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HomeMy WebLinkAboutVAC 2018-0001; QUITCLAIM OF WATER EASEMENT; Engineering Applicationof -11 a Allift VC2Ot8 -co APPLICATION Development Services City of ENGINEERING Land Development Engineering Car1cbd PLANCHECK 1635 Faraday Avenue -I 760-602-2750 E23 www.carlsbadca.gov Complete all appropriate information. Write N/A when not applicable. Project Name:—Thomas Almaguer Water Line Quitclaim EsmtDate: January 9,019 Project Description: Water Line Easement Quitelaim Carlsbad Municipal Water District on a portion of Lot 18, Carlsbad Tract No. 71-5, Map No. 7999 Project Address: 491f Pcrk Drive Lot No(s).:18 Map No.: 7999 APN(s): 207-290-15 Number of Lots: One NumberofAcres: O0j7_MilesofTrails:N/A Owner: Thomas_.T._Almagiier Applicant: Thomas_T._Almaier Mailing Address: 4Q36 Carlsbad._CA_92008 Mailing Address: 496_Park_flriv Phone Number: 760207-4043 Carlsbad,_CA_99008 Phone Number: 760_207-4043 Fax Number: Fax Number: E-mail: talrnagueiiyahoo. corn E-mail: talma gti eryahoo. corn I certify that I am the legal owner and that all the above information is true and corre the best of my knowledge. 1-04-18 Signature, 2—Date: 1-04-18 Civil Engineer: Soils Engineer: Firm: Brian Polley LandSurveying Firm: Mailing Address: 551_5 Fl_Arhol_Drive Mailing Address: Carlsbad,_CA_92008 Phone Number: 760438-5146 Phone Number: Fax Number: Fax Number: E-mail: hp1si4shcglohal .net E-mail: State Registration Number: LS_4670 StateRegistrationNumber: Additional Comments: IMPROVEMENT VALUATION What water district is the proposed project located in? (check one) Carlsbad Municipal Water District El Olivenhain El Vallecitos If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ N/A GRADING QUANTITIES cut _______ cy fill cy remedial cy import cy export cy E-23 Page 1 of 2 REV 07/14 V A U10 Is _Ry~ I CONDITION OF TITLE Guarantee Number: Issued By: () CHICA(' 'TITLE INSURANCE COMPANY 73717012506 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Chicago Title Insurance Company By: Chicago Title Company 2365 Northside Drive, Suite 600 San Diego, CA 92108 President Countersigned By: Attest: Authorized Officer or Agent I1F Secretary JAN 04 2013 LAND DEVELOPMENT ENGNE ER! NG condithn of Title Guarantee Punted: 11.29.17 @07:45 AM CLTA Guarantee Form No. 28(06/05/2014) Page I CA-CT.FWOO-02180.055820-SPS-1-17-73717012506 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717012506 ISSUING OFFICE: Title Officer Richard Cesar Moore Chicago Title Company 2365 Norltiside Drive, Suite 600 San Diego, CA 92108 Phone: (619)521-3590 Fax: (619)521-3690 Main Phone: (619)521-3500 Email: teammoore@ctt.com SCHEDULE A - Amount of Liability - Fee Title Officer $5000.00 $500.00 Richard Cesar Moore Date of Guarantee: November 16, 2017 at 07:30 AM Name of Assured: Thomas J. Almaguer and Leticia Almaguer The estate or interest in the Land which is covered by this Guarantee is: A Fee The Land referred to in this Guarantee is described as follows: SEE EXHIBIT "A'.ATTACHED HERETO AND MADE A PART HEREOF ASSURANCES: According to the Public Records as of the Date of Guarantee, Title to the estate or interest in the Land is vested in: Thomas J. Almaguer and Leticia Almaguer, Trustees of The 2003 Thomas and Leticia Almaguer Revocable Trust dated November 5, 2003 Subject to Item No. 8 Title to the estate or ir.teres: is subject to defects, liens or encumbrances shown in Schedule B which are not necessarily shown in tie order of their priority. END OF SCHEDULE A Condition of Title Guarantee Printed: 11.29.17 @ 07:45 AM CLTA Guarantee Form No. 28(06/05/2014) Page 2 cA-cT.Fwoo-02180.055820-sPs-1-17-73717012506 EXHIBIT "A" Legal Description For APN/Parcei ID(s): 207-290-15-00 Lot 18 of Carlsbad Tract No. 71-5, In the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7292, filed in the Office of the County Recorder of San Diego County, May 31, 1972. Condition of Title Guarantee Punted: 11.29.17 @ 07:45 AM CLTA Guarantee Form No. 28(06/05/2014) Page 3 CA-CT-FWDO.02180.055820-SPS-1-17-73717012506 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717012506 SCHEDULE B Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 207-290-15-00 2017-2018 $1,462.47, open $146.24 (Due after December 10) $1,462.47, open $156.24 (Due after April 10) $7,000.00 09000 The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respeciriely, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. Rights of the public to use for street purposes, as shown on said Map and dedicated to the public thereon, that portion of said land included within said Lot 18 as accepted by The City of Carlsbad Resolition #3525 Recording Date: October 11, 1974 Recording No.: 1974-273334, Official Records Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: water line Affects: as shown on said Map Recording No.: Map No. 7292 Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including.but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: May 31, 1972 Recording No.: 1972-137736, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. A deed of trust to secure an indebtedness in the amount shown below, Amount: $320,000.00 Dated: May 7, 2009 Trustor/Grantor Thomas J. Almaguer and Leticia Almaguer, husband and wife, as joint tenants Trustee: Fidelity National Title Insurance Company Beneficiary: Wells Fargo Bank, N.A., a National Associatioi Loan No.: Not shown Recording Date: May 14, 2009 Recording No.: 2009-0256690, Official Records Condition of Tide Guarantee CLTA Guarantee Form No. 28(06/05/2014) Printed: 11.29.17 @07:45 AM Page 4 CA-CT-FWDO.02180.055820-SPS-1-17-73717012506 —r. CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717012506 SCHEDULE B (continued) A deed of trust to secure an indebtedness in the amount shown below, Amount: $250,000.00 Dated: April 7, 2017 Trustor/Grantor Thomas J. Almaguer, Leticia Almaguer, Thomas J. Almaguer, Trustee of The 2003 Thomas and Leticia Almaguer Revocable Trust dated November 5, 2003, Leticia Almaguer, Trustee of The 2003 Thomas and Leticia Almaguer Revocable Trust dated November 5, 2003 Trustee: ReconTrust Company, N.A. Beneficiary: Bank of America, N.A. Loan No.: Not shown Recording Date: April 25, 2017 Recording No.: 2017-0185190, Official Records The Deed of Trust set forth above is purported to be a "Credit Line" Deed of Trust. Under California Civil Code §2943.1 it is a requirement that the Trustor/Grantor of said Deed of Trust either immediately provide the beneficiary with the "Borrower's instruction to Suspend and Close Equity Line of Credit" or provide a satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing. If the above credit line is being paid off, this Company will require that Escrow obtain written confirmation from the current Beneficiary that the account has been frozen prior to recording. Failure to do so will result in this Company holding funds at the close of Escrow until such confirmation is obtained from the Beneficiary. 8. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Condition of Tide Guarantee Printed: 1129.11 @01:45 AM CLTA Guarantee Form No. 28 (08105/2014) Page 5 CACT.FW0002180.055820.SPS11773717012508 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717012506 SCHEDULE B (continued) The Company will require a current Trust Certification, pursuant to California Probate Code Section 18100.5, confirming the following facts and containing the following information, with respect to the hereinafter named Trust(s): Name of Trust(s): The 2003 Thomas and Leticia Almaguer Revocable Trust Date of execution and continued existence of the Trust; Identity of the Settlor(s)/Trustor(s) and the currently acting Trustee(s); Powers of the Trustee(s); Whether the Trust is revocable or not and, if revocable, who holds the power to revoke the Trust; If there are multiple trustees, the signature authority of the Trustees, including how many of the trustees are required to exercise powers of the Trust; The Trust Identification Number [usually a Social Security Number or an Employer Identification Number]; The manner in which title to Trust assets should be held; The legal description of any interest in real property held in the trust; and The Certificate of Trust must contain a statement that the trust has not been revoked, modified, or amended so as to cause the representations to be incorrect and that it is being signed by all current Trustee(s) in the form of an acknowledged declaration. Note: If an Affidavit of Death of a Trustee or Co-Trustee was or will be recorded, the signing successor or Surviving Trustee(s) must have the right to exercise the powers of the Trust. The Company reserves the right to add additional items or make further requirements after receipt of the Trust Certification. Any rights, interests or claims, which are not shown by the public records but which could be ascertained by an inspection of the Land or which may be asserted by persons in possession thereof. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Seller(s): Thomas Almaguer and Leticia Almaguer The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear tc involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Conthtior. of Title Guarantee Pinted: 11.29.17 t 07:45 AM CLTA Gi.arantee Form No. 28(06/05/2014) Page 6 CA-CT-FW0002180.05f820-SPS-1-17-73717012508 ii CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717012506 SCHEDULE B (continued) 11. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Party(ies): Buyer(s) The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. END OF SCHEDULE B Condition of Title Guarantee Printed: 11.29.17@07:45 AM CLTA Guarantee Form No. 28 (06/0512014) Page 7 CA.CT-FWDO-02180.055820-SPS-1-17-73717012506 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717012506 EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A. the Company assumes no liability for loss or damage by reason of the following: Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. Defects, liens, encumbrances, adverse claims or other matters not shn by the Public Records. The identity of any party shown or referred to in any of the schedules of this Guarantee. The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (t) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims: (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1). (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. DEFINITION OF TERMS The following terms when used In the Guarantee mean: the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental witlng executed by the Company. 'Land": the Land described or referred to in Schedule A, and Improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. Mortgage": mortgage, deed of trust, trust deed, or other security instrument. "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. "Date of Guarantee": the Date of Guarantee set forth in Schedule A. "Amount of Liability": the Amount of Liability as stated in Schedule A. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED The Assured shall notify the Company promptly In writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or Interest that is contrary to the assurances set forth In Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to tie extent of the plejudice. 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth In Paragraph 3 above: The Company shall have the right, at Its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its cpinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so ciligently. If the Company elects to exercise its options as stated In Paragraph 4 (a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Conpany pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from an adverse judgment or order. In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Condition of Trite Guarantee , Printed: 11.29.17 @07:45 AM CLTA Guarantee Form No. 28 (0610512014) Page 8 CA-CT-FWDO.02180.055820-SPS-1-17-73717012508 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717012506 (continued) 5. PROOF OF LOSS OR DAMAGE tt (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must descilbe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the toss or damage. (b) in addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, In the reasonable judgment of the Company. It is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company, is obligated to pay; or To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses Incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (C) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, Including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. LIMITATION OF LIABILITY This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee In a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. PAYMENT OF LOSS No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, Interest, and costs of collection. Condition of Inde Guarantee Printed: 11.29.17 @07:45 AM CLTA Guarantee Form No. 28 (06/05/2014) Page 9 CACTFWDO-02180.055820-SPS-1-17-73717012506 CHICAGO TITLE INSURANCE COMPANY GUARANTEE NO. 73717012506 (continued) 11. ARBITRATION Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association CRules"). Except as provided In the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its Issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability Is Two Million And No/100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of Two Million And No/100 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shalt be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. SEVERABILITY In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to Include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. CHOICE OF LAW; FORUM Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor In reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: Chicago Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department END OF CONDITIONS Condition of Title Guarantee Printed: 11.29.17 @ 07:45 AM CLTA Guarantee Form No. 28 (08/05/2014) Page 10 CA-CT-FWDO-02180.055820-SPS-1-17-73717012508