Title Report 001Form No. 14
Gubtllvision Guararrtee
Guarantee No.: 4299-99339)
GUARANTEE
Issued by
FirstAmerican Tit/e Insurance Company
Bel/ Towne Centre, 4200 6th Ave, sE, #Z01, Lacey, WA 98503
Tit/e O~cer.• Mitch Miller
Phone.• (360) 491-2441
FAX.' (866) 343-s409
Frrs[Rmerican Tide
Form No. 19
9ubaivision Guarantee @-10-257
First American
Title Team (Thurston)
Phone No. (360)491-2441
Fax No. (866)343-5409
Guarantee No.: 4299-99334]
Page No.: 1
Firs[ Ammon Title Insurance Company
Bell Towne Centre 9200 6th Avenue 9E, Suite ZOl
Lamy, WA 98503
Phn - (3W) 991-2441
Fax-(866)393-5409
Mitch Miller William Tiglao
msmiller@firstam.com btiglao@firstam.cam
FOURTH REPORT
SUBDMSION GUARANTEE
LIABILITY $ 1,000.00 ORDER NO.: 4299-993347
FEE $ 200.00 TAX $ 16.80 YOUR REF.: Palisades Wes[
First American Title Insurance Company
a Corpo2tion, herein called the Company
SubjeR to the Liability Exclusions and Limitations set forth below and in Schedule A.
GUARAMEES
KPFF Consulting Engineers
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 [he validity, legal effect or priority of
any matter shown therein.
2. The Company's liability hereunder shall be limited [o the amount of actual loss sustained by the
Assured because of reliance upon the assurance herein set forth, but in no event shall [he
Company's liability exceed the liability amount set forth above.
3. This Guarantee is restricted to [he use of the Assured for the purpose of providing title evidence
as may be required when subdividing land pursuant [o the provisions of Chapter 56.17, 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: November 20, 2007 at 7:30 A.M.
FrsfAmerican Trfle
Farm No. ]9
subdlmsion Guarantee (9-10-)5)
SCHEDULER
The assurances referred to on the face page are:
A. Ttle is vested in:
Guarantee No.: 439999330
Page No.: 2
Eran Ben Sira, as to that portion entitled Tract "E" of the proposed plat of Palisades West as
described on Quit Claim Deed recorded under Recording No. 3969811 and FH 1, LLC, a
Washington Limited Liability Company, as to [he remainder
That according [o [he 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 [o the State of Washington.
4. Documents pertaining to mineral estates.
DESCRIPTION:
The land referred to in this report is described in Exhibit A attached hereto.
Fnrnmc ~~ar, roe
Form No. 19 Guarantee No.:4299-993341
Subtllvision Guarantee (4-1045) Page No.: 3
EXHIBIT A
LEGAL DESCRIPTION
Parcel A:
The West 902.4 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 No. 5-H;
Excepting therefrom [he South 16.5 fee[.
In Thurston County, Washington.
Parcel B:
Parcel A of Boundary Line Adjustment No. BLA-8194, recorded under Filing Number 9505220008, in
Thurston County, Washington.
Parcel C:
A strip of land lying Westerly of a tract of land described under s[atuatory warranty deed as recorded
under Thurston County Auditor's File Number 3768018 and Easterly of a tract of land described under
statuatory warranty deed as recorded under Thurston County Auditor's File Number 3620148. Said strip
of land more particulary described as follows:
That part of the Southwest Quarter of the Northeast Quarter of Section 25, Township 17 North, Range 1
East, W.M., lying Westerly of Parcel A of Boundary Line Adjustment No. BLA-8149, recorded under fling
number 9505220008, in Thurston County, Washington and lying Easterly of the West 402.4 feet of said
subdivision, lying Southeasterly of Secondary Highway No. 5-H; excepting therefrom the South 16.5 feet.
APN: 21725130200
APN: 21725130300
F.sramerkan roe
Form No. 19 Guarantee No.: 4399-99334)
subtlivision Guarantee (4-lOdS) Page No.:4
RECORD MAT7ER6:
Delinquent General Taxes for the year 2006
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: $ 1,139 .26, plus interest and penalty
(as to Parcel A)
Liability, if any, for general [axes, said premises not being carried on the General Tax Rolls
(as to Parcel C)
Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing and the
terms and conditions thereof.
Grantor: FHl, LLC, a Washington Limited Liability Company
Benefciary: 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 No(s).: 3874132, 3874133, 3874134 and 3874135
(affeCLS Parcels A and B)
Deed of Trust and the terms and conditions thereof
Grantor: FHl, LLC, a Washington Limited Liability Company
Benefciary: Prairie Baptist Church
Trustee: First American Ttle Insurance Company, a Corporation
Amount: $300,000.00
Recorded: April 03, 2006
Recording No.: 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(s). 3874132, 3674133, 3874134 and 3874135 by agreement
recorded October 19,2006 under Recording No. 3674136 .
5. Financing Statement
Date Recorded:
Recording No.:
Debtor:
Secured Party:
(affects Parcel A)
October 19, 2006
3874137
FH1, LLC, a Washington Limited Liability Company
WF Capital, Inc., a Washington Corporation
FrsfAmerkan THe
Form No. 19 Guarantee No.: 4299-99334)
Subtllvi sion Guarantee (4-10-)5) Page No.: 5
6. This guarantee does not include the mobile home located on the property herein described.
7. Reservations and exceptions, including the terms and conditions thereof:
Reserving: strip of land 200 feet wide on line of Railroad or any of itr
branches to be used for right of way
Reserved By: N.P.R.R. Co.
Filed: September 10, 1875
Volume/Page(s): 11/394
8. Easement, including terms and provisions contained therein:
Recording No(s).: 167014 and 167933
In Favor Of: Puget Sound Pwer & Light Co., a Washington corporation
For: electric transmission and/or distribution system
9. Conditions, notes, easements, provisions and encroachments contained and/or delineated on the
face of the survey recorded under Thurston County Recording No. 8602100015.
10. Easement, including terms and provisions contained therein:
Recorded: November 16, 1988
Recording Information: 6811160071
In Favor Of: Puget Sound Power & Light Co., a Washington corporation
For: electric transmission and/or distribution system
11. The terms and provisions contained in [he document entitled "Sewage Operation and
Maintenance Permit"
Recorded: December 12, 1990
Recording No.: 9012120103
12. Covenantr, conditions, restricti ons and/or easements; but deletlng any covenant, condition or
restriction indicating a preferen ce, 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, SeQion 3609(c), of the United States Codes:
Recorded: January 12, 1999
Recording No.: 9401120141
13. Terms, covenants, conditions a nd restrictions as contained in recorded Lot Line Adjustment
(Boundary Line Revisions):
No.: BLA-6194
Recorded: May 22, 1995
Recording No.: 9505220006
19. Easement, including terms and provisions contained therein:
Recorded: September 7, 2006
Recording No.: 3863511
In Favor of; YCOM Networks, a Washington Corporation, its successors and
assigns
For: underground telephone transmissions lines and appurtenances
grs[AmeH[an TILIe
Form No. 19
subdivision Guarantee (9x0-~5)
Guarantee No.: 6299-9933x2
Pd9P NO.: 6
15. Mitigation Agreement and the terms and conditions thereof:
Between: Yelm Community Schools District No. 2, Yelm, Washington
And: FH 1, LLC
Recorded: October 25, 2006
Recording No.: 3875687
16. Matters which may be determined upon examination of the foal plat.
INFORMATIONAL NOTES
A. 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)
B. General taxes for the year 2007, which have been paid
Tax Acoount No.: 21725130300
Code Area: 182
Amount: $ 2,711 .84
Assessed land Value: $ 161,100 .00
Assessed Improvement Value: $ 67,200 .00
(affects Parml B)
C. 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 i[.
Frs[Amenran Trtle
Form No. 19
Gubdlvisipn Guarantee (9-10-05)
9CXEOUIE OF E%CLV9IONG FROM COVEggGE OF TNIG GURMNTFE
Guarantee No.: 4399-993347
Page No.: )
L 6cept ro the extent [lu[ speciFlC assurance are provitletl'm Scneeule A of Nis Guarantee, [he Company assumes no IiabiliN for los pr tlamage ny reason of Ine following'.
(a) DekcV, Here, encumbrances, atlverw claims or ptMr matters againrt tM title, whether or rot sMwn by me publinecortls.
(b) U) Taxes or assessments or any taxing aMMhN mat levies taxes or aswssments on real proceM: or, (z7 Pmceeeings br a punrc agemv wnicn may esut in taxes
or assessments, or nobms of such proeeeeings, wbemer or not me matters excwtlM gMer (1) or ¢) are mown by ng recoes of me taxing aptlgnN or by me pgnfrt
emms.
(c) (p unpatemetl mining eaims; (z7 rewrvanons or exrepnom in parents pr in Aaz aumonzing me isseame merwp (z) water ngntz, oaims or one m wafer, wnemer
not [M matters exdutlM under (q, (z) or (3) are mown by [M1e public records.
L Notw¢MNMim any specific asuranms wnicM1 are providetl in Schedule A pf mis Guarantee, [M1e Company assumes no IiabiON for loss or tlamage by reawn of [M1e
fallowing:
(a) Defects, hero, emumbrances, adverw claims pr other matters affecting Ne title to airy propeM beyond me Imes of IM lane expressly tlescnbetl In [M1e tlewnDtion se[
form in YMtlule (A), (C) pr in Part 2 of Mis Guarantee, or title tD streets, roatls, avences, lams, ways or waterxays tp wnkn sucn IoM abut, or IM1e ngn[ to maintain tnerein
vaults, tunnels, 2mps, or ant struRUre or ImprovemeMS; or any ngnh or easemen6 tMrein, unless sucM1 propeM, egn[s or eMemen6 are expressly and sDecifcally u[ form
said eescnpnon.
n (b7 Defects, liens, enumbrances, aMerse claims or other matters, wnemer or not shown by [M1e pubGC recores; (1) wnkn are created, suRered, assumetl or agreed to by
e of me Asureds; (]) which result In no loss [o me Assured; or (3) which tlo m[ result 'm [M1e irnalieiN or DofenOal imalitliry o(any Judicial or npnJMidal
proceedmgrwnicn is wimin the srope ant DurDOSe of IM asurances DromtlM,
(eJ Tne leen[iN of any pant shown Or refertetl N N Rneeule A.
(d) Tne valltliN, legal effect or prionN of any matter shown or relenetl to In this Guarancee.
GUARRNTEE CONDITIONS RND STIPULATIONS
I. cennltlpn eTerms.
me following terms when used In the Guarantee mean'.
(a7 the ^ASwrea^: [M pant or parties nametl as me Assuretl m Mis Guarantee, pr
on a supplemenNl writing exeMee by me Company.
(b) "IoM": IM lantl tlewribM or relepetl N in Schedule (A) (C) or In Parc 2, antl
improvements arFlxetl [hereto wnicn by law constitute real proDeM~ Tne term'Iane"
does pot induee any propeM beyond [M1e lines of [M1e area tlesmbetl or referretl m In
ScnMUle (A) (C) m In Part 2, nor am/ ngn[, title, Interest, estate or easement In
abutting streets, roads, avenues, alleys, lams, ways or waterways.
(Q "mortgage": mortgage, aeetl of trash tru# deed, or other secunN instrument.
(tl) "public recpms" cords a#abGSnetl uMer #ate statutes at Dafe of
Guarantee fm [tie purpose of Imparting ronsro#IVe notice pf matters relating N real
propeM to purchasers for value antl wRMU[ knowledge.
(e7 "tlate'". [tie effective tlate.
3. Na[Ice Of Claim [a be Given by Aaauretl Ualman[.
An Asuree shall ngGfy me Cnmpan'y promptly in wnnng In Wse krowletlge shall
me to an ASSUretl hereuMer of arty cWim of title or interest wnkh is atlverse to Ine
title to me estate or In[ere#, as #a[M herein, ant which might cause Ipss or tlamage
for which the Company may be liable by virtue of this Guarantee. If prompt entice
shall not be given to tie Company, Nen all IiabiliN of Ibe Comparry snail terminate
w¢n regaN to IM1e matter or matters for wh'¢M1 promo[ notice u repuiretl; provided,
noweveq Na[ fagure to notlN me Comparry shall in m rase prejudice the rights of
any Assured antler Mis Guarantee unless me Company snail be preJUeiced by the
failure antl then only ID IM1e eMen[ pf me prejutliw.
3. No Duty to De/end or Prosecute.
The Company shall nave m duty m tlefentl m prosecute any action or Drmeetling to
whim me nssprea 'a a pant. lwtwlmsrantli~ the nature of am allegation in sucn
action or proceMNg.
a. camwnr's option m Deena o. Prosecute Ac4am; Dury m Aaanrea
CldimeM [o Cooperate.
Even [lough tie Company bas m duty W tlefene or prosecute as se[ forth in
Paragraph 3 above:
(a) Tne Company shall nave IM1e ngnt, at i6 sole option ant Cost, tp InsbN[e ant
prosecute any anion or pmceeeinq, mcerpow a defeme, as IimRM m (b), or to ap
any purer as wnicn m its opinion maybe mressary or aesname m establish me roe
to [M estate or intere# as stated Herein, or to esrabllsn [M1e lien ngnts of the
Assured, or [0 prevent or reeuce IoSS or tlamage to Ne Assured Tne Company may
take any appropriate a[fipn untl¢r me [elms of Inls Guaran[¢e, wnemer or tip[ tt Shall
be liable nereuntleq antl shall nit [M1Preby conceee IIabIIIN Or waive arty pmvlAOn of
IM1is Guarantee. If UN Comparry shall exercise its rights uMer this paragraph, R snail
tlo w tllligently.
(b) If Ine Comparry elects to exercise i6 options as stated in Paragraph 4(a) Ine
Company shall nave Ine ngn[ [o select counsel pf its choke (subje# m [M1e right of
sucn AssurM to oqe¢ for reazonabk muse) to represent Im Assured and shall not
be Hanle for antl will no[ paV Ne fees of arty o[Mr wunsel, mr wgl Ine Company pay
any reel, cows or expenses mcurretl by an nswree in me tlerense or mdse causes m
action wnicn allege matters no[ mvere0 by Ihls Guarantee.
(<7 Whenever [M1e Company shall nave brought an action or m[erpowtl a defenw
as permittM by [M1e provisons of IM1is Guarantee, me Company may pursue airy
li[iganon to foal determination by a muR of Competent Junstllcnon ant expressly
reserves [M1e ngM, in its wk tliwrebon, to appeal from an atlverse juagmen[ or ortler.
(d7 m au case where Mis Guarantee permits tie company to pmwcu[e or
provide for Ine defeme of any anion pr procttNing, an Assuretl shall secure m the
Company Ine right [o w prosecute or proNtle for [he defer6e of any action or
proee Virg, and dll appeals tnerein, and permit [he Company to use, at Its opfpry Me
ame of mcn Assuree for Mis purpose. WMrever reque4M by [M1e Company, an
AssureQ at me Cpmparry's expense, shall give the Company all reawnable aitl In any
tttlon or proceeding, w unng evitlence, obtaining w¢msses, prosecuting o
defending (tie acnpn pr IaMUI aft wMCn In [tie opinion of the Company may be
ssary or desirable to esNbllsn Ine tltle ro [tie estate or intere# az sW[M herein,
ord (o a#abllsn [M lien rigM1b of me Aswred. If [M1e Company Is preJUdiced by IM1e
failure of tM Asuree [o furnish [M1e requiretl woperafon, [M Company's obligations
m me Assuretl uMer [M Guarantee shall termimte.
5. Prop/IN LO2s or Damage.
In atltlition N and after the m[ices required uMer SeRion E of mess CoM¢ions and
Stipulations M1ave been provided to me Company, a proof of loss or tlamage signee
antl svom to by the assuree shall be furnisnetl to [M1e Company wimin ninety (90)
days after IM1e Assuretl shall ascertain the facts giving nse lO IM1e loss or damage. Tne
proor or loss pr aamage snau eesrrme me matters covered by Nis waramee wnicn
con#iNte IM bass of loss or tlamage and shall sate, ro the extent posible, Ine
bais of calculating me amount of me Ipss m aamage. If [M company Is preJMlcetl
by the failure of Ine Assuretl m provide Ne required proof of loss or tlamage, me
Compdny's pbliganon Ip wcn Assuretl antler IM1e Guarantee still termiw[e. In
Mdrtion, the Assuretl may reawnably be requiree to submit to examination uMer
pain by anry aumorizee represenranve pl IM1e Company antl shall Drotluce for
inabon, inspeMlon ant copyNg, a[ such reawnable times and glares as may be
designated by anry autnoreetl representaCrve of Ine Comparry, all recoes, books,
letlger; check$ cprrespoMeMe and memonaMa, wne[hef neari ] d tldR before or
after Date o(Guarantee, wM1lch reawnably pertain W the loss qr damage Furtheq p
requested by am au[M1Onzetl representatlve of [he Company, Ne A55uretl shall grant
its permission, in wnnnq, for am aumonzed represemarve or me compam m
examine, Inspect and copy all recoms, nooks, letlgers, checks, rorrespoMence ant
rondo In [M crsmtly pr mnbol of a mini pant, wnicn reawnabN certain m the
Loss or Damage. All Information tlesgwtM as Congtlential by me Assured prpvitletl
to me Company, Durswn[ m Nis Settgn shall not be tllsdosed to omers unless, In
Ine reawnable Judgment of Ine Company, it is mcesary In IM1e MministraMn of [M1e
claim. Failure of Ine Pssuned to submit for examination uMer path, protluce omen
aowblY reque#etl Information or gran[ permissan N secure reawnably mcessary
inkrmanon from third panes a required in Ibe above paragraph, unless prpMbited
by law pr governmental regulation, shall terminate any IiabillN of Ine Company antler
[his Guardntee tq Ih¢ Aewred for [hat Balm.
Porm Na 11H2 (Rn. 1)/6/951
FirsfAmerican Title
Form No. 14
Subdivision Guarantee (4-10-05)
6. Options to Pay or OLMfv:lae Settle Claims: Termination of Uabiliry.
In cau of a claim antler this Guarantee, me Cpmparry shall M1ave IM1e !allowing
atlaitipnal pptlona:
(a) To Pay or render Payment of Ine Amount of Liabinry or to Purchase Ine
Inreb[erness.
The Company shall nave [be option m pay pr settle or compromise rot or in me name
Dr me Assnree aM claim whim reple re:cot In mss ro me n ores wimm me wveage
of Ihls Guarantee, or to pay the full amount of mis Guarantee oq if [nls Guarantee Is
ssuetl for the ber4Nt of a Miser of a mortgage or a lienholtleq [M Company shall
nave Ine option to Ourchase [he IWebtesness secures by sale mortgage or saitl Tien
for me amount owing [hereon, [ogemer wim any costs, reasonable attorneys' fees antl
expenses'mcurree by the Assured claimant wnlcn were aumonzetl by Ibe Comparry up
to me time of purchase.
Such puchase, payment or tentler o! payment of th2 full amount of IM Guarantee
snail termiryte all liablliN of me Company Mreuntler. In the even[ sleet npbce of
claim haz been given m [M CompaM by me Assuretl me Company offers to purchase
saitl IntlebtWness, the owrer of wch IrWeb[edness shall [ramfer antl assign saltl
Intleb[etlness, mgemer with aM collateral security, ro [he compaM upon payment of
the Durcbaze Drire.
Upon me exercise by tie compaM of [M opbpn prpvitletl for In ParagrapM1 (a) the
Company's pbnga0on m Ine nuretl antler [his Guarantee for the claimer loss or
damage, omen man to mare me payment requires in that paragraph, still terminate,
Ind Wing any obGgabon [o <onbnue me tlefense or prosecution of any Iitiga[ion for
which me CompaM has exercises its options uMer Paragraph 9, antl IM1e Guarantee
man be snneneeretl ro the company mr cancenatipn.
(b7 ro Pay pr omerwiw seine wim vainer omer than Ine Assnretl or wim Ine
hares aaimant.
Tp pay pr otberwiw settle wim omer panes for pr In me name pf an Assures claimant
any claim nuretl against antler this Guarantee, logMner wRh any cosh, a[Nrneys'
lees aW expenses isomer M the Assurpe dolman[ which were aumpnzes by Ine
CompaM up to Ine time of payment aW wnlch me Company Is pbliga[etl [p pay.
Upon me exercise by IM CnmpaM of the option provitletl for in Paragraph (bJ IM1e
CompaM's obligation [o tie Aaeures uMer Nis Guarantee for IM1e daimetl loss or
tlamage, omer [man ro make me payment requiretl in that paragraph, shall terminate,
irelutling any obligation to contlnue the tlefense or prosecution of any litigation for
whicM1 the Company haz exercises its optlors antler Paragraph 9.
J. Determination and EateM Of LIabIIRy.
This Guarantee is a wntraR of Intlemniry against xtual monetary loss or coinage
w#ainetl or inwrrW by Ine nu~W claimant wtro M1as sufferer loss or damage by
reason o! rellarKe upon tM azsurances set forth In this Guarantee one only ro [be
extent nereln eesvmee, one subleR m me Exdu9ons Rom Coverage o! TM1is
Guarantee.
TIR LlabiliN Of me WmpaM onset mis Guarantee to Ne nuetl shall not exceetl the
lea#of.
(a) me amount of uabbiry stater in Scnerule A or in Part z;
(b) IM1e amount of me unpals principal Intlebmtlruss secures by the mortgage of an
nuretl mortgagee, as Ilmitetl or provitletl uMer Settgn 6 0! mere cpnenions one
Stipulations or a retlucetl order Settbn 9 0! [M1ese Contlitions one 5[ipulaWns, a[ the
time IM1e loss or tlamage Assurer against by IMS Guarantee occurs, mge[her with
interest merepn; pr
(c) me tlifference between the value o! the e#ate pr Interest coveretl hereby as
statetl M1erein and [M valor of the estate or Interest subRCt to any tle@ct, lien or
encumbrance Asuretl against by cols Gwrantee.
e. Limltatlon of Llabllity.
(a) If IM1e Cpmpany a#ablisnes [he title, or removes IM1e allegetl tlefeR, lien or
umbrance, o s aM omer matter hares again! br mis Gwranee In
pnably ailigena manner M any metlwe, rogueing I¢igatlon one me completion pr
anysappeals [nerefrpm, I[ snail have fatty Dertormes its obllgMlons wim respell ro ma[
matter aM shall not be Ilable for any loss or tlam~e causetl [hereby,
(b) In the event of any II[igatlon by me CompaM or with IM Company's consenq
me company snail hate no liablllry for loss or tlamage until mere has been a Flnal
seterminatipn M a court or competent junsambon, antl eisppsnon of all appeals
therefrom, deVeRe ro the We, as #antl ne!¢In.
Guarantee No.: 4199-99334)
Page No.: B
(c) Tne Comparry shall not be Wble for loss or tlamage m any Assuretl for liability
vowntariry as mea Iry me Acores in senling arty claim pr stet wimout me
poor written consent prtne Company.
9. Retluction of Liability or Terminatlon MLlablllty.
All paylcenls antler lMS Guarantee, except payments matle kr costs, attorneys'fees
antl expenses pursuant to Paragraph 4 shall retlure me amount of Ilablllry pm tamp,
Ia. vaymenc or Laos.
(a7 No payment snail be mare witMut protlugng [nls Guarantee for entlorsement
of me payment unless IM Guarantee has been b# or tle#myeq In which <aa proof
of mss or tle#ruttipn shall be furnishes to lne sansfadion of me Comparry,
(b) When (lability one [he extent of loss or tlamage bas been tlefmitely hxetl in
cpmance wim mere cpmrtipns antl stipulatrorrs, me loss or eamage shall be
payable wRMn [hlrtY (30) tlays [hereaker.
11. SubropMian Upon Paymentpr S ltlement.
Whenever the Company shall M1ave settle0 aM psis a claim antler ink Guarantee, all
rigM1[ of subrogation small vest In [he CompaM unaffedetl by any all of me Assuretl
claimant.
The CompaM shall be subroga[etl m aW be entille0 ro all rights antl remetlles wNCn
men urea wawa na.e naa agam# any cerspn or property In respect ro me Balm naa
[his Guarantee opt been Issues. If reque#etl by [be CumpdM. tM Asuretl dull
[ran4er tp [be Company all ngb[s antl remetlles against airy perwn pr propeM
necessary in oNer ro Perfect mis ngn[ of subrogation. The nuretl shall permit me
Company m sue, cpmpromtse pr seine in [be name o! the Aswretl antl m use Ine
e of me nuretl in any Iransattion or libganon IrrvoNitg these ngnts or remedies.
If a payment on swoon! of a dalm aces not fully corer Ine I¢ss of me 0.suretl Ine
CpmpaM shall be subrpga[etl to all rights am remetlles of me hares sleet me
nut W shall have remveretl i6 pnMipol, 'mt¢res[, dW cosh of <nlle[bnn.
1J. RrbitrMion.
Unless problbiter by apPllcable law, eimer Ine Company or [be purer may semantl
arbiha[lon pursuant ro the Title Insurarce ArbihMion RUles Of tM American ArbiVabon
Association. Arbitrable matters may indutle, but are iw[ Ilmltee m, any wntroversy pr
claim between [be CumpaM aW the Assuretl ansirg out of or relating to tnls
Gwrantee, airy service of the Company In mnneaion with Its issuance or me breach
of a Guarenme provision or omer obliga[on. NI arbitrable matters when the Amount
of Uabillry is $I,000pW or less shall be arbRra[W at Ine option pf 0mer me Company
or me ASSUrtN. All arbltRbl¢ matters when me amount of IlabillN Is In excess of
$1,000,000 still pe arbitretetl onty when agreetl ro by bon Ine CompaM antl Ine
nuretl. The RUles in shed a[ Dare of Guarantee shall be blMing upon IM1e parties.
Tne aware may Induce attorneys' fees Doty If Ine laws of the state in which the !antl Is
loca[etl permits a court to awaN attorneys' fees to a prevailing paM 1W9ment upon
IM1e aware rendered by me ArblVa[pr(s) may be enterer In any court bating
Iwlssidipn IbereoC
The law o! [be sitar of the !antl shall avply m an arbRraPOn antler Ine Title Insurance
ArbTra4on Rules.
A copy of me Rules may be obtainer hom me Company upon request.
13. Llablllty Llml[etl [o TM1IS Guatan[¢¢p GuanMee Entire CnntM.
(a)Thls Guarantee togemer wim all ensprsemenh, If any, attachetl berem M IM1e
cpmpaM is [he entire Gwrantee aW mnhatt between IM1e Assures antl me
Compairy. In N[erprebng arty pmvisipn of mis Guarantee, mis Guarantee shall be
pns[ruetl as a whale.
(b) AM claim of loss or tlamage, whether or opt basetl on negllgenre, or any action
serting such claim, shall be re#ric[er to [M1is Guarantee.
(q Np ameWment pf or enmrsement tp mis Guarantee can be made except by a
writing eMprsetl berepn or attaches herero sigrxd by ertber [he Pre#tlen[, a Nce
Preslrent, Ine Secretary, an nI#ant Secretary, pr valiea[ing officer pr autbpnzer
signarory of [M compaM.
1<. Notices, W bete 9eM.
All notkes requires to be given the Company aW any #a[ement In writing requiretl [o
be furnishes Ine CompaM small indutle [M number of mis Guarantee ans shall be
artlressetl tp the Company a[ 2 Frs[ American WaY. SM9. 2, Santa Ana, U. 9DOI.
FmnNp. llBl (0.p. 11/(5(95)
Frh[American Title