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Grant Deed 1994-0725409 ^ ~, \f\ ~CORDING REQUESTED BJ RECORDING REQUESTED BY'. r.O/.\,\10NWEAL TH LAND TIl1.E CO. RECuRDED MAIL TO: 21 c~: I 1994-0125409 22-DEC-1994~:OO AM OFFICIAL RECORDS SAIl OIEGO COIIITY RE!:OROER'S OFFICE GRE60RY SnITH, COUNTY RECORDER FEES' 0.00 DC AND WHEN THE CITY OF POWAY,a Municipal Co poration CITY CLERK P.O, Box 789 Poway,CA 92074-0789 Title Order No. 968982-4 Escrow No. 7407l-V Assessor's Parcel No, 278/290/07 & 278/201/01 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor(s) declare(s): Documentary transfer tax is (X) computed on full value of the interest of property conveyed, or ( ) computed on the full value less the value of liens or encumbrances remsining thereon at the time of sale. ( ) Unincorporated area. () City of FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GAIL H. FELDMAN, and RAYMOND G. FELDMAN, hereby GRANTS(S) TO THE CITY OF POWAY,a Municipal Corporation, the following described real property in the County of San Diego, State of California. PARCEL 1: THE NORTH HALF OF THE NORTHEAST QUARTER, AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, ALL BEING IN TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER,LYING WESTERLY OF A LINE, AS MORE PARTICULARLY SET OUT IN THE ATTACHED I-PAGE LEGAL DESCRIPTION, TOGETHER WITH EASMENT PARCEL 2, BY THIS REFERENCE INCORPORATED AND MADE A PART HE~; Dated: ~~~ \qq~ STATE OF Q.o... COUNTY OF OYO..v\.Q 9- .) On ) 55 ikp 11 #~n~ GAIL H. FELDMAN a Not , before me, =~ t :t~ ~ Public in and for RAYM ND G. FELDMAN jJR~ ~ ~ 9..\C~'{I.. ~ J1... fcJ- \ QC1'\- er~O~11 personally known to me (or proved to me on the b is of satisfac- tory evidence) to be the person(s) whose name(s) OL~scribed to the within instrume~ acknowledged to me that . executed the same in . authorized capacity(ies). and that by such signature on the instrument the person or entity executed the instrument. Signature ~, H",,"&' MAIL TAX. )^^^^^^^^^^^^^( O~k} Stacy Proctor s: ,,,,;'- -77:::::,:S. Comm. #1005396 f'\ v~5:;'E "";.. :",;1"'NOTAR'i PUGU~ . CAU;:QRNIAUI :2 :'t"::.'S;tY" 08mG1: COUNTY 0 I 1".0;\ \ Comm. ExplresSep!.26, 1997- .~v......."...,.........,....vv.................... WITNESS my hand and official seal. (This area for official notarial seal) STATEMENTS AS DIRECTED ABOVE 968982 Page 3 22 EXHIBIT "I" Parcell: The North Half of the Northeast Quarter, and the Southeast Quarter of the Northeast Quarter of Section 32 an:! the Northwest Quarter of the Northwest Quarter of Section 33, all being in Township 13 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the U.S. Government Survey approved November 19, 1880, Excepting therefrom that portion of the Northwest Quarter of the Northeast Quarter, lying Westerly of the following described line: Beginning at the Northwest corner of said Section 32, as said Northwest corner is shown on Record of Survey Map No, 4063 fIled in the Office of the County Recorder of said San Diego County, October 31, 1956; thence along a straight line which connects said Northwest corner of Section 32 with a two inch iron pipe marked "R.E, 2718", shown as found on Record of Survey Map No. 3898, fIled in the Office of the County Recorder of said San Diego County, April 12, 1956, and designated thereon as "Agreed Property Corner Between Owners" said straight line being the Southerly boundary of land described in Quitclaim Deed to Poway Investment Company recorded in the Office of the County Recorder of said San Diego County, April 19, 1963 as Document No. 68112 in Series 4, Book 1963 of Official Records, South 89051 '06" East (record South 89038'00" East) a distance of 684.59 feet; thence North 16037'25" West 215.00 feet to a point which bears North 71 051 '04" East 655.70 feet from the Point of Beginning; thence North 06024'15" East 196.05 feet; thence North 35054'45" West 443.18 feet; thence North 09051 '24" West 356.09 feet; thence North 60022'43" East 1319.41 feet to the Westerly line of that certain parcel of land as described in Parcel I in Quitclaim Deed to Floyd E. Clemens, recorded in the Office of the County Recorder of said San Diego County, April 19, 1963 as Document No. 68113, in Series 4, Book 1963 of Official Records; thence along said Westerly line, North 04004'08" East 948,36 feet to the Northwest corner thereof; thence along the Northerly line of said land so described, North 89013'24" East 1306.15 feet (record North 89045'11" East 1305,29 feet) to the Northeast corner of said land; thence along the Easterly line of said land, South 08055'45" West 2349.24 feet; thence leaving said Easterly line, South 07007'14" East 712.63 feet to a point which bears North 84010'51" East 3412.59 feet from the Point of Beginning; thence South 36023'48" East 193.81 feet; thence South 76013'06" East 491.14 feet; thence South 07005'24" East 607.65 feet; thence South 17042'40" West 494.10 feet; thence South 47002'31" West 225.00 feet; thence South 08019'20" West 421.44 feet. Parcel 2: An easement and right of way for road purposes over and across that portion of the Southwest Quarter of the Northeast Quarter of Section 32, Township 13 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, CLTA Preliminary Report FOrnI (Rev. 11/18/82) 968982 Page 4 23 according to the D,S. Government Survey approved November 19, 1880, lying within a strip of land 40.00 feet in width, the center line of said strip being described as follows: Beginning at a point in the South line of said Northeast Quarter, distant thereon South 89012'57" East 753.40 feet from the Southwest corner of said Northeast Quarter; thence North 00015'33" East 104.50 feet; thence North 14032'12" West 157.62 feet; thence North 29019'57" West 60.37 feet; thence North 13010'03" East 112.52 feet; thence North 08049'00" West 134.01 feet; thence North 02045'00" East 90.25 feet; thence North 14052'30" East 192.87 feet; thence North 25003'00" West 191.73 feet; thence North 18048'15" East 54.72 feet; thence North 33042'45" East 223.78 feet; thence North 34010'15" East 81.38 feet to a point in the Northerly line of said Southwest Quarter of the Northeast Quarter, distant thereon South 89046'33" East 792.53 feet from the Northwest corner of said Southwest Quarter of the Northeast Quarter. The sidelines of said strip to be prolonged or shortened so as to fonn a continuous strip of land 40.00 feet in width which intersects the Northerly line and the South line of said Southwest Quarter of the Northeast Quarter. CLTA Preliminary Report Fonn (Rev. 11/18/82) .. 24 state of California County of Orange On ~~M"''ZIZ.t21 \qg\.j- , befo;t'-e 11!e, stacy Proctor, Notary PUblic, personally appeared Go.',\ ~ ,\-\L\aw.o.Y'-, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that their signatures on the instrument the persons or the entity upon behalf of which the persons, executed the instrument. Subscribeg." and ,S\yc;>rlh( p~ affirmed) before me this .~C' Q'I\^-~Q ^-~ , 1994, by '-'->o.\~~...i:.~~W\.(A,^-; /)~~ p~~ stacy Proc r My Commission Expires: )(J^ :,&>^ ^. ~~ .~( T" '-'.-c-;c,.-." c~-'v'Y O'.oc~-r ~ ?t;~'~ir-i -':j'~\ __ ~,.:::';~.;.' I ~c:.::,~15 s: G ':', ~., '. -.'r:l,o/"cr;~:,':" '~,LlC c.',:"',,-O.9NIAG) ~ (~~'");v'j G",...:~c::: cou:~1y 0 ! ~ COm:11,ExplresSept26,1997-1o (Se 1 r . . ~ . . . . . . . ~~ September 26, 1997 25 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the deed or grant dated \9.-;).-'1 '1 from iOqi\ j.{ rd~ 't R~hL,,^,( 0,. Fe..ltL......"-.-- to the City of Poway, a political corporation and/or goverhmental agency is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34 adopted on January 20, 1981, and the grantee consents to recordation thereof by its duly authorized officer. Dated: 1~ - \~-"\'-1 By: "n\~~ " \ "-.) k ?U c0J>-t:-- G1. ..Jssmont ESCROW Co. P.O. a.x 277 4757 PALM AVENUE LA MESA. CA 91941 TEL. (619) 469-2181 FAX (619) 469-9504 /_ R E eEl V E D '\ \ ..I~N 3 01995 CITYOFPOWAY -( CITY CLERK'S OFFICE THE CITY OF POWAY,a Municipal Corporation 13325 Civic Center Dr, Poway, CA 92064-0120 ESCROW NO: 74071-V DATE: January 27, 1995 RE: APN 278-290-07/278-201-01, California Attn: City Clerk We are enclosing the following documents in connection with the above numbered escrow: )Check for $ )Settlement Statement }Trust Deed Note for $ )Trust Deed Note for $ )Deed of Trust (x)Original/ Policy of Title Insurance No, 968982-4 issued by Commonwealth Land Title. ) )Fire Insurance Policy )Bill of Sale from )payment Booklet )1099 Tax Form Grossmont ESCROW CO, }+----- J~~ Norma Verbeck,Escrow Officer By >7jJ,~ ~ .fla-L-Iv-( d~~ l~/~TP-~ nv POLICY OF TITLE INSURANCE ISSUED BY mt Commonwealth. Land Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A ~ing vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability nf the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF. Commonwealth Land Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned on Schedule A by an authorized. officer or agent of the Company. "," 11TL[ /+ 'v~ . J'? ~ ~ z ~ - n ~ ~ [} o~ ',' 'if /f;OJ_ ,\I~ COMMONWEALTH LAND TITLE INSURANCE COMPANY "-'r jfJ ir:! By ~~ President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental reg.dation (including but not limited to building or zoning laws, ordinances, or regulations) restricting. regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records al Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, .encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. CLTA Standard Covarage Policy - 1990 Page 1 Form 1183-1 ORIGINAL Valid Only If Schedules A and B and Cover Are Attached CONDITIONS AND STIPULATIONS 1. DEANITlON OF TERMS. The following terms when used in this policy mean: (a) "minTed": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured. those who succet:d to the Interest of the named insured by operation of law as distinguished from purchase including, hut ~ol limited to, heil1i, dislribuleeS, devisees. survivon, perwnal repretcntatives, next of kin, or COrpoTllte or fiduciary successors. The term "insured" also includes li) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however. all rights and defenses as to any successor that the Company would have had against any predecessor insured, unlcS!! the successor acquired the indebtedness as II purchaser for value without knowledge of the assened defect, lien, encumbrance, advene claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether rnuned as an insured herein or not; (iil) Ihe parties designated in Section 2 (a) of these Conditions and Stipulations. (b) "insured claimant" an insured claiming loss or damage. (c) "insured lender": the owner of an insured mortgage. (d) "insured mortgage" a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) ..knowledge" or "known": actual knowledge, nOI constructive knowledge or nouce which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (I) "land'.; the land described or referred to in Schedule { AI, and improvements affixed thereto which by law constitute real property. The lenD "land" does not include any property beyond the lines of the area de:wribed or referred to in Schedule I AI, nor any right, title, interest, estate or easement in abutting stn:ets. roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is IDSUred by this policy. (g) "mortgage"; mortgage, deed of trust, trust deed, or other secunty instrument. (h) "publit records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purehaser.; for value and without knowledge. (i) "unmarketability of the title": an alleged or apparent matter alTecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. (a) After AcquiSition of Title by Insured Lender. If this policy insures the owner of the indebtedness secured by the insured mortgage. the coverage of this policy shall continue in force as of Date of Policy in favor of (i) such insured lender who acquires all or any part of the estate or interest in the land by foreclosure., trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; (ii) a transferee of the estate or interest so acqUIred from aD insured corporation, provided the transferee is the parent or wholly-owned subsidiary of the insured oorporation, and their corporate successors by operation of law and not by purchase, subject to aDY rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental ageDCY or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shaH have liability by reaso. of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shaH not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or aikr the oonveyance by an insured lender shall in neither event exceed the least of; (i) The amount of insurance slated in Schedule A; (ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the eslate or interesl in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of aU payments made; or (iii) The amount paid by any governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant. in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE QNEN BY INSURED CLAIMANT. An insured shall notify the Company promplly in writing <i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall oome to an insured hereunder of atty claim of title or interest which is adverse to the title to the estate or interest or the lien of the i.sured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (Hi) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured 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 insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECU11ON OF ACTK>NS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by an insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own COIIt and without unreasonable delay, shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select oounsel of its chmce (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of aDY other counsel. The Company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinIOn may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby corn:ede liabLlity or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to lina] determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In aU cases where this policy permits or requires the Company to prosetute or provide for the defense of any action or proceeding. an insured shaU secure to the Company the right to so prosecute or provide defense in the action or proceeding. and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at tbe Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence. obtaining witnesses, prosecuting or defending Ihe action or proceeding. or effectmg settlement, and Iii) in any other lawful act whicb in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of tbese Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating tbe amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shaH terminate, including any liability or obligation to defend, prosecute, or continue any litigation. with regard to the matter or matters requiring such proof of loss or damage. In addition, an insured claimant 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 Dale of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shaH 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 conlidential by an insured claimant 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 an insured claimant 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 this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that insured for that claim. 6. OPTtONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF UABIUTY. In case of a claim under this policy, the Company shall have the following addItional options. ta) To Payor Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and whIch the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage. to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up 10 the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein proVIded, the owner of the indr:btedness shall transfer, assign, and convey the indebtedness and the insured mortgage. together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for m paragraph a (i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shaH terminate, including any liability or obligation to defend, prosecute, or conlinue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a (Ii) the Company's obligation to an insured Lender under this policy for the claimed loss or damage, other than the payment requierd to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Oaimant. (i) to payor otherwise settle with other parties for or m the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured 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 either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecule or continue any litigation. Conditions and Stipulations Continued Inside Cov~ - CONTROL NO. l _ l-1;)38Lt2l B 1183..1 POLICY OF TITLE INSURANCE Issued By ~ C()mmonwealth~ Land Title Insurance Company SCHEDULE A Policy/File Number: 968982-4 Amount ofInsurance: $315,680.00 Premium: $956.00 Date of Policy: December 22, 1994 at 8:00 a.m. 1. Name of Insured: The City of Poway, a municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is: A FEE as to Parcell; TIlE EASEMENT more particularly described as Parcel 2 3. The estate or interest referred to herein is at Date of Policy vested in: The City of Poway, a municipal corporation 4. The land referred to in this policy is situated in the County of San Diego, State of California, and is more particularly described in Exhibit "A" attached hereto and made a part hereof. Countersigned: ~ :TJ.r.....t4 Authorized Officer or Agent CL T A Standard Coverage Policy 968982 EXHmIT "A" Parcell: The North Half of the Northeast Quarter, and the Southeast Quarter of the Northeast Quarter of Section 32 and the Nortbwest Quarter of the Northwest Quarter of Section 33, all being in Township 13 South, Range 1 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the U.S. Government Survey approved November 19, 1880. Excepting therefrom that portion of the Northwest Quarter of the Northeast Quarter, lying Westerly of the following described line: Beginning at the Northwest comer of said Section 32, as said Northwest comer is shown on Record of Survey Map No. 4063 filed in the Office of the County Recorder of said San Diego County, October 31, 1956; thence along a straight line which connects said Northwest comer of Section 32 with a two inch iron pipe marked "R.E. 2718", shown as found on Record of Survey Map No. 3898, fIled in the Office of the County Recorder of said San Diego County, April 12, 1956, and designated thereon as "Agreed Property Comer Between Owners" said straight line being the Southerly boundary of land described in Quitclaim Deed to Poway Investment Company recorded in the Office of the County Recorder of said San Diego County, April 19, 1963 as Document No. 68112 in Series 4, Book 1963 of Official Records, South 89051 '06" East (record South 89038'00" East) a distance of 684.59 feet; thence North 16037'25" West 215.00 feet to a point which bears North 71 051 '04" East 655.70 feet from the Point of Beginning; thence North 06024'15" East 196.05 feet; thence North 35054'45" West 443.18 feet; thence North 09051'24" West 356.09 feet; thence North 60022'43" East 1319.41 feet to the Westerly line of that certain parcel of land as described in Parcell in Quitclaim Deed to Floyd E. Clemens, recorded in the Office of the County Recorder of said San Diego County, April 19, 1963 as Document No. 68113, in Series 4, Book 1963 of Official Records; thence along said Westerly line, North 04004'08" East 948.36 feet to the Northwest comer thereof; thence along the Northerly line of said land so described, North 89013'24" East 1306.15 feet (record North 89045' 11" East 1305.29 feet) to the Northeast comer of said land; thence along the Easterly line of said land, South 08055'45" West 2349,24 feet; thence leaving said Easterly line, South 07007'14" East 712,63 feet to a point which bears North 84010'51" East 3412.59 feet from the Point of Beginning; thence South 36023'48" East 193.81 feet; thence South 76013'06" East 491.14 feet; thence South 07005'24" East 607.65 feet; thence South 17042'40" West 494.10 feet; thence South 47002'31" West 225.00 feet; thence South 08019'20" West 421.44 feet. Parcel 2: An easement and right of way for mad purposes over and across that portion of the Southwest Quarter of the Northeast Quarter of Section 32, Township 13 South, Range 1 CL T A Standard Coverage Policy 968982 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the U.S. Government Survey approved November 19, 1880, lying within a strip of land 40.00 feet in width, the center line of said strip being described as follows: Beginning at a point in the South line of said Northeast Quarter, distant thereon South 89012'57" East 753.40 feet from the Southwest corner of said Northeast Quarter; thence North 00015'33" East 104.50 feet; thence North 14032'12" West 157.62 feet; thence North 29019'57" West 60.37 feet; thence North 13010'03" East 112.52 feet; thence North 08049'00" West 134.01 feet; thence North 02045'00" East 90,25 feet; thence North 14052'30" East 192,87 feet; thence North 25003'00" West 191.73 feet; thence North 18048'15" East 54.72 feet; thence North 33042'45" East 223,78 feet; thence North 34010'15" East 81.38 feet to a point in the Northerly line of said Southwest Quarter of the Northeast Quarter, distant thereon South 89046'33" East 792.53 feet from the Northwest corner of said Southwest Quarter of the Northeast Quarter, The sidelines of said strip to be prolonged or shortened so as to form a continuous strip of land 40.00 feet in width which intersects the Northerly line and the South line of said Southwest Quarter of the Northeast Quarter. CL T A Standard Coverage Policy :J82 SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: PART I I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, 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. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. CL T A Standard Coverage Policy 968982 SCHEDULE B PART II A. General and special taxes, including any personal property taxes, and assessments collected with taxes for the fiscal year 1994-1995, Total: First Installment: Second Installment: Penalty: $5,021.36 2,510.68 Paid 2,510.68 Not Paid 261.07 Homeowners' Exemption: $none Code: Parcel: 17057 278-290-07 B. General and special taxes, including any personal property taxes, and assessments collected with taxes for the fiscal year 1994-1995. Total: First Installment: Second Installment: Penalty: $2,025.04 1,012.52 Paid 1,012.52 Not Paid 111.25 Homeowners' Exemption: $none Code: Parcel: 17057 278-201-01 C. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. D. The lien, if any, which may be levied under a Community Facilities Act of 1982, pursuant to the provision of Chapter 1.5, Part I, Division 2 Title 5 of the Government Code of the State of California, by reason of the fact that said land may fall within such a district. Said lien, if any, may be incorporated into the regular property tax bill and may be a part of the General Tax Collections process, 1. Easements and rights of way for road and public utilities, and appurtenances thereto, as reserved and conveyed by various deeds of record, CL T A Standard Coverage Policy -~ 968982 Affects: Parcel 2 2. A Notice of Pennission to Use Real Property (Civ. Code S 813) as recorded on February 13, 1986 as File No, 86-059658, of Official Records. 3. The fact that the public records do not disclose that the ownership of said land includes rights of access to or from any public street. 4. Any boundary discrepancies, rights or claims which may exist or arise as disclosed by a record of survey Recorded: Record of Survey No.: March 4, 1991 13102 CL T A Standard Coverage Policy .t.... :.0"." '-.~ , . r~ , " ~M\ ~~ c c Z ~ C C . i .. . "'" co", -on ftW ON -J ft , ,,-< ~- -Jw ~'" ,,~ ...- ~ '" => . z ", " e .<: ~~\ 11 :u n fTl r "U 1> :0 n fTl r "-' . o ~@ :-,,, IV ~, ~ ~B ~'& }; t ~ ;0 .. - . > n 'UI,. 1 SO~...."... 'IH~' J.,OoSr.ls'.. 1""'.4 ~frJ\ :-t~ ~tJ\ :-tw I~~"'II '.1"....1 , . , €J~ . (,'}. ~ . t"I ;; J: '" v.. 0 . ~ " Z , " Z C) ~ <;~ ~ :Ii '" ~l1i.... .. '" ~ n c: ... .. 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'J ~ ~ ~/, .:j(~1 ) ",:::.L , ! ~~ @ r~74. 2.+ N/";/-Jb"E I~u; I ~Q) \", -~ ~,:) ~ ,~ L I~ ;:; , ~ -~ ~ " ~ ~ ~ tI, ~@) N.J..J7:;~';,r I'" ..., - ;#"7'./' -, I .'t>- " .. f"I .1 ~ " Z \~ 0 ~ :; z ;. z (j') .,.. i m '" '" C , I~ ~ n \P c: ,.... ..., -:c:-"""'"""::==- o o - CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION AND EXTENT OF LIABILITY. This polic)o is II conlraa of indemnity _ptnst actual IJKlnelary loss or damaF 5ustaiMd or ilK:unal by the ilQUted claimant who has suffered loss or damaae by reason of rnaUtTl insured qainst by this policy and only 10 the ntent herein described. (I) The liability of the Company under this policy to an insured k-ndet shaU nol t:Jl.ceed the lealt of: (i) The Amount of Insurance staled in Schedule A, or, if applicable, the amount of in.ul'llQCC -.s defined in Section 2 (e) of these CoDditions and StIpulations; (ii) the amount of the unp.id principal indebtedness secured by the insured monpre as limited or provided under Section 8 of these Conditions and Stipulations or as redooed under Section 9 of these Conditions and Stipulations, al the IlIne the loss or damase insured against by Ihis policy occurs, together with intensE thereon; or (iij) the difference between the value of the iniured t$\alc or interest as Insured and the value of the Insured estate or Interest subjel.:t 10 the defect, lien or ell(:umbrancc insured alalnst by Ihis pobcy (b) In the event thc: insured lender has acquired the estate or interest inth emannerdescribedin Section 2 (a) of lhelle Conditions and Stipulations or has conveyed the title, tnm Ihe liablhty of the Company shall continue as set fonh in Section 7(a) of these CondItions and Stipulations (c) The liability of the Company under this polky to an Iruured owner of the C'State or interest in the land described 10 Schedule A shall not uceed the least of (i) the Amount oflnsuranc:c stated 10 Schedule A; or, (ii) the difference between the value of the insured C'State or interest as Insured and the value of the insured estate or interest subject to the defect. hen or encumbrance insured alainst by t~is policy. (d) The Company will pay only those costs, attorneys' fees and e~penses Incurred in accordance with SectIOn 4 of lhelle Conditions and Stipulations, e, LlMnATJON OF UABIUTY. (I) If the Company establishes the title. or removC'S the alle(lcd defect, lien or encumbrance. or cures the lack of a ri,ht of access to or from the land, or cures the claim of unmarketabllity of title, or otherwise establishes the lien of the insured mongage. all as insured, in a reasonably diligent manner by any method, including litllation and the completion of any appeals therefrom. it shall na\'l: fully perform.;d Its obligations with respect to that matter and shall not be hable for any loss ordamasccausedthc:reby (b) In the event of any lillgation, Including htlgation by the Company or wilh the Company's consenl, the Company shall have no liablbty for loss or damage until there has been a final detennination by a coun of competent junsdiction. and disposition of all appeals therefrom, adverse to the title. or, If applicable, to the lien of the insured mon,age, as insured (c) Tbe Company shall not be liable for lOlls or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the pior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Polky e~cept for advances made to protect the hen of the Insured mortgage and secured thereby and reasonable amounts upended to prevent deteriorallon of Improvements; or (ii) construction loan advances made subsequent to Date of Policy. eJ.cept construction loan advances. made subxquent to Date of PolICY for the purpose of financing 1ft whole or in part the construction of any improvement to the land which at Date of Policy were secured by the insured mongage and which the insured was and conlJnued 10 be obligated to advance al and after Dale of Polky, t. REDUCTION Of INSURANCE; REDUCTION OR TERMINATION Of LIABILITY. (a) All payments under this policy. except payments made for costs. allomey,' fees and expenses. shall redoce the amount. of insurance pro tanlo. However, as 10 an JDsured ]ender, any payrnmu made pnor to the acqUiSItion of title to the: estate or Interest as provIded JD section 2 (a) of these ConditIOns and StipulalJons shaH not reduce pro tamo the amount of JDsurance afforded under this policy as 10 any such insured, ncept to the e~tem that the payments reduce the amount of the indebtedness secured by the insured mongagt' (b) Payment in part by any person of the pnncipal of the indebtedness, or any other obligation secured by the insured mongage, or an) voluntary partial satisfaction Or release of the insured mortttage, to the extent of the payment, satisfaction Or release, shaH reduce the amounl of insurance pro tanto. The amount of Insurance may thereafter be inereased '-y accruing interest and advances made to protect the lien of the insured mongage and secured thereb), with Intere5t Ihereon. provided in no event shaH the amount of Insurance be greater than the Amount of In~urltnce stated in Schedule: A (c) Payment in full by any person or the voluntary satisfactIon or release of the insured morttta,e shall tenninate aU liability of the Compan) to an insured lender e~cept as pruvlded in SectIon 2(a) of the!l( Conditions and Slipulations. 10. LIABILITY NONCUMULATIVE '11 IS expressl) understood lbat the amount of Insurance: under this policy shall be reduced by any amount the Company may pay under any policy insunng a mortgage to whlcb e~ceptlon is taken in Schedule B or to which the ,"sured has agreed. assumed. or taken subject. or which is he:reafter necuted by an JDsured and "'hich is a chargt' or lien on the estate or Interest described or referred to In Schedule: A, and the amount so paid shall be dcerncd a payment under this policy to the insured owner The provisions of this section shall not apply to an insured lender, unless such Insured acquires title to said estate or interest in satisfaction of the Indebtedness secured by an insured mortga,e 11. PAYMEHT OF LOSS (a) No payment shall be made wilhout prodllClnl this policy for endorsement of the payment unless the policy has been lost or destroyed, In which case proof of loss or destructioG sball be furnished to the: satillfaetion of the Company (b) When hability and the extent of Iou or damaJC has been definitely fiJ.ed in acoordance with these Conditions and Stipulations, the loss or damasc shall be payable within 30 days thereafter CLTAStandard Covefage Policy Form -1990 Cover Page Form 1183-3 ORIGINAL 12. BUBROGATION UPON PAYMENT OR SEnu:MENT (a) The Company's Right of Subrogation Whenever the Company shall have wttled and paKt a claim uDder this policy. a/l right of subroption shan vest in the Company unaffected by any act of the Insured claimant, The Company shall be subropted to and he: eutitled to all n,hls and remcdlCS which the insured claimant would have had .pinsl any person or property in respect to the claim had Ihis policy not hccn issued. If requested by the Company, the Insured claimant shall transfer to the Company aU riatlls and remedies apinst any person or propeny necessary in order to perfeel this right of subrogation. The insured claimant shall permit the Company to sue:. compromise or settle in the name of the insured daimant and to use the name of the insured claimanl In any transaction or liu'luion involving rhese rights or remediC'S If a payment on account of a claim does not fully cover the loss of the insured claimant. the Company shan be subrogated (i) as to an insured owner, to all n,hls ancJ remedICS in the proporation which the Company's payment bears to the whole amount of the loss. and (ii) as to an insured lender. to all nghlS and remedieS of the Insured claimant after the insured claimant shall have recovered its principal. interest. and eosls of collection If loss should result from any act 01 the insured claimant, as ~tated above, that act shall not vOid this policy, but the Company, In that event. shall be required to pa) only that part of any losses insured against by this policy whICh shall exceed the amount, if any, lost to the Company by reason of the impainnenl by the Insllred claimant of the Company\ nght of subrogallOn (b) The Insured's Rights and limitations, Notwithstanding the foregoing. the owner of the mdebtedness secured by an insured mOrtgale, provided the priorit) of the hen of the Insured mortllagc: or its enforceability is not affected, may release or substItute the personal hability of any debtor or guarantor. or extend or othe:rwise modify the tenns of paymenl. or release a portion of the estate or Interest from the hen of the insured mortga,e. or release any collateral security for the indebtedness, When the permiued acts of the msured claimant occur and the insured has knowledge of any claim of title or interest adverse to the hlle to the C'State or interest or the pnority or enforceabililY of the hen of an Insured mortgage. as insured, Ihe Company shall be required to pay only tbat pan of any losse~ insured against by this polic) which shall eJ.ceed the amount, If any, lost to the Company by reason of Ihe Impainnenl by the insured claimant of the Company's right of subrogation. tcl The Company's Rights Agamst Non-Insured Obligors The: Company's right of subrogation against non-insured obligor>. shall e~lSt and shall include, without limitation. the nghts of the insured 10 indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained In those Instruments which provldc for subrOj!:ation rights b) reason of this policy The Company's nght of subrogatiQn shall not be aVOIded by acquisition of an Insured mortgage by an obli,or (e~cepl an obligor described in SectIOn l(a)(lI) of these Conditions and Stipulaiions) who acquires the msured mortgage as a rC'Sult of an mdemmty. guarantee, other policy of insurance. or bond and the obligor will not be an insured under this pohC), notwithstanding Section Ita)(i) of these Conditions and Stipulations 13. ARBITRATION. Unless prohibited b) appllcab!e law. either the Company or Ihe Insured may demand arbitration pursuant to the TItle In~lIrance Arbitration Rules of the American Arbitration Associ,lImn. ArbItrable maucr, may mclude, but are not limited to. any controversy or dum between the Company and the Insured ahSln1!l out of or relallng to this policy, any service of Ihe Company m connection with liS issuance or the breach of a poliC) provisIon or other o:>ligatlon AU arbitrable mauers when the Amount of Insurance of SI,IXIO.OOO or less shall be arbltraled at the option of either the Company or Ihe Insured. All arbitrable maUers when the Amount of Insurance IS m e~ccss of SI.OOO,OOO shall be arbnrated only when agreed to by both the Company and the in~ured. Arbitration pursuant 10 Ihis pobcy and under Ihe Rule, In eITect on Ihe date the demand for arbitration 1.1 made or, at the option of the insured. the Rules in eITcctlt1 Date of Pohcy shall be bindmg upon the parties. The award may include altorneys' fees on]) if the laws of the state in which the land is located pennit a court to award atto~neys' fees to a prevailing pany_ Judgment upon the award r~ndered by the ArbitratOr(s) ma)' be entered in any court having jurisdiction thereof The law of the situs of the land shall appl} to an arbitration under the Title Insurance Arbnration Rules A copy of the Rules may be obtained from the Company upon request 14. LIABILITY LIMITED TO THIS POLICY; POUCY ENTIRE CONTRACT. la) This policy together with all endorsements. if any. attacbed hereto by the Company IS the entire policy and contract between the: insured and the Company In Interpretmg any provision uf this policy, this policy shalt be construed as a whole (b) Any claim of loss or damage. whether or not based on negligence, and which anses out of the status of the lien of the Insured mortgage or of the title to the estate or interest covered hereb) or by any actIOn asserting such claim, shall be restricted to this polic) (c) No amendment of or endorsement to this policy can be rqade c~cept by a writing endorsed hereon or attached hereto slgnCl;! by either the President. a Vice PreSIdent. the Secretary. an Assistant Secretary, or vahdating officer or authorized signatory of the Company, 15. SEVERABILITY. In the event any provIsion of the policy IS held Invalid or unenforceable under applicable law, the policy shalt be deemed not to include that provIsion and all other provisIons shall remain 1ft full force and e!Teet 1'. NOTtCES, WHERE SENT. All notice.s required to be given the Company and any statement in 'Miling required 10 be furnished the Company shall include the numbCl' of this policy and shall be addressed to the Company at CommoDwealth Land Title Insurance Company, Eight Peon Center, Philadelphia. Pennsylvania 19103-2198. Valid Only If Schedules A and B Are Attached "', ~ (J) ~~ D> l~- ~ a .. ~ 81 (J) fa ...... "11 Q..o c: !!&>~: ~ <0_ ~~ -SO:Egj to !!j3:u -< ~I>>fi! ,...~ coo. ~ e:- I\) - g ;:. '" t;"("') (') '" ::; It' ~8 '" > ..., '" :z: s- F ::;, =:3 = >m :::. 52 Co ci5z .. ~ ,.. tI> 0 ~ m:z:o Co !O-t:;r: !!1 5':1 r rn ""3 'tI (') ~ ! c: 0 0 :!:~1'1 i1 1-4 < ~ It ~ ""3 0 ~ ~ ~z~ ~ ~ ...,z .. ~ t'" I%j "."! >0"11 ~ ::1- Z t.:rJ ('".) 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