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1998-79310 " \" i '---j{ecoraed~equest of~ First American Title C & I Dept WHEN RECORDED, RETURN TO: Andrews & Kurth L.L.P. 601 South Figueroa Street Suite 4200 Los Angeles, California 90017-5704 Attention: Marta T. Kurland, Esq. ltb<\Oq G -.;I. Loan No. 240779 Super Crown Books and La Jolla Patio 1890 ~ vR~ \W' DOC # 1998-0079310 FEB 17. 1998 11:22 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 17.00 1IIIIIIIIIImlllllllllllllll~ll~l~~llllllllllllllllllll1IIIIIf ESTOPPEL CERTIFICATE AND CERTIFICATE OF COMPLIANCE ~. ". ..... .. 1891 ESTOPPEL CERTIFICATE AND CERTIFICATE OF COMPLIANCE Febrvt< ~V 'J...- IaR.lttlry --' 1998 Column Financial, Inc. c/o Andrews & Kurth L.L.P. 601 South Figueroa Street, Suite 4200 Los Angeles, California 90017 Attn: Marta T. Kurland, Esq. Re: Development Agreement ("Agreement") recorded on December 14, 1994 in San Diego County, California as Instrument No. 1994-0713677, as assigned pursuant Assignment of City Development Agreement recorded on December 8, 1995 as Instrument No. 1995-0559945, which Agreement affects, among other property, the property described as Lot 15 of Amended Map ofEncinitas Map No. 13258, and located at 1092 North EI Camino Real, Encinitas, California (the "Project"). Ladies and Gentlemen: The undersigned, the City ofEncinitas, California ("City"), is a party to, and required, the execution and recording of the Agreement. City understands that Column Financial, Inc. ("Lender") intends to make a loan to Carter/Whitwer Enterprises, LLC ("Borrower") to be secured by the Project. In connection with the foregoing, City hereby certifies to, and agrees with, Lender as follows: 1. The Agreement is in full force and effect and has not been amended or changed. 2. All obligations and fees imposed upon the owner of the Project under the Agreement have been fully satisfied and/or paid. No pastf'Present or :I11tblre obligations, fees or ~ liabilities affecting the Project or the owner thereof remain, or ",ill b@Gsme, outstanding under the '/ffS Agreement. " /_ 1_.1_/2 -k>"-f'l...e II l?St . ~ """ ...iI~"""" 3. There is no existing default under the Agreement and~o event exists which, with the passage of time or the giving of notice, or both, would constitute a default under the Agreement by any party to the Agreement. 4. The undersigned is duly authorized and fully qualified to execute this instrument on behalf of the city, thereby binding City. January 23, 1998 (3:07pm) LOSOl:5521O.1 ~. '. , . . 1892 Column Financial Inc. Page 2 5. There are no other documents or agreements to which City and Borrower are a party which affect the Borrower and/or the Project. 6. City understands and acknowledges that you are about to make a loan to Borrower and receive as part of the security for such loan a Deed of Trust encumbering Borrower's fee interest in the Project and the rents, issues and profits therefrom (the "Mortgage") and that you (and persons or entities to whom the Mortgage may subsequently be assigned) are relying upon the representations and warranties contained herein in making such loan. 7. City acknowledges and agrees that Borrower and Lender shall be entitled to rely on City's certifications set forth herein. Address of City: 505 South Vulcan Avenue Encinitas,California 92024 CITY OF ENCINITAS, CALIFORNIA Attn: City Manager January 23, 1998 (3:07pm) LOSOl:5521O.1 "'.... "' ALL-PURPOSE ACKNOWLEDGEMENT 1893 State of California ) ) ) ss. County of San Diego On February 2, 1998, before me, Patricia Drew, Notary Public, appeared James F. Benson personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ~1r~ Patricia Drew, Notary Public My Commission Expires June 22, 2001 misc\ackn\MLW f~,:~.::...~~~~'I~I~'~'~~~"'i v;, . Comm.'11~7 ~ ~ ~ <<a NOTARY PUBllCCAltFORMA en l' , , SAN Il4EGO COUNTY ... ' ~.,,'., My Comm. Exp. June 22, 2001 ..... II.... .,... i....".' '.!~ t.,.... .1 SEAL