Form No. 22 (9/9/94) Order Number: NCS-000000-NY
CLTA Trustee’s Sale Guarantee Page Number: 2
Form No. 22 (9/9/94) Order Number: NCS-000000-NY
CLTA Trustee’s Sale Guarantee Page Number: 1
First American Title Insurance Company of New York
633 Third Avenue
New York, NY 10017
July 21, 2009
Jane Doe
UP & Down LLP
000 Market Street
San Francisco, CA 94105
Phone: (415) 000-0000
Fax: (415) 000-0000
Customer Reference: 100 Fictitious Street
San Francisco Contact: John Doe
000 Main Street, Suite 0
San Francisco, CA. 94105
Phone: (415) 000-0000
Order Number: NCS-000000-NY
New York Contact: Andrew Jaeger
633 Third Avenue
New York, NY 10017
Phone: (212) 310-8187
Owner: ABC Company, L.P.
Property: 100 Fictitious Street & 100 Fictitious Street #1G
San Francisco, CA
Attached please find the following item(s):
Guarantee
Thank you for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle:
Customer First!
TRUSTEE'S SALE GUARANTEE
LIABILITY: $224,285,668.90 ORDER NO.: NCS-000000-NY
FEE: $86,970.00 YOUR REF: 100 Fictitious Street
SUBJECT TO 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 California corporation, herein called the Company
GUARANTEES
the Assured named in Part Two of this Guarantee against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the date stated below:
1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority;
2. The names and addresses of persons who have recorded requests, as provided by Section 2924b(a) and (d) of the Civil Code, for a copy of notice of default and for a copy of notice of sale are as shown herein;
3. The names and addresses of additional person s who, as provided by Section 2924b(c)(1) and (2) of the Civil Code, are entitled to receive a copy of notice of default and a copy of notice of sale are as shown herein;
4. The names and addresses of state taxing agencies which, as provided by Section 2924b(c)(3) of the Civil Code, are entitled to receive a copy of notice of sale, are as shown herein, and;
5. The herein described land is located in the city or judicial district stated herein and, if designated, the newspaper or newspapers listed herein qualify for publication of notice pursuant to Section 2924f of the Civil Code.
Dated: August 2, 2009 at 1:46 P.M.
PART TWO
1. Named of Assured:
First American Title Insurance Company, as Trustee and Mister Bank, in its
individual capacity and in its capacity as holder of record, as Beneficiary
2. The estate or interest in the Land hereinafter described or referred to covered by this Guarantee is:
A fee as to Tract A; an easement as to Tract B and C; A condominium in fee as defined in Section 783 & 1351(F) of the California Civil Code, as to Tract D
3. Title to said estate or interest at the date hereof is vested in:
ABC Company, L.P., a Delaware Limited Partnership
4. The Land referred to in this Guarantee is situated in the City of San Francisco, County of San Francisco, State of California, and is described as follows:
TRACT A:
PARCEL 2, PARCEL 3 AND AN UNDIVIDED 89% INTEREST IN PARCEL 1 AS SAID PARCELS ARE
SHOWN ON PARCEL MAP OF 100 FICTICIOUS STREET BEING A RESUBDIVISION OF LOTS 20, 21, 22, 23, 26 AND 28, PORTION OF ASSESSOR’S BLOCK 000, RECORDED JULY 16, 1986, IN THE OFFICE OF THE RECORDER OF THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF
CALIFORNIA, IN BOOK 00 OF PARCEL MAPS AT PAGES 00 THROUGH 00.
BEING A PART OF 00 VARA BLOCK NO. 00.
TRACT B:
AN EASEMENT FOR 99 YEARS OF RIGHT TO RECEIVE LIGHT AND AIR APPURTENANT TO
PORTIONS OF TRACT A OVER THE FOLLOWING DESCRIBED PROPERTY, AS GRANTED IN AND
UPON THE TERMS AND CONDITIONS CONTAINED IN THE DEED FROM HAPPY GO LUCKY
TO DDD CORPORATION CALIFORNIA, A CALIFORNIA CORPORATION, DATED NOVEMBER 5, 1982, IN BOOK D000, PAGE 0000, SERIES NO. D000000, OFFICIAL RECORDS, TO WIT:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF …. SOUTHERLY 104 FEET 8-½ INCHES TO THE NORTHERLY LINE …; THENCE AT A RIGHT ANGLE EASTERLY ALONG SAID LINE OF …. STREET 104 FEET 5-½ INCHES TO THE POINT OF BEGINNING.
BEING PART OF 00 VARA BLOCK NO. 00.
TRACT C:
EASEMENTS APPURTENANT TO PORTIONS OF TRACT A ABOVE FOR SUPPORT, ACCESS,
UTILITIES, ENCROACHMENTS, INGRESS, EGRESS AND OTHER PURPOSES OVER PORTIONS OF
LAND DESCRIBED ON THAT CERTAIN SUBDIVISION MAP ENTITLED, "MAP OF 100 FICTITIOUS STREET, A CONDOMINIUM," RECORDED ON OCTOBER 8, 1986, AS INSTRUMENT #D000000, IN BOOK 00, PAGES 00 ET SEQ. OF CONDOMINIUM MAPS, OFFICIAL RECORDS, WHICH
EASEMENTS ARE DESCRIBED IN THE MASTER DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS RECORDED OCTOBER 14, 1986, IN INSTRUMENT NO. D000000, OFFICIAL
RECORDS AND ARE RESERVED IN VARIOUS DEEDS OF RECORD.
APN: LOT 00 AND LOT 00 BLOCK 000
TRACT D:
PARCEL 1:
UNIT NO. 0-1, LOT 00, AS SHOWN ON THAT CERTAIN FINAL SUBDIVISION MAP ENTITLED:
MAP OF 100 FICTITIOUS STREET, A CONDOMINIUM, BEING A RESUBDIVISION OF LOT 00, PORTION OF ASSESSOR’S BLOCK NO. 000, SAN FRANCISCO, CALIFORNIA, WHICH WAS RECORDED ON OCTOBER 7, 1986 IN THE OFFICIAL RECORDS OF THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA AS DOCUMENT D000000 AND FILED OCTOBER 8, 1986, IN CONDOMINIUM MAP BOOK 00, AT PAGES 00 TO 00 ("THE MAP"), EXCEPTING AND RESERVING THEREFROM EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIRS, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION OF RESTRICTIONS RECORDED OCTOBER 15, 1986, AS INSTRUMENT NO. D000000, OFFICIAL RECORDS ("THE RESIDENTIAL DECLARATION’) AND THE DECLARATION OF RESTRICTIONS RECORDED OCTOBER 14, 1986, AS INSTRUMENT NO. D000000, OFFICIAL RECORDS ("THE MASTER DECLARATION").
PARCEL 2:
AN UNDIVIDED 5.102% FEE SIMPLE INTEREST AS A TENANT IN COMMON IN THE COMMON
AREA AS DESCRIBED IN THE MAP AND THE RESIDENTIAL DECLARATION REFERRED TO ABOVE, EXCEPTING AND RESERVING THEREFROM UNITS 1 THROUGH 46, INCLUSIVE, LOCATED THEREON.
ALSO EXCEPTING AND RESERVING THEREFROM NONEXCLUSIVE EASEMENTS FOR ACCESS,
INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT AND FOR
OTHER PURPOSES, ALL AS DESCRIBED IN THE RESIDENTIAL DECLARATION AND THE MASTER
DECLARATION REFERRED TO ABOVE.
APN: LOT 00 BLOCK 000
APN: LOT(S) 00, 00 & 00 BLOCK 000
5. EXCEPTIONS:
1. General and special taxes and assessments for the fiscal year 2009-2010, a lien not yet due or payable.
2. General and special taxes and assessments for the fiscal year 2008-2009.
First Installment: $65,359.40, Paid
Penalty: $0.00
Second Installment: $65,359.40, Paid
Penalty: $0.00
Tax Rate Area: 01-000
A. P. No.: LOT 00 BLOCK 000
3. Supplemental taxes for the year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
First Installment: $46,066.02, Paid
Penalty: $0.00
Second Installment: $46,066.02, Paid
Penalty: $0.00
Tax Rate Area: 01-000
A. P. No.: LOT 00 BLOCK 000
4. General and special taxes and assessment for the fiscal year 2008-2009.
First Installment: $1,600,071.41, Paid
Penalty: $0.00
Second Installment: $1,600,071.41, Paid
Penalty: $0.00
Tax Rate Area: 01-000
B. P. No.: LOT 00 BLOCK 000
5. Supplemental taxes for the year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
First Installment: $538,914.02, Paid
Penalty: $0.00
Second Installment: $538,914.02, Paid
Penalty: $0.00
Tax Rate Area: 01-000
A. P. No.: LOT 00 BLOCK 000
6. General and special taxes and assessments for the fiscal year 2008-2009.
First Installment: $1,949.12, Paid
Penalty: $0.00
Second Installment: $1,949.12, Paid
Penalty: $0.00
Tax Rate Area: 01-000
A. P. No.: LOT 00 BLOCK 000
7. Supplemental taxes for the year 2007-2008 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
First Installment: $91.16, Paid
Penalty: $0.00
Second Installment: $91.16, Paid
Penalty: $0.00
Tax Rate Area: 01-000
A. P. No.: LOT 00 BLOCK 000
8. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
9. The lien of bonds and assessment liens, if applicable, collected with the general and special taxes.
10. A. A special tax lien of community facilities District No. 90-1 of San Francisco unified school district.
Said assessment is payable with and in like manner as the taxes of the city and county of San Francisco.
With respect to the above special tax, please note that document recorded July 5, 1990, in book F000 of official records, page 0000, and by supplemental notice of special tax lien recorded July 11, 1990 in book F000, page 0, et seq., which recites, in part, as follows:
For further information concerning the current estimated future tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact:
San Francisco Unified School District
135 Van Ness Avenue
San Francisco, CA 94102
Attention: Dr. John Bayless
B. Any unpaid amounts now owing, for delinquent refuse, in favor of the city and county of San Francisco, Department of Public Health-Environmental Health, please contact:
Department of Public Health-Environmental Health
101 Grove Street, Room #218
San Francisco, CA 94102
Phone No.: (415) 252-3872
C. Any unpaid amounts now owing, for delinquent water, utility and sewer service charges, in favor of the city and county of San Francisco, Water Department, please contact:
Water Department
425 Mason Street
San Francisco, CA 94102
Phone No.: (415) 923-2550
11. The terms and provisions contained in the document entitled "Notice and Declaration of Special Restriction Under City Planning Code" recorded September 16, 1982 as Instrument No. D000000, In Book D000, Page 000 of Official Records.
12. An easement for Vehicular Parking and Vehicular and Pedestrian Ingress and Egress and
incidental purposes, recorded September 16, 1982 as Instrument No. D000000, In Book
D000, Page 000 of Official Records.
In Favor of: California Jones Company, A Partnership
Affects: Parking Areas and Access Areas, the exact location of which are
not disclosed.
13. The terms and provisions contained in the document entitled "Grant Of Easements"
recorded September 16, 1982 as Instrument No. D000000, In Book D000, Page 000 of Official Records. Executed By DDD Corporation California, A California Corporation.
14. The terms and provisions contained in the document entitled "Restrictions Agreement No. 1" recorded September 16, 1982 as Instrument No. D000000, In Book D000, Page 000 of Official Records. Executed By DDD Corporation California, A California Corporation.
Document(s) declaring modifications thereof recorded November 13, 1989 as Instrument No. E000000, In Book E000, Page 000 of Official Records.
15. The terms and provisions contained in the document entitled "Restrictions Agreement No. 2" recorded September 16, 1982 as Instrument No. D000000, In Book D000, Page 000 of Official Records. Executed By DDD Corporation California, A California Corporation.
Document(s) declaring modifications thereof recorded November 13, 1989 as Instrument No. E000000, In Book E000, Page 000 of Official Records.
16. The terms and provisions contained in the document entitled "Notice of Motion" recorded March 30, 1983 as Instrument No. D000000, In Book D000, Page 000 of Official Records. By and Between DDD Corporation California, A California Corporation and Robert W. Passmore, Zoning Administrator of the City and County of San Francisco.
17. The terms and provisions contained in the document entitled "Notice of Special Restriction Under City Planning Code" recorded May 27, 1983 as Instrument No. D000000, In Book D000, Page 0000 of Official Records.
18. Any and All Provisions, Conditions, Restrictions, Notes, Easements and Offers of Dedication, for the purposes thereon stated and incidental rights thereto, as shown on that certain Map recorded July 16, 1986 In Book 00 of Parcel Maps, Pages 00 to 00, Inclusive, City and County of San Francisco.
19. Any and All Provisions, Conditions, Restrictions, Notes, Easements and Offers of Dedication, for the purposes thereon stated and incidental rights thereto, as shown on that certain Map recorded October 8, 1986, In Book 00 of Condominium Maps, at Pages 00 to 00.
20. Matters in a document entitled "Master Declaration 100 Fictitious Street", executed by and between DDD Corporation California, A California Corporation and ABC Company Associates, A California Limited Partnership, recorded October 14, 1986 as Instrument No. D00000, In Book E000, Page 000 of Official Records, including but not limited to covenants, conditions, restrictions, easements, assessments, liens and charges.
21. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded October 15, 1986 as Instrument No. D000000, In Book E000, Page 0000 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall
not be construed as restrictions based on familial status.
Affects Tract D
22. A Deed of Trust to secure an original indebtedness of $232,000,000.00 recorded June 8,
2007 as Instrument No. 2007-I000000-00, Book J000, Page 0000 of Official Records.
Dated: June 7, 2007
Trustor: ABC Company, L.P.
Trustee: First American Title Insurance Company
Beneficiary: XYZ Financial, Inc.
Assignment of deed of trust, assignment of leases and rents, fixture filing and security agreement and assignment of leases and rents recorded assigning beneficial interest to