Preview
ORIGINAL
Cary Kletter (SBN 210230)
KLETTER LAW FILE
1528 S. El Camino Real, Suite 306 SAN MATEO COUNTY
San Mateo, CA 94402
Telephone: 41 3.434.3400 JAN 2 8 2021
oy Clerk ot ie Court
Attorneys for Plaintiff,
DARREN WALLACE, EXECUTOR,
OF THE ESTATE OF DONALD JOSEPH KENNEDY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
DONALD JOSEPH KENNEDY, CASE NO.: 16CIV00268
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PLAINTIFF,
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APPLICATION FOR ORDER FOR SALE
es 12 Vv. OF DWELLING AND ISSUANCE OF
ORDER TO SHOW CAUSE WHY
13 MUATH “MATT” ZGHOUL; WILDWOOD ) ORDER FOR SALE OF DWELLING
we LLC; all persons unknown, claiming any legal or) SHOULD NOT BE MADE;
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equitable right, title, estate, lien or interest in the ) MEMORANDUM OF POINTS AND
15 property described in the complaint adverse to ) AUTHORITIES; AND DECLARATION
Plaintiff's title, or any cloud on Plaintiff's title ) OF CARY KLETTER IN SUPPOR’
<= 16 thereto; and DOES 1 - 10, inclusive, ) THEREOF oe
17 )
DEFENDANTS. )
18 )
19
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1 I, DARREN WALLACE, EXECUTOR OF THE ESTATE OF DONALD JOSEPH
ai
KENNEDY, am the Judgment Creditor in the above-entitled action and have personal
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knowledge of the facts stated herein.
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T obtained a judgment against the Judgment Debtor on May 13, 2019. The balance due
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on said judgment as of the date of this application is-$33,333.64.
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I hereby apply for an order to sell all of Judgment Debtor’s right, title, and interest in
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the real property commonly known as 186 Camelia Dr. and legally described as: LOT
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25 BLOCK 5 ST FRANCIS HEIGHTS UNIT NO 2 RSM 49/1 CITY OF DALY CITY.
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APPLICATION FOR ORDER FOR SALE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION
RECEIVED
SAN MATEO COUNTY
JAN 2 9 2021
be co
Clerk of the Supsrior Court
By DEPUTYCLERK
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I further request that the Court set a time and place for hearing and order the Judgment
Debtor to show cause why an order for sale of the dwelling should not be made in
accordance with this application.
The records of the Tax Assessor in San Mateo County indicate that there is a current
homeowner’s exemption in the amount of $7,000.00 for the dwelling. See attached
Exhibit A.
Record title to the dwelling is held in the name of Muath Zghoul.
Iam informed and believe that the dwelling is a-homestead and that the amount of the
homestead exemption is $100,000.
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The records of the County Recorder of the County: in which the dwelling is located
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indicate that a homestead declaration under CCP 704.910 has not been recorded by the
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Judgment Debtor.
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Attached hereto as Exhibit B is a Litigation Guarantee prepared by First American Title.
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The name and address of each person having a lien or encumbrance on the dwelling and
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the amount secured by each such lien or encumbrancé which is superior to Judgment.
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Creditor’s lien are as follows:
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a. A deed of trust to secure an original indebtedness of $174,414.00
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recorded April 13, 2006 as Instrument No. 2006-054862 of Official
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Records.
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Dated. March 20, 2006
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Trustor: Muath Zghoul
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23 Trustee: Group 9, Inc., a California Corporation
24 Beneficiary: Washington Mutual Bank, FA
25 The beneficial interest under the deed of trust has been assigned to
26 JPMorgan Chase Bank NA:
27 Amount due as of June 3, 2020: $45,592.63. See attached Exhibit C
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APPLICATION FOR ORDER FOR SALE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION
f x
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10. All.sums due under a deed of trust to secure an original indebtedness of $360,000.00,
recorded August 30, 2016 as Instrument No. 2016-087766 of Official Records and listing
Ihsan Eghoul as the Trustor and The North River Insurance Company as the. Trustee and
Beneficiary, have been satisfied. See attached Exhibit
D.
i Bank of America has no records regarding the deed of trust to secure an original
indebtedness of $595,000.00 recorded March 6, 2006
as Instrument No. 2006-03163 of
Official Records which, according to the Litigation Guarantee and public records, was
assigned to Bank ofAmerica by various assigments, the last of which was recorded June
25, 2018 as Instrument No. 2018-049313 of Offical Records. See attached Exhibit E.
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12. Based on the current real property statement, the full assessed market value of the
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property is $948,908. See attached Exhibit A.
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13, The name, address and telephone number of the attorney known by me to be the attorney
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for the Judgment Debtor is as. follows: Edward Cc. Singer, Jr., The Law Offices of
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Edward Singer, 340 Lorton Ave., Suite 202, Burlingame, CA 94010. ~
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14. The relief requested herein is based on this application with attached exhibits, the
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supporting points and authorities and the accompanying declaration of Cary Kletter as
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well as the complete files and records in this action.
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I declare under penalty ofperjury shat the foregoing is true and correct and that this
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application is executed on January LG 52021 at bby, California.
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22
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24 Joseph Kennedy, Judgment Creditor
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26
27
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APPLICATION FOR ORDER FOR SALE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION
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EXHIBIT A
suiai202t - Property Tax Bit- TaxSys - San Mateo TreasurerTax
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= COUNTY OF SAN MATEO
TAX COLLECTOR
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Need assistance? Click here to start a live chat with Tax
Collector staff
Property Tax Account at 186 CAMELIA DR ‘See a bills for Current Owner
‘Account 008-004-200
2020 Secured Annual Bill #2020-217184 View Bil
Bill Information Property
in 2020217184 Address
‘Assessment Year, 2020 186 CAMELIAOR
‘Tax Yeor: 2020 DALY CITY
‘Account Number 008-084-200
Tax Rate Area: 05.036 Lega! Deseation
Tota $12,407.40 LOT 25 BLOCK § ST FRANCIS HEIGHTS UNIT NO2 RSM 49/ 4 CITY OF O ALY CITY
Bill Status and Payment
2020 Secured Annual Bin 42020-21764
‘st Installment $6,203.30 PAID.
Dotravant Ano renenazo
ranncezn
‘nd Instatimant $6,203.70
Defoquent Afar Add to Cart
‘ourzro2t
‘Ad Vatorem Taxes
‘Taxing Authorty Asuessed Exomgtions Taxable Total Tax
CountywideTax (Secured) §,00000000% $955,008 ‘$7000 3948.90, 159,488.08
‘JeffersonBeg Bond .ocs7ocn0% $955,908 $7,000 $048,908 $032.92
‘Seed Bord ‘c.02130000% $955,908 ‘57,000 $948,008, sz.
Jetson Une Bond .09420000% $955,908 $7,000 ‘$948,508 sesa.e7
‘Special Assessments and Direct Charges.
Leming Autnorty Prone Number Tex
FEDCABNPOES STORM FEE (650) 389.4100 sre
NSMCSO SEWER FEE (650) 991-8084 $945.60
SMC MOSG ABATEMNT ASSUNT (800) 273-5167 $1868
-EFFERSON UMSD PRCEL TX (800) 676.7516 $60.00
EFFERSONESD PARCEL TAX (800) 676-7816 1388.00
'SFERA MEASURE AA 080) S08.0157 $1200
‘SUHSD MEASURE Y TAX 1800) 676.7516 $58.00
JEFFERSON UNSO MAINT teoyza67 10.90
CA STORM FEELOCAL (650) 991-8086 980
Total: $12,407.40
‘Combined taxes and assessments: $12,407.40
EXHIBIT Bo
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| First American Title
First American Title Company
2230 East Bidwell Street, Suite 100
Folsom, CA 95630
April 21, 2020
Cary Kletter
Kletter Law Firm
1900 South Norfolk Street, Suite 350
San Mateo, CA 94403
Title Officer: Randal Watkins
Phone: (916)983-3985
Order Number: 3420-6217728 (RW)
Property: 186 Camelia Drive
Daly City, California 94015
Attached please find the following item(s)
Guarantee
Thank You for your confidence and support. We at First American Title Company maintain the
fundamental principle:
Customer First!
Form 5015800 (7-1-14) Page 1 of 13 CLTA #1 Litigation Guarantee (12-16-92)
1
4 RHEE Litigation Guarantee
i First American Title - ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
Guarantee 5015800-3420-6217728
SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY
a Nebraska corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against loss not exceeding the liability amount stated hn Schedule A which the Assured shall
sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, as of
Date of Guarantee shown in Schedule A:
1 The title to the herein described estate or interest is vested in the vestee named in Schedule A.
2. Except for the matters shown in Schedule B, there are no defects, liens, encumbrances or other matters affecting title to the
estate or Interest in the land shown in Schedule A, which matters are not necessarily shown in the order of their priority.
a) The current interest holders claiming some right, title or interest-by reason of the matters shown in Part II of Schedule B.
are as shown therein. The vestee named in Schedule A and parties claiming to have some right, title or interest by reason
of the matters shown in Part II of Schedule B may be necessary parties defendant in an action, the nature of which is
referred to in Schedule A.
(b) ‘The current interest holders claiming some right, title or interest by reason of the matters shown in Part I of Schedule B
may also be necessary parties defendant in an action, the nature of which is referred to in Schedule A. However,
assurance is given hereby as to those current interest holders,
The return address for mailing after recording, If any, as shown on each and every document referred to in Part II of Schedule
B by specific recording information, and as shown on the document(s) vesting title as shown in Schedule A are as shown in
Schedule C.
THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF FACILITATING THE FILING OF THE ACTION
REFERRED TO IN SCHEDULE A. IT SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE.
First American Title Insurance Company
Duo Miho
DennisJ Gilmore
President
defirey S. RoSinson
Secretary
puthorized Countersignature
Form 5015800 (7-1-14) Page 2 of 13 CLTA #1 Litigation Guarantee (12-16-92)
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Form 5015800 (7-1-14) Page 3 of 13 CLTA #1 Litigation Guarantee (12-16-92)
1
scnepu,_Jr EXCLUSIONS FROM COVERAGE OF ra ARANTEE
Except to the extent that specific assurances are provided (a) Defects, liens, encumbrances, adverse claims or other
in Schedule A of this Guarantee, the Company assumes no matters affecting the title to any property beyond the
liability for loss or damage by reason of the following: lines of the land expressly described in the description
(a) Defects, liens, encumbrances, adverse claims or other set forth in Schedule (A), (C) or in Part 2 of this
matters against the title, whether or not shown by the Guarantee, or title to streets, roads, avenues, lanes,
public records, ways or waterways to which such land abuts, or the
(b) (1) Taxes or assessments of any taxing authority that right to maintain therein vaults, tunnels, ramps or any
levies taxes or assessments on real property; or, (2) structure or improvements; or any rights or
Proceedings by a public agency which may result in easements therein, unless such property, rights or
taxes or assessments, or notices of such proceedings, easements are expressly and specifically set forth in
whether or not the matters excluded under (1) or (2) said description.
are shown by the records of the taxing authority or by (b) Defects, liens, encumbrances, adverse claims or other
the public records. matters, whether or not shown by the public records;
(c) (1) Unpatented mining claims; (2) reservations or (1) which are created, suffered, assumed or agreed to
exceptions in patents or in Acts authorizing the by one or more of the Assureds; (2) which result in no
issuance thereof; (3) water rights, claims or title to loss to the Assured; or (3) which do not result in the
water, whether or not the matters excluded under (1), invalidity or potential invalidity of any judicial or non-
(2) or (3) are shown by the public records, Judicial proceeding which is within the scope and
Notwithstanding any specific assurances which are purpose of the assurances provided.
provided in Schedule A of this Guarantee, the Company (c) ‘The identity of any party shown or referred to in
assumes no liability for loss or damage by reason of the Schedule A.
following: () The validity, legal effect or priority of any matter
shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS, 4, COMPANY'S OPTION TO DEFEND OR PROSECUTE
The following terms when used in the Guarantee mean: ACTIONS; DUTY OF ASSURED CLAIMANT TO
(a) the "Assured": the party or parties named as the COOPERATE.
Assured in this Guarantee, or on a supplemental Even though the Company has no duty to defend or
writing executed by the Company. prosecute as set forth in Paragraph 3 above:
(b) "land": the land described or referred to in Schedule (a) The Company shall have the right, at its sole option
(A)() or in Part 2, and improvements affixed thereto and cost, to Institute and prosecute any action or
which by law constitute real property. The term proceeding, interpose a defense, as limited in (b), or
“land" does not include any property beyond the lines to do any other act which in its opinion may be
of the area described or referred to in Schedule (A)(C) necessary or desirable to establish the title to the
or in Part 2, nor any right, title, interest, estate or estate or Interest as stated herein, or to establish the
easement In abutting streets, roads, avenues, alleys, lien rights of the Assured, or to prevent or reduce loss
lanes, ways or waterways. or damage to the Assured. The Company may take
(c) "mortgage": mortgage, deed of trust, trust deed, or any appropriate action under the terms of this
other security instrument. Guarantee, whether or not it shall be liable hereunder,
(a) “public records": records established under state and shall not thereby concede liability or walve any
statutes at Date of Guarantee for the purpose of Provision of this Guarantee, If the Company shall
imparting constructive notice of matters relating to exercise its rights under this paragraph, it shall do so
real property to purchasers for value and without diligently.
knowledge. (b) If the Company elects to exercise its options as stated
No "date": the effective date.
TICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
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
An Assured shall notify the Company promptly in writing in represent the Assured and shall not be liable for and
case knowledge shall come to an Assured hereunder of will not pay the fees of any other counsel, nor will the
any claim of title or interest which is adverse to the title to Company pay any fees, costs or expenses incurred by
the estate or interest, as stated herein, and which might an Assured in the defense of those causes of action
cause loss or damage for which the Company may be which allege matters not covered by this Guarantee.
liable by virtue of this Guarantee. If prompt notice shall {c) Whenever the Company shall have brought an action
not be given to the Company, then all liability of the or interposed a defense as permitted by the provisions
Company shall terminate with regard to the matter or of this Guarantee, the Company may pursue any
matters for which prompt notice is required; provided, litigation to final determination by a court of
however, that failure to notify the Company shall in no competent jurisdiction and expressly reserves the
case prejudice the rights of any Assured under this right, in its sole discretion, to appeal from an adverse
Guarantee unless the Company shall be prejudiced by the judgment or order.
failure and then only to the extent of the prejudice. (d) In all cases where this Guarantee permits the
3. NO DUTY TO DEFEND.OR PROSECUTE. Company to prosecute or provide for the defense of
The Company shail have no duty to defend or prosecute any action or proceeding, an Assured shall secure to
any action or proceeding to which the Assured is a party, the Company the right to so prosecute or provide for
notwithstanding the nature of any allegation in such action the defense of any action or proceeding, and all
or proceeding,
Form 5015800 (7-1-14) Page 4 of 13 CLTA #1 Litigation Guarantee (12-16-92)
*
Gu._\ree CONDITIONS AND STIPULATIONS((. _. ‘inued)
appeals therein, and permit the Company to use, at issued for the benefit of a holder of a mortgage or a
its option, the name of such Assured for this purpose. llenholder, the Company shall have the option to
Whenever requested by the Company, an Assured, at purchase the indebtedness secured by said mortgage
the Company's expense, shall give the Company all or said lien for the amount owing thereon, together
reasonable aid In any action or proceeding, securing with any costs, reasonable attorneys' fees and
evidence, obtaining witnesses, prosecuting or expenses Incurred by the Assured claimant which
defending the action or lawful act which in the opinion were authorized by the Company up to the time of
of the Company may be necessary or desirable to purchase.
establish the title to the estate or Interest as stated Such purchase, payment or tender of payment of the
herein, or to establish the lien rights of the Assured. full amount of the Guarantee shall terminate all
If the Company is prejudiced by the failure of the liability of the Company hereunder. In the event
Assured to furnish the required cooperation, the after notice of claim has been given to the Company
Company's obligations to the Assured under the by the Assured the Company offers to purchase said
Guarantee shall terminate. indebtedness, the owner of such indebtedness shall
5. PROOF OF LOSS OR DAMAGE. transfer and assign said indebtedness, together with
In addition to and after the notices required under Section any collateral security, to the Company upon payment
2 of these Conditions and Stipulations have been provided of the purchase price,
to the Company, a proof of loss or damage signed and Upon the exercise by the Company of the option
sworn to by the Assured shall be furnished to the provided for in Paragraph (a) the Company's
Company within ninety (90) days after the Assured shall obligation to the Assured under this Guarantee for the
ascertain the facts giving rise to the loss or damage. The claimed loss or damage, other than to make the
proof of loss or damage shail describe the matters covered payment required in that paragraph, shall terminate,
by this Guarantee which constitute the basis of loss or including any obligation to continue the defense or
damage and shall state, to the extent possible, the basis of prosecution of any litigation for which the Company
calculating the amount of the loss or damage. If the has exercised its options under Paragraph 4, and the
Company is prejudiced by the failure of the Assured to Guarantee shall be surrendered to the Company for
provide the required proof of loss or damage, the cancellation.
Company's obligation to such assured under the Guarantee (b) To Pay or Otherwise Settle With Parties Other Than
shall terminate. In addition, the Assured may reasonably the Assured or With the Assured Claimant.
be required to submit to examination under oath by any To pay or otherwise settle with other parties for or in
authorized representative of the Company and shall the name of an Assured claimant any claim assured
produce for examination, inspection and copying, at such against under this Guarantee, together with any costs,
reasonable times and places as may be designated by any attorneys’ fees and expenses incurred by the Assured
authorized representative of the Company, all records, claimant which were authorized by the Company up to
books, ledgers, checks, correspondence and memoranda, the time of payment and which the Company is
r bearing a date before or after Date of Guarantee, obligated to pay.
which reasonably pertain to the loss or damage. Further, Upon the exercise by the Company of the option
if requested by any authorized representative of the Provided for in Paragraph (b) the Company's
Company, the Assured shall grant its permission, in obligation to the Assured under this Guarantee for the
writing, for any authorized representative of the Company claimed loss or damage, other than to make the
to examine, inspect and copy all records, books, ledgers, payment required in that paragraph, shall terminate,
checks, correspondence and memoranda in the custody or including any obligation to continue the defense or
control of a third party, which reasonably pertain to the prosecution of any litigation for which the Company
loss or damage. All information designated as confidential has exercised its options under Paragraph 4.
by the Assured provided to the Company pursuant to this 7 DETERMINATION AND EXTENT OF LIABILITY.
Section shall not be disclosed to others unless, in the This Guarantee is a contract of Indemnity against actual
reasonable judgment of the Company, It Is necessary in monetary loss or damage sustained or incurred by the
the administration of the claim. Failure of the Assured to Assured claimant who has suffered loss or damage by
submit for examination under oath, produce other reason of reliance upon the assurances set forth In this
reasonably requested information or grant permission to Guarantee and only to the extent herein described, and
secure reasonably necessary information from third parties subject to the Exclusions From Coverage of This
as required in the above paragraph, unless prohibited by Guarantee,
law or governmental regulation, shall terminate any The liability of the Company under this Guarantee to the
liability of the Company under this Guarantee to the Assured shall not exceed the least of:
Assured for that claim. (a) the amount of liability stated in Schedule A or in Part
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY. (b) the amount of the unpaid principal indebtedness
In case of a claim under this Guarantee, the Company secured by the mortgage of an Assured mortgagee, as
shall have the following additional options: limited or provided under Section 6 of these
(a) To Pay or Tender Payment of the Amount of Liability Conditions and Stipulations or as reduced under
or to Purchase the Indebtedness. Section 9 of these Conditions and Stipulations, at the
The Company shall have the option to pay or settle or time the loss or damage assured against by this
compromise for or in the name of the Assured any Guarantee occurs, together with interest thereon; or
claim which could result in loss to the Assured within (c) the difference between the value of the estate or
the coverage of this Guarantee, or to pay the full interest covered hereby as stated herein and the value
amount of this Guarantee or, if this Guarantee is of the estate or interest subject to any defect, lien or
Form 5015800 (7-1-14) Page 5 of 13 CLTA #1 Litigation Guarantee (12-16-92)
cua,_\ree CONDITIONS AND STIPULATIONS(Cé,_.\ued)
encumbrance assured agai inst by this Guarantee. to all rights and remedies of the Assured after the Assured
8. LIMITATION OF LIABII shall have recovered its principal, interest, and costs of
(a) If the Company establishes the title, or removes the lon.
alleged defect, lien or encumbrance, or cures any 12, ARBITRATION.
other matter assured against by this Guarantee in a Unless prohibited by applicable law, either the Company or
teasonably diligent manner by any method, including the Assured may demand arbitration pursuant to the Title
litigation and the completion Insurance Arbitration Rules of the American Land Title
of any appeals therefrom, it shall have fully performed Association. Arbitrable matters may include, but are not
its obligations with respect to that matter and shall limited to, any controversy or claim between the Company
not be liable for any loss or damage caused thereby. and the Assured arising out of or relating to this
(b) In the event of any litigation by the Company or with Guarantee, any service of the Company in connection with
the Company's consent, the Company shail have no its issuance or the breach of a Guarantee provision or
liability for loss or damage until there has been a final other obligation. All arbitrable matters when the Amount
determination by a court of competent jurisdiction, of Liability is $2,000,000 or less shall be arbitrated at the
and disposition of all appeals therefrom, adverse to option of either the Company or the Assured. All
the title, as stated herein, arbitrable matters when the amount of liability is in excess
{c) ‘The Company shall not be liable for loss or damage to of $2,000,000 shall be arbitrated only when agreed to by
any Assured for liability voluntarily assumed by the both the Company and the Assured. The Rules in effect at
Assured in settling any claim or suit without the prior Date of Guarantee shall be binding upon the parties. The
written consent of the Company. award may include attorneys’ fees only if the laws of the
REDUCTION OF LIABILITY OR TERMINATION OF state in which the land is located permits a court to award
LIABILITY, attorneys' fees to a prevailing party. Judgment upon the
All payments under this Guarantee, except payments award rendered by the Arbitrator(s) may be entered in any
made for costs, attorneys’ fees and expenses pursuant to court having jurisdiction thereof.
Paragraph 4 shall reduce the amount of liability pro tanto. The law of the situs of the land shall apply to an
10. PAYMENT OF LOSS. arbitration under the Title Insurance Arbitration Rules.
(a) No payment shall be made without producing this A copy of the Rules may be obtained from the Company
Guarantee for endorsement of the payment unless the upon request. .
Guarantee has been lost or destroyed, in which case 13. LIABILITY LIMITED TO THIS GUARANTEE;
proof of loss or destruction shall be furnished to the GUARANTEE ENTIRE CONTRACT.
satisfaction of the Company. (@) This Guarantee together with all endorsements, if any,
(b) When liability and the extent of loss or damage has attached hereto by the Company is the entire
been definitely fixed in accordance with these Guarantee and contract between the Assured and the
Conditions and Stipulations, the loss or damage shall Company. In interpreting any provision of this
be payable within thirty (30) days thereafter. Guarantee, this Guarantee shall be construed as a
11 SUBROGATION UPON PAYMENT OR SETTLEMENT, whole.
Whenever the Company shall have settled and paid a (b) Any claim of loss or damage, whether or not based on
claim under this Guarantee, all right of subrogation shall negligence, or any action asserting such claim, shall
vest in the Company unaffected by any act of the Assured be restricted to this Guarantee.
claimant. (c) No amendment of or endorsement to this Guarantee
The Company shall be subrogated to and be entitled to all can be made except by a writing endorsed hereon or
rights and remedies which the Assured would have ha attached hereto signed by either the President, a Vice
against any person or property in respect to the claim had President, the Secretary, an Assistant Secretary, or
this Guarantee not been issued. If requested by the validating officer or authorized signatory of the
Company, the Assured shall transfer to the Company all Company.
rights and remedies against any person or property 14, NOTICES, WHERE SENT.
necessary in order to perfect this right of subrogation. All notices required to be given the Company and any
The Assured shall permit the Company to sue, compromise statement in writing required to be furnished the Company
or settle in the name of the Assured and to use the name shall include the number of this Guarantee and shall be
of the Assured in any transaction or litigation Involving addressed to the Company at First American Title
these rights or remedies, Insurance Company, Attn: Claims National Intake
If a payment on account of a claim does not fully cover Center, 1 First American Way, Santa Ana, California
the loss of the Assured the Company shall be subrogated 92707.
6% AMER,
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First American Title
Form 5015800 (7-1-14) Page
6 of 13 CLTA #1 Litigation Guarantee (12-16-92)
»,
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a tM ee Litigation Guarantee
First American Title- ISSUED BY
First American Title Insurance Company
Schedule A GUARANTEE NUMBER
3420-6217728
File No.: 3420-6217728 Liability: $33,000.00
Fee: $500.00
Name of Assured: ESTATE OF DONALD KENNEDY
Date of Guarantee:
March 23, 2020 at 7:30 A.M
This Litigation Guarantee Is furnished solely for the purpose of feclitating the fililing of an action to.
FILE A LIEN AGAINST A REAL PROPERTY.
‘The. estate or interest in the Land which is covered by this Guarantee is: FEE
Title to the estate or interest In the Land Is vested in: MUATH ZGHOUL, A MARRIED MAN, AS HIS.
SOLE AND SEPARATE PROPERTY
The Land referred to in this Guarantee is described as follows:
Real property in the City of Daly City, County of San Mateo,.State of California, described as follows:
LOT 25, BLOCK 5, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "ST. FRANCIS HEIGHTS
UNIT NO. 2, DALY CITY, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON MAY 28, 1958 IN
BOOK 49 OF MAPS, AT PAGE‘1, 2, 3, 4.
JPN: 008: 009-094-208
APN: 008-094-200
Form 5015800 (7-1-14) Page 7 of 13 CLTA #1 Litigation Guarantee (12-16-92)
f 5
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tee, Litigation Guarantee
First American Title ISSUED BY
First American Title Insurance Company
Schedule B GUARANTEE NUMBER
3420-6217728
File No.: 3420-6217728
Defects, liens, encumbrances or other matters affecting title:
PART ONE
General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or
payable,
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown
or disclosed by the filed or recorded map referred to in the legal description including but not limited
to: PUBLIC UTILITIES and incidental purposes affecting said land.
Covenants, conditions, restrictions and easements in the document recorded AUGUST 13, 1958 as
INSTRUMENT NO. 65972-Q, BOOK/REEL 3439, PAGE/IMAGE 152 of Official Records, but deleting any
covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based
on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial
status, marital status, disability, handicap, veteran or military status, genetic information, national
origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent
that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful
restrictions under state and federal law on the age of occupants in senlor housing or housing for
older persons shall not be construed as restrictions based on familial status.
A document entitled "CERTIFICATE OF REGISTRATION" recorded JUNE 09, 1993 as INSTRUMENT
NO, 1993-094272 of Official Records.
The terms and provisions contained in the document entitled "NOTICE OF AN INDEPENDENT SOLAR
ENERGY PRODUCER CONTRACT" recorded AUGUST 03, 2015 as INSTRUMENT NO. 2015-081668 of
Official Records.
The Solar Energy System, if any, located on the Land being owned by an Independent Solar Energy
.
Producer.
The new lender, if any, for this transaction may be a Non-Institutional Lender. If so, the Company
will require the Deed of Trust to be signed before a First American approved notary.
Form 5015800 (7-1-14) Page 8 of 13 CLTA #1 Litigation Guarantee (12-16-92)
LU File No: 3420-6217728
PART TWO
A deed of trust to secure an original indebtedness of $595,000.00 recorded MARCH 06, 2006 as
INSTRUMENT NO, 2006-031663 OF OFFICIAL RECORDS.
Dated: FEBRUARY 24, 2006
Trustor: MUATH ZGHOUL, A MARRIED MAN
Trustee: CALIFORNIA RECONVEYANCE COMPANY, A CALIFORNIA
CORP
Beneficiary: WASHINGTON MUTUAL BANK, FA
According to the public records, the beneficial interest under the deed of trust has been assigned
to BANK OF AMERICA NATIONAL ASSOCIATION by various assignments, the last of which was
recorded JUNE 25, 2018 as INSTRUMENT NO. 2018-049313 of Official Records,
A deed of trust to secure an original indebtedness of $174,414.00 recorded APRIL 13, 2006 as
INSTRUMENT NO. 2006-054862 OF OFFICIAL RECORDS,
Dated: MARCH 20, 2006
Trustor: MUATH 2GHOUL
Trustee: GROUP 9, INC., A CALIFORNIA CORPORATION
Beneficiary: WASHINGTON MUTUAL BANK, FA, A FEDERAL
ASSOCIATION, WHICH IS ORGANIZED AND EXISTING
UNDER THE LAWS OF THE UNITED STATES OF THE
UNITED STATES OF AMERICA
A deed of trust to secure an original indebtedness of $360,000 recorded AUGUST 30, 2016 as
INSTRUMENT NO, 2016-087766 OF OFFICIAL RECORDS.
Dated: AUGUST 03, 2016
Trustor: IHSAN EGHOUL
Trustee: THE NORTH RIVER INSURANCE COMPANY
Beneficiary: THE NORTH RIVER INSURANCE COMPANY
Form 5015800 (7-1-14) Page
9 of 13 CLTA #1 Litigation Guarantee (12-16-92)
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ORIGINAL Cary Kletter (SBN 210230) KLETTER LAW FILE 1528 S. El Camino Real, Suite 306 SAN MATEO COUNTY San Mateo, CA 94402 Telephone: 41 3.434.3400 JAN 2 8 2021 oy Clerk ot ie Court Attorneys for Plaintiff, DARREN WALLACE, EXECUTOR, OF THE ESTATE OF DONALD JOSEPH KENNEDY SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO DONALD JOSEPH KENNEDY, CASE NO.: 16CIV00268 10 PLAINTIFF, 11 APPLICATION FOR ORDER FOR SALE es 12 Vv. OF DWELLING AND ISSUANCE OF ORDER TO SHOW CAUSE WHY 13 MUATH “MATT” ZGHOUL; WILDWOOD ) ORDER FOR SALE OF DWELLING we LLC; all persons unknown, claiming any legal or) SHOULD NOT BE MADE; 14 equitable right, title, estate, lien or interest in the ) MEMORANDUM OF POINTS AND 15 property described in the complaint adverse to ) AUTHORITIES; AND DECLARATION Plaintiff's title, or any cloud on Plaintiff's title ) OF CARY KLETTER IN SUPPOR’ <= 16 thereto; and DOES 1 - 10, inclusive, ) THEREOF oe 17 ) DEFENDANTS. ) 18 ) 19 20 1 I, DARREN WALLACE, EXECUTOR OF THE ESTATE OF DONALD JOSEPH ai KENNEDY, am the Judgment Creditor in the above-entitled action and have personal 22 knowledge of the facts stated herein. 23 T obtained a judgment against the Judgment Debtor on May 13, 2019. The balance due 24 on said judgment as of the date of this application is-$33,333.64. 25 I hereby apply for an order to sell all of Judgment Debtor’s right, title, and interest in 26 the real property commonly known as 186 Camelia Dr. and legally described as: LOT 27 25 BLOCK 5 ST FRANCIS HEIGHTS UNIT NO 2 RSM 49/1 CITY OF DALY CITY. 28 APPLICATION FOR ORDER FOR SALE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION RECEIVED SAN MATEO COUNTY JAN 2 9 2021 be co Clerk of the Supsrior Court By DEPUTYCLERK X vw * Oe,A, JAN 28 on 8:39 gy we WA — ; SA I further request that the Court set a time and place for hearing and order the Judgment Debtor to show cause why an order for sale of the dwelling should not be made in accordance with this application. The records of the Tax Assessor in San Mateo County indicate that there is a current homeowner’s exemption in the amount of $7,000.00 for the dwelling. See attached Exhibit A. Record title to the dwelling is held in the name of Muath Zghoul. Iam informed and believe that the dwelling is a-homestead and that the amount of the homestead exemption is $100,000. 10 The records of the County Recorder of the County: in which the dwelling is located il indicate that a homestead declaration under CCP 704.910 has not been recorded by the 12 Judgment Debtor. 13 Attached hereto as Exhibit B is a Litigation Guarantee prepared by First American Title. 14 The name and address of each person having a lien or encumbrance on the dwelling and 15 the amount secured by each such lien or encumbrancé which is superior to Judgment. 16 Creditor’s lien are as follows: 17 a. A deed of trust to secure an original indebtedness of $174,414.00 18 recorded April 13, 2006 as Instrument No. 2006-054862 of Official 19 Records. 20 Dated. March 20, 2006 21 Trustor: Muath Zghoul 22 23 Trustee: Group 9, Inc., a California Corporation 24 Beneficiary: Washington Mutual Bank, FA 25 The beneficial interest under the deed of trust has been assigned to 26 JPMorgan Chase Bank NA: 27 Amount due as of June 3, 2020: $45,592.63. See attached Exhibit C 28 APPLICATION FOR ORDER FOR SALE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION f x ‘ OU ee 10. All.sums due under a deed of trust to secure an original indebtedness of $360,000.00, recorded August 30, 2016 as Instrument No. 2016-087766 of Official Records and listing Ihsan Eghoul as the Trustor and The North River Insurance Company as the. Trustee and Beneficiary, have been satisfied. See attached Exhibit D. i Bank of America has no records regarding the deed of trust to secure an original indebtedness of $595,000.00 recorded March 6, 2006 as Instrument No. 2006-03163 of Official Records which, according to the Litigation Guarantee and public records, was assigned to Bank ofAmerica by various assigments, the last of which was recorded June 25, 2018 as Instrument No. 2018-049313 of Offical Records. See attached Exhibit E. 10 12. Based on the current real property statement, the full assessed market value of the 11 property is $948,908. See attached Exhibit A. 12 13, The name, address and telephone number of the attorney known by me to be the attorney 13 for the Judgment Debtor is as. follows: Edward Cc. Singer, Jr., The Law Offices of 14 Edward Singer, 340 Lorton Ave., Suite 202, Burlingame, CA 94010. ~ 15 14. The relief requested herein is based on this application with attached exhibits, the 16 supporting points and authorities and the accompanying declaration of Cary Kletter as 17 well as the complete files and records in this action. 18 19 I declare under penalty ofperjury shat the foregoing is true and correct and that this 20 application is executed on January LG 52021 at bby, California. 21 22 23 24 Joseph Kennedy, Judgment Creditor 25 26 27 28 APPLICATION FOR ORDER FOR SALE; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION Wo EXHIBIT A suiai202t - Property Tax Bit- TaxSys - San Mateo TreasurerTax 3.08 Say >= eea = COUNTY OF SAN MATEO TAX COLLECTOR — Need assistance? Click here to start a live chat with Tax Collector staff Property Tax Account at 186 CAMELIA DR ‘See a bills for Current Owner ‘Account 008-004-200 2020 Secured Annual Bill #2020-217184 View Bil Bill Information Property in 2020217184 Address ‘Assessment Year, 2020 186 CAMELIAOR ‘Tax Yeor: 2020 DALY CITY ‘Account Number 008-084-200 Tax Rate Area: 05.036 Lega! Deseation Tota $12,407.40 LOT 25 BLOCK § ST FRANCIS HEIGHTS UNIT NO2 RSM 49/ 4 CITY OF O ALY CITY Bill Status and Payment 2020 Secured Annual Bin 42020-21764 ‘st Installment $6,203.30 PAID. Dotravant Ano renenazo ranncezn ‘nd Instatimant $6,203.70 Defoquent Afar Add to Cart ‘ourzro2t ‘Ad Vatorem Taxes ‘Taxing Authorty Asuessed Exomgtions Taxable Total Tax CountywideTax (Secured) §,00000000% $955,008 ‘$7000 3948.90, 159,488.08 ‘JeffersonBeg Bond .ocs7ocn0% $955,908 $7,000 $048,908 $032.92 ‘Seed Bord ‘c.02130000% $955,908 ‘57,000 $948,008, sz. Jetson Une Bond .09420000% $955,908 $7,000 ‘$948,508 sesa.e7 ‘Special Assessments and Direct Charges. Leming Autnorty Prone Number Tex FEDCABNPOES STORM FEE (650) 389.4100 sre NSMCSO SEWER FEE (650) 991-8084 $945.60 SMC MOSG ABATEMNT ASSUNT (800) 273-5167 $1868 -EFFERSON UMSD PRCEL TX (800) 676.7516 $60.00 EFFERSONESD PARCEL TAX (800) 676-7816 1388.00 'SFERA MEASURE AA 080) S08.0157 $1200 ‘SUHSD MEASURE Y TAX 1800) 676.7516 $58.00 JEFFERSON UNSO MAINT teoyza67 10.90 CA STORM FEELOCAL (650) 991-8086 980 Total: $12,407.40 ‘Combined taxes and assessments: $12,407.40 EXHIBIT Bo Co) Wo 1 hK Ee | First American Title First American Title Company 2230 East Bidwell Street, Suite 100 Folsom, CA 95630 April 21, 2020 Cary Kletter Kletter Law Firm 1900 South Norfolk Street, Suite 350 San Mateo, CA 94403 Title Officer: Randal Watkins Phone: (916)983-3985 Order Number: 3420-6217728 (RW) Property: 186 Camelia Drive Daly City, California 94015 Attached please find the following item(s) Guarantee Thank You for your confidence and support. We at First American Title Company maintain the fundamental principle: Customer First! Form 5015800 (7-1-14) Page 1 of 13 CLTA #1 Litigation Guarantee (12-16-92) 1 4 RHEE Litigation Guarantee i First American Title - ISSUED BY First American Title Insurance Company GUARANTEE NUMBER Guarantee 5015800-3420-6217728 SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES the Assured named in Schedule A against loss not exceeding the liability amount stated hn Schedule A which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, as of Date of Guarantee shown in Schedule A: 1 The title to the herein described estate or interest is vested in the vestee named in Schedule A. 2. Except for the matters shown in Schedule B, there are no defects, liens, encumbrances or other matters affecting title to the estate or Interest in the land shown in Schedule A, which matters are not necessarily shown in the order of their priority. a) The current interest holders claiming some right, title or interest-by reason of the matters shown in Part II of Schedule B. are as shown therein. The vestee named in Schedule A and parties claiming to have some right, title or interest by reason of the matters shown in Part II of Schedule B may be necessary parties defendant in an action, the nature of which is referred to in Schedule A. (b) ‘The current interest holders claiming some right, title or interest by reason of the matters shown in Part I of Schedule B may also be necessary parties defendant in an action, the nature of which is referred to in Schedule A. However, assurance is given hereby as to those current interest holders, The return address for mailing after recording, If any, as shown on each and every document referred to in Part II of Schedule B by specific recording information, and as shown on the document(s) vesting title as shown in Schedule A are as shown in Schedule C. THIS LITIGATION GUARANTEE IS FURNISHED SOLELY FOR THE PURPOSE OF FACILITATING THE FILING OF THE ACTION REFERRED TO IN SCHEDULE A. IT SHALL NOT BE USED OR RELIED UPON FOR ANY OTHER PURPOSE. First American Title Insurance Company Duo Miho DennisJ Gilmore President defirey S. RoSinson Secretary puthorized Countersignature Form 5015800 (7-1-14) Page 2 of 13 CLTA #1 Litigation Guarantee (12-16-92) WU Form 5015800 (7-1-14) Page 3 of 13 CLTA #1 Litigation Guarantee (12-16-92) 1 scnepu,_Jr EXCLUSIONS FROM COVERAGE OF ra ARANTEE Except to the extent that specific assurances are provided (a) Defects, liens, encumbrances, adverse claims or other in Schedule A of this Guarantee, the Company assumes no matters affecting the title to any property beyond the liability for loss or damage by reason of the following: lines of the land expressly described in the description (a) Defects, liens, encumbrances, adverse claims or other set forth in Schedule (A), (C) or in Part 2 of this matters against the title, whether or not shown by the Guarantee, or title to streets, roads, avenues, lanes, public records, ways or waterways to which such land abuts, or the (b) (1) Taxes or assessments of any taxing authority that right to maintain therein vaults, tunnels, ramps or any levies taxes or assessments on real property; or, (2) structure or improvements; or any rights or Proceedings by a public agency which may result in easements therein, unless such property, rights or taxes or assessments, or notices of such proceedings, easements are expressly and specifically set forth in whether or not the matters excluded under (1) or (2) said description. are shown by the records of the taxing authority or by (b) Defects, liens, encumbrances, adverse claims or other the public records. matters, whether or not shown by the public records; (c) (1) Unpatented mining claims; (2) reservations or (1) which are created, suffered, assumed or agreed to exceptions in patents or in Acts authorizing the by one or more of the Assureds; (2) which result in no issuance thereof; (3) water rights, claims or title to loss to the Assured; or (3) which do not result in the water, whether or not the matters excluded under (1), invalidity or potential invalidity of any judicial or non- (2) or (3) are shown by the public records, Judicial proceeding which is within the scope and Notwithstanding any specific assurances which are purpose of the assurances provided. provided in Schedule A of this Guarantee, the Company (c) ‘The identity of any party shown or referred to in assumes no liability for loss or damage by reason of the Schedule A. following: () The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS, 4, COMPANY'S OPTION TO DEFEND OR PROSECUTE The following terms when used in the Guarantee mean: ACTIONS; DUTY OF ASSURED CLAIMANT TO (a) the "Assured": the party or parties named as the COOPERATE. Assured in this Guarantee, or on a supplemental Even though the Company has no duty to defend or writing executed by the Company. prosecute as set forth in Paragraph 3 above: (b) "land": the land described or referred to in Schedule (a) The Company shall have the right, at its sole option (A)() or in Part 2, and improvements affixed thereto and cost, to Institute and prosecute any action or which by law constitute real property. The term proceeding, interpose a defense, as limited in (b), or “land" does not include any property beyond the lines to do any other act which in its opinion may be of the area described or referred to in Schedule (A)(C) necessary or desirable to establish the title to the or in Part 2, nor any right, title, interest, estate or estate or Interest as stated herein, or to establish the easement In abutting streets, roads, avenues, alleys, lien rights of the Assured, or to prevent or reduce loss lanes, ways or waterways. or damage to the Assured. The Company may take (c) "mortgage": mortgage, deed of trust, trust deed, or any appropriate action under the terms of this other security instrument. Guarantee, whether or not it shall be liable hereunder, (a) “public records": records established under state and shall not thereby concede liability or walve any statutes at Date of Guarantee for the purpose of Provision of this Guarantee, If the Company shall imparting constructive notice of matters relating to exercise its rights under this paragraph, it shall do so real property to purchasers for value and without diligently. knowledge. (b) If the Company elects to exercise its options as stated No "date": the effective date. TICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. 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 An Assured shall notify the Company promptly in writing in represent the Assured and shall not be liable for and case knowledge shall come to an Assured hereunder of will not pay the fees of any other counsel, nor will the any claim of title or interest which is adverse to the title to Company pay any fees, costs or expenses incurred by the estate or interest, as stated herein, and which might an Assured in the defense of those causes of action cause loss or damage for which the Company may be which allege matters not covered by this Guarantee. liable by virtue of this Guarantee. If prompt notice shall {c) Whenever the Company shall have brought an action not be given to the Company, then all liability of the or interposed a defense as permitted by the provisions Company shall terminate with regard to the matter or of this Guarantee, the Company may pursue any matters for which prompt notice is required; provided, litigation to final determination by a court of however, that failure to notify the Company shall in no competent jurisdiction and expressly reserves the case prejudice the rights of any Assured under this right, in its sole discretion, to appeal from an adverse Guarantee unless the Company shall be prejudiced by the judgment or order. failure and then only to the extent of the prejudice. (d) In all cases where this Guarantee permits the 3. NO DUTY TO DEFEND.OR PROSECUTE. Company to prosecute or provide for the defense of The Company shail have no duty to defend or prosecute any action or proceeding, an Assured shall secure to any action or proceeding to which the Assured is a party, the Company the right to so prosecute or provide for notwithstanding the nature of any allegation in such action the defense of any action or proceeding, and all or proceeding, Form 5015800 (7-1-14) Page 4 of 13 CLTA #1 Litigation Guarantee (12-16-92) * Gu._\ree CONDITIONS AND STIPULATIONS((. _. ‘inued) appeals therein, and permit the Company to use, at issued for the benefit of a holder of a mortgage or a its option, the name of such Assured for this purpose. llenholder, the Company shall have the option to Whenever requested by the Company, an Assured, at purchase the indebtedness secured by said mortgage the Company's expense, shall give the Company all or said lien for the amount owing thereon, together reasonable aid In any action or proceeding, securing with any costs, reasonable attorneys' fees and evidence, obtaining witnesses, prosecuting or expenses Incurred by the Assured claimant which defending the action or lawful act which in the opinion were authorized by the Company up to the time of of the Company may be necessary or desirable to purchase. establish the title to the estate or Interest as stated Such purchase, payment or tender of payment of the herein, or to establish the lien rights of the Assured. full amount of the Guarantee shall terminate all If the Company is prejudiced by the failure of the liability of the Company hereunder. In the event Assured to furnish the required cooperation, the after notice of claim has been given to the Company Company's obligations to the Assured under the by the Assured the Company offers to purchase said Guarantee shall terminate. indebtedness, the owner of such indebtedness shall 5. PROOF OF LOSS OR DAMAGE. transfer and assign said indebtedness, together with In addition to and after the notices required under Section any collateral security, to the Company upon payment 2 of these Conditions and Stipulations have been provided of the purchase price, to the Company, a proof of loss or damage signed and Upon the exercise by the Company of the option sworn to by the Assured shall be furnished to the provided for in Paragraph (a) the Company's Company within ninety (90) days after the Assured shall obligation to the Assured under this Guarantee for the ascertain the facts giving rise to the loss or damage. The claimed loss or damage, other than to make the proof of loss or damage shail describe the matters covered payment required in that paragraph, shall terminate, by this Guarantee which constitute the basis of loss or including any obligation to continue the defense or damage and shall state, to the extent possible, the basis of prosecution of any litigation for which the Company calculating the amount of the loss or damage. If the has exercised its options under Paragraph 4, and the Company is prejudiced by the failure of the Assured to Guarantee shall be surrendered to the Company for provide the required proof of loss or damage, the cancellation. Company's obligation to such assured under the Guarantee (b) To Pay or Otherwise Settle With Parties Other Than shall terminate. In addition, the Assured may reasonably the Assured or With the Assured Claimant. be required to submit to examination under oath by any To pay or otherwise settle with other parties for or in authorized representative of the Company and shall the name of an Assured claimant any claim assured produce for examination, inspection and copying, at such against under this Guarantee, together with any costs, reasonable times and places as may be designated by any attorneys’ fees and expenses incurred by the Assured authorized representative of the Company, all records, claimant which were authorized by the Company up to books, ledgers, checks, correspondence and memoranda, the time of payment and which the Company is r bearing a date before or after Date of Guarantee, obligated to pay. which reasonably pertain to the loss or damage. Further, Upon the exercise by the Company of the option if requested by any authorized representative of the Provided for in Paragraph (b) the Company's Company, the Assured shall grant its permission, in obligation to the Assured under this Guarantee for the writing, for any authorized representative of the Company claimed loss or damage, other than to make the to examine, inspect and copy all records, books, ledgers, payment required in that paragraph, shall terminate, checks, correspondence and memoranda in the custody or including any obligation to continue the defense or control of a third party, which reasonably pertain to the prosecution of any litigation for which the Company loss or damage. All information designated as confidential has exercised its options under Paragraph 4. by the Assured provided to the Company pursuant to this 7 DETERMINATION AND EXTENT OF LIABILITY. Section shall not be disclosed to others unless, in the This Guarantee is a contract of Indemnity against actual reasonable judgment of the Company, It Is necessary in monetary loss or damage sustained or incurred by the the administration of the claim. Failure of the Assured to Assured claimant who has suffered loss or damage by submit for examination under oath, produce other reason of reliance upon the assurances set forth In this reasonably requested information or grant permission to Guarantee and only to the extent herein described, and secure reasonably necessary information from third parties subject to the Exclusions From Coverage of This as required in the above paragraph, unless prohibited by Guarantee, law or governmental regulation, shall terminate any The liability of the Company under this Guarantee to the liability of the Company under this Guarantee to the Assured shall not exceed the least of: Assured for that claim. (a) the amount of liability stated in Schedule A or in Part 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. (b) the amount of the unpaid principal indebtedness In case of a claim under this Guarantee, the Company secured by the mortgage of an Assured mortgagee, as shall have the following additional options: limited or provided under Section 6 of these (a) To Pay or Tender Payment of the Amount of Liability Conditions and Stipulations or as reduced under or to Purchase the Indebtedness. Section 9 of these Conditions and Stipulations, at the The Company shall have the option to pay or settle or time the loss or damage assured against by this compromise for or in the name of the Assured any Guarantee occurs, together with interest thereon; or claim which could result in loss to the Assured within (c) the difference between the value of the estate or the coverage of this Guarantee, or to pay the full interest covered hereby as stated herein and the value amount of this Guarantee or, if this Guarantee is of the estate or interest subject to any defect, lien or Form 5015800 (7-1-14) Page 5 of 13 CLTA #1 Litigation Guarantee (12-16-92) cua,_\ree CONDITIONS AND STIPULATIONS(Cé,_.\ued) encumbrance assured agai inst by this Guarantee. to all rights and remedies of the Assured after the Assured 8. LIMITATION OF LIABII shall have recovered its principal, interest, and costs of (a) If the Company establishes the title, or removes the lon. alleged defect, lien or encumbrance, or cures any 12, ARBITRATION. other matter assured against by this Guarantee in a Unless prohibited by applicable law, either the Company or teasonably diligent manner by any method, including the Assured may demand arbitration pursuant to the Title litigation and the completion Insurance Arbitration Rules of the American Land Title of any appeals therefrom, it shall have fully performed Association. Arbitrable matters may include, but are not its obligations with respect to that matter and shall limited to, any controversy or claim between the Company not be liable for any loss or damage caused thereby. and the Assured arising out of or relating to this (b) In the event of any litigation by the Company or with Guarantee, any service of the Company in connection with the Company's consent, the Company shail have no its issuance or the breach of a Guarantee provision or liability for loss or damage until there has been a final other obligation. All arbitrable matters when the Amount determination by a court of competent jurisdiction, of Liability is $2,000,000 or less shall be arbitrated at the and disposition of all appeals therefrom, adverse to option of either the Company or the Assured. All the title, as stated herein, arbitrable matters when the amount of liability is in excess {c) ‘The Company shall not be liable for loss or damage to of $2,000,000 shall be arbitrated only when agreed to by any Assured for liability voluntarily assumed by the both the Company and the Assured. The Rules in effect at Assured in settling any claim or suit without the prior Date of Guarantee shall be binding upon the parties. The written consent of the Company. award may include attorneys’ fees only if the laws of the REDUCTION OF LIABILITY OR TERMINATION OF state in which the land is located permits a court to award LIABILITY, attorneys' fees to a prevailing party. Judgment upon the All payments under this Guarantee, except payments award rendered by the Arbitrator(s) may be entered in any made for costs, attorneys’ fees and expenses pursuant to court having jurisdiction thereof. Paragraph 4 shall reduce the amount of liability pro tanto. The law of the situs of the land shall apply to an 10. PAYMENT OF LOSS. arbitration under the Title Insurance Arbitration Rules. (a) No payment shall be made without producing this A copy of the Rules may be obtained from the Company Guarantee for endorsement of the payment unless the upon request. . Guarantee has been lost or destroyed, in which case 13. LIABILITY LIMITED TO THIS GUARANTEE; proof of loss or destruction shall be furnished to the GUARANTEE ENTIRE CONTRACT. satisfaction of the Company. (@) This Guarantee together with all endorsements, if any, (b) When liability and the extent of loss or damage has attached hereto by the Company is the entire been definitely fixed in accordance with these Guarantee and contract between the Assured and the Conditions and Stipulations, the loss or damage shall Company. In interpreting any provision of this be payable within thirty (30) days thereafter. Guarantee, this Guarantee shall be construed as a 11 SUBROGATION UPON PAYMENT OR SETTLEMENT, whole. Whenever the Company shall have settled and paid a (b) Any claim of loss or damage, whether or not based on claim under this Guarantee, all right of subrogation shall negligence, or any action asserting such claim, shall vest in the Company unaffected by any act of the Assured be restricted to this Guarantee. claimant. (c) No amendment of or endorsement to this Guarantee The Company shall be subrogated to and be entitled to all can be made except by a writing endorsed hereon or rights and remedies which the Assured would have ha attached hereto signed by either the President, a Vice against any person or property in respect to the claim had President, the Secretary, an Assistant Secretary, or this Guarantee not been issued. If requested by the validating officer or authorized signatory of the Company, the Assured shall transfer to the Company all Company. rights and remedies against any person or property 14, NOTICES, WHERE SENT. necessary in order to perfect this right of subrogation. All notices required to be given the Company and any The Assured shall permit the Company to sue, compromise statement in writing required to be furnished the Company or settle in the name of the Assured and to use the name shall include the number of this Guarantee and shall be of the Assured in any transaction or litigation Involving addressed to the Company at First American Title these rights or remedies, Insurance Company, Attn: Claims National Intake If a payment on account of a claim does not fully cover Center, 1 First American Way, Santa Ana, California the loss of the Assured the Company shall be subrogated 92707. 6% AMER, x Ze LE First American Title Form 5015800 (7-1-14) Page 6 of 13 CLTA #1 Litigation Guarantee (12-16-92) », Co) a tM ee Litigation Guarantee First American Title- ISSUED BY First American Title Insurance Company Schedule A GUARANTEE NUMBER 3420-6217728 File No.: 3420-6217728 Liability: $33,000.00 Fee: $500.00 Name of Assured: ESTATE OF DONALD KENNEDY Date of Guarantee: March 23, 2020 at 7:30 A.M This Litigation Guarantee Is furnished solely for the purpose of feclitating the fililing of an action to. FILE A LIEN AGAINST A REAL PROPERTY. ‘The. estate or interest in the Land which is covered by this Guarantee is: FEE Title to the estate or interest In the Land Is vested in: MUATH ZGHOUL, A MARRIED MAN, AS HIS. SOLE AND SEPARATE PROPERTY The Land referred to in this Guarantee is described as follows: Real property in the City of Daly City, County of San Mateo,.State of California, described as follows: LOT 25, BLOCK 5, AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "ST. FRANCIS HEIGHTS UNIT NO. 2, DALY CITY, SAN MATEO COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA, ON MAY 28, 1958 IN BOOK 49 OF MAPS, AT PAGE‘1, 2, 3, 4. JPN: 008: 009-094-208 APN: 008-094-200 Form 5015800 (7-1-14) Page 7 of 13 CLTA #1 Litigation Guarantee (12-16-92) f 5 VY QO tee, Litigation Guarantee First American Title ISSUED BY First American Title Insurance Company Schedule B GUARANTEE NUMBER 3420-6217728 File No.: 3420-6217728 Defects, liens, encumbrances or other matters affecting title: PART ONE General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or payable, The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description including but not limited to: PUBLIC UTILITIES and incidental purposes affecting said land. Covenants, conditions, restrictions and easements in the document recorded AUGUST 13, 1958 as INSTRUMENT NO. 65972-Q, BOOK/REEL 3439, PAGE/IMAGE 152 of Official Records, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. Lawful restrictions under state and federal law on the age of occupants in senlor housing or housing for older persons shall not be construed as restrictions based on familial status. A document entitled "CERTIFICATE OF REGISTRATION" recorded JUNE 09, 1993 as INSTRUMENT NO, 1993-094272 of Official Records. The terms and provisions contained in the document entitled "NOTICE OF AN INDEPENDENT SOLAR ENERGY PRODUCER CONTRACT" recorded AUGUST 03, 2015 as INSTRUMENT NO. 2015-081668 of Official Records. The Solar Energy System, if any, located on the Land being owned by an Independent Solar Energy . Producer. The new lender, if any, for this transaction may be a Non-Institutional Lender. If so, the Company will require the Deed of Trust to be signed before a First American approved notary. Form 5015800 (7-1-14) Page 8 of 13 CLTA #1 Litigation Guarantee (12-16-92) LU File No: 3420-6217728 PART TWO A deed of trust to secure an original indebtedness of $595,000.00 recorded MARCH 06, 2006 as INSTRUMENT NO, 2006-031663 OF OFFICIAL RECORDS. Dated: FEBRUARY 24, 2006 Trustor: MUATH ZGHOUL, A MARRIED MAN Trustee: CALIFORNIA RECONVEYANCE COMPANY, A CALIFORNIA CORP Beneficiary: WASHINGTON MUTUAL BANK, FA According to the public records, the beneficial interest under the deed of trust has been assigned to BANK OF AMERICA NATIONAL ASSOCIATION by various assignments, the last of which was recorded JUNE 25, 2018 as INSTRUMENT NO. 2018-049313 of Official Records, A deed of trust to secure an original indebtedness of $174,414.00 recorded APRIL 13, 2006 as INSTRUMENT NO. 2006-054862 OF OFFICIAL RECORDS, Dated: MARCH 20, 2006 Trustor: MUATH 2GHOUL Trustee: GROUP 9, INC., A CALIFORNIA CORPORATION Beneficiary: WASHINGTON MUTUAL BANK, FA, A FEDERAL ASSOCIATION, WHICH IS ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF THE UNITED STATES OF AMERICA A deed of trust to secure an original indebtedness of $360,000 recorded AUGUST 30, 2016 as INSTRUMENT NO, 2016-087766 OF OFFICIAL RECORDS. Dated: AUGUST 03, 2016 Trustor: IHSAN EGHOUL Trustee: THE NORTH RIVER INSURANCE COMPANY Beneficiary: THE NORTH RIVER INSURANCE COMPANY Form 5015800 (7-1-14) Page 9 of 13 CLTA #1 Litigation Guarantee (12-16-92) . O / \ File No: 3420-6217728