall be equally binding upon the Bank. G:\REG\ONEILL\WPWIN60\CO:::S\EXJ.IIBITA.WPO 0~/2i,,97 11:06 '6'619 699 3105 e WFB REG S.D. 14)00,1/007 .. ' ...... .. . . -· 431 EXHIBIT B WELLS FARGO BANI{, NA:QQNAL ASSOCIATION Designation of Authority No. 97-VI-OS 19 Subject; Special Signing Authority Effective Date: July 25, 1997 This designation is made subject and pursuant to the authority granted to the undersigned, as Executive Vice Presidents of Wells Fargo Bank, National Associatio~ a national banking association {the ·'Bank'') by Section 3 of Article VII of the Bylaws of the Bank. That Subordination Agreement dated May 19, 1997 by and between the Bank and Brookfield Broecato, Inc.> which was executed on behalf of the . Bank by Jeffrey D. Stites, Vice President, is hereby ratified and approved. Date: I -2:-Q • 1997 Date::T~ if. 1997 O:\MSMAIL\STIDSG.DOC imothy W. Washburn Executive Vice President 0_8(27197 11:07 'U618 699 3105 WFB REG S.D. e 432 WELLS FARGO BANK, NATIONAL ASSOCIATION CERTIFICA1E I, Pui-Mei Wo~ Assistant Secrcta:ry of Wells Fargo Bank, National Association, a national banking association (the ~'Bank''), hereby certify that: ~005/007 1. The attached E!hibit A is a true and correct copy of Section 3 of Article VII of the Bylaws of the Bank, as in full force and effect on the date hereof. 2. The attached Exhibit B is a true and correct copy of Designation of Authority No. 97·VI-0725 duly signed by A. Larry Chapman, Executive Vice President., on July 30, 1997 and by Timothy W. Washbum, Executive Vice President, on July 25, 1997, as in full force and effect on the date hereof, 3. The following persons hold the following offices at the Bank, duly elected, qualified and acting: A. Larry Chapman is an Executive Vice President Timothy W. Washburn is an Executive Vice President Jeffrey C. Reed is a Senior Vice President Shirley 0. Griffin is a Senior Vice President. Susan Rosenblatt is a Vice President. Patricia A. Perez is a Vice President. Dana Pelsone is a Vice President John P. Wickenhiser is an Assistant Vice President. Patty A. Wong is an Assistant Vice President. Michele Corrington is an Officer. IN WlTNESS WHEREOt I have hereunto set my hand and affixed the seal of said association this 1./iA day of H "'-2. ,:,.JI. 1997. -(/ Assistant Secretary G:\R.EG\ONE.!LL\WINWOR.D\RBGCBR.T.OOC ' .. • 'ft619 699 3105 • 14)006/007 , 08/,27197 11:07 WFB REG S.D . • 433 EXHIBIT A SECTION 3. Execution of Written Instruments. All written instruments shall be binding upon the Bank if signed on its behalf by (i) any two of the following Officers: The Chairman of the Board and Chief Executive Officer, the President and Chief Operating Officer, the Vice Chairman of the Board, the Vice Chairmen or the Executive Vice Presidents, or (ii) any one of the foregoing Officers signing jointly with any Senior Vice President. Whenever any other officer or person shall be authorized to execute any agreement, document or instrument by Resolution of the Board of Directors, or by the Chief Executitre Officer, or by any officer or committee designated by the Chief Executive Officer, or by any two of the officers identified in the inur.ediately preceding sentence, such execution by such other officer or person shall be equally binding upon the Bank. C:\REG\ONE!LL\WPWlN60\!XlCS\EX!ilS!TA,WPI)