Subdivision Guarantee 8-2-07Form No. 14
Subdivision Guarantee
Guarantee No.: 4299-993347
GUARANTEE
Issued by
First American Title Insurance Company
Be/l Towne Centre, 4200 6th A venue SE, Ste 201, Lacey, INA
98503
Tit/e O~cer.• Mitch Mi/ler
Phone: (360)491-2441
F,4X.• (866)343 5409
FirstAme~ican Title
Form No. 14
Subdivision Guarantee (4-10-75)
S ~ n M C q,
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"~ First American
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Title Team (Thurston)
SECOND COMMITMENT
Phone No. (360) 491-2441
Fax No. (866) 343-5409
Mitch Miller
msmiller@firstam.com
Guarantee No.: 4299-993347
Page No.: 1
FirstAme~ican Tit/e Insurance Company
Bell Towne Centre 4200 6th Avenue SE, Ste 201
Lacey, WA 98503
Phn-(360)491-2441
Fax -(866)343-5409
William Tiglao
btiglao@firstam.com
SUBDYVISION GUARANTEE
LIABILITY $ 1,000.00 ORDER NO.:
FEE $ 200.00 TAX $ 16.80 YOUR REF.:
First American Title Insurance Company
a Corporation, herein called the Company
Subject to the Liability Exclusions and Limitations set forth below and in Schedule A.
GUARANTEES
KPFF Consulting Engineers
4299-993347
herein called the Assured, against loss not exceeding the liability amount stated above which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of
any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the
Assured because of reliance upon the assurance herein set forth, but in no event shall the
Company's liability exceed the liability amount set forth above.
3. This Guarantee is restricted to the use of the Assured for the purpose of providing title- evidence
as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W.,
and the local regulations and ordinances adopted pursuant to said statute. It is not to be used
as a basis for closing any transaction affecting title to said property.
Dated: July 5, 2007 at 7:30 A.M.
FirstAmerican Tit/e
Form No. 14
Subdivision Guarantee (4-10-75)
SECOND REPORT
SCHEDULE A
The assurances referred to on the face page are:
A. Title is vested in:
FH1, LLC, a Washington Limited Liability Company
Guarantee No.: 4299-993347
Page No.: 2
B. That according to the Company's title plant records relative to the following described real
property (including those records maintained and indexed by name), there are no other
documents affecting title to said real property or any porition thereof, other than those shown
below under Record Matters.
The following matters are excluded from the coverage of this Guarantee:
1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the
issuance thereof.
2. Water rights, claims or title to water.
3. Tax Deeds to the State of Washington.
4. Documents pertaining to mineral estates.
DESCRIPTION:
PARCEL A:
THE WEST 402.4 FEET OF THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER.OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. LYING
SOUTHEASTERLY OF SECONDARY HIGHWAY N0. 5-H;
EXCEPTING THEREFROM THE SOUTH 16.5 FEET.
IN THURSTON COUNTY, WASHINGTON.
PARCEL B:
PARCEL A OF BOUNDARY LINE ADJUSTMENT N0. BLA-8144, RECORDED UNDER FILING
NUMBER 9505220008, IN THURSTON COUNTY, WASHINGTON.
APN: 21725130200
APN: 21725130300
Fi~stAme~ican Tit/e
Form No. 14
Subdivision Guarantee (4-10-75)
RECORD MATTERS:
1. Delinquent General Taxes for the year 2006 .
Guarantee No.: 4299-993347
Page No.: 3
Tax Account No.: 21725130200
1st Half
Amount Billed: $ 1,134.26
Amount Paid: $ 1,134.26
Amount Due: $ 0.00, plus interest and penalty
2nd Half
Amount Billed: $ 1,134.26
Amount Paid: $ 0.00
Amount Due: $ 1,134.26, plus interest and penalty
(Affects Parcel A)
2. Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing and the
terms and conditions thereof.
Grantor/Trustor: FH1, LLC, a Washington Limited Liability Company
Grantee/Beneficiary: WF Capital, Inc., a Washington Corporation
Trustee: Titan Trustee Services, Inc., a Washington Corporation, and its
.successors in trust and assigns
Amount: $7,775,000.00
Recorded: October 19, 2006
Recording Information: 3874132, 3874133, 3874134 and 3874135
3. .Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: FH1, LLC, a Washington Limited Liability Company
Grantee/Beneficiary: Prairie Baptist Church
Trustee: First American Title Insurance Company, a Corporation
Amount: $300,000.00
Recorded: April 03, 2006
Recording Information: 3820153
(Affects Parcel A)
The lien of said Deed of Trust was subordinated to the-lien of the instrument recorded October
19, 2006 under recording no. 3874132, 3874133, 3874134 and 3874135 by agreement recorded
October 19, 2006 under recording no. 3874.136 .
4. A financing statement
Date Recorded: October 19, 2006
Recording No.: 3874137
Debtor: FH1, LLC, a Washington Limited Liability Company
Secured Party: WF Capital, Inc., a Washington Corporation
5. Evidence of the authority of the individual(s) to execute the forthcoming document for FH1, LLC,
copies of the current operating agreement should be submitted prior to closing.
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
Guarantee No.: 4299-993347
Page No.: 4
If the mobile home located upon the premises is to be insured under the policy to issue .
hereunder, a Manufactured Home Title Elimination Application (Form TC 420-730) pursuant to
Chapter 65.20 RCW must be recorded in the Thurston County Recording Office.
Note: A Fee will be charged by the State of Washington Department of Licensing for processing
a "Manufactured Home Title Elimination Application:"
Absent the recording of said Manufactured Home Title Elimination Application, the mobile home
is not considered real properly and will not be covered by our policy of title insurance when
issued.
Please advise at the time of closing whether a Manufactured Home Title Elimination
will be executed.
For current information regarding applicable fees, charges, availability of processing forms and/or
procedure inquiries, contact:
King County:
Kitsap County:
Mason County:
Pacific County:
Pierce County:
Snohomish County:
Spokane County:
Thurston County:
Whatcom County:
Yakima County:
(206)296-6696
(360) 337-4440
(360) 427-9670
(360) 875-9309
(253)798-6111
(425)288-3711
(509)477-2222
(360) 786-5406
(360) 676-6740
(509) 574-1100
7. Effective February 15, 1991 pursuant to House Bill No. 2907 (Mobile Homes Relocation
Assistance) there may be a fee due on a change of ownership of a mobile home. this fee will be
paid to the Department of Licensing at the time the mobile home title is transferred.
The fees are as follows:
A fee will be charged if the mobile home was sold between July 1, 1990 and September 5, 1990
or between February 26, 1991 and the current date.
No relocation fee if sold prior to July 1, 1990 or between September 6, 1990 and February 25,
1991.
For current information regarding applicable fees, charges, availability of processing forms and/or
procedure .inquiries, contact:
King County:
Kitsap County:
Pacific County:
Pierce County:
Snohomish County:
Spokane County:
Thurston County:
Whatcom County:
(206) 296-6696
(360) 337-4440
(360) 875-9309
(253)798-6111
(425)288-3711
(509) 477-2222
(360) 786-5406
(360)676-6740
First American Title
Form No. 14
Subdivision Guarantee (4-SO-75)
Guarantee No.: 4299-993347
Page No.: 5
8. The terms and provisions contained in the document entitled "Sewage Operation and
Maintenance Permit"
Recorded: December 12, 1990
Recording No.: 9012120103
9. Easement, including terms and provisions contained therein:
Recording Information: 3863511
In Favor of: YCOM Networks, a Washington Corporation, its successors and
assigns
For: Underground telephone transmissions lines and appurtenances
(Above Exception Affects Parcel A)
10. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property
and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term.
(Affects Parcel A and B)
11. Easement, including terms and provisions contained therein:
Recorded: Undisclosed
Recording Information: 167014 and 167933
In Favor Of: Puget Sound Energy, Inc., a Washington corporation
For: Electric transmission and/or distribution system
12. Reservations and exceptions, including the terms and conditions thereof:
Reserving: Strip of land 200 feet wide on line of Railroad or any of its
branches to be used for right of way
Reserved By: N.P.R. Co.
Recorded: September 10, 1875
Recording Information: Volume 11, Page 394
13. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey
recorded under Recording No. 8602100015 in Thurston County, Washington.
14. Easement, including terms and provisions contained therein:
Recorded: November 16, 1988
Recording Information: 8811160071
In Favor Of: Puget Sound Energy, Inc., a Washington corporation
For: Electric transmission.and/ordlstribution system
15. Covenants, conditions, restrictions and/or easements; but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, family status, or national origin to the extent such covenants, conditions or restrictions
violate Title 42, Section 3604(c), of the United States Codes:
Recording Information: 9401120141
16. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment
(Boundary Line Revisions):
Recorded: May 22, 1995
Recording Informaton: 9505220008
FirstAmerican Title
Form No. 14
Subdivision Guarantee (4-10-75)
Guarantee No.: 4299-993347
Page No.: 6
17. Mitigation Agreement and the terms and conditions thereof:
Between: Yelm Community Schools District No. 2, Yelm, Washington
And: FH1, LLC
Recordi ng. Information : 3875687
(Above Exceptions Affects Parcel B)
INFORMATIONAL NOTES
R. The following deeds affecting the properly herein described have been recorded within 50 years
of the effective date of this commitment: 198511120121, 198511150111, 198905180036,
3217067, 3459704, 3768018 and 3820148
S. General taxes for the year 2007, which have been paid.
Tax Account No.: 21725130200
Code Area: 182
Amount: $ 2,916.23
Assessed Land Value: $ 139,750.00
Assessed Improvement Value: $ 122,900.00
{Affects Parcel A)
T. General taxes for the year 2007, which .have been paid.
Tax Account No.: 21725130300.
Code Area: 182
Amount: $ 2,711.84
. Assessed Land Value: $ 161,100.00
Assessed Improvement Value: $ 87,200.00
(Affects Parcel B)
U. General taxes on the Mobile Home for the year 2007, which have been paid.
Mobile Home Tax Account No.: 99900798100
Amount: $ 979.37
(Affects Parcel B)
A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment
or policy. It is furnished solely for the purpose of assisting in locating the premises and First
American expressly disclaims any liability which may result from reliance made upon it.
FirstAmerican rt/e
Form No. 14
Subdivision Guarantee (4-10-75)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Guarantee No.: 4299-993347
Page No.: 7
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real properly; 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.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
i. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or
on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in
Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records" records established under state statutes at Date of
Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as stated herein, and which might cause loss or damage
for which the Company may be liable by virtue of this Guarantee. If prompt notice
shall not be given to the Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless, the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
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
Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in
Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to do
any other act which in its opinion may be necessary or desirable to establish the title
to the estate or interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company may
take any appropriate action under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall
do so diligently.
(b) 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
such Assured to object for reasonable cause) to represent the Assured and shall not
be liable for and will not pay the fees of any other counsel, nor will the Company pay
any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense
as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to fnal determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein; and permit the Company to use, at its option, the
name of such Assured for this purpose. Whenever requested by the Company, an
Assured, at the Company's 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 title to the estate or interest,as stated herein,
or to establish the lien rights of the Assured. If the Company is prejudiced by the
failure of the Assured to furnish the required cooperation, the Company's obligations
to the Assured under the Guarantee shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety (90)
days after the Assured shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the matters covered by this Guarantee which
constitute the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the Assured to provide the required proof of loss or damage, the
Company's obligation to such Assured under the Guarantee shall terminate. 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 Section 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.
Form No. 1282 (Rev. 12/15/95)
First American Tit/e
Form No. 14
Subdivision Guarantee (4-10-75)
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:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result in loss to the Assured within the coverage
of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage or a lienholder, the Company shall
have the option to purchase the indebtedness secured by said mortgage or said lien
for the amount owing thereon, together with any costs, reasonable attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee
shall terminate all liability of the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the Company offers to purchase
said indebtedness, the owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the Company upon payment of
the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant
any claim Assured against under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay..
Upon the exercise by the Company of the option provided for in Paragraph (b) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the, Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the
time the loss or damage Assured against by this Guarantee occurs, together with
interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as
stated herein and the value of the estate or interest subject to any defect, lien or
encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures any other matter Assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shall have fully pertormed its obligations with respect to that
matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent,
the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and. disposition of all appeals
therefrom, adverse to the title, as stated herein.
Guarantee No.: 4299-993347
Page No.: 8
(c) The Company shall not be liable for Idss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorheys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
li. 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.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the
Company. In interpretlng .any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, sfiall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall include the number of this Guarantee and shall be
addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12/15/95)
FirstAmerican rt/e