07-12-07 Samaan v Zernik (SC087400) LA Superior Court: Attorney David Pasternak's Ex Parte Application for Indemnity Agreement for Mara Escrow, for Gag Orders, for fraudulent Grant Deed and Tax Records s

1 II David J. Pasternak, Bar No.
72201
Receiver
2111875 Century Park East, Suite 2200
Los Angeles, California 90067-2523
31lTelephone: 310.553.1500
Facsimile: 310.553.1540
41IE-Mail: djp@paslaw.com
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF LOS ANGELES, WEST DISTRICT
10
1111NIVIE SAMAAN, an individual, CASE NO. SC 087 400
12 II Plaintiff, Hon. Patricia L. Collins
13 II vs. NOTICE OF RULING RE RECEIVER'S

EX PARTE APPLICATION FOR
14 II JOSEPH ZERNIK, an individual ISSUANCE OF ORDER:
and DOES 1 through 10,
15 II inclusive, (1) APPROVING ESCROW
DOCUMENTATION (INCLUDING
16 II Defendants. GRANT DEED) SIGNED AND
SUBMITTED TO ESCROW BY
17 RECEIVER;
(2) AUTHORIZING RECEIVER TO
18 SIGN AND SUBMIT TAX
DOCUMENTATION TO ESCROW;
19 (3) AUTHORIZING RECEIVER TO
ENTER INTO MARA ESCROW
20 COMPANY INDEMNITY
AGREEMENT; AND
21 (4) PROHIBITING DEFENDANT
JOSEPH ZERNIK FROM
22 COMMUNICATING DIRECTLY
WITH ESCROW, TITLE
23 INSURER, OR BUYER'S
LENDER
24
DATE: DECEMBER 7, 2007
25 TIME: 8:30 A.M.
DEPT. B
26
27 II On December 7, 2007 at approximately 11: 00 a.m., a hearing

2811was held in Department B of the above-entitled Court before the
Exh p 284
PASTERNAK,
PASTERNAK EXHIBITS VOL V - RECEIVERSHIP
W:\73235\Pleadings\Notice of Ruling Re Ex Parte 12-10-07.doc
&PATION
ZERNIK
NOTICE OF RULING RE V CONNOR
RECEIVER'S EX PARTE ET AL
APPLICATION FOR ISSUANCE OF ORDER:
1 II Honorable Patricia L. Collins, Judge presiding regarding the
21lReceiver's Ex Parte Application Tor the Issuance of an Order (1)
3 II Approving the escrow documentation (including grant deed) signed
411and submitted to escrow by the Receiver; (2) Authorizing the
511Receiver to sign and submit tax documentation to escrow so as to

611 avoid withholding of sale proceeds; (3) Authorizing the Receiver
711to enter into an Indemnity Agreement with Mara Escrow Company;
811and (4) Prohibiting Defendant Joseph Zernik from corr~unicating
911directly with Mara Escrow Company, United Title Insurance
10 II Company, United Title Company, and Washington Mutual regarding
1111the sale of the receivership real property and related matters.
1211 Defendant Joseph Zernik, Receiver David J. Pasternak,
13 II Richard Ormond of Buchalter Nemer specially appeared on behalf of
14 II interested party Mara Escrow, Inc., and Moe Keshavarzi of
15 II Sheppard, Mullin, Richter & Hampton appeared by telephone on
1611behalf of Plaintiff Nivie Samaan.
1711 Upon considering the Receiver's Ex Parte Application, the
18 II supporting Declaration of David J. Pasternak and all exhibits

1911attached thereto, all of the pleadings and other documents in the
201lCourt's file for this case, and all other oral and documentary
21 II evidence presented to the Court in connection with the Receiver's
22 II Ex Parte Application, the Court issued the attached Ex Parte
23110rder which was served on Defendant Joseph Zernik in the
24 II courtroom immediately after the hearing.
25
26
DATED: Q~ Itl.&A)vl tW,~~~ _ _
27 David J. Pasternak
Receiver
28
Exh p 285 EXHIBITS VOL V - RECEIVERSHIP
W:\73235\Pleadings\Notice of Ruling Re Ex Parte 12-10-07.doc
2
NOTICE OF RULING ZERNIK V CONNOR
RE RECEIVER'S EX PARTEET AL
APPLICATION FOR ISSUANCE OF ORDER:
ZERNIK V CONNOR ET AL
""
I, . V-,. I lIn \",I IV '- I I VV"V

L~vw DC'C~LT n~LL~
~VVllVV"
111 David J. Pasterr1::1k, Bar N:J. 72201
Receiver
2111875 century ~ark Cast, Suite 2200
Los Angeles, Califor~ia 90067-2523
31lTelephone: 310.553.1500 CONl'''''OR1\'!, r. l COpy

OF OR Ie'··; , ;-1'~ED
Facsimile: 310.553.1540 Los Angel!'" :., .." -v Conn
41IE-Mail: djp@paslaw.com
5 DEC 07 Z001
John A. Clarke. ExecuDve Officer/Clelk
6
BY- ,Depu
7
~~c~1~O
\)t.~ 1~~1
(l
SUPERIOR COURT OF THE STATE OF CALIFORNIA
ot 1~ COUNTY OF LOS ANGELES, WEST DISTRICT
10
I111N1VIE SKMAAN, an individual, CASE NO. SC 087 400
12 Plainti if, Hon. Lisa Bart Cole
13 II vs. "_.IIil~X PARTE ORDER:

(1) APPR.OVING ESCROW
1411J8SCPH ZERNIK, an individual DOCUMENTATION (INCLUDING
and DOES 1 through 10, GRANT DEED) SIGNED AND
15/1 inc':"usive, SUBMITTED TO ESCROW BY
RECEIVER;
16 Defenc.ants. (2) AUTHORIZING RECEIVER TO
SIGN AND SUBMIT TAX
17 DOCUMENTATION TO ESCROW;
18
COMPANY INDEMNITY
19 AGREEMENT; AND
(4) PROH!BI'1'n~G DEFEND.M:T

20 JOSEPH ~ERNIK FROM
COMMUNICATING n~RECTLY
21 WITH ESCROW, TITLE
INSURER, OR BUYER'S
22 LENDER
23 DATE: DECEMBER 7, 2007
TIME: 8:30 A.M.
24 DEPT. X
25
The Court having considered the Ex ParLe Appl.ication of
26
Receiver David J. Pasternak for the issuance of an Order: (1)
27
App~ovjng the escro~ documentation (including grant deed) sisned
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ii: \ 7323 5 \L·lc"d~fIt)!. \>.",ce':' ver' sExPclo r\.eOrduil2. 1
PA$'Ti'RNAK. joe
PAS 1t:RI'IAK
Exh&p 287
PATTON
III 'Ul EX EXHIBITS
PARTE ORDPR VOL V - RECEIVERSHIP
:~; APPROVING eSCROW ~OCJM£NT~rTON (INCLUC1~C eRr.NT
)~F:D) SI3NED AND SnOMITTEL '10 ESCROW BY RECF.TVF.R, ETC.
, ... , V " " ' .... VI II V .. Irtl\ ,jlV '-II .;;J..:t .. "
L~~v C~Vt~LT M!LL~
~ un/UG:3
,1
llland submitted to escrow by the Receive=; (2) Authorizing the

211Receiver to sign and submit tax documentation to escrow so as to
311avoid withhold~ng of sale proceeds; (3) AUlh8rizing ~he Receiver
411to enter into an Indemr.ity Agreerne~t with Mara Escrow Compuny;
Slland (4) Prohibi:.ing :JefendanL Joseph Zernik from communicating
611 dirEctly with Mara Escrow Company, lln:"teci. Title Insurance
71lCompany, United Title Company, and Washir.gton Mutual regarcing
811the sale of the receivership real property and related matte~s;
911the supporti~g Dec~aration of David J. Fasternak and all attached

101lexhlbits; all of the pleadings and others documents in the
111lCourt's file for this case; and all other oral and documentary
1211evidence presented to the Court in connection with the Rece~ver's
1311Ex Parte Application; and qood cau~e appearing therefor;

1411 1'1' IS HERF.BY O::<.DERED that:
15 1. All of the documentatio~ (~ncluding the Grant Deed)

1611identified and/or attached to the Feceiver's ex parte
171lapplication, which has been or is going to he, signed and
18 II submitted to Mara Escrow Company, for its escrow file Numbe~
191113450D-LC (the ~EscrowH) by the Receiver, is hereby approved;
20 ')
"- . T~e R€ceiver lS authori7.ed to siqn a~d complete the tax
21 II documentation attached tc the Receiver's Ex Parte Application as
2211~xh~bit 4 and to s~bmit that doc~mentation to Escrow;

23 3. The Receiver is authorized to enter into the requested
24 II Indemnification Agreenent with Mara Escrow Company and PlaL~tiff
2511Nivle Samaani
26 4. ExcepL for returning documenls that he is asked to sign
2711and return, Defendant Joseph Zernik is hereby restrained and
26
Exh p 288 .J
~;\732J5\Pltadings\R~c~~~~r'~EX~.:"QOrdcrf'.
(1oe
EX EXHIBITS
PART I:: ORDER VOL
~:SD) ZERNIK
~l~NED
-( V - RECEIVERSHIP
APPROVTNG
ANDVSUBMITTF8
CONNOR
f:
TO ET
2
ESCROW ~OCUMENr1\rr8N (TN(;LtJL:ING GRANT
AL BY RECEIVER, E~r.,
ESC~OW
, _ ( y , / C o . ....· v . Il.Y"" In,., vlV t:.11 vurat" L~~~ ~tVt~LY H!LL~ ~ OU;J/UU:J
lllprohibi:-ed ~rorn communicating with Mara ~scrow Company, United

2l1T~tle :;:nsurance Company, U~ited Title Company, ftJashington Mutual,
31land all ~f their respective ernplcyee5, officers, directors, and
41lrepre::enLatives about this laWslit, lIle :<.eceivership Rp.al
5 II Property, the Receive=, the Plaintiff, and/or th~ sale of ~he
61lReceiver~hip Property commonly known as 32C South Peck Drive,

711Beverly Bills, California 90212. If Ce[endant woseph Zernik
allwants to 2on®unicate with any of those persons or entl~ies abou~
911any of the specified natters, he shall forward such communication

lollin writinq to the Receiver, who shall then fo=ward s~ch
-~ -4y \--0 t'"U- ~ ~,9. _ (;J) 1\) ~ l ~
1111 communication~ to the speci f ied recipient; onl)' if the Receiver
121ldete=mines that it is appropriate to do SOi and

13 5. Notice of the Receiver's Ex Parte Application Wc.$
~ {l dl-....... ~ ia-< .~ <Y'- oZ~~1::

14 II proper.
IS II .:..
16 II ~ dL~M - h-Ut;~._·-) /~ . ·~-- ~~ c..<.fl.......
DATED: 76· . . . 0 / ., <J

1711 11..- 7 -0, '. .. I" l.,-Z-
Pt"'"-k-r"1 l:-< ...:..... )... c;,If ,-... ,'"
Super lor Court Judge
18 MTRIClA L COLltlfS
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\II: \ i r.
32.i ~ \ P I ':'·,d.ing,> \Receiver' 31;y.Far:~Ot'(ll; Z• 3
dne:
Exh p 289 rFROPOSED J EXHIBITS
EX PAR'~'~ ORDER VOL V - RECEIVERSHIP
(1) APPROVTNG ;;SCR,Oi<l DOCUMENTATLON (IKCLUDING C,RAN'T
DEE;D) SIGNED AND SUmv,T'T1'F.:D TO ESCROW BY RECE: V~R, ETC.
1 PROOF OF SERVICE
2 II STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 II I am employed in the County of Los Angeles, State of California. I am over the age of
eighteen years and not a party to the within action; my business address is 1875 Century Park
4 II East, Suite 2200, Los Angeles, California 90067-2523.
5 II On December 10,2007, I served the foregoing document described as NOTICE OF

RULING RE RECEIVER'S EX PARTE APPLICATION FOR ISSUANCE OF ORDER:
6
(1) APPROVING ESCROW DOCUMENTATION (INCLUDING GRANT DEED)
7 SIGNED AND SUBMITTED TO ESCROW BY RECEIVER;
(2) AUTHORIZING RECEIVER TO SIGN AND SUBMIT TAX
8 DOCUMENTATION TO ESCROW;
(3) AUTHORIZING RECEIVER TO ENTER INTO MARA ESCROW COMPANY
9 INDEMNITY AGREEMENT; AND
(4) PROHIBITING DEFENDANT JOSEPH ZERNIK FROM COMMUNICATING
10 DIRECTLY WITH ESCROW, TITLE INSURER, OR BUYER'S LENDER
11 lion all interested parties in this action by placing true copies thereof enclosed in sealed envelopes
addressed as follows:
12 SEE ATTACHED LIST
13 l!J BY MAIL: I caused such envelope to be deposited in the mail at Los Angeles, California.
The en-;elope was mailed with postage thereon fully prepaid. I am "readily familiar" with
14 this firm's practice of collection and processing correspondence for mailing. It is
deposited with the u.s. Postal Service on that same day in the ordinary course of business.
15 I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than I day after date of deposit for mailing
16 in affidavit.
17110 BY FACSIMILE: At or before 5:00 p.m., I caused said document(s) to be transmitted by

facsimile. The telephone number of the sending facsimile machine was (310) 553-1540.
18 The name(s) and facsimile machine telephone number(s) of the person(s) served are set
forth in the service list. The document was transmitted by facsimile transmission, and the
19 sending facsimile machine properly issued a transmission report confirming that the
transmission was complete and without error.
20
"
0 BY OVERNIGHT DELIVERY: I deposited such document(s) in a box or other facility
21 regularly maintained by the overnight service carrier, or delivered such document(s) to a
courier or driver authorized by the overnight service carrier to receive documents, in an
22 envelope or package designated by the overnight service carrier with delivery fees paid or
provided for, addressed to the person(s) being served.
23
"
0 BY PERSONAL SERVICE: I delivered such envelope(s) by hand to the office of the
24 person(s) being served.
25 0 BY PERSONAL SERVICE: I personally delivered such envelope(s) directly to the

person(s) being served.
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/II
27 "
/II
"
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Exh p 290
PASTERNAK,
PASTERNAK EXHIBITS VOL V - RECEIVERSHIP
W:\73235\Pleadings\Proof of ServiceZERNIK V CONNOR ET AL
& PATTON
LKS 11-28-07.doc
1
2 II I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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Executed ou December 10,2007, at ~ ~
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Exh p 291
PASTERNAK,
EXHIBITS VOL V - RECEIVERSHIP
PASTERNAK ZERNIK V CONNOR ET AL
& PATTON 2
W:\73235\Pleadings\Proof of Service LKS jj·28·07.doc
1 Nivie Samaan v. Joseph Zernik, etc., et al.
Los Angeles County Superior Court Case No. SC 087400
2
Service List
3
4 John W. Amberg, Esq. Counsel for Non-Party.
Jenna Moldawsky, Esq. Countrywide Home Loans, Inc.
5 Bryan Cave LLP
120 Broadway, Suite 300
6 Santa Monica, CA 90401-2386
Telephone: 310.576.2100
7
Facsimile: 310.576.2200
8
Sanford Shatz, Esq. Counsel for Non-Party,
9 Todd A. Boock, Esq. Countrywide Home Loans, Inc.
Countrywide Home Loans, Inc.
10 5220 Las Virgenes Road, MS: AC-ll
Calabasas, CA 91302
11
Telephone: 818.871.6045
12 Facsimile: 818.871.4669
13 Joseph Zemik Defendant in Pro Per
In Pro Per
14 2415 Saint George Street
Los Feliz, CA 90027
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PASTERNAK,
PASTERNAK
&PATION W:\73235\Pleadings\Proof of Service LKS \\·28-07,doc 3
1118avid J. Paster~ak, Bar ~o. 72201
Receiver
2111375 Century Pa~k East, Suite 2200 »//
Los Angeles, Ca~ifornia 90067-2523
311':'elep!'"'.cne: 310.553.1500 FILED/-
Los ,\.\'CELES ';LPERIOR Cor;RT
Facsimile: 310.553.1540
41IE-jvluil: djp@paslaw.ccIf,
DEC 0 7 2007
5
JO~.AtfLAAK~1 :I.ERK
6 BY ERIN !=l'4~ oS:",un"
9 COUNTY OF LOS ANGELES, WEST DISTRICT
10
1111NIVIE SAMAAN, an individcal, CASE NO. SC 087 400
12 II ?laintiff, Hon. Lisa Hart Cole
13 II vs. RECEIVER S EX PARTE APPLICATION

1
FOR ISSUANCE OF ORDER:

14 IIJCSEPH ZERNIK, an indivirlual (1) APPROVING ESCROW
and DOES 1 through 10, DOCUMENTATION (INCLUDING
1511 inclusive, GRANT DEED) SIGNED AND
SUBMITTED TO ESCROW BY
16 II Defendants. RECEIVER;
17 SIGN AND SUBMIT TAX
DOCUMENTATION TO ESCROW;
18 (3) AUTHORIZING RECEIVER TO
19 COMPANY INDEMNITY
AGREEMENT; AND
20 (4) PROHIBITING DEFENDANT
JOSEPH ZERNIK FROM
21 COMMUNICATING DIRECTLY
WITH ESCROW, TITLE
22 INSURER, OR BUYER'S
LENDER;
23 DECLARATION OF DAVID J.
PASTERNAK
24
DATE: DECEMBER 7, 2007
25 TIME : 8:30 A.M.
DEPT. X
26
27
2 8 II ',';: " 3' ~ > ,,', ~ :, " s \ ~ '": ~ ;- v , >: :: " : ~ ',c'L : ~ c,:, ~ : 1
PASTERNAK
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Exh p 294 EXHIBITS VOL V - RECEIVERSHIP 2-7:=,~\!~-=~~:==
PASTERNAK ,~
& PATION ">~~\l.~~·~C:~ ,I =~~~=-~_~>=L~ ~?,;..~: =::=E=~ -',', '::,-'

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1 Receiver ~avid J. Pasternak hereby app~ies ex parte for the
211~ssuance of an Order: (l) Approving ~he escrow dOCumentation
3 II (inclcldir.:j qrant deed) sigr:.ed and suomi tted to escro'li by tr.e
411 Receiver; (2) Authorizing the Receiver to sign and sc.bmi~ tax
51/documentation to escrow so as to avoid withholding of sale
6 II proceeds; (3) Author i z i:J.q ~he Rece i ver to en ~e r in to an I ndemni ty
7 II Agreemen t "II i th Nara Escrow Company; and (4) P reh ibi t ing De fendant
811Joseph Zernik from communicating directly with Mara Escrow
9 II Company, United Title =nsurance Company, United Title Company,
10 [land Washington Nutual regarding the sale of the receivershio real
11 II property and related matters.
12 II This ex parte applicaticn is made on the qrounds that the
13 II Receiver was appointed to close the pending escrow for the sale
14110£ the Receivership Property by Defendant Joseph Zernik to
151lP~aintiff as soon as possible; that the Receiver has signed (and
1611expects to sign) other necessary documentation in order to close
1711the escrow (including the grant deed); that the Receiver needs to
1811sign escrow tax documents in order to avoid having approximately
1911$250,000 of sale proceeds paid to state and federal taxing
20 II authorities as withholding; that Zernik's communications to Mara
2111Escrow have necessitated the proposed Indemnity Agreement in
22110rder ~e clese this escrew; and that based en his prior conduct,
231lthe Receiver fears that unless Zernik is restra~ned from further
24 CC~LLT(i.l:--l'=-,'=a:='ir-'lg Ttlith ~[. e escr:;,r.Jll :--. older, t:-le ~ . .: +- - --

L..l-.~..l-.e =c~rpa~ y~ . , ?!r.::i tr,e
25 bujer':3 lJ?;.jer, further ccmplicatio~s >Jil1. ens~e

+- ',...., -, ......
_l~et '- 'ti=-~J- ,aeJ-ay:,
2611seriolislj ~eopardize, an::i/cr prevent this escro~ frcre ~Lcs~nq.
27 ~his ex parte application is based on the attached
28 II ":i: ~ J':~~~ ?e=e~ ~t~:~x?~rt~~o~_,;~~2
" i,"_
~L -=~=-;~;_1 S [/: Fj..""?~t: .:'..?PL=C,:"T=C~'J FOR ~~.3~~;:.~JC2: =::- ~;=E? l-:.?t::;,CT,:-.L~~~ ~:=)~;.C:~\-
Exh p 295 EXHIBITS
[·C-~·~-~~j~C=~~:P..T-=~~ VOL
~ =~;,,~=--~'=:I::G V - ~~EE~i
r~?}:.~~~~ RECEIVERSHIP
2-=~LE=- ;_>:2 ,--.- ~:JI=~'~~= ~-= E~(~?'j:'J ~.~"
C? =A-,'~~ J.
?~,=E=\-;~, ~~=.; ~i=~A?AT~C~ ~~S~~?~:~~
111Declaraticn of David J. Pasternak, all of t~e pleadings and
2 Ilo~~ers doc~ments in the Court's file for t~is case, and SJch
31lother and further oral and documentary evidence as may be
4 Ilpresented to the Court at or in connection with the ex parte
511hearing of this application.

'\
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II D.Z\.TED: December 6, 2007
J '\--J(\ ), • C(,J'N\
8
David J. Pasternak
Receiver
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Exh p 296 ~~Cj~r]>1:=~~I;'.'="-::0J EXHIBITS
I~~=~CC=:\:~ VOL V -~',~:t:s
'~?;..n,=, RECEIVERSHIP
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ZERNIK
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CONNOR ETr AL =-;'.'/=~ :.::.5 =-~?;~L:'-L~-<
1 DECLARATION OF DAVID J. PASTERNAK
2 ~ , David J. Paster~ak, declare as follows:
3 T have personal knowledge ~.f=

v .... :'he facts set forth
411hereiG, and if called upon as a witness to testify thereto, I
511cculd a~d wculd competently and truthfu~ly do so.
6 2. 8n or about November 9, 2007, Los Angeles Supericr
711Court Judge John A. Segal issued an Order appointing me as
8 llReceiver herein (the "Receivership Order"), a true and correct
911copy of which is attached hereto as Exhibit 1. The Receivership
10 IIOrder directs me tc take possession of the real property located
1111 at 320 South Peck Drive, Beverly Hills, California 90212 (the
12 II "Recei vership Property") [Paragraph 3. b. of the Receivership
13 Il0rder], "to take all necessary steps to sell the [Receivership]
14 II Property to [Plaintiff] through the reactivated Escrow No. 1
151134S00-GH (the "Escrow") at Mara Escrow Co." [Paragraph 3.g. of
1611the Receivership Order], and to sign escrow documents for
17 II Defendant Joseph Zernik if he fails to do so within three
1811business days after the escrow holder submits them to Zernik for
1911signature [Paragraph 3.h. of the Receivership Order].
20 3. On or about November 13, 2007, I posted my bond and
2111filed my catn and began serving as the Receiver in this matter.
22 4. = expect Escrow to close next week if the Ccurt grants
2311the ex parte Crders that ~ am now requesting. I i",a'le ce er.

241Ii~=~r~ej cy Piair~~:f's c~unsel ~Gat his c~ien~ ~as a f~~a~ci0g
251lcc~Kitxent fer the purchase of the ~eceivership 2rcperty that
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Exh p 297 C~l~" :~l~::~;:'.TIC:·: EXHIBITS VOL
',Ir~:L:;S=:~G V - SF.?:
~S.:'.\'=' RECEIVERSHIP S=(:;~\i~=, J=.+~':C .3._-~:-~::~-=-:::: '~~ £2 ,=?\~-::~'.; 2'~'
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ZERNIK
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CONNOR ET AL P.:'.S:S.?,L;'_~
111will expire In mid December, and that the financing corrmitment
2 Ilcan not be extended at its current favorable rate 0: interest.
3 s. Cn or aboet November 14, 200 7 , I sent a letter to
411Zernik informing him that ~ had qualified for my appointment as
5 IIReceiver and that I had taken possession, cestody and control of
611the Receivership Property. In that letter, I also asked Zernik
7 lito vacate the Receivership Property by the close of business on
81lMonday, November 19, 2007, and that if he did not do so, I would
9 II appear on Wednesday, November 21, 2007 for the hearing of my ex
101lparte application for the issuance of an order (1) Ordering
11 II Defendant Joseph Zernik and all other occupants to immediately
12 [lvacate the Receivership Property and directing the ~os Angeles
13 II County Sheriff's Department to enforce that order in the same
1411manner as they enforce a writ of execution issued after an
15 Ilunlawful detainer judgment, or alternatively (2) Authorizing me
1611to file an unlawful detainer lawsuit to evict Defendant Joseph
17 IIZernik and all other occupants from the Receivership Property.
18 6. After Zernik failed to respond to my inquiries about
1911whether he had vacated the Receivership Property, and
201lcoITIDunicated a last minute equivocal response, I filed the
2111referenced ex parte application and appeared for the ~lovember 21,
22112007 tearing. At the hearing, Zernik informed me and the Ccurt
2311that he had vacated the Receivership Property a few days earlier.
24 ,'=r~ t~J.e afterr,.cc~ of ~Jc\lef:"lber 21, 2: , := :--. ad ~~e l:JCKS
25/lctanged and tcok possession of the ~eceivership ?roperty.
26
27
ii: " :.'->-t==- ;]=--:-.]2 ?,PC,:"'=--TIP: I :=:<?G-:::-:i=~:'lc-_'-~~::-.:f:= c::
'-'
28 II .~(; - ..:: ' ?~,.:.~ -::'~';~ \F-?=.=.-.:- ,-.::,.: 1 "-::E.-:?,-;,:t:c~'-:':::''''::'
::n.tt~. =:.-::"':"
?~~~=;~~lS EX ?ART~ A?~~I=A~ICN ?G? ISSCA~:E ~~ C;=E~ :-:'.?::;,C~v~=:~G ::::S'=?<:-::~~j'

Exh p 298 LC::·~>~==:~T;.~~ I '-'EXHIBITS
~~ VOL
(.= ::C=-. r..,·: ~ :~~ V - ~~E
I:;PP\.. ~~~ RECEIVERSHIP
=- ,3:= ~,,~~ =. ~..:.~:" .~ -~-~>::= :-=-~ =., ~2:~?~~T/: cv
? E'--"~ =: ~.~~ F, ::=~C ; :E~'=:::'.h?,p,:r :.- t·: ~? :=-'.2.:..-: =~ .
~ .~ .3 ~ ~?,~:'::.L<
1 [I Approval of Escrow Documents (Including Grant Deed) Signed and
2 [[Submitted To Escrow By Receiver
3 s. Cn or about Friday, Noveffiber :6, 2JO~, I received final
4 II Escrew docuIT,ents by email frem Mara EscrYd COIT"pany ("fv1ara
5 II Escr:Jw") . I was infermed and believe that those escrew documents
611also Nere ~ra~s~itted at ~he saffiE time to Zernik and Plaintiff
7 II for their signature. Cn Monday, November 19, 2007, I received
811the "hard" copies of those final escrow documents from Mara
9 II Escrow. After I was informed that Zernik had not submitted those
10 II signed documents to Escrow, I signed them on or about November
111127, 2007, and submitted them to Escrow. True and correct copies
12 Ilof those documents, which include a notarized grant deed, are
1311collectively attached hereto as Exhibit 2.
14 9. Cn Monday, December 3, 2007, I received two payoff
15 II demands by current lienholders against the Receivership Property
1611from Escrow, requiring signature approval by the seller for
1711payment at close of Escrow, true and correct copies of which are
1811collectively attached hereto as Exhibit 3. I am informed and
1911believe that Escrow also transmitted these two payoff demands to
201lZernik fer his signature on the same date. If Escrow does not
21 Ilreceive the signed payoff demands from Zernik by the end of the
22 Iiday teday, = intend to sign them and subffiit t~em to Sscrew
23 II to:T,cr r:J'd .?r iday, :::;ecember 7, 200"7 i •
24 II Tax Withholding Escrow Documentation
25 ~~e dcc~~e~ta~icn tra~s~it~ej to ~e a~d Zer~ik by Mara

261lEscrcN in mid-No7ember incl~des ~te tax withholding documentation
27
',';: ' _ ·-:.;'=::"~.i::::: ~'''>--' ·~":-'.-,':::Z~,-1:::--'':'<V:'-~-':::''''.4=-
E
281\ . "lee'I,: -:~~' F~pc:1~:_r: TS ?7'C~::...-;{::::-I:~:::;,.::c.::?' ~':C~
-.=:~ . .:; _ • ~ -J ,~.
~_:::=t==TJ:=? I 2 ~Z ?;.?~:= ;'~?-?~=>~~::-,~=Ct~ tS~: =SS~j~~~ncc:: ::? C;:,r:S .L._::FS.C~/-=~~'~ E.s~?/~'iJ

Exh p 299 =r~,~.== l\J~;:',~= '~:t~ EXHIBITS = VOL V - RECEIVERSHIP
:= ~,r= :.J; ~ ~~~~ ~ :?,_;..\ ~ =:'E:E =- , S :::: '~l::= ~ r.>.':= ..=: ~-'~ 3>~:= 1 ~::-" l ~::: y
~ ~ C ;.':~~,\-; ::
~? =~_.;== '--'
ZERNIK
S:E>~~::::',,~~?, ET'~.;
V=,:=C~AS~~~=-C:~'J
CONNOR ET AL ?:'. .3~:=?>;~;:~
11Icol~ective~y attached hereto as EXr.lbit 4. To date, I ~ave ~ot
2 Ilccmpleted ttat docume~taticn, and I am ~uformed ar.d celieve that
311~ara Escrow tas not received ttat co~pleted tax doc~meu~atlon
411from Zernik.
5 :1. If the documentation attacted ~ereto as Exhibit 4 is
611~ot oompleted aud subffiitted to Escrow, 13.33% of the sale
7 II proceeds will be transmitted to the IRS and the California
811Franchise Tax Board as withholding. I am informed and believe
911that will total approximately $250,000, and represent
10 II approximately 25 of t~e sale proceeds due to Zernik from this
11 Ilsale transaction (after payiug the existing liens anG costs of
12 II sale) .
13 12. The Receivership Order provides ttat the net sale
14 II proceeds due ~o Zernik are to be paid to me from Escrow. I
lSllanticipate that those funds will be necessary to pay the
16 II receivership costs of administration, as well as various claims
1711that are asserted by Plaintiff (and claims which may oe asserted
1811by others as the result of this litigation and sale) .
19 II 13. I f the tax withholding funds are paid to the taxing
201lagencies, I do not know if the funds that I receive will be
2111adequate to pay all of the costs of admi~istraticn of this
2211~eceivership and tte claims asserted by Plaintiff (and o~aims
2311wtict ~ay ce asserted by etters as the res~:~ of this iitigation

2411a[;d S3-,-E:.
25 --L '-i • - 3ffi iDfc~ffied aDd be~iE:ve ~t3t ZE:~~l~ reffialns a
26 res i-,:::1el. ~ ~+'

the State oE Califcr~ia a fte r r,e ',' a:::a ted Lr,e
27
",';: --:~~~~\.t-~7"'---:r.:::i_:-:"F F~:,,=,_~":'-T:r::·::'"~i:':>:F'a:-:"::~::.1r::-lG:-.#'::: --,
I
28 II . :,::.<: ": '0.' ?~,- ~:-::L ?">'_'.~: '.-;c:.::~:.t':':(.~~
~ I. =t __ • ,.:::=,.-.
G:= L -= T.,,'1::;, 'S ~:< ~ <-;RT E:. ;'.:::- ~:= ,:,:;r: -~ '~r: ?C:K := SS ~~;.'"~~ ~=E C ~ ":;=::::?, ;..? F ?C>/= ~~G ~S ,~~?C;~"J
Exh p 300 EXHIBITS VOL V -DE~C
RECEIVERSHIP
:<'
=>=:,=T~~~<:::~~l.2.·~'=c~; '-=~'~CLr'=::::\G :;;;.~t'::' S ~r"'~~? __ ~:=[ S-~'2>~-=-=--=-~= ~"" :::.~ ~?CC/; :?-'::'
ZERNIK
?E:/=~::::T,'EE, ~-=':.;
VCE·==-'""::'.Fj:_71>~~,:
CONNOR ET? AL =~:"-,-;J ~'. :;;'. .s~ES~;;'.?\
1 II Receivership Property a few weeks ago, t~at the Receivership
211?roperty was Zcrnik's pri~cipal place ef residence, a~d that
31lZerni~ is ~ct a fcreign persen. Acccrdi~gly, I believe that
411Zernik qualifies to avoid both the federal and state tax
Sllwithhelding for this sale ~ransaction.
6 II Mara Escrow Indemnity Agreement:
7 15. O~ Tuesday morning, l';ovember ro, r,

L. u' , 2C07, Zernik and I had
811an email exchange, a true and correct cepy of which is attached
911hereto as Exhibit S, in which, among other things, Zernik
101linstructerl Mara Escrow to cancel the Escrow and references
11 II "outrageous conduct" by a tJ:ara Escrow officer. I responded,
12 Ilarrong other things, that Zernik does not have the authority to
1311cancel the Escrow.
14 16. On Monday, December 3, 2007, I received a package of
1511documents by messenger from Zernik, true and correct copies of
1611which are collectively attached hereto as Exhibit 6. I also
17 Ilreceived those documents by email from Zernik on or about
1811November 30, 2007. The e~ails and hard documents reflect
1911transmittals to ~ara Escrow as well.
20 17. As the result of these communications, I have had a
21 Iiseries ~f cerrmunicatio~s with counsel for Mara Escrow, who has
22 Ilinfermed ~e that Mara Escrow requires an Indemnificati n
231IAgree~e~~ to be signea by me in my capacity as Receiver and oy
241IP:a~~~iff i~ crder ~Gr t~e~ ~c p~GcEed ~~~~ ch~s ~raGsac~~cn as
2511Escrow hc:der. A ~~Ge an~ ,=cr~e(:t ccpy ~f ~he rrcpcsed

261lIndemni~icaticn Agree~ent is attacted ~eretc as Exhibi~ 7
27
'~~ : ~--- \~f' ':f- _ -,-:' ":::::::-.~:":::::·-\<";'::>':::-:....c:_:t._
' I
3
28 II . l : ' t. : .~ ~j~~.,lS ?f--;~-:"·:,.:.:rl...):::Z:r-n::::::r:>~r::-_
'=:~.:f:= . 'J.C::
~~,r.:==\?==?" '-' 2.,:< t?;:.;~?: F.?::~=C~:":=':=,\J F'.r~?, .=SS~_-;:..~~r=r= ,~::- ,=:'?=:.:=?, ~::.?~C<::'-l-=~J(:; ~.:::,"--'P8:~~
Exh p 301 --'nr-.--~'~~·~.';"l-=c~,J EXHIBITS
'=t;:=,~'=:T\J~VOL V -=::~~=:
I,:;;~~~~ RECEIVERSHIP
s: ~::~~ .=..~:= .::'~~~.~-=~~L::=- ~,r- ~.:::~_'?(':: ~y
?r=,=,~=~:~;, ~-=-~=.; ~~C~;"_?~.-~~(_~T ~~? .,:--~/--=~ ?;:.s-=-c::?,~~;.~
1 ~E. I have bee~ ~nformed and be:ieve that in light of the
2 IIhistory cf this action and the conduct of Sefendant Zernick and
3 Ilhis continuing threats and attempts to interfere in the orderly
4 llsale of the Receivers~ip Property, that the terms of the proposed
5 II Indemnification Agreement are reasonab~e and are acceptable to
6 II Pla:ntiff. It a~so is acceptable to me as Rece:ver. Among other
71lthings, that Indemnification Agreement provides that solely In my
8 Ilcapacity as Receiver, I agree to reimburse Mara Escrow for all
911expenses incurred (including its reasonable attorney's fees)
101lregarding the negotiations leading up to and the execution of the
11 II Indemnification Agreement, as well as any such expenses incurred
12 [lin the close of Escrow or subsequently arising out of the close
13 II of Escrow. The Indemnification Agreement also provides that
1411Plaintiff and I (again only in my capacity as Receiver), will
1511defend and indemnify Mara Escrow from and against any claims,
16 II demands or liabilities (including attorneys' fees), asserted by
171lZernik, the title company or the Plaintiff's lender, or their
18 II respective successors and assigns, arising out of or related to
1911Mara Escrow serving as Escrow agent in connection with this
201lEscrow or the close of Escrow upon the written instructions of
211land utilizing documents executed by me and Plaintiff as
22 Ilauthcrizea by the Judgment and the Receivership Grder in this
23 II case.
24
25
26
27
'"0"1" : \ - ~~,1_:- J..:; \ ;'-:' _ _-_~:.:~ -:::.'::-=-E-:'~(;-= ~ ~:t
9
28 II .: :,-',; \ -~'" ~~ :_~,JS ?'c:",~ -,-~' ":>.?n:~~~lcc:"
-:-.4_ . -" _'-

?SC~~\'~F'2 EX F~~:~ AF?~=:~~=C~ ~GR ~SSJA~:~ C? C?:~R _, ~?P~O'J=~:~ ~SCFC~
Exh p 302 ~C'·--·-~<E~\~T.;r:=C-~: EXHIBITS VOL
\ =:::lr¥-==l::; V -i:,E~C<
~~~~.\: RECEIVERSHIPS=(~:~E[: ;..~:~ 3-/-?tv,:~~--,:,r -=-i~ ~2r'?r',/; ::<~:
?~'=:::-=~,,-:::?', E~:.; =~':l~;'.?j:.. ~I:=:~J ':;? =;..-/== ~.
ZERNIK V CONNOR ET AL ::I-_~~·~:::R~~.::'.~
1 II Restraining Zernik From Further Communications With Mara, the
2 II Title Company, and Plaintiff's Lender
3 ~ 9. Zernik has consistently ~hrea:ened and intimidated
4 Ilindivicuals and entities involved with ~his litigation and
5 II transaction. I received a stream of threatening emails from him
61lbefore I was appointed as the Rece~ver in this matter. Among
7 Ilother things, Zernik asked fer the iden~ity of my malpractice
8l1carrier, which is an inquiry he has renewed since my appointment
911as Receiver. My predecessor, a former President of the
10 II California Judges Association, resigned. I am informed and
1111believe that a number of Judges recused themselves from hearing
12 Iithis case after similar threats were Made to them. A non-party
1311lender (Countrywide HOMe Loans, Inc.) has obtained an order in
1411 tl'-'.is matter restraining Zernik from communicating with its senior
15110fficers, and has a pending motion for monetary sanctions against
1611Zernik for violating that order, alleging among other things that
17 IIZernik has communica~ed with the Rabbi of the temp~e of one of
18 Ilits senior officers.
19 20. Zernik's communications with Mara Escrow necessitates
20 lithe requested Indemnity Agreement.
21 ') l~
L.. •
~
HCC0r d"lncJLy, in order to timely ciose this Escrow
22 II~it~c~t ~urther disr~ption, I am requesting the issJance of an
2311 cuier ~hat ·tIi:: prohibit Zer:--.ik from comrr,~~nicatir.:j d.irectly 'tIith
2411~ar3 ::"scrc'tI, t~.e tiL:.e corr:pa:-::/ and ins:J.rer·~ni,=ed ~it~e
2511 Insurance Companj and United ~itle Companj;, and/or Plaintiff's
26111ender IXashington ~utual) atout ttis tra~s3ction and related
27
h: ~-'_t ~:':':-.\;: _·CI·.:.··(-::J_:E:'::::-l::.tr::<,:-::.:-(:~.::t: 1 (\
~ V
28
. _~'_ \:'l~: \ -3.~ ' j::...:-. - s' ?p -.>':- ',-12 ~
'C". I ':: :>:~r.:: - ,~rv:,.:, f.':"
·:r;~:. ~~=
?~::E:IC/:::?_'2 ~:< ?;d\-=:'~ .:',.??~=,=h.-=,~C;t: =53~;:'Jj=E c::' =?,=~:; ..:..~?;:~,--=~1-:; E.:3~?_8rlj

Exh p 303 EXHIBITS VOL V -=:::::==.:' RECEIVERSHIP
?C:?
=C=~_~t"1?,~J~~.:-="'~ :=~-;'-'==--~;C=:~'~ 2~-,~~~~-=' SJ::-~t~~S ;:'.~l: 8C~2>:=~'~2r-: -- ~.::;("S_C~".] 3':"
ZERNIK
2.2: ~== -= 'j':'-~., S ~;-' ; V=', CONNOR
E:~~~:;?_;'. T I
ET:? AL=h~;:= ~. ?A3~~;~0hK
1 Ilma~~ers, except for permitting him to return any documents that
2 II~ara Escrow asks him to sign. Any cC:lunt.;ni=ati::::ns that he wants
311to transmit to any of these entities should be forwarded oy
4 IIZern~k t:::: me, and if I believe it is warranted that the
51Ico0~u~ication be passed on to Escrow, the title company, or
6 Plaintiff's lender, T
~ Wl~~
' "' l
do so. ~t I believe that the
7 II communication is improper or unwarranted, in view of the
8 II provisions of the Judgment and the Receivership Order I will not
911pass ~t on.
10 ')')
L..L... I request this final order reluctantly, but believe
11 Iithat it is essential in order for me to fulfill my direction to
12 Ilclose this escrow as soon as possible.
1311Ex Parte Necessity and Notice

~, ":)
14 L...J. These orders are necessary on an ex parte basis in
15110rder to close this Escrow timely. As previously stated,
1611Plaintiff has advised me that she will lose her financing if this
17 IIEscrow does no~ close soon. Consequently, there is inadequate
1811time to request these order by noticed or even shortened notice
1911motion.
20 24. On December 5, 2007 at approximately 3:3) p.m., = sent

, l
21 an emal..L to Zerr,ik, :vTara's counsel (:Vlichael 'lJachtell at Buchalter
221INemer', ?iainti~f's cc~nsel Moe Keshavarzi at Sheppard Mullin),
2311and ~cldwell Banker's counsel !Robert Shulkin;, a true and
2411ccrrect :epy ::::~ which is attached hereto as Exhibi: 2, in~crming
25Jlt~e~ t~a~ I ~oGl,j te appear~~g fc~ tte near~~g sf th~s ex parte
26 appli:::a;:.icr. at 8: 3,'J a.:TL. en F~iday, ~eCef:ilCer 2C~'""' -=-~~
27
:~;: \ - ~.= -: ';:~-.r; ;.-, r:._". 1..- .r' ::::::.-.?u.::-to.:-:''-'I:-:::'.I::-.4;_ 1 l
-~
28 . ::::. ,-:; :-,./ : \ ri,'1::-.\~5' :'-'-.-r-' .'.:.0:" :;L:--:?-=:::...::tt-::':c-_

');.7~.:-.:.CC
?~=E.~' '??':3 ~X ~,:..;,:'; ;'_!?==L='=;'~::lC~,~ :-O?, :S3 i ;i-J\<:::: :- (~;:?,~E? ~ ~="?FRC'-J=~~G 'LSCSC:,']
Exh p 304 EXHIBITS VOL V -=E~=',
RECEIVERSHIP
I
_,'~'~~~\~M-=-j>=-l\ -=~~==-'~~J=l'~G :;?Ai'r~ .3=~l~S: ~='_~~[j 2·~~>!=-:-'T'?~ -,,",, ~:3;,=;.Cl":; D"

?~~C2=·';·SS'., ~~'=.; =·~C=-.::~P.:::":-=C~,1 C? =;'_',~~= ?:'.S-=-ES:~;'.?\
11luepart~ent X 8f this Court (effiphasizi~g the new c8~rthouse and
2 II~epart~ent for this case) and detailing the requested orders.
3 ?~
~~' . i have received a response email f~om Ze~nik inquiring
411about the different courtroo~ for this hearing, demonstrating

511that DR yeceived my ex parte notice.
6 I 1eclare under penalty of perjury under the }aws of the
711State of Ca~ifornia that the foregoing is true and correct and
811that this Declaration was executed on December 6, 2007, at Los
91lAngcles, California.
'I
10
, 'f "
11 l""'J ~\~. \ .~ \,'\1 \
David J. Pasternak
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
,\ : ._~_ , __ -·'1-~::"-'·;.', :'1- ,::,,--,-t-~:15.~~:··:r:d::":,:·J,~--=-:::-_#2 "1.L:
~.
28 11 .~-1,)c':i: - . .=~~ \=. ~f---:..,-:'::-::5 ?e,-::t-'':'" .~F-r r s~x?jr",=~:':-:ct_
?~~~=~'~3'~ ~:~ ~~~~.~ ~~;:~=A::C~~ ~C; =SSJ~~J:E ~? ~~=~; ;'_~F~ c·/=: :~~ E.3Cr<.~~~;
Exh p 305 ~:(' ~_.>::= ~~'~ ;'.~' I EXHIBITS
~0: ':= ~ ~,r= ~ r--,~ =, -= ~:'~VOL V -:' RECEIVERSHIP
(~?~.~~~ E E 0 ;' S =: =~~:= ~ ..=:._:: ~ .:;".:: >~ -= '-=- ~:::: = -,- :~ 5 .,-= S: C:'~ 2 ':'
ZERNIK
?~'='~-='j~? 1 :::"T'~.;
V=G~=--;'.?~.~
CONNOR =,:=-,t: ET
": AL
:.:'.~/'=-= v. ~;:.2~::?~~.':.t(
1 II SHEPPARD MULLIN RICHTER & HAMPTON LLP q~
A Limited Liability Partnership

2 II Including Professional Corporations
<o~, 0~~L
-1/j .' ~;~,1?'~)
II PHILLIP A. DAVIS, Cal. Bar No. 110430 ;S;1'.1
,,,.,,~ "',". n'i\
'u
a
3 : MOE KESHAVARZI, Cal. Bar No. 223759
o~o-1. Q, '.'Z~<.p;b
./. -1.1 iJ'.,s' .
0~
333 South Hope Street, 48th Floor 'IVp •.
OrO r
4 " Los Angeles, California 90071-1448
Telet'hone: 213-620-1780 ePA
¢.,fc, ~ Ceq/:"
(-'~~/ o~/)'
5 il FacsImile: 213-620-1398 <: C/v~
"%..'1 o~
~<'- ~vc
6
Anomeys for PlaintiffNivie Samaan
ipQet- ~I".f
7
8
10 FOR THE COmTY OF LOS ANGELES -. WEST DISTRICT
11 II NIVIE SAMAAN, an individual; Case No. SC 087400
12 Plaintiff, Honorable John A. Segal
13 v. ~oposedj Order Appointing David J.

asternak as RecelVer.
14 II JOSEPH ZERNIK, an individual and
DOES 1 through 10, inclusive,
15
Defendants.
16
17
18
19
20
21
22
23
24
25
26
27
28
-1- i=xhtlt I _.~'I("!n /3
II
'1 -~ "._ ~ _._"' - ......- =-<
Exh p 306 EXHIBITS VOL V -

W02·WEST IMMKI,40049221;:
RECEIVERSHIP
[PROPOSED] ORDER APPOINTING RECEIVER
IT IS HEREBY ORDERED THAT David 1. Pasternak ("Receiver") shall be
2 " appointed as Receiver to take possession, custody and control of the real property located
3 II at 320 South Peck Drive, Beverly Hills, California 90212, legally described as:
4
I Lot 252 of Tract 7710, in the Ci!y of Beverlv Hills,
5 ; County of Los Angeles, State of California, "as per map
i recorded in book g3 PAGE (S) 94 and 95 of maps in the
6 office of the recorder of said county (the "PROPERTY").
7
1. Before perfonning his duties, the Receiver shall execute a Receiver's
8
oath and file a bond in Department 0 with surety thereon approved by this Court, in the
9
sum of $] 0.000.00, conditioned upon the faithful perfonnance of the Receiver's duties.
10
11 2. Within seven (7) days of his appointment, the Receiver is to disclose
12 II to all parties any financial relationship between the Receiver and any company he hires to
13 II assist in the management of the estate.
14
3. The Receiver shall have the power and the authority (a) to exclude
15
Defendant and any agents, attorneys, employees or representatives thereof, or anyone
16
claiming under any of them, from the Property; (b) to take possession of the Property; (c)
17
to use, operate, manage and control the Property; (d) to care for, manage, preserve, protect
18
and maintain the Property, and incur the expenses necessary for such care, management,
19
preservation, protection and maintenance (e) to pay appropriate expenses for the Property;
20
(f) to take such other steps as are reasonably necessary to care for, manage, preserve,
21
protect and maintain the Property, subject to the contract for sale of the Property between
22
26
Camden Driver, Beverly HiJls, California 90210-4409 (the "Escrowholder), for a price of
27
$1,718,000 reduced by the setoffs hereinafter described; (h) if within three business days
28
':."1"- 'r. I , /4
-2-
Exh p 307 W02-WEST:JMMKI\4004922111
7. The Receiver shall be paid his usual hourly billable rate, not to exceed
2 II $475.00. All costs incurred by the Receiver and his attorneys in the perfonnance of their
3 /I duties, including, but not limited to, their fees, shall be paid from the sale proceeds
4
8. Any and all expenses of the operation of the Estate are the risk of the
5
Receivership. and not the personal obligation of the Receiver.
6
7 Ii 9. The Receiver may issue Receivership Certificates in increments of
8 /I $10,000.00 bearing interest at eight percent (8%) per annum for up to $50,000.00 to any
9 II person or parties. All funds loaned to the Receiver pursuant to such Receivership
10 II Certificate(s) shall be deemed to be a lien of first priority which shall be repaid prior to all
11 II other encumbrances and claims, other than costs of administration.
12
10. The Receiver and the parties to this case may, at any time, apply to
13
this Court for further or other instructions or orders and for further powers necessary to
14
enable the Receiver to perfonn the Receiver's duties properly.
15
1611 11. Upon close of escrow, the Receiver shall hold the net proceeds of the
17 II sale of the Property and before distributing it to Zernik, deduct from that amount (1) any
18 /I attorney's fees or costs granted to Samaan by this Court, (2) any damages incidental to the
19// decree of specific perfonnance granted to Samaan and (3) the Receiver's fees and expenses
20 II incurred as described herein.
21
12. The parties, and each of them, on receipt of this Order shall provide
22
the Receiver with the tax identification numbers utilized by the PROPERTY. The
23
Receiver shall also be entitled to utilize the tax Identification numbers during his operation
24
of the receivership estate.
25
26 13. The Receiver shall determine upon taking possession of the estate
27 whether in the Receiver's judgment there is sufficient insurance coverage. With respect to
28 any insurance coverage, the Receiver shall be named as an additional insured on the
-4- I, - -. - -
.~ I~
~ ~ -..... -
Exh p 309 EXHIBITS VOL V -
W02-WEST:J MMK I 14004922 I J: RECEIVERSHIP
1 II policies for the period that the Receiver shall be in possession of the estate. If sufficient
2 II insurance coverage does not exist, the Receiver shall immediately notify the parties to this
3 II lawsuit and shall have thirty (30) calendar days to procure sufficient all-risk and liability
4 II insurance on the estate (including earthquake and flood insurance) provided, however, that
5 if the Receiver does not have sufficient funds to do so. the Receiver shall seek instructions
6 from the Court with regard to whether insurance shall be obtained and how it is to be paid
7 II for. If consistent with existing law, the Receiver shall not be responsible for claims arising
8 II from the lack of procurement or inability to obtain insurance.
9
14. The Receiver shall be authorized to pay all legal obligations of the
10
PROPERTY outstanding and coming due.
11
12/1 ] 5. Zernik and his respective agents, employees, representatives and
13 1/ anyone acting in concert with them are ordered forthwith to take all steps reasonably
14 1/ necessary to enable the Receiver to administer the receivership estate and to exercise
15 1/ management and control over the PROPERTY, including but not limited to:
16
(a) Forthwith providing the Receiver with all keys, books of accounts,
17
records, operating statements, budgets, real estate tax and other bills, notices and all
18
documentation relating to the PROPERTY
19
20 (b) Cooperating with the Receiver to enable him to sell PROPERTY to
21 Ir Samaan.
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-5-
1 17
W02-WEST'IMMKIA00492211 [PROPOSED] ORDER APPOINTING RECEIVER
16. The parties and their respective agents, employees, representatives
2 II and anyone acting in concert with them are hereby enjoined and restrained from engaging
3 II in any action which interferes with or frustrates the Receiver's ability to administer the
4 I) receivership estate and exercise management and control over the PROPERTY.
: II Dated Novem~, 2007 ~_ :' _
7!1 .9<>0;>
iI/
~
·J1ft>G~PERIOR~OURT
8 '" . ..
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-6-
-" I '. I g
W02·WESTJ MMK 1,40049221 J.J [PROPOSED] ORDER APPOINTING REC~I~ER "1
PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the County of Los Angeles; I am over the age of eighteen

years and not a party to the within entitled action; my business address is 333 South Hope
411 Street, 48th Floor, Los Angeles, California 90071-1448.
5 liOn October 26, 2007, I served the following document(s) described as [PROPOSED]
ORDER APPOINTI!\G DAVID J. PASTER~AK AS RECEIVER on the interested
61/ party(ies) in this action by placing true copies thereof enclosed in sealed envelopes and/or
packages addressed as follows:
7/
Robert J. Shulkin, Esq. Joseph Zernik
8 The Law Department 320 S. Peck Drive
Coldwell Banker Residential Beverly Hills, California 90212
9, Brokerage Company jz 12345@earthlink.net
! 11611 San Vicente Blvd., Ninth Floor
10 Los Angeles, CA 90049~65I 0
Facsimile: (310) 447-1902
11 robert.shulkin@camoves.com
12/10 BY MAIL: I am "readily familiar" with the finn's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited
13 with the U.S. postal service on that same day with postage thereon fully prepaid at
Los Angeles, California in the ordinary course of business. I am aware that on
14 motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing in
15 affidavit.
16110 BY OVERNIGHT DELIVERY: I served such envelope or package to be

delivered on the same day to an authorized courier or dnver authorized by the
17 overnight service carrier to receive documents, in an envelope or package
designated by the overnight service carrier.
18
~ BY HAND DELIVERY: I caused such envelope(s) to be delivered by hand to the
19 office of the addressee(s).
20110 BY ELECTRONIC MAIL: I caused to be prepared and sent an email to the party
listed below at the e-mail address shown on the service list.
21
~ STATE: I declare under penalty of peIjury under the laws of the State of
22 California that the foregoing is true and correct.
23 Executed on October 26,2007, at Los Angeles, California.
~
~ //;1'
24 , /
.
,/ !
I'
!
.-/'1 \ J;;;'S !f;1
1, / .,--;)
25 \::::;:::::> iJ . C>
David ZasJoff
26
27
28
I ,GJ
RECORDING REQUESTED BY:
United Title Company
Title #: 80701422-77
APN #: 4328-0024-023
WHEN RECORDED MAIL TO
Nivie Samaan
SPACE ABOvE THIS liNE FOR RECORDERS USC

Grant Deed
The undersigned grantor(s) declare(s):
Documentary transfer tax is $1,889.80
(X) computed on full value of property conveyed, or
( ) computed on full value less of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: () City of Beverly Hills
FOR A VALUABLE CONS1DERATlON, receipt of which is hereby acknowledged,

Joseph H. Zernik, an unmarried man
hereby GRANT{S) to
Nivle Samaan, a married woman, as her sole and separate property
that property in The City of Beverly Hills, Los Angeles County, State of California, described as follows:
Lot 252 of Tract 7710, in the Oty of Beverly Hills, County of los Angeles, State of California, as per Map recorded in
Book 83, Pages 94 and 95 of maps, in the office of the County Recorder of said County.
Together with all of Grantor's right, title and interest in and to that certain Oil and Gas lease, executed by and
between sammy Narens and Lylyan Narens, as Lessor, and Standard Oil Company of California, as Lessee, recorded
September 23, 1964, as Instrument No. 3156, Official Records, Los Angeles County, Catiforla
Mail Tax Statements to Gra=n~tee=:..-"a-,--t-"a-=cdd-,--r~ess=:..--=a-,--bo-,--v-,--e=- , _

Dare November 27, 2007
~
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State of ___ ) 1 ~ T ~)(,'r __
County of ,- ft
I'~if' ~~ I~
David J. Pasternak, Receiver
On - ;.:: . 1 - --' before me, (Solely In that capacity)
I "'-- =1 \ J f> .t ,I. 1--\ v_____
a Notary Public,~rsonally appeared :.)
~',"''';,i -J- :- ):.~-.~ . ,)
personally known to me (or proved to me on the basis of 'r A <> ,0" <> -<> <> cOt <">.<""» C'b <> At"">, (
satisfactory eVidence) to be the person(s) whose name(s) i51are

"; ,\~~~\-"~, liSA I<.ALAYDJIAN ~
subscribed to the within instrument and acknowletlged to me
that he/she/they executed the same in his/her/their authorized
\! ',~"';'0' ~':',7 CO,V'k -;; '1('13184 G)
copacity(les), and that by his/her/their slgnature(s) on the \>l-~~~::~"~:.' ~~':~~'~~~: ~;:~,~:~r.:.~'.,~~,c:-. C:'~.~~,':·~~.~;A ()
instrument the person(s), or the entity upon behalf of which "<, \" .'-,,"-'\/1 L"." ,:'kL~[" L,-,.", ,
the person(s) acted, executed the instrument. i
~",-"".~~
,.~~., _,~~.;·/c=,;:.uJ ["..",:',,:,c.3 (leT is, 2CC9 ..I.
WITNESS
Signaturf !J
~YU1~ttfVJ\ (\ .
) \ ~ ,
Name 4)1\,,\0 J. p~~r€tlJ~'Aj /!ic£\w.J.

(typed or pnnted)
FTGIS-j4<l8/90 IS area for oIlidal nalanal seal
MAIL TAX STATEMENTS AS DIRECTED ABOVE

2 'LI
433 N. Camoen Drive, SUI~ 510 • Be",~r1y Hili CA· 90210' (310) 550-7400 • FA)( (310) 55(>-7531
ESCROW INSTRUCTIONS
(For PAYMENT of seller's California income tax at close of escrow)
MARA ESCROW COMPANY Date: November 26, 2007

433 N. Camden Drive, Suite 510 Escrow No.: 13450G-LC
Beverly Hills, CA 90210 Sale Price: $1,718,000.00
The undersigned buyer(s) and seller(s) acknowledge that California law requires the withholding of
income tax in an amount equill to three and one third percent (3 1/3%) of the sales price or, if
applicilble, three and one third percent (3 1/3%) of the gross percentage ot ownership for non-
exempt seller(s), or an amount based upon the applicable tax rate as applied to estimated gain on
the Si3le of the property described in your ilbove numbered escrow.
You are instructed to Withhold California income tax from the seller(s) in the amount of $57,270.00,
which amount equals three and one third percent (3 1/3%) of the sales price, and pay said amount to
the Franchise Tax Board. Forward your check for silid tax, the Real Estate Withholding Tax
Statement and the Real Estilte Withholding Installment Sale Agreement, if appliCi3ble, to the Franchise
Tilx Board at close of escrow.
The undersigned buyer(s) and seller(s) acknowledge thilt the fee charged by Milril Escrow Company
for this service pursuant to Section 18662 of the California Revenue and Taxation Code is $45.00 per
Real Estate Withholding Tax Statement submitted to Franchise Tax Board. You are hereby authorized
and instructed to charge the account of seller for said service fees.
The undersigned seller(s) and buyer(s) hereby acknowledge that these instructions are irrevocable
and therefore cannot be modified or changed.
t\J\l ~
BUYER(S)
\
David J. Pasternak, Receiver (Solely in that Nivie Samaan
Capacity)
ORT180
Lelle Page 1 of 1
Exh p 316 EXHIBITS VOL V - RECEIVERSHIP 2 zz..

433 N Camden Drive. Surte 510' Beverly HillS GA, 90210· (3101550-7400 • FAX (310) 550-7531
SUPPLEMENTAL ESCROW INSTRUCTIONS
To: Mara Escrow Company Date: November 26, 2007

433 N. Camden Drive, Suite 510 Escrow No.: 134500-LC
Beverly Hills, CA. 90210
Mara Escrow Company is hereby authorized and requested to forward funds by its check in tile amount of
withholding tax due in connection with the transfer of real property under the above referencec escrow, together
with the required forms described below to the Internal Revenue Service on the close of escrow or within twenty
days thereafter. Said funds shall be deducted from the proceeds otherwise due the undersigned Transferor/Seller.
We, the undersigned parties, jointly and severally, acknowledge that Mara Escrow Company, its agents and/or
employees, are NOT acting as agents for us. Rather, Mara Escrow Company is merely forwarding IRS Forms
8288, 8288-A and W-7 if applicable, together with a check equal to ten (10) percent of the sales price to the
Internal Revenue Service, Philadelphia, PA 19255, as a courtesy.
We further acknowledge that Mara Escrow Company, its agents and/or employees, have not given any adVice nor
rendered any opinion in connection with the withholding tax or the preparation of any forms and hereby relieve
same of any responsibility and/or liability regarding the veracity and/or completeness of the information provided
on these forms.
We further warrant that the information set forth on IRS Form 8288, 8288-A and W-7 if applicable, which were
prepared and signed by us, IS true and correct to the best of our knOWledge.
I\;I\~~
TRANSFEREE/BUYER
David J. Pasternak. Receiver Nivie Samaan

(solely in thBt·capac1ty) _
Address: \,'"\S (J.>1~H") P...-h. W\', Address: _
~.)~ 1.."\>, 6~ ~ .If\ ~,~\,""_~1.SL_,;~J

.... _
[COMPLETION OF I.R.S. FORM 8288, 828B-A, BAND C, and W-7 if applicable IS REQUIRED.]

z. ~:>

l u l n... ."JI V\.I'- 111'-" \.IIIV,-1 \,11'-" UIJVV\-o IrUlllU~I';;;U ~.;JI\..'VVVI
Pay Commission to: Coldwell Banker $42,950.00

166 North Canon Drive
Beverly Hills, CA 90210
Agent: Michael J. Libow

Phone: (310)273-3113
Fax: (310) 278-4934
Pay Commission to: Gilleran Griffin Company $42,950.00

1333 Westwood Boulevard Suite 101
Los Angeles, CA 90024
Agent: Nivie Samaan

Phone:
Fax:
Date: November 15, 2007
I acknowledge that said broker(s) heretofore was employed by me to effect a sale of the property described
under the above escrow number, that I have agreed to pay said sum to said broker(s) as their commission for
said services, and that pursuant to said employment they have produced the purchaser named therein.
Seller herein agrees that Escrow Commission Instructions may not be amended or revoked without the written
consent of Broker(s) herein.
The undersigned hereby irrevocably assigns to Broker herein a portion of their sale proceeds equal to commission
amounts as set forth above. Said commission to be paid at close of this escrow.
SELLER(S):
ill 1.C'Cf\;A , ~
Joseph H. Zernik
Exh p 318 EXHIBITS VOL V - RECEIVERSHIP ~':"(~~!-,r"

L '~~ ..,- 2../-1.:
BUYER: Nivie Samaan
SELLER: Joseph H. Zernik
:alifornia Residential Purchase Agreement and Joint Escrow Instructions dated September 4, 2004, and CounterOffer No. 1 dated
5eptember 10, 2004 and CounterOffer No.2 dated September 11. 2007, by and between the buyer and seller referenced above,
s incorporated herein and made a part hereof. You are authorized to act in accordance with these instructions and any
"Imendments hereto. You are not to be concerned with, or liable for, any memoranda or other agreements between the parties
"IS contained in the attached document, except those relating to the transfer of title. I/we acknowledge receipt of your Privacy
::lolicy Notice, and prior to close of escrow, the parties to this transaction will cause any balance of funds due and/or documents
-equired of them to be deposited with you.
fhe following additional terms and conditions shall apply in this escrow:
:ONSIDERATION SUMMARY
::laid Outside Escrow $ 0.00

C:unds Through Escrow $ 172,500.00
::xisting Encumbrances $ 0.00
$ 0.00
'Jew Encumbrances $ 1,288,500.00
$ 257,000.00
$ 0.00
fotal Consideration $ 1,718,000.00
These Special Sale Instructions are intended as a supplement to the Residential Purchase Agreement and Joint Escrow
[nstructions.
:::Iose of escrow shall be on or before 12/14/2007 and thereafter in the event no written demand is made for cancellation.
fhe undersigned Buyer(s) shall cause to be handed you:
:*) cashier's check or wired funds in the amount reqUired to close escrow
:*) Preliminary Change of Ownership Report
:*) california Income Tax Withholding Notice
:*) Buyer's Estimated Closing Statement
:*) Supplemental Instructions
:*) Executed loan documents

:*) Read and approved inspection and/or completion report(s)
fhe undersigned Seller(s) shall cause to be handed you:
:*) Grant Deed in favor of the Buyer(s)

:*) Seller(s) Estimated Closing Statement
:*) california Income Tax Withholding Notice
[*) IRS Reporting forms, as applicable

[*) Read and approved demand(s)
(*) Read and approved bill(s)
LEGAL DESCRIPTION: The complete legal description of subject property shall be proVided in the Preliminary Report issued by
the Title Company.
Escrow Holder is hereby instructed and authorized to complete the vesting on the Grant Deed, over Seller(s) signatures thereto,
as directed by Buyer(s).
':'~hihtt 2-
-
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Page 1 of 5
LC/lc
\ny supplemental taxes which may be billed after closing by the Office of the County Tax Collector as a result of an event prior to
:Iosing will be handled solely between the buyer and seller outside of this escrow.
3uyer(s) is/are aware the 1st installment of GENERAL property taxes is due November 1st and a penalty will be assessed if not
Jaid by December 10th. The second installment is due February 1st and a penalty will be assessed if not paid by April 10th.
********* PLEASE NOTE********
:lOOD FUNDS LAW
)ursuant to Insurance Code Section 12413.1, there have been gUidelines set which require the holding of funds by a Title
:ompany prior to distribution. Depending upon the type of check(s) deposited, this holding period could delay the closing of your
~scrow. In the event you wish to wire funds, rather than deposit a Cashier's Check, you may instruct your bank to wire the funds
0:
3ank: Comerica Bank-California

~ddress: 10900 Wilshire Blvd.
\BA/Routing No.: 121137522
=or Further Credit to: Mara Escrow Company
~ccount No. 1891023507
\ttention: Liz Cohen
:scrow No.: 134500
********************
(ou are hereby authorized and instructed to obtain current, written demands for the satisfaction of all matters of record that I am
:0 pay through this escrow. A current demand is defined as a written demand for payment that is not expired or that will not
~xpire by its terms prior to the close of escrow or whose date of issuance is not more than 30 days prior to close of escrow. In
:he event a demand submitted to escrow is determined not to be current within this definition, you are further authorized, at your
;ole discretion, to obtain an updated demand and to pay said updated demand as submitted without further written or verbal
nstructions from the undersigned.
(ou are hereby authorized and instructed to disburse the proceeds due the undersigned Seller(s) as per separate instructions
~ttached hereto and made a part hereof.
rhe within instruction is executed in counterpart for the purpose of facilitating its execution by the parties hereto. The
:ounterparts are to be construed and interpreted as a single document.
3uyer's/Borrower's Vesting is amended as follows:
'Jivie Samaan, a married woman, as her sole and separate property
:m OF BEVERLY HILLS NOTIFICATION: In the event the property is in the City of Beverly Hills, you shall obtain and submit
'Jotification of Sale/Exchange of Real Property on behalf of Seller and Buyer as reqUired by the City of Beverly Hills Municipal Code
;ections 9-3.1501,9-1.102 & 9-2.112, which notification shall also conform to the reqUirements of the City of Beverly Hills relative
:0 the reqUiring of smoke detectors in residential bUildings. Seller will hand you a properly executed Notification indicating the
Jroperty is in compliance with said requirements. Escrow Holder's responsibility shall be limited to filing the Notification with the
)epartment of Building and Safety at the close of escrow.
rERMS OF THE PURCHASE: The terms of the Purchase Price are hereby amended to be as follows:
Earnest Money Deposit $30,000.00

Balance of Down Payment $142,500.00
New 1st Loan $1,288,500.00
New 2nd Loan $257,000.00
TOTAL CONSIDERATION $1,718,000.00
BUYER'S CLOSING COSTS: At the close of escrow, Escrow Holder is hereby authorized and instructed to debit the Seller and
:redit the Buyer an amount not to exceed $34,360.00, which amount Buyer shall apply towards Buyer's Closing Costs.
Exh
_C/le p 320 EXHIBITS VOL V - RECEIVERSHIP ':"v~-;hl~ 2.- "',.,., ", Z(.p Page 2 of 5
SAVINGS ACCOUNT: The law concerning the disbursement of funds requires that all funds must be available for withdrawal by
and from the account of the escrow entity prior to the disbursement of any such funds. Only cash or wire transferred funds can
be considered immediately available on deposit. cashiers checks, tellers checks and certified checks may be available one
business day after deposit. All other funds are subject to mandatory holding periods which may cause delays in closing this
escrow and the disbursement of funds. In order to avoid delays, please consider that all fundings and/or deposits should be
made by wire transfer. Outgoing wire transfers will be authorized only upon confirmation of the respective incoming wire
transfer(s) or of the immediate availability of any deposited checks.
Deposited Funds Generally Bear No Interest
All funds received in this escrow will be commingled and deposited with other funds from other escrows in a general escrow
account or accounts at the discretion and in the name of Mara Escrow Company with any state or national bank or saVings and
loan association ("depository institution[s]") and may be transferred to any other such general account or accounts. The parties
to this escrow acknOWledge and agree that the maintenance of such escrow accounts with certain depository institutions may
result in the receipt by Mara Escrow Company of various bank services, accommodations and/or other benefits from the
depository institutions. Mara Escrow Company or its affiliates may elect to enter into other business arrangements or transactions
with or to obtain loans for investment or other purposes from such depository institutions. All such services, accommodations and
other services shall accrue to Mara Escrow Company or its affiliates, who shall have no obligations to account to the parties to this
escrow for the value of such services, accommodations or other benefits.
B. Option For Interest Bearing Account
Funds deposited into escrow shall not earn interest unless the parties execute instructions specifically directing Mara Escrow
Company to deposit such funds in an interest bearing account. Upon receipt of such fully executed instructions along with an
executed Form W-9 from the Buyer, Mara Escrow Company will place Buyer's initial deposit and any subsequent deposits in an
interest bearing account in the name of Mara Escrow Company as Trustee for the escrow in question (134S00-LC) with Comerica
Bank-california, 10900 Wilshire Blvd., Los Angeles, CA 90024. Until such time as escrow is in a position to disburse or close
escrow as proVided herein, any accrued interest shall be credited to the account of the Buyer herein. Buyer acknowledges that
there shall be a service charge to the Buyer for the servicing of said interest bearing account. In addition, the within parties
hereby acknowledge their awareness of the fact that the Federal Deposit Insurance Corporation (FDIC) only insures depositors up
to $100,000.00.
Further, Escrow Holder will be given or proVided reasonable notice and time to comply with any instructions for bank wires to
process and complete this escrow. Accordingly, Escrow Holder's sole duty and responsibility shall be to place said wire transfer
instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close
of escrow. Escrow holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal
Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of
wires.
In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties
agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT
INSTRUCTION. FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR
WIRE PLACEMENT.
The follOWing general provisions shall apply in this escrow:
1. Deposit and Disbursement of Funds. Disbursements are ordinarily made by check of Escrow Holder. Escrow Holder
offers its customers the opportunity to transfer funds by wire from its depository bank. Use of a wire transfer may offer benefits
to a party who wishes to more qUickly satisfy an obligation and stop the accrual of additional interest. Escrow Holder will charge
a wire transfer service handling fee for each wire requested. Please let your escrow officer know should you require a wire
transfer of any portion of the escrow proceeds.
2. Prorations and Adjustments. All prorations and/or adjustments called for in this escrow are to be made on the basis of a
thirty (30) day month unless otherwise instructed in writing. At closing, Escrow Holder may adjust estimated amounts and
prorations and other items that may change based on the recording date. In all acts relating, but not limited to fire/hazard
insurance, rents and rental deposits, real property taxes, and interest, Escrow Holder shall presume that the information proVided
to Escrow Holder by the parties to this escrow, or their agent(s), is correct and that insurance premiums have been paid.
Exh p 321
LC/lc
~.v"""""""
EXHIBITS VOL V - RECEIVERSHIP ,"" 2- ~
. '-""';1-'
..., --,
'--' , Page 3 of 5
b. conrllCtlng Instructions. upon receipt or any contllctlng InstructIons (other than cancellation instructions), Escrow Holder
is no longer obligated to take any further action in connection with this escrow until further consistent instructions are received
from the parties. Escrow Holder is authorized to hold all monies and/or instruments in this escrow until otherwise directed, either
by the parties' mutual written instructions or by final order of a court of competent jurisdiction. In the event of conflicting claims
to any funds or other documents, Escrow Holder shall have the absolute right, at Escrow Holder's discretion, to file an action in
interpleader requiring the parties to answer and litigate their several claims and rights amongst themselves. Any such action must
comply with the requisite interpleader statutes of the state of California in this regard.
7. Disclosure. Escrow Holder shall have no duty to disclose to any party to this escrow any information, which may come to
Escrow Holder's attention concerning this transaction unless specifically requested to do so by any party.
8. Right of Cancellation. This escrow shall be deemed canceled upon Escrow Holder's receipt of any party's instruction to
cancel the escrow. Upon receipt of a party's instructions to cancel the escrow, Escrow Holder shall distribute Cancellation
Instructions to the parties or to their agents regarding the disbursement of funds in the escrow. Escrow Holder then is no longer
obligated to take any further action in connection with this escrow until receipt of mutual non-conflicting instructions from the
parties. Upon receipt of mutual, non-conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder
shall disburse the funds in accordance with the instructions, less fees and other costs incurred in connection with the escrow. In
the absence of non-conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder is authorized and
instructed to hold all earnest money funds in accordance with the terms of Paragraph 6 above, but Escrow Holder may distribute
all funds in excess of earnest money to the depositors of the funds or their assignees at Escrow Holder's sole discretion.
9. Entire Agreement and Indemnification. These General Provisions and the joint escrow instructions received and accepted
by Escrow Holder (if applicable), shall be the whole and only agreement between the parties regarding the obligations of Escrow
Holder to complete this escrow and shall supersede and cancel any prior instructions. Escrow Holder shall disregard and assume
no responsibility for complying with any other agreement(s) between the parties, whether or not such agreement(s) have been
made a part of this escrow. To the extent of any conflicts between these General Provisions (including joint escrow instructions, if
applicable) and any other agreement(s) between the parties, these General Provisions (including joint escrow instructions, if
applicable) shall control.
10. Compliance with Regulatory Matters. Escrow Holder is not responsible or liable for determining that there has been
compliance with any matters that are excluded from coverage under the title insurance policy to be issued in conjunction with
close of this escrow including, but not limited to, county or municipal ordinances and state, county or municipal subdivision or
land division regulations or laws. Reference is made to the policy form on file with the Insurance Commissioner of the State of
California and available through the Title Company for the customer's review for a complete statement of such exclusions.
11. Licensee Status. Escrow Holder is not responsible or liable for determining that any person or entity receiving a
commission or other compensation from escrow is currently and regularly licensed, nor for communicating the license status of
any person or entity receiving a commission or other compensation from escrow to the parties herein.
12. Unclaimed Funds. After three (3) years from the deposit of funds into escrow, any amounts thereafter remaining
unclaimed may be escheated to the State of California in compliance with the State of California's Unclaimed Property Law and
Regulations.
13. Fees and Charges. The parties to this escrow agree to pay all charges, billings, advances and expenses, including
cancellation fees, that are properly chargeable to the undersigned, and further to pay any balance for fees, costs or shortages
due in connection with these instructions.
14. Payments From Escrow. Escrow Holder is acting as the disbursing agent of the parties to this escrow for all payments,
such as, but not limited to, commissions, signing service proViders, notary fees and termite inspections and/or reports, owed and
authorized herein by the parties.
15. Inspections. Escrow Holder is relieved of any obligation to order or obtain any of the inspections or reports required by
this transaction.
16. Contingencies. Escrow Holder is relieved of any obligation to monitor, schedule the timing of, or obtain any party's
compliance With, any of the contingencies reqUired by this transaction.
I have read, understand, and agree to the above, acknowledge receipt of a copy of your Privacy Policy Notice and, further
acknowledge that the title company named herein may not disburse funds received in this escrow except in accordance with the
provisions set forth in Section 12413.1 of the Insurance Code of the State of California.
LC/lc ZERNIK V CONNOR ET AL
2-~~.:,.~-:vp-.~k.~'
Z~ Page 4 of 5
EXHIBITS VOL V - RECEIVERSHIP Exh p 323 ::>1/J1
:awa :A8
ANV'dWO) MmDS3 \fClV'W pal\!aJa~
'II II lJri7 • U Urlric;or
433 N. Camden Drive, Suite 510 • Beverly Hills CA' 90210' (310) 550-7400 • FAX (310) 550-7531
SPECIAL SALE INSTRUCTIONS

TO MARA ESCROW COMPANY
Property Address: 320 So. Peck Drive Escrow No.: 134500-LC

Beverly Hills, CA 90212-3715 Escrow Officer: Liz Cohen
-----------
MARA ESCROW COMPANY IS UCENSED BY THE STATE OF CAUFORNIA, DEPARTMENT OF CORPORATIONS,

LICENSE NO. 963-1155.
BUYER: Nivie Samaan

SELLER: Joseph H. Zernik
:alifornia Residential Purchase Agreement and Joint Escrow Instructions dated September 4. 2004. and CounterOffer No.1 25 top
dated
5eptember 10, 2004 and CounterOffer No.2 dated September 11. 2007, by and between the buyer and seller referenced above,
3mendments hereto. You are not to be concerned with, or liable for, any memoranda or other agreements between the parties
3S contained in the attached document, except those relating to the transfer of title. I/we acknowledge receipt of your Privacy
::>olicy Notice, and prior to close of escrow, the parties to this transaction will cause any balance of funds due and/or documents
-equired of them to be deposited with you.
fhe follOWing additional terms and conditions shall apply in this escrow:
Daid Outside Escrow $ 0.00

=unds Through Escrow $ 172,500.00
::xisting Encumbrances $ 0.00
$ 0.00
'Jew Encumbrances $ 1,288,500.00
$ 257,000.00
$ 0.00
fotal Consideration $ 1,718,000.00
These Special Sale Instructions are intended as a supplement to the Residential Purchase Agreement and Joint Escrow
[nstructions.
Exh p 324 EXHIBITS VOL V - RECEIVERSHIP 25-top

-,
:Iose of escrow shall be on or before 12/14/2007 and thereafter in the event no written demand is made for cancellation.
fhe undersigned Buyer(s) shall cause to be handed you:
:*) Cashier's check or wired funds in the amount required to close escrow
:*) Preliminary Change of Ownership Report
:*) California Income Tax Withholding Notice
:*) Buyer's Estimated Closing Statement
:*) Supplemental Instructions
:*) Executed loan documents

:*) Read and approved inspection and/or completion report(s)
fhe undersigned Seller(s) shall cause to be handed you:
:*) Grant Deed in favor of the Buyer(s)

:*) Seller(s) Estimated Closing Statement
:*) California Income Tax Withholding Notice
~*) IRS Reporting forms, as applicable

~*) Read and approved demand(s)
~*) Read and approved bill(s)
LEGAL DESCRIPTION: The complete legal description of subject property shall be provided in the Preliminary Report issued by
the Title Company.
Escrow Holder is hereby instructed and authorized to complete the vesting on the Grant Deed, over Seller(s) signatures thereto,
LC/lc Page 1 of 5

ZERNIK V CONNOR ET AL 25-bottom
433 N. Camden Drive. Suite 510' Beverly Hills CA· 90210' (310) 550-7400 • FAX (310) 550-7531
ESCROW COMMISSION INSTRUCTIONS
To: Mara Escrow Company Escrow No.: 134500-LC

433 N. Camden Drive, Suite 510 Property: 320 So. Peck Drive, Beverly Hills, CA
Beverly Hills, CA 90210 90212-3715
At the close of escrow, Escrow Holder is hereby authorized and instructed to pay the following licensed Real
Estate Broker(s) as a Commission for services rendered, which amount you are authorized to deduct from the
funds due me under the above numbered escrow.
Pay Commission to: Coldwell Banker $42,950.00

166 North Canon Drive
Agent: Michael J. Libow

Phone: (310)273-3113
Fax: (310) 278-4934
Pay Commission to: Gilleran Griffin Company $42,950.00

1333 Westwood Boulevard Suite 101
Agent: Nivie Samaan

Phone:
Fax:

I acknowledge that said broker(s) heretofore was employed by me to effect a sale of the property described
under the above escrow number, that I have agreed to pay said sum to said broker(s) as their commission for
said services, and that pursuant to said employment they have produced the purchaser named therein.
Seller herein qgrees that Escrow Commission Instructions may not be amended or revoked without the written
The undersigned hereby irrevocably assigns to Broker herein a portion of their sale proceeds equal to commission
SELLER(S):
ill 1.('C1\;J\ , k
Joseph H. Zernik

26-bottom
:scrow Officer: Liz Cohen ES1 ~''''' No.: 134500-LC
'roperty Address: 320 So. Peck Drive Date: November 16, 2007
Beverly Hills, CA 90212-3715
;eller(s) understands and agrees that Buyer(s) shall cause to be handed to you executed loan documents in favor of the new
ender which shall be deemed approval of the terms and conditions therein. Escrow Holder is authorized to comply with the
nstructions of the lender.
3uyer(s) will furnish Escrow Holder with evidence of hazard insurance acceptable to lender. Escrow Holder is authorized and
nstructed to pay from Buyer(s) funds the premium for same unless a paid receipt is deposited into escrow. In the event subject
Jroperty is covered under a master policy, Escrow Holder is authorized and instructed to obtain a certification on behalf of
3uyer(s).
3uyer(s) is/are aware that the property will be reassessed upon change of ownership. A supplemental tax bill will be received
:hat will reflect an increase or decrease in taxes based upon the values assessed by the county.
\ny supplemental taxes which may be billed after closing by the Office of the County Tax Collector as a result of an event prior to
:Iosing will be handled solely between the buyer and seller outside of this escrow.
3uyer(s) is/are aware the 1st installment of GENERAL property taxes is due November 1st and a penalty will be assessed if not
Jaid by December 10th. The second installment is due February 1st and a penalty will be assessed if not paid by April 10th.
********* PLEASE NOTE********
;OOD FUNDS LAW
)ursuant to Insurance Code Section 12413.1, there have been guidelines set which require the holding of funds by a Title
:ompany prior to distribution. Depending upon the type of check(s) deposited, this holding period could delay the closing of your
~scrow. In the event you wish to wire funds, rather than deposit a Cashier's Check, you may instruct your bank to wire the funds
.0:
3ank: Comerica Bank-California

\ddress: 10900 Wilshire Blvd.
=or Further Credit to: Mara Escrow Company
\ccount No. 1891023507
\ttention: Liz Cohen
:scrow No.: 134500
********************
(ou are hereby authorized and instructed to obtain current, written demands for the satisfaction of all matters of record that I am
:0 pay through this escrow. A current demand is defined as a written demand for payment that is not expired or that will not
~xpire by its terms prior to the close of escrow or whose date of issuance is not more than 30 days prior to close of escrow. In
:he event a demand submitted to escrow is determined not to be current within this definition, you are further authorized, at your
;ole discretion, to obtain an updated demand and to pay said updated demand as submitted without further written or verbal
(ou are hereby authorized and instructed to disburse the proceeds due the undersigned Seller(s) as per separate instructions
3ttached hereto and made a part hereof.
me within instruction is executed in counterpart for the purpose of facilitating its execution by the parties hereto. The
:ounterparts are to be construed and interpreted as a single document.

ZERNIK V CONNOR ET AL 27-top
3uyer's/Borrower's Vesting is amended as follows:
\Jiv;e Samaan, a married woman, as her sole and separate property
:::m OF BEVERLY HIllS NOTIFICATION: In the event the property is in the City of Beverly Hills, you shall obtain and submit
~otification of Sale/Exchange of Real Property on behalf of Seller and Buyer as required by the City of Beverly Hills Municipal Code
;ections 9-3.1501, 9-1.102 & 9-2.112, which notification shall also conform to the requirements of the City of Beverly Hills relative
:0 the requiring of smoke detectors in residential bUildings. Seller will hand you a properly executed Notification indicating the
JrOperty is in compliance with said requirements. Escrow Holder's responsibility shall be limited to filing the Notification with the
Jepartment of Building and Safety at the close of escrow.
fERMS OF THE PURCHASE: The terms of the Purchase Price are hereby amended to be as follows:
Earnest Money Deposit $30,000.00

Balance of Down Payment $142,500.00
New 1st Loan $1,288,500.00
New 2nd Loan $257,000.00
BUYER'S CLOSING COSTS: At the close of escrow, Escrow Holder is hereby authorized and instructed to debit the Seller and
:redit the Buyer an amount not to exceed $34,360.00, which amount Buyer shall apply towards Buyer's Closing Costs.
O:-vhih1' 2- ""nr~ Ztp Page 2 of 5
Exh p 329 EXHIBITS VOL V - RECEIVERSHIP 27-bottom

Escrow Officer: Liz Cohen Esr"""''N No.: 134500-LC
Property Address: 320 So. Peck Drive Date: November 16, 2007
REPORTS AND WARRAN1Y WAIVED BY BUYER: Buyer hereby waives the requirement to receive a Natural Hazard Disclosure
?
Report, Ter~ite I,nspection Report and any work indicated by such report, and Home Warranty plan. These items are hereby
deleted In their entirety. Buyer hereby releases and relieves Escrow Holder of any and all liability and/or responsibility in
connection with these items.
SAVINGS ACCOUNT: The law concerning the disbursement of funds requires that all funds must be available for withdrawal by
and from the account of the escrow entity prior to the disbursement of any such funds. Only cash or wire transferred funds can
be considered immediately available on deposit. Cashiers checks, tellers checks and certified checks may be available one
business day after deposit. All other funds are subject to mandatory holding periods which may cause delays in closing this
escrow and the disbursement of funds. In order to avoid delays, please consider that all fundings and/or deposits should be
made by wire transfer. Outgoing wire transfers will be authorized only upon confirmation of the respective incoming wire
transfer(s) or of the immediate availability of any deposited checks.
Deposited Funds Generally Bear No Interest
All funds received in this escrow will be commingled and deposited with other funds from other escrows in a general escrow
account or accounts at the discretion and in the name of Mara Escrow Company with any state or national bank or savings and
loan association ("depository institution[sJ") and may be transferred to any other such general account or accounts. The parties
to this escrow acknowledge and agree that the maintenance of such escrow accounts with certain depository institutions may
result in the receipt by Mara Escrow Company of various bank services, accommodations and/or other benefits from the
depository institutions. Mara Escrow Company or its affiliates may elect to enter into other business arrangements or transactions
with or to obtain loans for investment or other purposes from such depository institutions. All such services, accommodations and
other services shall accrue to Mara Escrow Company or its affiliates, who shall have no obligations to account to the parties to this
escrow for the value of such services, accommodations or other benefits.
B. Option For Interest Bearing Account
Funds deposited into escrow shall not earn interest unless the parties execute instructions specifically directing Mara Escrow
Company to deposit such funds in an interest bearing account. Upon receipt of such fully executed instructions along with an
executed Form W-9 from the Buyer, Mara Escrow Company will place Buyer's initial deposit and any subsequent deposits in an
interest bearing account in the name of Mara Escrow Company as Trustee for the escrow in question (134S00-LC) with Comerica
Bank-California, 10900 Wilshire Blvd., Los Angeles, CA 90024. Until such time as escrow is in a position to disburse or close
escrow as prOVided herein, any accrued interest shall be credited to the account of the Buyer herein. Buyer acknowledges that
there shall be a service charge to the Buyer for the servicing of said interest bearing account. In addition, the within parties
hereby acknowledge their awareness of the fact that the Federal Deposit Insurance Corporation (FDIC) only insures depositors up
to $100,000.00.

Further, Escrow Holder will be given or provided reasonable notice and time to comply with any instructions for bank wires to
process and complete this escrow. Accordingly, Escrow Holder's sole duty and responsibility shall be to place said wire transfer .
instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close
of escrow. Escrow holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal
Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of
wires.
In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties
agree to proVide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT
INSTRUCTION. FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR
WIRE PLACEMENT.
The following general provisions shall apply in this escrow:
1. Deposit and Disbursement of Funds. Disbursements are ordinarily made by check of Escrow Holder. Escrow Holder
offers its customers the opportunity to transfer funds by wire from its depository bank. Use of a wire transfer may offer benefits
to a party who wishes to more qUickly satisfy an obligation and stop the accrual of additional interest. Escrow Holder will charge
a wire transfer service handling fee for each wire requested. Please let your escrow officer know should you reqUire a wire
transfer of any portion of the escrow proceeds.
2. Prorations and Adjustments. All prorations and/or adjustments called for in this escrow are to be made on the basis of a
thirty (30) day month unless otherwise instructed in writing. At closing, Escrow Holder may adjust estimated amounts and
prorations and other items that may change based on the recording date. In all acts relating, but not limited to fire/hazard
insurance, rents and rental deposits, real property taxes, and interest, Escrow Holder shall presume that the information proVided
to Escrow Holder by the parties to this escrow, or their agent(s), is correct and that insurance premiums have been paid.
LC/lc ::v,,:L,V 2- Page 3 of 5

Escrow Officer: Liz Cohen Escrt"lw No.: 134S00-LC
Property Address: 320 So. Peck Drive Date: November 16, 2007
3. Recordation of Instruments. If necessary or proper for the issuance of the Policy of Title Insurance requested in this
escrow, recordation of any instrument delivered to escrow is authorized. Escrow Holder is further authorized to take any action
necessary to comply with these instructions and the instructions of any lender and to execute any and all documents that may be
necessary or incidental to the carrying out of these instructions.
4. Authorization to Furnish Copies. Escrow Holder is authorized to furnish copies of these instructions and supplements
thereto, notices of cancellation, and closing statements pertaining to this escrow to the real estate broker(s) and lender(s) named
in this escrow.
5. Delivery of Non-Recorded Documents. Upon close of escrow, documents that are not required to be recorded may be
delivered by Escrow Holder by depositing same in the United States Mail, postage prepaid, addressed to the party entitled
thereto, at the mailing address proVided to Escrow Holder.
6. Conflicting Instructions. Upon receipt of any conflicting instructions (other than cancellation instructions), Escrow Holder
is no longer obligated to take any further action in connection with this escrow until further consistent instructions are received
from the parties. Escrow Holder is authorized to hold all monies and/or instruments in this escrow until otherwise directed, either
by the parties' mutual written instructions or by final order of a court of competent jurisdiction. In the event of conflicting claims
to any funds or other documents, Escrow Holder shall have the absolute right, at Escrow Holder's discretion, to file an action in
interpleader requiring the parties to answer and litigate their several claims and rights amongst themselves. Any such action must
comply with the requisite interpleader statutes of the state of California in this regard.
7. Disclosure. Escrow Holder shall have no duty to disclose to any party to this escrow any information, which may come to
Escrow Holder's attention concerning this transaction unless specifically requested to do so by any party.
8. Right of Cancellation. This escrow shall be deemed canceled upon Escrow Holder's receipt of any party's instruction to
cancel the escrow. Upon receipt of a party's instructions to cancel the escrow, Escrow Holder shall distribute Cancellation
Instructions to the parties or to their agents regarding the disbursement of funds in the escrow. Escrow Holder then is no longer
obligated to take any further action in connection with this escrow until receipt of mutual non-conflicting instructions from the
parties. Upon receipt of mutual, non-conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder
shall disburse the funds in accordance with the instructions, less fees and other costs incurred in connection with the escrow. In
the absence of non-conflicting instructions regarding the disbursement of funds in the escrow, Escrow Holder is authorized and
instructed to hold all earnest money funds in accordance with the terms of Paragraph 6 above, but Escrow Holder may distribute
all funds in excess of earnest money to the depositors of the funds or their assignees at Escrow Holder's sole discretion.
9. Entire Agreement and Indemnification. These General Provisions and the joint escrow instructions received and accepted
by Escrow Holder (if applicable), shall be the whole and only agreement between the parties regarding the obligations of Escrow
Holder to complete this escrow and shall supersede and cancel any prior instructions. Escrow Holder shall disregard and assume
no responsibility for complying with any other agreement(s) between the parties, whether or not such agreement(s) have been
made a part of this escrow. To the extent of any conflicts between these General Provisions (including joint escrow instructions, if
applicable) and any other agreement(s) between the parties, these General Provisions (including joint escrow instructions, if
applicable) shall control.
10. Compliance with Regulatory Matters. Escrow Holder is not responsible or liable for determining that there has been
compliance with any matters that are excluded from coverage under the title insurance policy to be issued in conjunction with
close of this escrow including, but not limited to, county or municipal ordinances and state, county or municipal subdivision or
land division regulations or laws. Reference is made to the policy form on file with the Insurance Commissioner of the State of
California and available through the Title Company for the customer's review for a complete statement of such exclusions.
11. Licensee Status. Escrow Holder is not responsible or liable for determining that any person or entity receiving a
commission or other compensation from escrow is currently and regularly licensed, nor for communicating the license status of
any person or entity receiving a commission or other compensation from escrow to the parties herein.

12. Unclaimed Funds. After three (3) years from the deposit of funds into escrow, any amounts thereafter remaining
unclaimed may be escheated to the State of California in compliance with the State of California's Unclaimed Property Law and
Regulations.
13. Fees and Charges. The parties to this escrow agree to pay all charges, billings, advances and expenses, including
cancellation fees, that are properly chargeable to the undersigned, and further to pay any balance for fees, costs or shortages
due in connection with these instructions.
14. Payments From Escrow. Escrow Holder is acting as the disbursing agent of the parties to this escrow for all payments,
such as, but not limited to, commissions, signing service providers, notary fees and termite inspections and/or reports, owed and
15. Inspections. Escrow Holder is relieved of any obligation to order or obtain any of the inspections or reports reqUired by
this transaction.
16. Contingencies. Escrow Holder is relieved of any obligation to monitor, schedule the timing of, or obtain any party's
compliance with, any of the contingencies reqUired by this transaction.
I have read, understand, and agree to the above, acknowledge receipt of a copy of your Privacy Policy Notice and, further
acknowledge that the title company named herein may not disburse funds received in this escrow except in accordance with the
provisions set forth in Section 12413.1 of the Insurance Code of the State of California.
LC/lc "": ..., •...• .L..•

Page 4 of 5

Escrow Officer: Liz Cohen Esr""'w No.: 134S00-LC
Property Address: 320 So. Peck Drive Date: November 16, 2007 . i
BUYER
Nivie Samaan
SELLER
Joseph H. Zernik
Received MARA ESCROW COMPANY
By: Date:

LC/lc
Page 5 of 5

433N Camden
433 N. Camden Drive,
Drive, Suite
Suite S10.
510· Beverly
Beverly Hiils CA.. 90210.
Hills CA 90210. (310)
(310) S5O_7400
550-7400 .• FAX (310) 550-7531
FAX(310)550_7531
ESCROW
ESCROW COMMISSION
COMMISSION INSTRUCTIONS
INSTRUCTIONS
To:
To: Mara
Mara Escrow
Escrow Company
Company
433 N. Escrow
Escrow No.:
No.: 134500_LC
134500-LC
433 N. Camden
Camden Drive,
Drive, Suite
Suite 510
510
Beverly Propefi:
Property: 320.Sô,feck
320 So. Peck Drive,
Drive, Beverly
Beverly Hills,
Hills CA
CA
Beverly Hills,
Hills, CA
CA 90210
90210
90212_3715
90212-3715 '
At
At the
the close
close of
of escrow'
escrow, Escrow
Escrow Holder
Holder is
is hereby
hereb authorized
auth . .
andinstructed
Estate Broker(s) as a Commission for services ~ende o~zedh~nhd Instructed to
to pay
pay the
the following
following licensed
licensed Real
Real
*r,,.r,.,o,nlvo,"uiu
funds due me under the above numbered escrow. re, w IC amount you are u,*,orized
,i'ji:..r#f1:H::f:Tffl:l,Hji*,:::,:il:.,"i, authorized toieJuct
to deduct rrom
from the
the
Pay
Pay Commission
Commission to:
to: Coldwell
Coldwell Banker
Banker
166 $42'950'oo
$42,950.00
North
166 North canon
Canon Drive
Drive
Beverly
Beverly Hills,
Hills, CA
CA 90210
90210
Agent:
Agent: Michael
Michael J.
J. Libow
Libow
Phone:
Phone: (310)273-3113
(310)273-3113
Fax:
Fax: (310)
(310) 278-4934
278-4934
Pay
Pay Commission
Commission to:
to: Gilleran
Gilleran Griffin
Griffin Company
Company $42,950.00
942,950.00
1333 Westwood Boulevard
1333 Westwood Boulevard Suite
Suite 101
101
Los
Los Angeles,
Angeles, CA
CA 90024
90024
Agent:
Agent: Nivie
Nivie Samaan
Samaan
Phone:
Phone:
Fax:
Fa~:
Date: November
Date: November L5,
15, ZOOT
2007 :1
acknowledge that
I acknowledge said broker(s)
that said broker(s) heretofore
heretofore was
was employed
employed byby me
me to
to effect
effect aa sale
sale of the property
of the property described
described
under the above escrow number, that I have agreed
under the above escrow number, that I have agreed to pay
to pay said
said sum
sum toto said
said broker(s)
broker(s) asas their commission for
their commission for
said services, and
said services, that pursuant
and that pursuant to
to said
said employment have produced
they have
employment they produced thethe purchaser
purchaser named
named therein.
therein.
Seller herein agrees

Seller herein agrees that
that Escrow
Escrow Commission
Commission Instructions
Instructions may
may not
not be
be amended
amended or
or revoked
revoked without the written
without the written
consent of Broker(s)
herein.
The undersigned hereby

The undersigned hereby irrevocably
irrevocably assigns
assigns to
to Broker herein aa portion
Broker herein portion of
of their sale proceeds
their sale proceeds equal
equal to
to commission
commission
amounts as set forth above, Saidcommission to be paidat close of this escrow.
SELLER(S):
SELLER(S):
ill
ftntonn,n;^-
1.('W\;J\ , ~
Joseph H.
Joseph H. Zernik
Zernik

L
Tw\ir,li. -..,^L4
433N. camdenDrive,suite5t0 . Beverry
433 N. Camden Drive, Hiils
Suite 510 • Beverly Hills cA.902.10.
CA· (310)
90210· (310) 550-7400 • FAX
ss0_7400 (310)
. FAX 550-7531
(310)55G7531
SPECIAL
SPECIAL SALE
SALE I NSTRUCTIONS
INSTRUCTIONS
TO MARA ESCROW
TO MARA ESCROW COMPANY
COMPANY
Property Address: 320
Property Address: 320 So.
So.
peck
Drive
Peck Drive Escrow
Escrow No.:_----=.c13=-4c..=S.OO-LC
No.: 134S00-LC _
Beverly Hills, CA 9OZI2-37Ls
Beverly Hills, CA 90212-3715 Escrow
Escrow Officer: liz
Officer: Cohen
Liz Cofren
Ou,.'
Date: November 16, 2007_ _~
MARA ESCROW COMPANY ISrsUCENSED

ucENsED BY
BY rHE
THE srArE
STATE oFCAUFORNIA,
OF cAuFoRNrA, DEPARTMENT
DEPARTMENT oFCORPORATIONS,
OF coRpoRArroNs,
Hli&ti,t:H:rigY
LICENSE NO. 963-1155.
BUYER:Nivie
BUYER: Nivie Samaan
5amaan
SELLER: Joseph
5ELLER: Joseph H.H.Zernik
Zernik
:alifornia Residential Purchase Agreement and Joint Escrow Instructions dated d.atedSeptember
September 4,4.2004.
2004.and
andCounterOffer
CounterOffer No.1
No. 1dated
dated
byand
andbetween
;;ffi; ilil ";;J"=,ilffi#:":,"r-.",
:;eptember 10. 2004 and CounterOffer No.2 dated September 11. 2007, by between the
thebuyer
buyerand
andseller
sellerreferenced
referenceaabove,
aUove,
";;"";'in"'i1.i,'"1
l:"',::"-J-.^r.:j""i::.I^!: ::.T:r.r:dwith,.oL tiabtefor,
tmendmentS hereto Yntt arp nnf fn ha aanô'ôA r.,il!. ^- I-Lr- E^- - ' .
3mendments hereto. You are not to be concerned with, or liable for, anymemoranda
any memorunJu o'.other
or other asreeru"tbetween the parties
agreements
l}y|,lffi: ':Jiffj1'j:i,:":?T::.1*:'::r'^T;^"-::r*p.-t:-:1"-transrer
]$:*:::
ortitre.
rfwi;;k#*il;;';&;;ff
3S contained in the attached document, except those relating to the transfer of title. I/we acknowledge receipt of your Privacy i#;
:lolicy
'equired
,aarriraA
-equired of ofthem
themto
nf lh^'-
tobe
bedeposited
deposited
+^ 1^^ -l^-^^:!^l ..-lL - -- - -
you.
withyou.
with
d;#;'';;e;H;r/"ffiffi;l
Notice, and prior to close of escrow, the parties to this transaction will cause any balance of funds due and/or documents
fhe following
fhe follOWing additional
additional termsand
terms andconditions
conditionsshallapply
shall applyininthis
thisescrow:
escrow:
SONSIDERATIONSUMMARY
Paid OutsideEscrow
Escrow 0.00
:laid
:undsOutside $$ 0.00
Through Escrow
=unds Through Escrow $ 172,500.00
$ 172,500.00
ixisting Encumbrances
::xisting Encumbrances 0.00
$$ 0.00
0.00
$$ 0.00
\ew Encumbrances
'Jew Encumbrances 1,288,500.00
$$ 1,288,500.00
257,000.00
$ 257,000.00
0.00
$ 0.00
fotal Consideration
fotal Consideration 1,719,000.00
$ 1,718,000.00
rhese
These Special
Special Sale
Sale Instructions
Instructions are
are intended
intended as
as a
a supplement
supplement to the Residential purchase
the Residential Purchase Agreement
Agreement and
and Joint
Joint Escrow
Escrow
lnstructions.
Instructions.
3lose
:Iose of
of escrow
escrow shall
shall be
be on
on or
or before
before r2lr4l2oo7
12/14/2007 and
and thereafter
thereafter in the
the event
event no written
written demand
demand is
is made
made for
for cancellation.
cancellation.
lhe
fhe undersigned
undersigned Buyer(s)
Buyer(s) shall
shall cause
cause to
to be handed you:
be handed you:
l*)
:*) cashier's
Cashier's check
check or
or wired
wired funds
funds in
in the
the amount
amount required
reqUired to
to close
close escrow
escrow
l*)
:*) Preliminary Change of Ownership
Preliminary Change of Ownership ReportReport
l*)
:*) Glifornia
California Income
Income Tax
Tax Withholding
Withholding Notice
Notice
l*)
:*) Buyer's Estimated Closing
Buyer's Estimated Closing Statement
Statement
:*)
:*) Supplemental
Supplemental Instructions
Instructions
:*)
:*) Executed
Executed loan
loan documents
documents
l*)
:*) Readand approved
Read and approved inspection
inspection and/or
and/orcompletion
completion report(s)
report(s)
Ihe
fhe undersigned
undersignedSeller(s)
Seller(s)shall
shallcause
causeto
tobe handedyou:
behanded you:
:*)
:*) Grant
GrantDeed
Deedininfavor
favorof
ofthe
theBuyer(s)
Buyer(s)
l*)
:*) Selle(s) Estimated Closing
Seller(s) Estimated ClosingStatement
Statement
:*)
i*) Glifornia
CaliforniaIncome
IncomeTax
TaxWithholding
WithholdingNotice
Notice
i*)
:*) IRS
IRSReporting
Reportingforms,
forms,as
asapplicable
applicable
(*)
[*) Read and approved demand(s)
Read and approved demand(s)
(*)
~*)
Read
Readand
andapproved
approvedbill(s)
bill(s)
LEGAL
LEGALDESCRIPTION:
DESCRIPTION: The
Thecomplete
completelegal
legaldescription subjectproperty
descriptionofofsubject propertyshall beprovided
shallbe thepreliminary
providedininthe PreliminaryReport
Reportissued
issuedby
by
theTitle Company.
the Title Company.
Escrow
EscrowHolder
Holderisishereby
herebyinstructed
instructedand
andauthorized
authorizedtotocomplete thevesting
completethe vestingon
onthe
theGrant
GrantDeed,
Deed,over
overSelle(s)
5eller(s)signatures
signaturesthereto,
thereto,
asdirected by Buyer(s).
Exh p 337 EXHIBITS VOL V - RECEIVERSHIP -r,l.iri: L " LS

LC/lc
LC/lc
ZERNIK V CONNOR ET AL Page1 of
1 of5 5
Page
iscrowOfficer:
:scrow Officer: LizCohen
Liz Cohen
>ropergAddress:
)roperty Address: 320So. peckDrive Esr -,ar
Esr· ~!"J No.:
No.: 134500-LC
134500-LC
320 So.Peck Drive
. , Beverly Hills, Date:
Date: November
November 16,
t6, 2007
ZOO7
Beverly Hills, CA90212-3715
CA 90212_3715
ieller(s)understands
;eller(s) ~nderstands andandagrees
agreesthat
that Buyer(s)
Buyer(s)shall
shallcause
causeto to be
be handed
handedto you
youexecuted
executedloan documents in favor of the new
roandocuments
approvat oi the
thei"r', in favorof the new
ender ":,,hlch shall be deemed approval
;ifl:t$:Ti;lof the lender. of il-;;lilns
terms and therein.Escrow
conditions therein. Escrow Holder
Horder is authorized
isauthorized to comply with the
to
nstructlons [:j::med compry withthe
3uye(s)will furnish EscrowHolder

Holderwith
with evidence
evidenceof
of hazard
hazardinsurance
3uyer(s) will furnish Escrow insurance acceptable
acceptable to
to lender.
lender. Escrow
Escrow Holder
Holder isis authorized and
nstructedto payfrom Buyer(s)fundsthe premiumfor same authorized and
nstructe~ to pay from Buyer(s) funds t.he premium for sa~e unless
rropefi is coveredundera masterpolicy,EscrowHolderis
un'es~ a paid
paid receipt
receipt is
is deposited
deposited into
into escrow.
escrow. In In the
the event subject
eventsubject
authorized
Jroperty IS covered under a master POliCY, Escrow Holder IS authOrized and
and instiucted
instructed to
to obtain
obtain a
a certification
certification on behalf of
on behalfof
3uyer(s).
3uyer(s).
3uyer(s)is/are awarethat
3uyer(,s) is/are aw~re that the propertywill
the property will be
be reassessed
reassessed upon
upon change
change of ownership.
ownership. AA supplemental
supplemental tax
tax bi,
bill will
will be received
:hat will reflect an increase or decrease in be received
taxes
:hat Will reflect an Increase or decrease in taxes based
based upon
upon the
the values
values assessed
assessed by
by the
the county.
county.
\ny supplemental taxeswhich

\ny. supp~emental taxes whichmay
maybe
be billed
billed after closingby
after closing by the
the Office of the
the county
County Tax
Tax collector
Collector as
as a
a result
result of
of an
an event
event prior
prior to
:losing will be handled solely betweenthe
:Ioslng Will be handled solely between the buyer
buyerand
and selier
9trigg.gr
seller outside
outside of this
this escrow.
escrow. to
luyer(s)is/areaware
3uyer(s) is/are aware the 1st installment
the 1st installment of
of GENERAL
GENERAL property
property taxes
taxes is
is due
due November
November 1st1st and
and a
a penalty
penalty will
will be
be assessed
assessed if
if not
not
raid by December
Jaid by 10th' The
December 10th. The second
second installment
installment is
is due
due Februiry
February 1st and a penalty
1st and penalty will
will be
be assessed
assessed if
if not
not paid
paid by
by April
April 10th.
10th.
xxx****** PLEASE NOTE*******x
********* PLEASE NOTE********
SOODFUNDS
:iOOD FUNDS LAW
LAW
rursuantto Insurancecode section124r3.I, there

'ursuant to Insurance Code Section 12413.1, there have been guidelines
have been gUidelines set
set which
which require
require the
the holding
holding of
of funds
funds by
by aa TiUe
Title
)ompanyprior
:ompany prior to
to distribution'
distribution. Depending
Depending upon
upon the
the type
type of crrect<(s)
check(s) deposited,
deposited, this
this holding
holding period
period ooild
could d"luy
delay the
the closing
closing of
of your
your
:scrow'
~scrow. In
In the event you
the event you wish
wish to
to wire
wire funds,
funds, rather
rather than
than deposit
deposit a cashier's Check, you
Cashier's Check, you may
may instruct
instruct your
your bank
bank to
to wire
wire the
the funds
funds
.o:
.0:
Sank:
3ank: Comerica
Comerica Bank-California
Bank-California
\ddress:
\ddress: 10900
10900 Wilshire
Wilshire Blvd.
Blvd.
Los
Los Angeles,
Angeles, CA
CA 90024
90024
\BA/RoutingNo.:
121137522
:or
=or Further
Further Credit
Credit to: Mara
Mara Escrow
Escrow Company
Company
\ccount
\ccount No.
No. 1891023507
1891023507
\ttention:
\ttention: Liz
Liz Cohen
Cohen
iscrow
:scrow No.:
No.: 134500
134500
x******x************
********************
/ou
(ou are
are hereby
hereby authorized
authorized and
and instructed
instructed to
to obtain
obtain current,
current, written
written demands
demands forfor the
the satisfaction
satisfaction ofof all
all matters
matters ofof record
record that
that II am
am
.o pay through this escrow' A current demand is defined as a written
:0 pay through this escrow. A current demand is defined as a written demand fordemand payment
for payment thatthat is
is not
not expired
expired or
or that
that will
will not
not
:xpire
~xpire by
by its terms prior
its terms prior to
to the
the close
close of
of escrow
escrow or
or whose
whose date
date of
of issuance
issuance is
is not
not more
more than
than 30 days prior
30 days prior io
to close
close of
of escrow.
escrow. In In
:he
:he event
event aa demand
demand submitted
submitted to to escrow
escrow is
is determined
determined not
not to
to be
be current
current within
within this definition, you
this definition, you are
are fufther
further authorized,
authorized, atat your
your
;ole
;ole discretion,
discretion, toto obtain
obtain an
an updated
updated demand
demand and to pay
and to pay said
said updated
updated demand
demand as as submitted
submitted without
without further
further written or verbal
written or verbal
nstructions
from the undersigned.
/ou
(ou are
are hereby
hereby authorized
authorized and
and instructed
instructed to
to disburse the proceeds
disburse the proceeds due
due the
the undersigned
undersigned Selle(s) as per
Seller(s) as per separate
separate instructions
instructions
3ttached hereto
rftached hereto and
and made part
made aa part hereof.
hereof.
fhe
me within
within instruction
instruction is
is executed
executed in counterpart for
in counterpart the purpose
for the purpose of
of facilitating
facilitating its
its execution
execution by the parties
by the parties hereto.
hereto. The
The
:ounterparts are
:ounterparts are to
to be
be construed and interpreted
construed and interpreted as
as aa single
single document.
document.
3uyer's/Borrower's Vesting
3uyer'siBorrower's Vesting is
is amended
amended as
as follows:
follows:
\ivie Samaan, aa married

'livie Samaan, married woman,
woman, as
as her
her sole
sole and separate propefi
and separate property
:::m OF
:ITY OF BEVERLY HILLS NOTIFICATION:
BEVERLY HILLS NOTIFICATION: In In the
the event the propefi
event the property is
is in
in the
the City
City of
of Beverly Hills, you
Beverly Hills, you shall
shall obtain
obtain and
and submit
submit
\otification of Sale/Exchange of Real Propefi on behalf of Seller and Buyer as required by the City of Beverly
\Jotification of Sale/Exchange of Real Property on behalf of Seller and Buyer as required by the City of Beverly Hills Municipal Code HillsMunicipal Code
iections 9-3.1501, 9-1.102
;ections 9-3.1501, 9-1.102 & 9-2.112, which
& 9-2.112, which notification
notification shallalso
shall also conform
conform to the requirements
to the reqUirements of ofthe
the CiW of Beverly
City of Beverly Hills
Hills relative
relative
:o the requiring
:0 the requiring of smoke detectors
of smoke detectors in
in residential
residential buildings. Seller will
buildings. Seller hand you
will hand you aa properly
properlyexecuted
executed Notification
Notificati?n indicating
in?icati~gthethe
:roperty is in compliance with saidrequirements. Escrow
Jroperty is in compliance with said reqUirements. Escrow Holder's responsibility shall
Holder's responsibility shall be
be limited to filing
limited to the Notification
filing the Notification with
With the
the
)epartment
)epartment of of Building
Building and Safety at
and Safety at the
the close
close of
ofescrow.
escrow.
IERMS OF THE
rERMS OF PURCHASE: The
THE PURCHASE: The terms
terms of the Purchase
ofthe Purchase Price are hereby
Price are herebyamended
amended to
to be as follows:
be as follows:
Money Deposit
Earnest Money
Earnest Deposit $30,000.00
$30,000.00
Balance of
Balance Down Payment
of Down Payment $142,500.00
$142,500.00
New lst Loan
New 1st Loan $1,288,500.00
$1,288,500.00
New 2nd Loan
New 2nd Loan $257,000.00
$257,000.00
TOTAL CONSIDERATiON
$1,718,000.00
BUYER'S CLOSING COSTS:

BUYER'S CLOSING COSTS: At
At the
the close
close of
ofescrow,
escrow, Escrow
Escrow Holder
Holderis
is hereby
herebyauthorized and instructed
authorized and instructedto
todebit
debitthe
theSeller
Sellerand
and
Exhthe
:redit
:redit p Buyer
the 338 an amount not to exceedEXHIBITS
Buyer an amount not to exceed $34,360.00, VOLamount
which
$34,360.00, which V - RECEIVERSHIP
amount Buyer
Buyershall
shall apply
applytowards
towards Buyer's
Buyer'sClosing
Closing Costs.
Costs.
ZERNIK V CONNOR ET :.hibij
AL
_(lie ' .... Z
'::.'.vHh;V '.. ~nr" Z(O
2- nrrr- Z tp Page of55
Page22of
Escrow
Escrow Officer:
Officer: Liz
Liz Cohen
Cohen
Property
Property Address:
Address: 320So. peckDrive
So.Peck Esr'.wNo.:
Esr··"lw No.: 134500-LC
134500-LC
320 Drive 1 ".
~\
Beverty Hills, CA
Date: November
Date: November L6,2007
16, ZOO7
9O2IZ-37Ii
REPoRTS
ANDWARRANTY
~;~~T;
Report'a¢;~i:AI~:~~::~VpE~
TermiteInspectionReportBY
and
BUYER: kB~Yde~
WAIVEDBYBUYER'
PYy:,'hereby waives
hereby waives
d anywork indicatediy
therequirement
the requirement toreceive
to receiveaaNatural
Naturar Hazard
Hazard Disclosure
Discrosure
0 an any wor In Icated by such suchreport,
report,and
andHome
HomeWarranty
warrantyplan ptan.These
ineseitems
itemsare
, , "
herebv areher b
hereby
deleted .In th~lr entirety. Buyer hereby releases
releases andrelieves
and relievesElcrow
Escrow Hotdei
Holder of
of rno
any and all
ailliability
tiabitityand/'or
and/or respo 'b""ty' e y
351""t51,i"t1il:H::*ite;:f|,
connection with these items. "nv responsibitity
nSI I I Inin
SAVINGS ACCoUNT: Thelaw

lawconcerning
concerning thedisbursement
disbursement of funds
fundsrequires
requires thatall
SAVINGS ACCOUNT: The the of that allfunds
fundsmust
mustbe beavailable
availabte for
forwithdrawal
withdrawal by
by
and from the account of the escrow entity prior to the disbursement
and from the account of the escrow entity prior to the disbursement of any of anysuch
suchfunds.
funds.Only
onlycashcashor
or wire
wiretransferred
transferred funds
funds can
can
be considered immediately available ondeposit.
deposit.Cashiers
cashiers checks, tellerschecks
checks andcertified
be 70nsidered immediate.ly available on checks, tellers and certifiedchecks
checksmay
maybebeavailable
availableone
one
business day after deposit' All other funds are subject to mandatory
bUSiness day after depOSIt. All other funds are subject to mandatory holding periodswhich
holdingperiods whichmay
maycause
causedelays
delaysin inclosing
closingthis
this
escrowand
escrow andthe
thedisbursement
disbursement of funds.
of funds.In In order
ordertoto_avoiddelays,
avoid pleaseconsider
delays,please cotisid"rthat
thatall
allfundings
fundingsand/or
and/ordeposits
deposits should
should be
be
madeby
made bywire
wiretransfer.
transfer.Outgoing
outgoingwire
wiretransfers
transfers willbe
will beauthorized
authorized onlyupon
only uponconfirmation
confirmation of
of the
therespective
respective incoming
incoming wire
wire
transfer(s)
transfer(s) or of
or of the
theimmediate
immediate availability
availability of any
of anydeposited
deposited checks,
checks.
Deposited
Deposited FundsGenerally
Funds GenerallyBearNo
Bear NoInterest
Interest
Allfunds
All fundsreceived
received inthis
in thisescrow
escrowwill
willbe
becommingled
commingled anddeposited
and deposited withother
with otherfunds
fundsfrom
fromother
otherescrows
escrowsin in aa general
generalescrow
escrow
account or accounts
account or accounts at at the
the discretion
discretion andin
and inthe
the name
nameof of Mara
MaraEscrow
EscrowCompany
Company withany
with anystate
stateor
or nationalbankor
national bank or savings
savingsand
and
loanassociation
loan association ("depository
("depository institution[s]land
institution[s]") andmay
maybe betransferred
transferred to any
to anyother
othersuch generalaccount
suchgeneral accguntor or accounts.
accounts.The Theparties
parties
to this
to thisescrow
escrowacknOWledge
acknowledge andagree
and agreethat
thatthe
the maintenance
maintenance of such
of suchescrow
escrowaccounts
accounts with certain
with certaindepository
cJepository institutions
institutions may
may
resultin
result in the receiptby
the receipt by Mara
MaraEscrow
EscrowCompany
Company of variousbank
of various bankservices,
services, accommodations
accommodations and/orotherbenefitsfromthe
and/or other benefits from the
depository
depository institutions.Mara
institutions. MaraEscrow
EscrowCompany
Company or its
or itsaffiliates
affiliatesmay
mayelect
electtoto enter
enterinto
intoother
otherbusiness
business arrangements
arrangements or
or transactions
transactions
with or to obtain loans for investment or other purposes
with or to obtain loans for investment or other purposes from fromsuch
suchdepository
depository institutions.All
institutions. Allsuch
suchservices,
services, accommodations
accommodations and
and
otherservices
other services shallaccrue
shall accruetoto Mara
MaraEscrow
EscrowCompany
Company or its
or itsaffiliates,
affiliates,whoshall
who shallhave
havenono obligations
obligations to
to account
accountto to the partiesto
the parties to this
this
escrowfor
escrow for the valueof
the value of such
suchservices,
seruices, accommodations
accommodations or other
or otherbenefits.
benefits.
B. Option
B. OptionFor
ForInterest
InterestBearing
BearingAccount
Account
Fundsdeposited
Funds depositedinto
intoescrow
escrowshall
shallnot
not earn
earninterest
interestunless
unlessthe partiesexecute
the parties executeinstructions
instructions specifically directingMara
specifically directing Mara Escrow
Escrow
Company to deposit such funds in an interest bearing account. Upon
Company to deposit such funds in an interest bearing account. Upon receipt receipt of suchfully
such fully executed instructions
executed instructions along
along with
with an
an
executedForm
executed FormW-9
W-9 from
fromthe
the Buyer,
Buyer,Mara
MaraEscrow
EscrowCompany
Company will placeBuyer's
will place Buyer's initial depositand
initial deposit and any
any subsequent
subsequent deposits in an
deposits in an
interestbearing
interest bearingaccount
accountinin the nameof
the name MaraEscrow
of Mara EscrowCompany
Company as Trusteefor
as Trustee for the
the escrow
escrow inin question
question (134500-LC)
(134500-LC) with
with Comerica
Comerica
Bank-California,
Bank-California, 10900Wilshire
10900 WilshireBlvd.,
Blvd.,Los
LosAngeles, CA90024.
Angeles, CA 90024. Until
Untilsuch
such time
time asas escrow
escrow is in a position
is in position to disburse
disburse or close
close
escrowas
escrow providedherein,
as provided herein, any accruedinterest
any accrued interestshall be credited
shall be credited to the
the account
account of thethe Buyer
Buyer herein.
herein. Buyer
Buyer acknowledges
acknowledges that
that
there
there shall be a
shall be a service
service charge
charge to the
the Buyer
Buyer for
for the
the servicing
servicing of said
said interest
interest bearing
bearing account.
account. In addition, within parties
the within
addition, the parties
hereby
hereby acknowledge
acknowledge their
their awareness
awareness of the
the fact
fact that
that the
the Federal
Federal Deposit
Deposit Insurance Corporation (FDIC)
Insurance Corporation (FDIC) only
only insures
insures depositors
depositors up
up
to
to $100,000.00.
$100,000.00.
.., I
,
Fufther, Escrow Holder
Further, Escrow Holder will be given
will be or provided
given or proVided reasonable
reasonable notice
notice and
and time
time to comply
comply with
with any
any instructions
instructions for bank wires to .' ''
bank wires
process
process and complete this
and complete this escrow.
escrow. Accordingly,
Accordingly, Escrow
Escrow Holder's
Holder's sole
sole duty and responsibility
duty and responsibility shall
shall be to place
be to place said
said wire
wire transfer
transfer
instructions with its wiring bank upon confirmation
instructions with its wiring bank upon confirmation of (1) satisfaction
(1) satisfaction of conditions precedent
conditions precedent or (2) document
document recordation
recordation at close
close
of
of escrow. Escrow holder
escrow. Escrow holder will
will NOT
NOT be
be held
held responsible
responsible for
for lost
lost interest
interest due
due to wire
wire delays
delays caused
caused by any
any bank
bank or the
the Federal
Federal
Reserue System, and
Reserve System, and recommends
recommends that all parties
that all parties make
make themselves
themselves aware
aware of banking
banking regulations
regulations with regard to placement
with regard placement of
wires.
wires.
In the event there

the event there is
is insufficient
insufficient time to place
time to place a wire
wire upon
upon any
any such
such confirmation
confirmation or
or the
the wires
wires have
have closed
closed for
for the
the day, the parties
day, the parties
agree to provide
agree to provide written
written instructions
instructions for
for an
an alternative
alternative method of disbursement.
method of disbursement. WITHOUT
WITHOUT AN AN ALTERNATIVE
ALTERNATIVE DISBURSEMENT
DISBURSEMENT
INSTRUCNON. FUNDS WILL
INSTRUCTlON. FUNDS WILL BEBE HELD
HELD IN TRUST
TRUST IN A A NON-INTEREST
NON-INTEREST BEARING
BEARING ACCOUNT
ACCOUNT UNTIL
UNTIL THE
THE NEXT
I\lEXT OPPORTUNTTY
OPPORTUNTIY FORFOR
WIRE
WIRE PLACEMENT.
PLACEMENT.
The follOWing general

The following general provisions
provisions shall apply in
shall apply in this
this escrow:
escrow:
l.1. Deposit and

Deposit and Disbursement
Disbursement of of Funds.
Funds. Disbursements
Disbursements are
are ordinarily
ordinarily made
made byby check
check ofof Escrow
Escrow Holder.
Holder. Escrow
Escrow Holder
Holder
offers its customers the opportunity to transfer funds by wire from its depository bank.
offers its customers the opportunity to transfer funds by wire from its depository bank. Use of Use wire
of aa wire transfer
transfer may
may offer
offer benefits
benefits
to aa party
to who wishes
party who wishes to more quickly
to more satisfy an
qUickly satisfy an obligation
obligation and
and stop
stop the
the accrual
accrual of
of additional
additional interest.
interest. Escrow
Escrow Holder
Holder will
will charge
charge
aa wire
wire transfer service handling
transfer service handling fee
fee for each wire
for each wire requested.
requested. Please let your
Please let your escrow
escrow officer
officer know should you
know should you require
require aa wire
wire
transfer
transfer of any portion
of any portion of
of the escrow proceeds.
the escrow proceeds.
2.
2. Prorations and
Prorations Adjustments. All
and Adjustments. All prorations
prorations and/or
and/or adjustments
adjustments called for in
called for in this
this escrow are to
escrow are be made
to be made on on the
the basis
basis of
of aa
(30) day month
thirty (30) day
thirty month unless
unless otherwise instructed in writing.
otherwise instructed in writing. At At closing,
closing, Escrow Holder may adjust
Escrow Holder may adjust estimated
estimated amounts
amounts andand
prorations
prorations and other items
and other items that
that may
may change
change based
based on on the
the recording
recording date.
date. In
In all acts relating,
all acts relating, but
but not
not limited
limited to
to fire/hazard
fire/hazard
insurance,
insurance, rents and rental
rents and rental deposits, real propefi
deposits, real property taxes,
taxes, and
and interest,
interest, Escrow
Escrow Holder shall presume
Holder shall presume that
that the information provided
the information provided
to Escrow Holder by the parties to this escrow, or their agent(s), is premiums paid.
Exh p 339
to Escrow Holder by the parties to this EXHIBITS VOL V - RECEIVERSHIP
escrow, or their agent(s), is correct
correct and
and that
that insurance
insurance premiums have
have been
been paid.
LC/tc
LC/lc
ZERNIK V CONNOR ET.i.\rhri
AL
;:X";h" Z ;"'-".' n1-7
2-- =*.,, Page
Page 33of
of55
Escrow
Escrow Officer:
Officer: Liz
Liz Cohen
Cohen Escrnw
Esc'nwNo.:
No.: 134S00-LC
134500-LC
Property
Property Address:
Address: 320So.
320 So.Peck
Peck Drive
Drive Date: November
Date: November16, 2007
16,2007
Beverly
Beverly Hills,
Hills, CA90212-3715
CA 902I2-37Ls
3.3. Recordation
Recordation ofofInstruments.
Instruments. IfIfnecessary
necessary or proper
orproper forthe
for theissuance
issuance ofthe
of thePolicy
PolicyofofTitle
TitleInsurance
Insurance requested
requested ininthis
this
escrow'
escrow, recordation
recordation ofany
of anyinstrument
instrument delivered
delivered totoescrow
escrow isisauthorized.
authorized, Escrow
Escrow Holder
Holder isisfurther
furtherauthorized
authorized to
to takeanyaction
take any action
necessary
necessary totocomply
comply withthese
with theseinstructions
instructions andthe
and theinstructions
instructions ofany
of anylender
lender andtotoexecute
and any
anyand
andall
alldocuments that
thatmay
execute documents maybe
be
necessary
necessary or incidental
orincidental totothe
thecarrying
carrying outofofthese
out theseinstructions.
instructions.
4.4' Authorization
Authorization totoFurnish
Furnish Copies'
Copies. Escrow
Escrow Holder
Holder isisauthorized
authorized tofurnish
to furnishcopies
copiesofofthese
theseinstructions
instructionsand
andsupplements
supplements
thereto,
thereto, notices
notices ofcancellation,
of cancellation, andclosing
and closing statements
statements pertaining
pertaining tothis
to thisescrow
escrowto the realestatebroker(s)
to the real estate broker(s) and
andlender(s)
lender(s)named
named
ininthis
thisescrow.
escrow.
5.5' Delivery
Delivery ofNon-Recorded
of Non-Recorded Documents.
Documents. Uponclose
Upon closeof
ofescrow,
escrow, documents
documents that
thatare
arenot
notrequired
requiredto
tobe
berecorded
recorded may
maybe
be
delivered by Escrow Holderby depositing sameininthe
delivered by Escrow Holder by depositing same theUnited
United States
States postage
Mail,postage
Mail, prepaid,
prepaid, addressed
addressed to
tothe
theparty
partyentitled
entiged
thereto,
thereto, atthe
at themailing
mailing address
address provided
provided toEscrow
to Escrow Holder.
Holder.
6.6. Conflicting
Conflicting Instructions.
Instructions. Uponreceipt
Upon receipt ofany
of anyconflicting
conflicting instructions
instructions (otherthan
(other thancancellation
cancellation instructions),
instructions), Escrow
Escrow Holder
Holder
isisno
nolonger
longerobligated
obligated totake
to takeany
anyfurther
furtheraction
actionininconnection
connection withthis
with thisescrow
escrowuntil
untilfurther
furtherconsistent
consistent instructions
instructions are received
are received
fromthe
from parties.
theparties. Escrow
Escrow Holderisisauthorized
Holder authorized tohold
to holdall
allmonies
monies and/orinstruments
and/or instruments inthis
in thisescrow
escrowuntil
untilotherwise
otherwise directed,
directed, either
either
bybythe parties'mutual
theparties' writteninstructions
mutual written instructions orby
or byfinal
finalorder
orderofofaacourt
courtof
ofcompetent
competent jurisdiction.
jurisdiction. In the event of conflicting claims
In the eventof conflictingclaims
totoany fundsor
anyfunds orother
otherdocuments,
documents, Escrow
Escrow Holdershall
Holder shallhave
havethe
theabsolute
absolute right,at
right, at Escrow
Escrow Holder's
Holder's discretion,
discretion, to
tofile
filean
anaction
a&ioninln
interpleader
interpleader requiring
requiring the partiesto
theparties toanswer
answerandandlitigate
litigatetheir
theirseveral
several claimsand
claims and rightsamongstthemselves.
rights amongst themselves. Any
Anysuchactionmust
such action must
complywith
comply withthe
therequisite
requisite interpleader
interpleader statutes
statutes ofthe
of thestate
stateof
ofCalifornia
California in this regard.
in this regard.
7.7. Disclosure.
Disclosure. Escrow
Escrow Holdershall
Holder shallhave
havenonoduty
dutyto
todisclose
disclose to any
to partyto
anyparty to this
thisescrow
escrowany
anyinformation,
information,which
whichmay
maycome
cometo
to
EscrowHolder's aftentionconcerning
Escrow Holder's attention concerning thistransaction
this transactionunlessspecifically
unless specifically requested
requested to do
to doso
soby
byany party.
anyparty.
B.
8. Rightof
Right ofCancellation.
Cancellation. Thisescrow
This escrowshall
shallbe
bedeemed
deemedcanceled
canceled uponEscrow
upon Escrow Holder's
Holder's receiptof
receipt of any party'sinstruction
anyparty's instruction to
to
cancelthe
cancel theescrow.
escrow.UponUponreceipt
receiptof party'sinstructions
of aa party's instructions to cancel
to cancelthe theescrow,
escrow,Escrow
EscrowHolder
Holdershall distribute Cancellation
shalldistributeCancellation
Instructions
Instructions to the
to partiesor
theparties or to
to their
theiragents
agentsregarding
regarding thedisbursement
the disbursement of funds
of fundsininthe
theescrow.
escrow.Escrow
EscrowHolder
Holderthen
thenisis no
no longer
longer
obligated
obligated to take
to takeany
anyfurther
furtheraction
actionin in connection
connection withthis
with thisescrow
escrowuntiluntilreceipt
receiptof
of mutualnon-conflicting
mutual non-conflicting instructions
instructions from
fromthe
the
parties'Upon
parties. Uponreceipt
receiptofof mutual,
mutual,non-conflicting
non-conflicting instructions
instructions regarding
regarding thedisbursement
the disbursement of funds
of fundsinin the
the escrow,
escrow,Escrow
EscrowHolder
Holder
shalldisburse
shall disburse thefunds
the fundsininaccordance
accordance withthe
with theinstructions,
instructions, lessfees
less feesand
andother
othercosts
costsincurred
incurredinin connection
connection with
with the
the escrow.
escrow.In In
the absence of non-conflicting instructions regarding
the absence of non-conflicting instructions regarding the the disbursement
disbursement of funds
of fundsinin the
theescrow,
escrow,Escrow
EscrowHolder
Holderisis authorized
authorized and
and
instructed
instructed to hold
to holdall
allearnest
earnestmoney
moneyfundsfundsinin accordance
accordance withthe
with the terms
termsof of Paragraph
Paragraph 66 above,
above,but
but Escrow
EscrowHolder
Holdermaymaydistribute
distribute
all funds in excess of earnest
all funds in excess of earnest money moneyto to the
thedepositors
depositors of the
of the funds
fundsoror their
theirassignees
assignees at Escrow
at EscrowHolder's
Holder'ssole
solediscretion.
discretion.
9.
9. EntireAgreement
Entire Agreement andIndemnification.
and Indemnification. TheseGeneral
These GeneralProvisions
Provisions andthe
and joint escrow
the joint escrowinstructions
instructionsreceived
receivedand accepted
and accepted
by Escrow Holder (if applicable),
shallbe
by Escrow Holder (if applicable), shall be the wholeand
the whole andonly
onlyagreement
agreement betweenthe
between partiesregarding
the parties regardingthe
the obligations
obligations of
of Escrow
Escrow
Holderto
Holder to complete
completethis thisescrow
escrowand
andshall
shallsupersede
supersede andcancel
and cancelany priorinstructions.
anyprior instructions. EscrowHolder
Escrow Holdershall disregard and
shalldisregard and assume
assume
no responsibility
no responsibility for complying
for complying withany
with anyother
otheragreement(s)
agreement(s) betweenthe
between parties,whether
the parties, whetheror or not such agreement(s)
not such agreemen(s)have have been
been
made partof
madeaa part of this
thisescrow.
escrow.To
To the
the extent
extentof
of any
anyconflicts
conflictsbetween
betweenthese
theseGeneral
GeneralProvisions
Provisions (including
(including loint
joint escrow
escrow instructions,
instructions, if
if
applicable) and any otheragreement(s) between the parties,
applicable) and any other agreement(s) between the parties, these GeneralProvisions
these General Provisions (including
(including ioinfescrow
joint escrow instructions, if
instructions, if
applicable)
applicable) shallcontrol.
shall control.
10.
10. Compliance
Compliance with Regulatory
with Regulatory Matters.Escrow
Matters. EscrowHolder
Holder isis not
not responsible
responsible or liable
liable for determining
determining that
that there
there has
has been
been
compliance with any matters that are excludedfrom
compliance with any matters that are excluded from coverage
coverage under
under the
the title insurance policy
title insurance policy to be
be isiued
issued in
in conjunction
conjunction with
with
closeof
close of this
thisescrow
escrowincluding, but not
including, but not limited
limited to,
to, county
county or municipal
municipal ordinances
ordinances and and state,
state, county
county or municipal
municipal subdivision
subdivision or
or
landdivision
land divisionregulations
regulations or
or laws.
laws. Reference
Reference isis made the poliry
made to the policy form
form onon file
file with
with the
the Insurance
Insurance Commissioner
Commissioner of of the
the State
State of
of
California
California and
and available
available through
through the
the Tltle
Title Company
Company forfor the
the customer's
customer's review
review forfor a complete
complete statement
statement ofof such
such exclusions,
exclusions.
11.
11. Licensee
Licensee Status'
Status. Escrow
Escrow Holder
Holder is
is not
not responsible
responsible or liable
liable for determining
determining that any person
that any person or entity
entity receiving
receiving aa
commission or other compensation from escrow
commission or other compensation from escrow is is currently
currently and
and regularly
regularly licensed,
licensed, nor
nor forcommunicating
for communicating inethe license
license status
status of
of
any person
any person or
or entity
entity receiving
receiving a
a commission
commission or other
other compensation
compensation fromfrom escrow
escrow to the parties
to the parties herein.
herein.
72.
12. Unclaimed Funds.
Unclaimed Funds. After three (3)
After three (3) years
years from
from the
the deposit of funds
deposit of funds into
into escrow,
escrow, any
any amounts
amounts thereafter
thereafter remaining
remaining
unclaimed may be escheated
unclaimed may be escheated to
to the
the State
State of
of California
california in
in compliance
compliance with
with the
the State
State of
of California's Unclaimed property
california's Ltnclaimed Property LJw
Law and
and
Regulations.
Regulations.
13.
13. Fees
Fees and
and Charges' The parties
Charges. The parties to
to this
this escrow
escrow agree to pay
agree to pay all
all charges,
charges, billings,
billings, advances
advances and
and expenses,
expenses, including
including
cancellation
cancellation fees,
fees, that are properly
that are properly chargeable
chargeable to to the
the undersigned,
undersigned, and
and further to pay
further to pay any
any balance
balance for
for fees,
fees, costs
costs or
or shortaqes
shortages
due in
due in connection
connection with
with these
these instructions.
instructions.
14.
14. Payments
Payments From
From Escrow.
Escrow. Escrow
Escrow Holder
Holder is
is acting
acting as
as the
the disbursing
disbursing agent
agent of the parties
of the parties to
to this
this escrow
escrow for all payments,
for all payments,
such
such as,
as, but not limited
but not limited to,
to, commissions,
commissions, signing service providers,
signing service proViders, notary
notary fees
fees and
and termite
termite inspections
inspectIons and/or
and/or reports,
reports, owed
owed and
and
15.
15. Inspections.
Inspections. Escrow
Escrow Holder
Holder is
is relieved of any
relieved of any obligation
obligation to
to order
orderor
or obtain
obtain any
any of
ofthe
the inspedions
inspections or
or repofts
reports required
required by
by
this
this transaction.
transaction.
16.
16. Contingencies.
Contingencies. Escrow
Escrow Holder
Holder is
is relieved
relieved of
ofany
any obligation
obligation to
to monitor,
monitor, schedule
schedulethe
the timing
timing of,
of, or
orobtain any pafi's
obtain any party's
compliancewith, any of the
compliance With, any of the contingencies required
contingencies reqUired by
by this
this transaction.
transaction.
II have
have read,
read, understand,
understand, and and agree
agree to
to the
the above,
above, acknowledge
acknowledge receipt
receiptof
ofaacopy
copyofofyour
yourPrivacy
PrivacyPolicy
PolicyNotice
Noticeand,
and, further
further
acknowledge that
acknowledge that the
the title
title company
company named
named herein
herein may
may not
notdisburse
disbursefunds
funds received
received in
inthis
thisescrow
escrowexcept
exceptin
inaccordance
accordancewith
withthe
the
provisions set forth
provisions set forth in
in Section
Section t24I3.I
12413.1 ofofthe
the Insurance
InsuranceCode
Codeofofthe
theState
Stateof
ofCalifornia.
California.
LC/lc
LC/lc ZERNIK V CONNOR ET AL Z,-r^-n8 Page
Page44ofof55
Escrow
Escrow Officer:
Officer: LizCohen
PropertyAddress: Liz Cohen Esr""'N No.:
Esr*'rru No.' 134S00-LC
134S00-LC
Property Address: 320320
So.So.
PeckPeck Drive
Drive Date:
Date: November 16,16,
2007 /
Beverly Hills,CA 902l2-37ts November ZOO7
BUYER
BUYER
NivieSamaan
Nivie Samaan
SELLER
SELLER
Joseph H. Zernik
ReceivedMARAESCROW COMPANY
Received MARA ESCROW COMPANY
By:
By: Date:
Date:

LCllc
LC/lc
ZERNIK V CONNOR i:.yq,,:,,i
ET AL L,*r,,,,2? Page 5 of 5
Page 5 of 5
DEPARTMENT OF BUILDING AND SAFETY RONALD B. CLARK, Director
455 North Rexford Drive (310)285-1140
Beverly Hills, California 9021 0-4817 FAX: (3 J0) 273-0972
CITY OF BEVERLY HILLS
AFFIDAVIT
RE: SALE OR EXCHANGE OF REAL PROPERTY IN BEVERLY HILLS
The undersigned, hereby states and declares, under penalty of perjury in accordance with the laws of the State of
California, that the information provided on this form is true and correct.
Address of property sold or exchanged 320 So. Peck Drive, Beverly Bills, CA 90212
Date of sale or exchange
Smoke Detectors have been installed as

Per Municipal Code Requirements YES [ ] **NO [ ]
PREVIOUS OWNER NEW OWNER
NAME: JoseEh B. Zernik Nivie Samaan
ADDRESS:
CITY/STATE:
TELEPHONE:
"NOTE: A permit to install smoke detectors must be applied for with-in 30 days from the date of sale.
For further information, p lease contact the Department of Building and Safety.
Based on the information provided in this Affidavit, the Department of Building and Safety may choose not to inspect the
premises to verify that smoke detectors are properly installed.
Name and address of person or agency required to file this report. 7'r----=-----:-----------
SIGNATURE OF §ELLER W ,~ )
~
F046915Z
2... 30
November 16, 2007
Union Bank of California
Re: Escrow No.: 134500-LC
Loan No.: 683 001249128
Property Owner: Joseph H. Zernik
Property: 320 So. Peck Drive Beverly Hills, CA 90212-3715
Ladies and Gentlemen:
You are authorized to furnish a payoff demand for the above referenced loan to the
following:
MARA ESCROW COMPANY
433 N. Camden Drive, Suite 510
Attn: Liz Cohen
REFERENCE: Escrow No.: 134500-LC
Please issue said demand as quickly as possible. Thank you for your attention.
Seller(s)
MJ.~. (h.u',~
Joseph H. Zernik
! ·~,..l~~/'> ..) .:.!i,

.:~:~ :~: "! ~ : r .~) ;
Exh p 343 EXHIBITS VOL V - RECEIVERSHIP Z ~I
433 N. Camden Drive, Suite 510 • Beverly Hills CA' 90210' (310) 550-7400 • FAX (310) 55Q..7531
INFORMATION REQUEST
RE: Escrow No.: 134500-LC

Escrow Officer: Liz Cohen
Property: 320 So. Peck Drive Beverly Hills, CA 90212
In order for us to obtain statements of account from your existing lender(s) or homeowner's
association, please provide us with the following information on your accounts. We must have
accurate and complete information in order to close your escrow in a timely manner. Please fill out
and return this form as soon as possible, using an attached page if additional room is needed.
FIRST TRUST DEED

Lender Name _
Address, _
Loan Number Est. Balance $ _
Telephone _
SECOND TRUST DEED Equity Credit Line? _ _ YES _ _NO

Lender Name _
Address ~_
Loan Number Est. Balance _

Telephone _
Paid in full through escrow: YES; or
Remain on property and be subordinated to new loan: YES
THIRD TRUST DEED Equity Credit Line? _ _ YES _ _NO
Lender Name _
Address _
Telephone _
FOURTH TRUST DEED Equity Credit line? _ _YES _ _NO
Lender Name _
Address _

Telephone _
HOMEOWNER'S ASSOCIATION (if applicable)

Association Name
Management Co. Name _
Address, _
Account Number Phone No. _
2- ~~

LC/lc ZERNIK V CONNOR ET AL Page 1 of 2
ADDITIONAL HOMEOWNER'S ASSOCIATION (if applicable)
Association Name _
Address _
ADDITIONAL HOMEOWNER'S ASSOCIATION (if applicable)

Association Name _
Address _
Water Company:
Is there a water company affecting subject property? _ _YES _ _NO
If so, please provide the following:
Water Company Name:
Address: _
Phone Number:
Number of Shares:
Construction on Property
Has there been any construction on the property in the past 90 days? _ _YES _ _NO
If yes, please describe _
Our signatures on this form are to be considered instructions for obtaining payoff and/or
information statements from the above named companies as may be required by Escrow
Holder and/or Title Company, and authorization to collect fees for same through escrow.
Please provide your forwarding address below, if applicable, so funds or documents may be sent to
you after close of escrow:
Telephone:
.
(\j\ J ,CvvJ\ r ~
Joseph H. Zernik
Social Security No.
2- 33

LC/lc ZERNIK V CONNOR ET AL Page 2 of 2
-.-.
:-:-:
:::::
CREDIT
UNION
F\..E:-:£FIClARY DEMAND ~O\'f'mber 30,2007
YOrR ESCROW # 134500-LC OUR ACCOUNT # 302780
Ar'IENTIO~: U7. Cohen FAX: 310-550-7531
\Ve are the legal owner and holder offhe Kate secured by Deed of Trust dated in the
original amount $100.000 executed by VSC Credit Union recorded on Unknown as
document # Unknown Official Records, Los Angeles County.
The [lrincipal balance on the loan is: 100,733.52 Interest, thereon. at 7.75% per annum
from ~OHmbcr 30, 2007. Loan payoff $101,240.27. good through December 14,
2U07. Loan demand and reconveyance fee $75.00, please add to loan payoff.
_ x_If checked. this horne equity line of credit has been frozen. No further advances
W1: 1be
granted.
N,so note that we arc to be at no expense In connection with thi~ :rallsact\on.
Ung;nal documents will be fOfw:m1cd to the Tru3t Deed Co for reconveyance after
,-cJlnptete payoff has been received.
For cllcstions, verification, or confilmation of payoff figures. you MUST contact the Real
Estate Loan Department only at 1213) 821·7100 x5
Send ;,aymcnt to; 3720 South Flower Street, CUB 4'~ Floor. Los Angeles, CA 90089,
attn: R.E. Payoff Dept Please note: paymell(slfulldJ cal/not be wired.
You may waive our interest m any Insurance policies at the close oryour transaction,
provlded ,hat you have met the tenns of thIs demand.
"'--- S il'-"7'( ~
LSCCredit~

--- -----~---------
.. _~ ----
Rcal Estate Department
\PPRUV!!) ,'I ;f{ :",Y\lF"-!
3 ?'-f

••
• • a-
••
•••••
•• •
••••• Real Estate Loan Servlclns
·,ONION 8155 Mercury Cou'1 M-904
BANK OF Sa:") Diego, CA 92111-5443
CALIFORNIA rrc~e ,856 ' '196-55.1'

Fax il58' 496-5~;9
,NV NO; :')05CS

LOAt-I TYpE Cor~~'lliorai
~ARAESCROW ORDER It:
eSCROW co
ARM lOAN YFS
IN1ERCSTRAiE.: ~:EV)J
ESCROW": 134500-LC
~ rrN L17 COf-<E'<

ARM NF:XT 'N r ,\0. 12,:'.'"2
fInN
r'PP CODE: (1
1~13C,2:JO?
~ENEFICIARY'S
1228PM
DEMAND
PRoPER!l, 320 SOU Tl-' pECK DRIVE
lOUR LOAN :-.iCl' :)01249128 BEVERLY HILLS, CA 902'2
BORROWER lERN,K JOStPH II
IMPORTANT MESSAGE: Unton Bank of California, N.A. will instruct the trustee to record a full reconveyance
unless contrary written instructions are received by Union Bank 01 California, N.A. at the time 01 payoff, Both
reconveyance fee and recording fee must be remitted to Union Bank of California, N,A.
S 168,000 00
'principal BaJarce Paid 10 12/01 '01 $ ,110 ,17
Interest From 12,01'07 to 11/30/2007 S

J 00
Prepayment r'en3~ty $ 'lOa
, 'I'ro RatOl 1\11'1,11 or PMJ PremlUI'l $ 000
'A & II 1 Ufe Pramlum 5 :) 00
I- SClDW Advance $ o UO
Lille Charge on Past Due Payments (Add $166,00 to any p<>ymenl not paid w,tllIn
With'n 15 days of ,15 due dale,)
$ oeD
~,scellanp.ous Fees (NSF etc,) ::; ,~s 00
r~econ~ey,H,ce or Release Fee S

\i CO
Recarding I-ee 031 (lOS Argeles) $ 30 no
Demana ree ~ OUO

Amendedl\Jnp;)I(j DemOlnd Fees :, 0:)0
Processing/Other F~e
$ 767 9 i'3 53
rurAL AMOlJN1 DUE PLUS ADDITIONN INl EREST IF APPLICABLE (see belOW)
ie, accordance wl~h your request to plepay the abo~e loan, you ~re authoflzed to use said docume!nts pro~lded you can pay
, uS the SJm of $76-"973,53 p"JS any 'lddltional interest due folallnteresl ,s to be c:alc.llaled at $3.360 00 lor full mooths
frem 1ZJC' (07 ard at $110 47 per day for partia: months through date payment leachi=!s us at our address alJove, Tf']e per
~iem tlgules w" aetermlncd are basl"d Dn a 365 day calcu!;;tlon
I
fire Insurance Policy or Pohcles descnbed below on whlc" you are authorIZed and In<;trucled 10 waive our Inleces! upon
p<,yrnenl of this demand IS Wing held pendirg close of escrow Recoflveyance will be (rJrwarded upon recept 0' payoff '0
founty for recording
COMPANY POLICY II AMOUN, EXPIRATION DATE
STATE fARM INSU 71KB464-,3 $533.9000D 05/28/2008
The escrow account c~rrentlY ras a bCllclnce of $0 00 This Clmount is subject to change depending en 'a;< 3nd
insurance dll'" dales Fscrow fllnds wrll be rel\l~ded to the borrower as showr' 011 O'J' r%0'05
Plcase Note: Demand reflects a credit for prepaid interest This credit is reduced daily by the per diem amount
of 5110.47,
tile responsibility of the bo'rowe r '0 nOlitj liS I' -";;re IS a d,scropancy wltn Ire
I ~ ,5 (l1'1')IIrls ~"')Wr cr Irs ,latemer'l
"lcrrcwer's CJ'~['~t "jere'S!; ,~ r@qlJIf('C tc expe'~lte 'lour Ceouest pro:np\'y
""clng l',1e \irre thiS C'ln IS Iii escr:Jw we reqw"'f that mo~~h'y rl1jmer'S cont..l'JE to JG c;lJrje as t' ~y becccre ,juc 7hs
:·t.1Iemcnt IS wbject to chang= until t"e I02 n 's pl nln 'ull
'i~Jd r~~,;rI{C p"~ 'lgr:t:O witr,rjraw OLf dem;Jlrd If ~sc.rDW t:> ,lot C1Q'Si!rJ 'J\I,trlln 3C days f~l')m the dute..,f ~~IS 1eirw'd.
'N THE EVFNT THIS ESCROW IS CANCELLED. FORWARD THE CANCELLATION FEE OF $30.00 IMMEDiATEL y,
ii -ccrely
(J/j~AA'" L ~
r~""" 'CP"(",""
'-\1".'
,",">
.1'\,
'I' \''''
I_~l,
lJnlol' :l::lnt; of Ca,.forn'a. N A

'3 3&
SELLER'S AFFIDAVIT Of NONfOREIGN STATUS
Section 1445 of the Intemal Revenue Code provides that a transferee of a U.S. real property interest must
withhold tax if the transferor is a foreign person. To Inform the transferee that withholding of tax is not required
upon the disposition of a U.S. real property interest located at 320 So. Peck Drive, Beverly Hills, CA 902123715 by
Joseph H. Zernik, (name of transferor), I hereby certify the following (if an entity transferor, on behalf of the
transferor) :
[INDIVIDUAL TRANSFEROR(S)]
1. I am not a nonresident alien for purposes of U.s. income taxation;
2. My U.S. taxpayer identify-ing number (Social Security Number) is
. ~; and
3. My home address is _
[CORPORATION, PARTNERSHIP, TRUST, OR ESTATE TRANSFEROR(S)]
1. transferor] is not a foreign corporation,

foreign partl'\ership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue
Code and Income Tax Regulations);
2. [name oftransferor]'s U.S. employer

identification number • and
3. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ [I'\ame of transferor]'s office address is
Joseph H. Zemik understands that this certification may be disclosed to the Intemal Revenue Service by
transferee and that any false statement I have made here (or, for entity transferor, contained herein) could be
punished by fine, imprisonment, or both.
Under penalties of perjury I dedare that I have examined this certification and to the best of my knowledge and
belief it is true, correct and complete and (for entity transferor), I further declare that I have authority to sign this
document on behalf of Joseph H. Zemik
Date: _
Joseph H. Zemik
NOTICE TO TRANSFEROR AND TRANSFEREE:
An affidavit should be signed by each individual or entity transferor to whom or to which it applies. Before you
sign, any questions relating to the legal sufficiency of this form, or to whether it applies to a particular
transaction, or to the definition of any of the terms used, should be referred to a certified public accountant,
attorney, or other professional tax adVisor, or to the Internal Revenue Service.
4 3lt>
YEAR CALIFORNIA FORM
2007 Real Estate Withholding Certificate 593-C

......... _........................ .., .. • ' .... _ ........ _ I_' '" ....... ..... _ . - - " ' ................... ,.._ •• J •
I Name (Including spouse If JOIntly owned· see Instruction. - type or print) SSN, FEIN or CA CorooralJon No.
I
I,Address \number and street, PO Box, rural route, apt no. or PMB no ) Spouse's SSN I~ IOlntlvowned)
ICilY State ZIP Code

Note: If you do not fum ish your tax ID number this
certificate is void and withholding is required.
Property address ( if no street address, provide percel number and county) OwnerShip percenlage
320 So Peck Drive, Beverly Hills, California 90212-3715 %
Read the following and check the appropriate boxes. (See line-by-Iine notes in the instructions.)
Part II - Certifications which fUlly exempt the sale from withholding: YES NO
1, Does the property qualify as the seller's (or decedent's, if being sold by the decedent's estate) principal residence within the meaning of Intemal
Revenue Code (IRC) Section 1211 , , , .. , , ,,,,' ,,,,,.,,. 0 0
2, Did the seller (or decedent's, if being sold by the decedent's estate) last use the property as the seller's (decedent's) principal residence
within the meaning of IRC section 121 without regard to the two year time period? , . , ' , , , . , .. 0 0
3. Will the seller have a loss or zero gain for Califomia income tax purposes on this sale? (To check 'YES", you must complete
Form 593-E Real Estate Withholding - Computation of Estimated Gain or Loss, and have a loss or zero gain on line 16,) , ' 0 0
4. Is the property being compulsorily or involuntarily converted and does the seller intend to acquire property that is similar or related
in service or use to qualify for nonrecognition of gain for California income tax purposes under IRC Section 1033? .. , .... , . , , , , , 0 0
5, Will the transfer qualify for nonrecognition treatment under IRC Section 351 (transfer to a corporation controlled by the transferor)
or IRC Section 721 (contribution to a partnership in exchange for a partnership interest)? , . , .. , , . 0 0
6. Is the seller a corporation (or an LLC dassified as a corporation for federal and California income tax purposes) that is either qualified through
the California Secretary of State or has a permanent place of business in Califomia? .. , , , , , . , , ... , ' . , 0 0
7, Is the seller a partnership (or an LLC that is not a disregarded single member LLC and is a classified as a partnership for federal and
California income tax purposes) with recorded title to the property in the name of the partnership or LLC?
(If yes, the partnership or LLC must withhold on nonresident partners or members as required) , , , 0 0
8, Is the seller a tax-exempt entity under either Califomia or federal law? , . 0 0
9. Is the seller an insurance company, individual retirement account, qualified pension/profit sharing plan, or charitable remainder trust? 0 0
Part III - Certifications which may partially or fully exempt the sale from withholding:
Escrow Officer: See instructions for amounts to withhold
10. Will the transfer qualify as a simultaneous like-kind exchange within the meaning of IRC Section 1031? , .. 0 0
11, Will the transfer qualify as a deferred like-kind exchange within the meaning of IRC Section 1031? ., .. , . , , . , , . , ' .. , . , 0 0
12, Will the transfer of this property be an installment sale that you will report as such for Califomia tax purposes and has the
buyer agreed to withhold on each principal payment instead of withholding the full amount at the time of transfer? , , .. , , , , , ' 0 0
Part IV - Seller's Signature
Under penalties of pe~ury, I hereby certify that the infonnation provided above is, to the best of my knowledge, true and correct. If conditions change, I will promptly
infonn the withholding agent. I understand that the Franchise Tax Board may review relevant escrow documents to ensure withholding compliance and that
completing this torm does not exempt me from filing a California income or franchise tax return to report this sale.
Seller's Name and Tille Seller's signature Date
Spouse's name Spouse's signature Date
Seller: If you checked "YES· to any question in Part II, you are exempt from real estate withholding,
If you checked "YES" to any question in Part III, you may qualify for a partial or complete withholding exemption,
If you checked NO to all of the questions in Part II and Part III, the withholding will be 31/3% (.03333) of the total sales price or the alternative withholding
amount certified by seller in box 8 of Form 593-8,
If you are withheld upon, the withholding agent should give you two copies of Form 593-B, Real Estate Withholding Tax Statement. Attach one copy to the
lower front of your California income tax retum and keep the other copy for your records,
For Privacy Act Notice, gel form FTB 1131

7131063 Form 593-C C2 2006
~...,
4
Instructions for Form 593-C
Withholdin,a Exemption Certificate
Purpose FTB Pub. 1032, Tax Information for Military Personnel. You can only
Use this form to determine whether you qualify for a full or partial have one main home at a time. If you have two homes and live in both
withholdinq exemption.
of them, the main home is the one you lived in most of the time.
There are exceptions to the two-year rule if the primary reason you
Note: Qualifying for an exemption from withholding or being
are selling the home is for a change in the place of employment,

withheld upon does not relieve you of your obligation to file a
health, or unforeseen circumstances such as death, divorce, or loss of

California tax return and pay any tax due on the sale of the
job, etc. For more information about what qualifies as your principal
California real estate.
residence or exceptions to the two-year rule, get IRS Publication 523,
This form must be submitted before the close of escrow to
Selling Your Home. You can get this publication by accessing the
prevent withholding on the transaction. After escrow has
Internal Revenue Service's Website at www.irs.gov, or by calling the
closed, amounts withheld may be recovered only by claiming
IRS at (800) 829-3676.
the withholding as a credit on the appropriate year's tax
Note: If only a portion of the property qualifies as your principal
return.
residence, insert the percentage allocated to the principal
residence in the space above line 1 and inform the escrow person
The allocation method should be the same as the seller used to
Part I Seller's Information determine depreciation.
Name, Address, and Taxpayer Identification Number Decedent's Estate: If the property was held in the decedent's
Enter the name, address, and tax identifICation number of the seller or revocable trust that became irrevocable upon the decedent's
other transferor. If the seller does not provide a tax 10 number, then Form death, then the trust becomes a taxable entity separate from the
593-C is void, and withholding is required. decedent. However, the principal residence exemption may be
If the seller is an individual, enter the social security number (SSN) or claimed if both of the following statements are true:
individual taxpayer identification number (ITIN). If the sellers are a The decedent would have qualified for the principal
husband and wife and plan 10 file a joint relurn, enter the name and SSN residence exemption, and
or ITIN for each spouse. Otherwise, do not enler information for more than b. Both the executor of the estate and the trustee of the trust
one seller. Instead, complete a separate Form 593-C for each seller. are electing to treat the trust as part of the estate under IRC
Note: If you do not have a SSN because you are a nonresident or Section 645. (Federal Form 8855, Election to Treat a
a resident alien for federal tax purposes, and the IRS issued you an Qualified Revocable Trust as Part of an Estate, is used to
make the election.)
ITIN, enter the ITIN in the space provided for the SSN.
If the IRC Section 645 election will be made, the estate is
An ITIN is a tax processing number issued by the IRS to foreign

considered the seller for withholding purposes and the
nationals and others who have a federal tax filing requirement and executor can certify that the estate meets the principal
do not qualify for a SSN. It IS a nine-digit number that always starts residence exemption. The executor or trustee should write
with the number 9. at the bottom of Form 593-C, Real Estate Withholding
If the seller is a revocable trust, enter the grantor's individual name and
Certificate, to indicate that the trust is electing to be included
SSN. For tax purposes, the revocable trust is transparent and the
in the estate under IRC Section 645.
individual seller must report the sale and claim the withholding on their
If the trust was created as an irrevocable trust or became irrevocable
individual tax return. If the trust was a revocable trust that became
prior to the grantor's death, then the principal residence exemption
irrevocable upon the grantor's death, enter the name of the trust and the
cannot be claimed.
trust's federal employer identification number (FEIN). Do not enter the
decedent's or trustee's name or social security number.

Line 2 - Property last used as your principal residence
If the property was last used as the seller's or decedent's
If the seller is an irrevocable trust, enter the name of the trust and the
principal residence within the meaning of IRe Section 121
trust's federal employer identification number (FEIN).
without regard to the two-year time period, no withholding is
Do not enter trustee information.
required. If the last use of the property was as a vacation
If the seller is a single member, disregarded LLC, enter the name and tax home, second home or rental, you do not qualify. You must
identification number of the single member. have lived in the property as your main home. If you have two
Escrow Officer: if you choose to provide a copy of Form 593-C to the homes and live in both of them, the main home is the one you
lived in most of the time.
buyer, you may delete the seller's lax identification number on the buyer's
copy Decedent's Estate: If the property was held in the decedent's
revocable trust that became irrevocable upon the decedent's
Ownership Percentage death, then the trust becomes a taxable entity separate from the
Enter your ownership percentage rounded to two decimal places decedent. However, the last use exemption may be claimed if both
(e g.66.67%). If you are on title for incidental purposes and you have no of the following statements are true:
financial ownership, enter 000 and skip to Part IV You will not be a. The decedent would have qualified for the last use
withheld upon. exemption, and
Examples of sellers who are on title for incidental purposes are: b. Both the executor of the estate and the trustee of the trust
Co-signors on title (e.g., parents co-signed to help their child
are electing to treat the trust as part of the estate under IRe
qualify for the loan).
Section 645. (Federal Form 8855, Election to Treat a
Family members on title to receive property upon the
Qualified Revocable Trust as Part of an Estate, is used to
owner's death.
make the election.) If the IRC Section 645 election will be
made, the estate is considered the seller for withholding
Part II Certifications That Fully Exempt purposes and the executor can certify that the estate meets the
last use exemption. The executor or trustee should write at the
Withholding bottom of Form 593-C, Real Estate Withholding Certificate,
Line 1 - Principal Residence to indicate that the trust is electing to be included in the
To qualify as your principal residence under Internal Revenue Code (lRC) estate under IRC Section 645.
Section 121, you (or the decedent) generally must have owned and lived in If the trust was created as an irrevocable trust or became
the property as your main home for at least two years during the five-year irrevocable prior to the grantor's death, then the last use
period ending on the date of sale. Military and Foreign Service, get exemption cannot be claimed.
Form 593-C/Form 593-E Booklet 2006 Page 5

ZERNIK V CONNOR ET AL 4 ~.~~
that your escrow offICer will understand why it is different from

Line 3 - Loss or Zero Gain
the recorded title holder.
You have a loss or zero gain for California income tax purposes when the
amount realized is less than or equal to your adjusted basis. You must If the LLC is classified as a corporation for federal and California
complete Form 593-E, Real Estate Withholding - Computation of income tax purposes, then the seller is considered to be a
Estimated Gain or Loss, and have a loss or zero gain on line 16 to corporation for withholding purposes. Refer to Line 6.
certify that you have a loss or zero gain on this sale. Line 8 - Tax-Exempt Entity
You may not certify that you have a net loss Dr zero gain just because you Withholding is not required if the seller is tax-exempt under either
do not receive any proceeds from the sale or because you feel you are California or federal law (eg., religious, charitable, educational, not
selling the property for less than what it is worth. for profit organizations, etc.).
Line 4 - Involuntary Conversion Line 9 - Insurance Company, Individual Retirement
The property is being involuntarily or compulsorily converted when: Account, Qualified Pension or Profit-Sharing Plan, or
• The California real property is transferred because it was (or
Charitable Remainder Trust
threatened to be) seized, destroyed, or condemned within
Withholding is not required when the seller is an insurance
the meaning of IRC Section 1033, and
company, individual retirement account, qualified pension or profit
• The transferor (seller) intends to acquire property that is
sharing plan, or a charitable remainder trust.
similar or related in service or use in order to be eligible for
nonrecognition of gain for California income tax purposes.
Part III Certifications That May Partially or
Get IRS Publication 544, Sales and Other Dispositions of Assets, for more
information about involuntary conversions.
Fullv ExemDt Withholdin
Complete Part III only if you did not meet any of the exemptions in
Line 5 - Non-recognition Under IRC Sections 351 or 721
Part II. If you met an exemption in Part II, skip to Part IV.
The transfer must qualify for nonrecognition treatment under IRC Section
351 (transferring to a corporation controlled by transferor) or IRC Section Line 10 - Simultaneous Exchange
721 (contributing to a partnership in exchange for a partnership interest). If the California real property is part of a simultaneous like-kind
Escrow Officer: If, during the escrow, an individual seller transfers title to exchange within the meaning of IRC Section 1031. the transfer is
a corporation or partnership and then the corporation or partnership exempt from withholding. However, if the seller receives taxable
transfers title to the buyer, then there are two transfers for withholding proceeds (boot) exceeding $1,500 from the sale, the withholding
purposes. Accordingly, two separate Forms 593-C should be completed. agent must withhold on the boot.
The individual must complete one form, for the transfer to the corporation
Line 11 - Deferred Exchange
or partnership. The corporation or partnership must complete the other
If the California real property is part of a deferred like-kind exchange
form, for the transfer to the buyer.
within the meaning of IRC Section 1031, the sale is exempt from
Line 6 - Corporation withholding at the time of the initial transfer. However, if the seller
A corporation has a permanent place of business in California receives taxable proceeds (boot) exceeding $1,500 from the sale, the
if: withholding agent must withhold on the boot.
• It incorporated in California; The intermediary or accommodator must withhold on all cash or cash
• It is qualified to transact business in California through the California
equivalent (boot) it distributes to the seller if the amount exceeds
Secretary of State; or
$1,500. If the exchange does not take place or if the exchange does
• It will maintain and staff a permanent office in California not qualify for nonrecognition treatment, the intermediary or
immediately alter the sale
accommodator must withhold 3 1/3 percent of the total sales price.
S corporations must withhold on nonresident S corporation
Line 12 -Installment Sale

shareholders. Get FTB Pub. 1017, Nonresident Withholding
Normally, to comply with an installment sale agreement, the

S Corporation and Partnership Guidelines, for more information.
buyer agrees to withhold on each principal payment. If the buyer

Line 7 - Partnership or Limited Liability Company (LLC) chooses this method, the buyer must agree either to withhold
Withholding is not required if the recorded title to the property being 31/3% on each principal payment or the installment withholding
transferred is in the name of a partnership. However, partnerships must percentage specified by Seller according to box 9 of Seller's
withhold on nonresident partners. (Get FTS Pub. 1017, Nonresident election and certification on Form 593-6, Real Estate Withholding
Withholding Partnership Guidelines, for more information.) Tax Statement. The buyer must also complete Form 593-1,
Withholding is not required if the recorded title to the property is in the Real Estate Withholding Installment Sale Agreement. See
name of an LLC that: Form 593-1 and the instructions for withholding and remitting the
• Is classified as a partnership for federal and California income tax applicable amount on each installment payment.
purposes; and Form 593-1 must be attached to Form 593-S, Real Estate
• Is not a single member LLC that IS disregarded for federal Withholding Tax Statement, when the withholding on the first
and California Income tax purposes. installment payment is sent to the Franchise Tax Board.
If the LLC meets these conditions, the LLC must still withhold on Note: If you do not wish to defer withholding, do not ask the buyer
nonresident members. (Get FrS Pub. 1017, Nonresident Withholding to complete Form 593-1.
Partnership Guidelines, for more information.)
Note: If the LLC is a single member LLC that is disregarded for federal Part IV Seller's Signature
and California income lax purposes, then that single member is conSidered You must sign this form and return it to your escrow officer by the
to be the seller and the one on title for withholding purposes. If the close of escrow for it to be valid. Otherwise, the withholding agent
member is an individual, complete the form as that individual. If the must withhold the full 3 1/3 percent of the total sales price or the
member is a corporation, complete the form as that corporation. If the alternative withholding amount certified by the seller in box 8 of Form
member is a partnership or LLC, complete the form as that partnership or 593-8.
LLC; etc. Any transferor (seller) who, for the purpose of avoiding the
Note: When completing Form 593-C as the single member of a withholding requirements, knowingly executes a false
disregarded LLC, write on the bottom of the form that the certificate is liable for a penalty of $1,000 or 20 percent of
information on the form is for the single member of the LLC so the required withholding amount, whichever is greater.
Page 6 Form 593-C/Form 593-E Booklet 2006
Exh p 351 EXHIBITS VOL V - RECEIVERSHIP 4 ~'1

YEAR CALIFORNIA FORM
Real Estate Withholding
2007 Computation of Estimated Gain or Loss 593-E
(You are required to complete this form if you claim an eKemplion due to a loss or zero gain or if you elect an alternative withholding amount.)
(Name, mailing address (number and street, PO Box, rural route, apt no., or PMB no.) I Seller or Transferor:
D SSN or ITIN D FEIN D CA Corp. No
Property address (if no street address, provide parcel number and county)
320 So. Peck Drive, Beverly Hills, California 90212-3715
1 Selling price 1
$1,718,00000 2 _
2 Selling expenses
3 _
3 Amount Realized. Subtract line 2 from line 1
4 Enter the price you paid to purchase the property (If you acquired the property
other than by purchase, see Table 1 to determine your basis.) 4 _
5 Seller-paid points 5 _
6 Depreciation 6 _
7 Other decreases to basIs 7 _
8 Total Decreases to Basis Add line 5 through line 7 8 _
9 Subtract line 8 from line 4 9 _
10 Cost of additions and improvements 10 _
11 Other increases to basis 11 _
12 Total Increases to Basis. Add line 10 and line 11 12 _
13 Adjusted Basis for withholding purposes Add line 9 and line 12 . . 13 _
14 Enter any suspended passive activity losses from this property .. .. 14 _
15 Add line 13 and line 14 15 _
16 Estimated Gain or Loss on Sale. Subtract line 15 from line 3 and enter the amount here. If you have a loss or zero gain, skip lines 17
and 18. Complete the Seller's Signature area below and check the Yes box on Form 593-C,
line 3. If you have a gain, go to line 17 . 16 _
17 Alternative Withholding Amount. Check the applicable box for the filing type.
D Individual 9.3% 0 Corporation 884% 0 Bank or Financial Corporation 10.84%
D S Corporation 1.5% D Financial S Corporation 3.5%
Multiply the amount on line 16 by the tax rate for the filing type selected above and enter the result on line 17.
This is the alternative withholding amount.
If you elect the alternative withholding amount on line 17, check "Alternative Election" in box 6 of Form 593-8, and transfer the
amount on line 17 to Form 593-8, box 8. Complete boxes 8 and 9 on Form 593-B, if applicable. Sign Form 593-8 to
certify the election ......... . ..... 17 _
18 Standard Withholding Amount. Multiply the selling price on line 1 by 31/3% (.0333) and enter the amount on line 18.
This is the standard withholding amount.
If you select the standard Withholding amount on line 18, check "Total Sale Price" in box 6 of Form 593-B, and transfer the
amount on line 18 to Form 593-8, box 7b. Complete boxes 7a and 7b on Form 593-B. 18 _
Seller's Signature
Note: Tille and escrow persons and exchange accommodators are not authorized to provide legal or accounting advice for purposes of determining withholding
amounts. Transferors are strongly encouraged to consult with a competent tax professional for this purpose
Under penalties of pe~ury, I hereby certify that the information provided above is, to the best of my knowledge, true and correct. I understand that the
Franchise Tax Board may review relevant escrow documents to ensure withholding compliance and if conditions change, I will promptly inform the withholding
agent. I understand that completing this form does not exempt me from filing a Califomia income tax return to report this sale.
Seller's name (type or print)
Seller's signature Date:
Spouse's name (if jointly owned)
Spouse's signature (if jointly owned) Date:
For Pnvacy Act Nolice. get rOfm FTB 1131 7151063 Form 593-E C2 2006
Exh p 352 EXHIBITS VOL V - RECEIVERSHIP 4 4c
Instructions for Form 593-E
Real Estate Withholdin.a Computation of Estimated Gain or Loss
Purpose
Depreciation Option - If you do not know how much depreciation you
This form is used for sales closing in 2007 and can be used by both
deducted or were allowed, you can make an estimate of the amount of
individual and non-individual sellers. It allows you to estimate the
depreciation (for withholding purposes only), To estimate the
amount of your loss or gain for withholding purposes and calculate an
depreciation, divide the purchase price plus the cost of additions and
altemative withholding amount.
improvements by 27.5 and multiply that by the number of years you used
the property for business use (up to 27.5 years).
Caution: vou may use estimates when you complete this form, but
Example: Mary bought a house 20 years ago for $150,000
the estimates must not result in the calculation of a loss when you
and has used it as a rental property for the last 18 years. Prior
actually have a gain. Any transferor (seller) who, for the purpose of
to renting the house, she added a pool which cost her $25,000.
avoiding the withholding requirements, knowingly executes a false
Mary's depreciation is estimated as follows:
certificate is liable for a penalty of $1 ,000 or 20 percent of the required
Cost $150,000
withholding amount, whichever IS greater.
Plus additions 25,000

Caution: This form is signed under penalty of perjury.
Total 175,000
Who can complete this form?
Divided by 27.5 = 6,364
The seller should complete this form. Title and escrow persons and
exchange accommodators are not authorized to provide legal or
Multiply by 18 years = $114,552

accounting advice for purposes of determining withholding amounts.
Mary's estimated depreciation to enter on line 6 would be $114,552.
Sellers are strongly encouraged to consult with a competent tax

Line 7 - Other Decreases to Basis
professional for this purpose.

Include any other amounts that decrease your basis, such as:
How can you get Federal publications?

• Casualty or theft loss deductions and insurance reimbursements;
Energy credits claimed for the cost of energy improvements
Internet: www.lrsgov
added to your basis; or,
Phone: (800) 829-1040
• Payments received for granting an easement or right-of-way.

Line-by-Line Instructions
Line 10 - Additions and Improvements
Line 1 - Selling Price These add to the value of your property, prolong its useful life, or adapt it
The selling price is the total amount you will receive for your property. to new uses. Examples include: room additions, landscaping, new roof,
It includes money, as well as, all notes, mortgages, or other debts insulation, new furnace or air conditioner, remodeling, etc. The cost of
assumed by the buyer as part of the sale, plus the fair market value of repairs may not be included unless they are part of an extensive
any other property or any services you receive. remodeling or restoration project. Do not include any additions or
improvements on line 10 that were included on line 4.
Line 2 - Selling Expenses (optional)
Selling expenses include commiSSions, advertiSing fees, legal fees,

Line 11 - Other Increases to Basis
and loan charges that will be paid by the seller, such as loan
Include the amounts paid for any other items that increase the basis of the
placement fees or pOints.
property, such as:
• Settlement fees and closing costs you incurred when you
Line 3 - Amount Realized
bought the property;
The amount realized is the selling price minus the selling expenses.
• The amount you paid for special assessments for items such
Line 4 - Purchase Price

as water connections, paVing roads, and building ditches: or,
If you acquired this property by purchase, enter your purchase price.

• The cost of restoring damaged property from a casualty loss,
Your purchase price includes the down payment and any debt you
or cost of extending utility service lines to the property.
incurred: such as a first or second mortgage or promissory notes you
Line 14 - Passive Activity Losses

gave the seller in payment for the property. If you acquired the
vou may only use suspended passive activity losses that directly relate to
property by gift, inheritance, exchange, or any way other than
purchase, see page 9, Table 1.

the property being sold. Other losses such as net operating losses,
capital loss carry-forwards, stock losses, and passive activity losses from
Line 5 - Se/ler--Paid Points other properties cannot be used.
Points are charges paid to obtain a loan. They may also be called loan
Line 16 - Loss For Withholding Purposes
origination fees, maximum loan charges. loan discount, or discount
points. If the seller paid points for you when you acquired the If the amount you will realize (line 3) is less than line 15, the difference is
your loss on the sale for Withholding purposes. (If line 3 is equal to line
property. enter the amount paid by the seller on your behalf on line 5,
unless you already subtracted this item to arrive at the amount for line 15, you have a zero gain.) Check the ·vES" box on Form 593-C, line 3.
4.
Complete and sign Form 593-C and give it to your escrow officer. Vou will
not be subject to withholding on this sale. Keep Form 593-L for 5 years to
Line 6 - Depreciation document your calculations. Form 593-L must be furnished to the FTB if
Enter the amount of depreciation you deducted, or could have requested,
deducted, on your California income tax returns for business or
investment use of the property under the method of depreciation you
Line 17 - Gain For Withholding Purposes
If the amount you will realize (line 3) is more than the amount
chose. If you took less depreciation on your tax return than you could
have under the method chosen, you must enter the amount you could on line 15, the difference is your gain on the sale for Withholding purposes.
have taken under that method. If you did not take a depreciation Vou must check the "NO· box on Form 593-C, line 3. Vou will be SUbject
deduction, enter the fuJI amount of depreciation you could have taken. to the full 3 1/3 percent withholding on the total selling price
Get IRS Publication 946, How to DepreCiate Property, if you need
more information. Line 18 - Standard Withholding Amount
Multiply the selling price on line 1 by 3'/3% and enter on line 18. If you
select the standard withholding amount on line 1e, check "Total Sale
Price" in box 6 of Form 593-8, and transfer the amount on line 18 to
Form 593-8, box 7b. Complete boxes 7a and 7b on Form 593-8.
Page 8 Form S93-C/Form S93-E Booklet 2006

4- 4/
Table 1. How to Complete Form 593-L When You Did Not Purchase the Property
The cost or purchase price of property is usually its basis for figuring gain or loss from its sale or other disposition. However, if you acquired the property by
gift, inheritance, exchange, or in some way other than purchase, you must use a basis other than its cost.
(Note: These procedures only reflect the general rules. Exceptions may apply. Get IRS Publication 551, BasIs of Assets, for more information on these or
other special situatIOns.)
Property was received as a gift Usually, your basis is the donor's adjusted basis at the time of the gift. Enter the donor's adjusted basis on
line 4. Then complete the rest of the fonm (except line 5) with your information after you received the
property.
Note: If the fair market value of the property at the time of the gift was less than the donor's adjusted basis,
get federal Publication 551 to determine your basis.
Property was inherited from someone Usually, your basis is the fair market value at the date of the individual's death. You can get that valuation
other than your spouse from probate documents, or if there was no probate, use the appraised value at the date of death. Enter
the fair market value on line 4. Then complete the rest of the form (except line 5) with your information after
you received the property.
Note: If you or your spouse originally gave the property to the decedent within one year of the decedent's
death, Qet federal Publication 551 to determine your basis.
You owned the property Your basis is the fair market value of the total property at the date of your spouse's death. Enter the fair
(as community property) with your market value on line 4.Then complete the rest of the form (except line 5) with your information after the
spouse who died date of death.
You owned the property (in joint tenancy) Your basis is the sum 01'1) the fair market value of your spouse's half of the property at the date of the
with your spouse who spouse's death; and, 2) the existing basis of your half of the property at the date of your spouse's death.
died Enter the sum on line 4. Then complete the rest of the fonm (except line 5) with your informalion after the
date of death.
Property received from your spouse Usually, your basis is the same as it would have been without this transfer. Complete Form 593-E as if you
incident to your divorce had been the only owner before and after the transfer.
Note: If your spouse transferred the property to you before July 18,1984,get federal Publication 551 to
determine your basis.
Property received in exchange for other Your basis will depend on whether you received the property in a nontaxable, taxable, or partially taxable
property exchange. Get federal Publication 551 to detenmine your basis. Enter your basis on line 4. Then
complete the rest of the form. However, do not include any amounts on line 5 through line 10 that you
included on line 4.
You built the house (or other Add the purchase price of the land and the cost of the building. Enter the total on line'" and complete the
improvements) on the property being sold rest of the form.
Note: If you deferred the gain from a previous home to this property, get federal
Publication 551.
You received the property in a Enter your basis in the property after the foreclosure on line .... (You may need to get a tax professional to
foreclosure help you with this calCUlation.) Then complete the rest of the form (except for line 5) with your information
after the foreclosure
Form 593-C/Form 593-E Booklet 2006 Page 9

'-f 1.1--<..
433 N. Camden Drive, Suite 510 • Beverly Hills CA' ~u210' (310) 550-7400 • FAX (310) 550-7531
CALIFORNIA INCOME TAX WITHHOLDING NOTICE AS REQUIRED

BY REVENUE AND TAXATION CODE SECTION 18662
ADDRESS OF PROPERTY TRANSFERRED ESCROW NO, ....:,:13:..;4.::.s0""'0:..;-L::.:C'-- _
320 So, Peck Drive, Beverly Hills, CA 90212-3715
Address (number and street) State Zip Code
In accordance with Sections 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3\1,
percent of the sales price or the amount that is specified in a written certificate executed by the transferor in the case of a disposition of
California real property interest by either:
1. A seller who is an individual, trust or estate or when the disbursement instructions authorize the proceeds be sent to a financial
intermediary of the seller, OR
2, A corporate seller that has no permanent place of business in California immediately after the transfer of title to the California
real property,
The buyer may become subject to a penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required
to be withheld or five hundred dollars ($500),
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold
any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR
2, The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a
permanent place of business in California, OR
3, The seller, who is an indiVidual, trust, estate or a corporation without a permanent place of business in California executes a
written certificate, under the penalty, of perjury of any of the following:
A. The California real property being conveyed is the seller's or decedent's principal residence, within the meaning of Section
121 of the Internal Revenue Code.
B. The last use of the property being conveyed was use by the transferor as the transferor's principal residence within the
meaning of Section 121 of the Internal Revenue Code.
C. The California real property being conveyed is or will be exchanged for property of like kind (within the meaning of
Section 1031 of the Internal Revenue code), but only to the extent of the amount of gain not reqUired to be recognized
for California income tax purposes under Section 1031 of the Internal Revenue Code.
D. The California real property has been compulsorily or involuntarily converted (within the meaning of Section 1033 of the
Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use 50 as to be
eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code.
E. The California real property transaction will result in a loss or a net gain not reqUired to be recognized for California
income tax purposes.
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
This company Will, upon written instructions from the buyer, Withhold the California income tax from the seller and deposit said tax with
the Franchise Tax Board together with Franchise Tax Board Form 593-B (and Franchise Tax Board Form S93-I executed by the
purchaser, if applicable). The fee charged by this company for this service is $45.00 (Revenue & Taxation Code 18662).
For additional information on withholding requirements contact: Franchise Tax Board, Withholding Services and Compliance Section
P. O. Box 942867
Sacramento, CA 94267-0651
(888) 792-4900 or (916) B45-4900
BUYER'S ACKNOWLEDGEMENT: The undersigned buyer acknowledges receipt of copy of this Notice of California Income Tax
Withholding.
TAX J.D. NO.

Nivie Samaan
TAX J.D. NO.
TAX J.D. NO.
TAX !.D, NO.
DATED
SELLER'S ACKNOWLEDGEMENT: The undersigned seller acknowledges receipt of copy of this Notice of California Income Tax
Withholding.
TAX J.D. NO.

Joseph H. Zernik
TAX J.D. NO.
TAX J.D. NO.
TAX J.D. NO.
DATED
Exh p 355
LC/sa
f J.I.~
SELLER'S AFFIDAVIT OF NONFOREIGN STATUS
Section 1445 of the Internal Revenue Code provides that a transferee of a U.s. real property interest must
withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required
upon the disposition of a U.s. real property interest located at 320 So. Peck Drive, Beverly Hills, CA 902123715 by
Joseph H. Zernik, (name of transferor), I hereby certify the folloWing (if an entity transferor, on behalf of the
transferor):
[INDIVIDUAL TRANSFEROR(S)]
1. I am not a nonresident alien for purposes of U.S. income taxation;
~::::-:-_--=-~=~=~:~~~~iS
2. My U.S. taxpayer identifying number (Social Security Number) is
; and
3. My home address is _
[CORPORATION, PARTNERSHIP, TRUST, OR ESTATE TRANSFEROR(S)]
1. transferor] is not a foreign corporation,

foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue
Code and Income Tax Regulations);
2. [name of transferor]'s U.s. employer

identification number , and
3 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [name of transferor]'s office address is
Joseph H. Zernik understands that this certification may be disclosed to the Internal Revenue Service by
transferee and that any false statement I have made here (or, for entity transferor, contained herein) could be
punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and
belief it is true, correct and complete and (for entity transferor), I further declare that I have authority to sign this
document on behalf of Joseph H. Zernik
Date: _
Joseph H. Zernik
NOTICE TO TRANSFEROR AND TRANSFEREE:
An affidavit should be signed by each individual or entity transferor to whom or to which it applies. Before you
sign, any questions relating to the legal sufficiency of this form, or to whether it applies to a particular
transaction, or to the definition of any of the terms used, should be referred to a certified public accountant,
attorney, or other professional tax adVisor, or to the Internal Revenue Service.

4 4-4

COUNTY OF LOS ANGELES
REGISTRAR-RECORDER/COUNTY CLERK
12400 IMPERIAL HWY. - P.O. BOX 1024, NORWALK, CALIFORNIA 90651-1024
DEAN C. LOGAN
ACTING
Flegislrar-Recorder/Counly Clerk
If this document contains any restriction based on race, color,

religion, sex, sexual orientation, familial status, marital status,
disability, national origin, source of income as defined in subdivision
(p) of Section 12955, or ancestry, that restriction violates state and
federal Fair housing laws and is void, and may be removed pursuant
to Section 1~~956.2 of the Government Code. 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.

I
This page is part of YI)Ur doc unnent • DO NOT DISCARD ..
;s: 20072759874 ~g~es:
=- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1ml l l l l~ I~
Recorded/Filed in Official Records Fee' 1400
'"1111111111
Recorder's Office, Los Angeles County, . .
California Tax: 1,889.80
Other: 0.00
12/17/07 AT 08:00AM
Total: 1,903.80
Tttle Company
TITLE(S): DEED
~
LEAD
III ~ III III ~
SHEET
Assessor's Identification Number (Jl.IN)

To be completed by Examiner OR Title Corlpany in black ink. Number of AIN's Shown
fotlill THIS FOR.M IS NOT TO BE DUPLICATED

UNITED TITLe COMPANY
WESTLAKE VILLAGE BRANCH
RECORDING REQUESTED BY:
United Title Company
Tille tI: 8070 1422·77 12117/07

APN tt: 4328-0024-023
l l Jl l l l lIl l l ~ 11111 111\l 11111 11111 11111 \I~I I I\ lil\ Illl
WHEN RECORDED MAIL TO 20072759874
SPACE ABOVE THIS LINE FOR RECORDERS USE
Grant Deed
,..-------------:r0;:~\-,-
lhe undersigned grantor(s) dec/are(s): ~ y
Documentary transfer ta:( is $1,889,80
(X) computed on full vaille of property conveyed, or
( ) ccmputed on full value less of liens and enc!.JmbranCE s r~maining at time of sale.
( ) Umllcorporated are,l', (~it:y of Beverly Hi\\~,
r:DR A VALUABLE CONSIDERATION, receipt of which IS h ~reby acknowledged,

ria~i~ T: ~astetnak as Receiver far JosEph V. Zernick pursuant to case number SCOB 400
hereby GRANT{S) to
Nivie Samaan, a married woman, as her sole and separale property
that property In The City ofBever~HIIS, Los Angeles [Ollnt'!, State of California, described as follows:
Lot 252 of Trac~ 7710, in the City of Beverly Hills, County of Los Angeles, State of California, as per Map recorded In
Book 83, Pages 94 and 95 of maps, In the office of the C lur,ty Recorder of said County.
Together with all of Grantor's right, title and int,~rest in a 1d to that certain Oil and Gas Lease, executed by and
between Sammy Narens and Lylyan Narens, as Lesser, a ld Standard Oil Company of california, as Lessee, recorded
September 23, 1964, as Instrument No. 3156, Official Re :ords, Los Angeles County, Califoria
--------_.------ -_.-.- -
Date

.
State of
County of Lex:., A"li-c/c ';
On (I ~ .:9 'L:.. 0 '7 teforc r11e,
~~tary Public, p~Onal;Y ~~;~~ed ~/{ I" /'?J-'!~l.:.~.

L (;>,JI() J. _~;;:k~z __
personally known to me (or proved to me on the baSI!, of

satisfactory eVidence) to bl~ the person(s) whose name(s) isiare
sul)scribed to the within in~;trument and acknowledged to me ,AAOAAOAAOAA<><>
ttwt 11e/she/tf1ey executed the same in his/her/their iJ'Jthori;:ed

CilpilCity(If.'S), ana that by his/her/their signature(s) on the
~. LlSAKALAYDJIAN
v COMM ti 1613184
~:.
1I"l~,trument the person(s), or the entity upon behalf (If w!:lch (ry co ... NOTARY P~BLlC . CALIFORNIA Gl
the per~on(s) acted, exeC1;,ted the Instrument. ~ l05 ANGELES CCU~JTY ()
I CUlM. EXPIRES OCT. 15, 2009 ..
WITNESS my hand and qJ1'i2:ial seal Jf e 0 Q va '0 vV' VV=<O= V"GIlJ' r:Q:-.(.
Slqnature _~ }-/" r~. ~/(F

, l". Itir . ;f:'' ' ~,,~
I\ame / 1-,.\ r.,__ fr"r; ((', I(~ (! {/ /A....-
bl5 14() 8(9'l

(typed or printed) f J
MAIL TAX STJITEMENl'S f~S DIRECTED ABOVE

This area for offiaal notanal seal

STAMP IS ON BACK OF LAST PAGE


07-12-07 Samaan v Zernik (SC087400) LA Superior Court: Attorney David Pasternak&#39;s Ex Parte Application for Indemnity Agreement for Mara Escrow, for Gag Orders, for fraudulent Grant Deed and Tax Records s

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07-12-07 Samaan v Zernik (SC087400) LA Superior Court: Attorney David Pasternak&#39;s Ex Parte Application for Indemnity Agreement for Mara Escrow, for Gag Orders, for fraudulent Grant Deed and Tax Records s

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1 II David J. Pasternak, Bar No.

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF LOS ANGELES, WEST DISTRICT

1111NIVIE SAMAAN, an individual, CASE NO. SC 087 400

12 II Plaintiff, Hon. Patricia L. Collins

13 II vs. NOTICE OF RULING RE RECEIVER'S

27 II On December 7, 2007 at approximately 11: 00 a.m., a hearing

21lReceiver's Ex Parte Application Tor the Issuance of an Order (1)

3 II Approving the escrow documentation (including grant deed) signed

411and submitted to escrow by the Receiver; (2) Authorizing the

511Receiver to sign and submit tax documentation to escrow so as to

711to enter into an Indemnity Agreement with Mara Escrow Company;

811and (4) Prohibiting Defendant Joseph Zernik from corr~unicating

911directly with Mara Escrow Company, United Title Insurance

10 II Company, United Title Company, and Washington Mutual regarding

1111the sale of the receivership real property and related matters.

1211 Defendant Joseph Zernik, Receiver David J. Pasternak,

13 II Richard Ormond of Buchalter Nemer specially appeared on behalf of

14 II interested party Mara Escrow, Inc., and Moe Keshavarzi of

15 II Sheppard, Mullin, Richter & Hampton appeared by telephone on

1611behalf of Plaintiff Nivie Samaan.

1711 Upon considering the Receiver's Ex Parte Application, the

18 II supporting Declaration of David J. Pasternak and all exhibits

21 II evidence presented to the Court in connection with the Receiver's

22 II Ex Parte Application, the Court issued the attached Ex Parte

23110rder which was served on Defendant Joseph Zernik in the

24 II courtroom immediately after the hearing.

I, . V-,. I lIn \",I IV '- I I VV"V

111 David J. Pasterr1::1k, Bar N:J. 72201

2111875 century ~ark Cast, Suite 2200

Los Angeles, Califor~ia 90067-2523

31lTelephone: 310.553.1500 CONl'''''OR1\'!, r. l COpy

ot 1~ COUNTY OF LOS ANGELES, WEST DISTRICT

I111N1VIE SKMAAN, an individual, CASE NO. SC 087 400

12 Plainti if, Hon. Lisa Bart Cole

13 II vs. "_.IIil~X PARTE ORDER:

(4) PROH!BI'1'n~G DEFEND.M:T

llland submitted to escrow by the Receive=; (2) Authorizing the

911the supporti~g Dec~aration of David J. Fasternak and all attached

1211evidence presented to the Court in connection with the Rece~ver's

1311Ex Parte Application; and qood cau~e appearing therefor;

15 1. All of the documentatio~ (~ncluding the Grant Deed)

191113450D-LC (the ~EscrowH) by the Receiver, is hereby approved;

21 II documentation attached tc the Receiver's Ex Parte Application as

2211~xh~bit 4 and to s~bmit that doc~mentation to Escrow;

26 4. ExcepL for returning documenls that he is asked to sign

2711and return, Defendant Joseph Zernik is hereby restrained and

lllprohibi:-ed ~rorn communicating with Mara ~scrow Company, United

31land all ~f their respective ernplcyee5, officers, directors, and

41lrepre::enLatives about this laWslit, lIle :<.eceivership Rp.al

5 II Property, the Receive=, the Plaintiff, and/or th~ sale of ~he

61lReceiver~hip Property commonly known as 32C South Peck Drive,

allwants to 2on®unicate with any of those persons or entl~ies abou~

911any of the specified natters, he shall forward such communication

121ldete=mines that it is appropriate to do SOi and

~ {l dl-....... ~ ia-< .~ <Y'- oZ~~1::

16 II ~ dL~M - h-Ut;~._·-) /~ . ·~-- ~~ c..<.fl.......

DATED: 76· . . . 0 / ., <J

2 II STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

5 II On December 10,2007, I served the foregoing document described as NOTICE OF

17110 BY FACSIMILE: At or before 5:00 p.m., I caused said document(s) to be transmitted by

25 0 BY PERSONAL SERVICE: I personally delivered such envelope(s) directly to the

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF LOS ANGELES, WEST DISTRICT

07-12-07 Samaan v Zernik (SC087400) LA Superior Court: Attorney David Pasternak's Ex Parte Application for Indemnity Agreement for Mara Escrow, for Gag Orders, for fraudulent Grant Deed and Tax Records s

07-12-07 Samaan v Zernik (SC087400) LA Superior Court: Attorney David Pasternak's Ex Parte Application for Indemnity Agreement for Mara Escrow, for Gag Orders, for fraudulent Grant Deed and Tax Records s

& PATION ">\l.·~C:~ ,I =~~~=-~_~>=L~ ~?,;..~: =::=E=~ -',', '::,-'

24 CC~LLT(i.l:--l'=-,'=a:='ir-'lg Ttlith ~[. e escr:;,r.Jll :--. older, t:-le ~ . .: +- - --

14 II Property to [Plaintiff] through the reactivated Escrow No. 1