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

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The December 7, 2007 ex parte application for orders by Attorney David Pasternak must be deemed fraud and extortion on numerous counts. It was opined as fraud by Fraud Expert James Wedick - relative to Grant Deed filed in it by David Pasternak. It must also be deemed fraud and extortion relative to Indemnity Agreement for Mara Escrow - for future criminalities - included in it.

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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: [email protected]
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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
EX PARTE APPLICATION FOR
14 II JOSEPH ZERNIK, an individual ISSUANCE OF ORDER:
and DOES 1 through 10,
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
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
TIME: 8:30 A.M.
DEPT. B
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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
PASTERNAK,
PASTERNAK
&PATION
W:\73235\Pleadings\Notice of Ruling Re Ex Parte 12-10-07.doc
NOTICE OF RULING RE RECEIVER'S EX PARTE APPLICATION FOR ISSUANCE OF ORDER:
Exh p 284 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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
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.
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DATED:
Itl.&A)vl
__
David J. Pasternak
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Receiver
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W:\73235\Pleadings\Notice of Ruling Re Ex Parte 12-10-07.doc 2
NOTICE OF RULING RE RECEIVER'S EX PARTE APPLICATION FOR ISSUANCE OF ORDER:
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Exh p 285 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Exh p 286 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
I, . V-,. I lIn \",I IV '- I I VV"V


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111 David J. Pasterr1::1k, Bar N:J. 72201
Receiver
2111875 century Cast, Suite 2200
Los Angeles, 90067-2523
CONl'''''OR1\'!, r. l COpy
31lTelephone: 310.553.1500
OF OR Ie'··; ,
Facsimile: 310.553.1540
Los Angel!'" :., .." -v Conn
41IE-Mail: [email protected]
DEC 07Z001
5
John A. Clarke. ExecuDve Officer/Clelk
6
BY- ,Depu
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
(l
COUNTY OF LOS ANGELES, WEST DISTRICT
ot
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I111N1VIE SKMAAN, an individual,
CASE NO. SC 087 400
12 Plainti if, Hon. Lisa Bart Cole
13 II vs.
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;
(3) AUTHORIZING RECEIVER TO
18
ENTER INTO MARA ESCROW
COMPANY INDEMNITY
19
AGREEMENT; AND
(4) DEFEND.M:T
20
JOSEPH FROM
COMMUNICATING
21
WITH ESCROW, TITLE
INSURER, OR BUYER'S
22
LENDER
23
DATE: DECEMBER 7, 2007
TIME: 8:30 A.M.
24
DEPT. X
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The Court having considered the Ex ParLe Appl.ication of
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Receiver David J. Pasternak for the issuance of an Order: (1)
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the documentation (including grant deed) sisned
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ii: \ 7323 5 \>.",ce':' ver' sExPclo r\.eOrduil2. 1
PA$'Ti'RNAK.
joe
PAS1t:RI'IAK
&PATTON
'Ul EX PARTE ORDPR APPROVING eSCROW eRr.NT
III
SI3NED AND SnOMITTEL '10 ESCROW BY RECF.TVF.R, ETC.
Exh p 287 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
, ... ,V""' .... VI II V .. Irtl\ ,jlV '-II .;;J..:t .. "

un/UG:3
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llland submitted to escrow by the Receive=; (2) Authorizing the
211Receiver to sign and submit tax documentation to escrow so as to
311avoid of sale proceeds; (3) AUlh8rizing Receiver
411to enter into an Indemr.ity 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
911the 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
1311Ex Parte Application; and qood appearing therefor;
1411 1'1' IS HERF.BY O::<.DERED that:
15 1. All of the 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
191113450D-LC (the by the Receiver, is hereby approved;
20 "-
')
. R€ceiver lS authori7.ed to siqn complete the tax
21 II documentation attached tc the Receiver's Ex Parte Application as
4 and to that to Escrow;
23 3. The Receiver is authorized to enter into the requested
24 II Indemnification Agreenent with Mara Escrow Company and
2511Nivle Samaani
26 4. ExcepL for returning documenls that he is asked to sign
2711and return, Defendant Joseph Zernik is hereby restrained and
2
(1oe
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.J EX PARTI:: ORDER -( f: APPROVTNG ESCROW (TN(;LtJL:ING GRANT
AND SUBMITTF8 TO BY RECEIVER,
Exh p 288 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
,_(y,/Co. ....·v. Il.Y"" In,., vlV t:.11 vurat" OU;J/UU:J
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lllprohibi:-ed communicating with Mara Company, United
:;:nsurance Company, Title Company, ftJashington Mutual,
31land all their respective ernplcyee5, officers, directors, and
41lrepre::enLatives about this laWslit, lIle :<.eceivership Rp.al
5 II Property, the Receive=, the Plaintiff, and/or sale of
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
911any of the specified natters, he shall forward such communication
lollin writinq to the Receiver, who shall then fo=ward
-4y \--0 t'"U- _ (;J) 1\) l
1111 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.$
14 II proper.
IS II .:.. {l dl-....... ia-< <Y'-
16 II - .. c..<.fl.......
DATED: 76· . . . 0 / . , <J
1711 11..- 7 -0, '. .... I" l.,-Z-­
Pt"'"-k-r"1 l:-< ...:..... )... c;,If ,-... ,'"
Super lor Court Judge
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MTRIClA L COLltlfS
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\II: \ i 32.i \ P I ':'·,d.ing,> \Receiver' r. Z• 3
dne:
rFROPOSED J EX ORDER (1) APPROVTNG ;;SCR,Oi<l DOCUMENTATLON (IKCLUDING C,RAN'T
DEE;D) SIGNED AND SUmv,T'T1'F.:D TO ESCROW BY RECE: ETC.
Exh p 289 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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PASTERNAK,
PASTERNAK
& PATTON
PROOF OF SERVICE 1
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.
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
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.
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.
0 BY OVERNIGHT DELIVERY: I deposited such document(s) in a box or other facility
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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.
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0 BY PERSONAL SERVICE: I delivered such envelope(s) by hand to the office of the
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person(s) being served.
0 BY PERSONAL SERVICE: I personally delivered such envelope(s) directly to the
person(s) being served.
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/II
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/II
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W:\73235\Pleadings\Proof of Service LKS 11-28-07.doc
Exh p 290 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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2 II I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
3
Executed ou December 10,2007, at ~ ~
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PASTERNAK,
PASTERNAK
&PATTON W:\73235\Pleadings\Proof of Service LKS jj·28·07.doc
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Exh p 291 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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Nivie Samaan v. Joseph Zernik, etc., et al.
Los Angeles County Superior Court Case No. SC 087400
Service List
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John W. Amberg, Esq.
Jenna Moldawsky, Esq.
Bryan Cave LLP
120 Broadway, Suite 300
Santa Monica, CA 90401-2386
Telephone: 310.576.2100
Facsimile: 310.576.2200
Sanford Shatz, Esq.
Todd A. Boock, Esq.
Countrywide Home Loans, Inc.
5220 Las Virgenes Road, MS: AC-ll
Calabasas, CA 91302
Telephone: 818.871.6045
Facsimile: 818.871.4669
Counsel for Non-Party.
Countrywide Home Loans, Inc.
Counsel for Non-Party,
Countrywide Home Loans, Inc.
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Joseph Zemik
In Pro Per
2415 Saint George Street
Los Feliz, CA 90027
Defendant in Pro Per
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PASTERNAK,
PASTERNAK
&PATION
W:\73235\Pleadings\Proof of Service LKS \\·28-07,doc 3
Exh p 292 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Exh p 293 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1118avid J. Bar 72201
Receiver
2111375 Century East, Suite 2200
Los Angeles, 90067-2523
FILED/-
»//
311':'elep!'"'.cne: 310.553.1500
Los ,\.\'CELES ';LPERIOR Cor;RT
Facsimile: 310.553.1540
41IE-jvluil: [email protected],
DEC 0 7 2007
5
:I.ERK
6
BY ERIN oS:",un"
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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 1 S EX PARTE APPLICATION
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;
(2) AUTHORIZING RECEIVER TO
17 SIGN AND SUBMIT TAX
DOCUMENTATION TO ESCROW;
18 (3) AUTHORIZING RECEIVER TO
ENTER INTO MARA ESCROW
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
28 II ',';: "3' > ,,', :, " s \ '": ;- v , >: :: " : ',c'L : c,:, : 1
PASTERNAK
,"-

PASTERNAK 'S 2'.:-: ?C'r< =::3 '--' ='_::'-::-< ---, ':<': I:
& PATION ,I -',', '::,-' 2'{
- - ....
=. .. :--r_,---: _ •.-.t _L/
Exh p 294 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1 Receiver J. Pasternak hereby ex parte for the
of an Order: (l) Approving 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 tax
51/documentation to escrow so as to avoid withholding of sale
6 II proceeds; (3) Author i z i:J.q Rece i ver to en 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
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 clese this escrew; and that based en his prior conduct,
231lthe Receiver fears that unless Zernik is from further
...: +- - --­
24 Ttlith .. e escr:;,r.Jll :--.. older, t:-le .. , ?!r.::i tr,e
+- ',...., -, ......
25 bujer':3 lJ?;.jer, further >Jil1. '- ,aeJ-ay:,
2611seriolislj an::i/cr prevent this frcre
27 ex parte application is based on the attached
28 II ":i:
" i,"_
S [/: FOR =::-
;_>:2 ,--.-
C? J.
Exh p 295 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
111Declaraticn of David J. Pasternak, all of pleadings and
2 in the Court's file for 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.
6
J
'\
'\--J(\ ), • C(,J'N\
December
7
II D.Z\.TED:
6, 2007
David J. Pasternak
8
Receiver
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I 2 EX 2.:"'?::= I
:31 -=-c L',,"
S:=C:,=-:=T,,-EP, r :.::.5
Exh p 296 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1 DECLARATION OF DAVID J. PASTERNAK
2 , David J. declare as follows:

T v 3
have personal knowledge .... :'he facts set forth
411hereiG, and if called upon as a witness to testify thereto, I
511cculd wculd competently and 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.
cy his a
fer the purchase of the 2rcperty that
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:., :
4
-
.j-=(
_/ ESC?CW
SF.?: £2
?E:CEI",-:=? f ==
Exh p 297 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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 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 21,
22112007 tearing. At the hearing, Zernik informed me and the Ccurt
2311that he had vacated the Receivership Property a few days earlier.
24 of 21, 2: , := :--.. ad l:JCKS
25/lctanged and tcok possession of the ?roperty.
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ii: " :.'->-t==- ;]=--:-.]2 ?,PC,:"'=--TIP: I c::
'-'
28 II - ..:: ' \F-?=.=.-.:- ,-.::,.: 1
=:.-::"':"
EX ?G?
I '-' (.= ::C=-. r..,·: I:;PP\.. =- ,3:= =. =.,
cv
? =: F, ; :.- t·: :=-'.2.: ..-: ..3
Exh p 298 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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, 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 at 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 to Sscrew
23 II to:T,cr r:J'd .?r iday, :::;ecember 7, 200"7 i •
24 II Tax Withholding Escrow Documentation
25 to by Mara
261lEscrcN in mid-No7ember tax withholding documentation
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',';: '
_
E
281\ . "lee'I,: TS
. .:; _ • -J
I 2 ::? C;:,r:S
:= :.J; = :?,_;..\ =:'E:E =- , S :::: r.>.':= ..=: 1 l C :: y
'--' ?:'.
Exh p 299 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
attached hereto as EXr.lbit 4. To date, I
2 Ilccmpleted ttat and I am ar.d celieve that
Escrow tas not received ttat tax
411from Zernik.
5 :1. If the documentation attacted as Exhibit 4 is
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 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 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 of this
and tte claims asserted by Plaintiff (and
2311wtict ce asserted by etters as the of this iitigation
2411a[;d S3-,-E:.
25 --L '-i • - 3ffi aDd reffialns a

26 res i-,:::1el. the State oE a fte r r,e ',' a:::a ted Lr,e
27
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Exh p 300 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1 II Receivership Property a few weeks ago, the Receivership
211?roperty was Zcrnik's place ef residence, that
is a fcreign persen. I believe that
411Zernik qualifies to avoid both the federal and state tax
Sllwithhelding for this sale
6 II Mara Escrow Indemnity Agreement:
ro, r,
7 15. Tuesday morning, l';ovember 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 and hard documents reflect
1911transmittals to Escrow as well.
20 17. As the result of these communications, I have had a
21 Iiseries with counsel for Mara Escrow, who has
22 Ilinfermed that Mara Escrow requires an Indemnificati n
to be signea by me in my capacity as Receiver and oy
crder as
2511Escrow hc:der. A ccpy rrcpcsed
is attacted as 7
27
: ' ':f- _ -,-:' I

3

2 8 I I . l:' t. :
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s:

Exh p 301 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1 I have 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 Property, that the terms of the proposed
5 II Indemnification Agreement are and are acceptable to
6 II Pla:ntiff. It 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
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9
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Exh p 302 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1 II Restraining Zernik From Further Communications With Mara, the
2 II Title Company, and Plaintiff's Lender
3 9. Zernik has consistently and intimidated
4 Ilindivicuals and entities involved with litigation and
5 II transaction. I received a stream of threatening emails from him
61lbefore I was appointed as the in this matter. Among
7 Ilother things, Zernik asked fer the 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 with the Rabbi of the of one of
18 Ilits senior officers.
19 20. Zernik's communications with Mara Escrow necessitates
20 lithe requested Indemnity Agreement.
') l
L.. • 21 HCC0r
d"
lncJLy, in order to timely ciose this Escrow
22 I am requesting the issJance of an
2311 cuier ·tIi:: prohibit Zer:--.ik from d.irectly 'tIith
::"scrc'tI, tiL:.e corr:pa:-::/ and
2511 Insurance Companj and United Companj;, and/or Plaintiff's
26111ender IXashington atout ttis and related
27
h: 1 (\
V
28
. \ ' 'C". j::...:-. - s' ?p -.>':- ',-12 ':: - f.':" I

?C:? c::' .
=:::::==.:' -- 3':"
2.2: -= S ; =', T I :?
Exh p 303 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1 except for permitting him to return any documents that
2 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 t:::: me, and if I believe it is warranted that the
be passed on to Escrow, the title company, or
T ' "' l
6 Plaintiff's lender, do so. 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 on.
10
')')
I request this final order reluctantly, but believe L..L...
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 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', Moe Keshavarzi at Sheppard Mullin),
2311and Banker's counsel !Robert Shulkin;, a true and
2411ccrrect :epy which is attached hereto as Exhibi: 2,
I te tte sf ex parte
26 appli:::a;:.icr. at 8: 3,'J a.:TL. en
27
\ - -: ;.-, r:._". 1..- .r' ::::::.-.?u.::-to.:-:''-'I:-:::'.I::-.4;_ 1 l
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28

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Exh p 304 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
X 8f this Court the new and
2 for this case) and detailing the requested orders.

3 . i have received a response email inquiring
411about the different 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 that the foregoing is true and correct and
811that this Declaration was executed on December 6, 2007, at Los
91lAngcles, California.
10
'I
, 'f "
l""'J \ \,'\1 \
11
David J. Pasternak
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
,\ : , __ :'1- "
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1 =,:=-,t: ": v.
Exh p 305 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1II SHEPPARD MULLIN RICHTER & HAMPTON LLP

A Limited Liability Partnership

2 II Including Professional Corporations
-1/j .'
II PHILLIP A. DAVIS, Cal. Bar No. 110430 ;S;1'.1
.
n'i\ "',"
'u
3 : MOE KESHAVARZI, Cal. Bar No. 223759
./. -1.1 iJ'.,s' . a
333 South Hope Street, 48th Floor
'IVp •.
-1. Q, 0 OrO r
4 " Los Angeles, California 90071-1448
¢.,fc,
Telet'hone: 213-620-1780
ePA Ceq/:"
<:
5 il FacsImile: 213-620-1398
"%..'1

6
ipQet-
Anomeys for PlaintiffNivie Samaan
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COmTY OF LOS ANGELES -. WEST DISTRICT
9
10
11 II NIVIE SAMAAN, an individual; Case No. SC 087400
12
Plaintiff, Honorable John A. Segal
13
v. 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
i=xhtlt I /3
'1 "._ _._"' - ......-=-<
II W02·WEST IMMKI,40049221;:
-1-
[PROPOSED] ORDER APPOINTING RECEIVER
Exh p 306 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
4
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:
I
5 ;
i
6
Lot 252 of Tract 7710, in the Ci!y of Beverlv Hills,
County of Los Angeles, State of California, "as per map
recorded in book g3 PAGE (S) 94 and 95 of maps in the
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
I
, /4
':."1"- 'r.
-2-
W02-WEST:JMMKI\4004922111 [PROPOSED] ORDER APPOINTING RECEIVER
28
Exh p 307 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Exh p 308 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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
I . ~ I ~
-4-
, ~ - ~ -. - - -..... -
W02-WEST:J MMK I 14004922 I J:
[PROPOSED] ORDER APPOINTING RECEIVER Exh p 309 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
1II 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
7II 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.
22
23
24
25
26
27
28
1
-5-
17
W02-WEST'IMMKIA00492211
[PROPOSED] ORDER APPOINTING RECEIVER
Exh p 310 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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 2007 :' _
7!1 .9<>0;>
iI/
'" . ..
8
_i..
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-6-
-" I '. I g
W02·WESTJ MMK 1,40049221 J.J
[PROPOSED] ORDER APPOINTING "1
Exh p 311 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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. 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 [email protected]
!
11611 San Vicente Blvd., Ninth Floor
10 Los Angeles, CA 0
Facsimile: (310) 447-1902
11 [email protected]
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, / .,--;)
25 \ .-/'1 \ J;;;'S
!f;1
::::;:::::> iJ . C>
David ZasJoff
26
27
28
I
,GJ
Exh p 312 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Exh p 313 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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 , _
Dare November 27, 2007

2J 2;Q
Exh p 314 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
State of
/'
___ ) 1 T __
County of ,-
ft

David J. Pasternak, Receiver
On - ;.:: . 1 -
I "'--
--'
f> =1 \ J .t ,I.
before me,
1--\ v_____
(Solely In that capacity)
a Notary appeared :.)
-J- :- .. ,)
At"">, ( personally known to me (or proved to me on the basis of 'r A <> ,0" <> -<> <> cOt <">.<""» C'b <>
satisfactory eVidence) to be the person(s) whose name(s) i51are
"; liSA I<.ALAYDJIAN
subscribed to the within instrument and acknowletlged to me
\! CO,V'k -;; '1('13184 G)
that he/she/they executed the same in his/her/their authorized
copacity(les), and that by his/her/their slgnature(s) on the ()
instrument the person(s), or the entity upon behalf of which
"<, \" .'-,,"-'\/1 L"." L,-,.", ,
the person(s) acted, executed the instrument.
i ["..",:',,:,c.3 (leT is, 2CC9 ..I.

WITNESS (\ .
Signaturf !J ) \ ,
4)1\,,\0 J. € /!ic£\w.J.
Name
(typed or pnnted)
FTGIS-j4<l8/90 IS area for oIlidal nalanal seal
MAIL TAX STATEMENTS AS DIRECTED ABOVE
2
'LI
Exh p 315 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
433 N. Camoen Drive, 510 • 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.
BUYER(S)
t\J\l
\
David J. Pasternak, Receiver (Solely in that Nivie Samaan
Capacity)
ORT180
Lelle
Page 1 of 1
2 zz..
Exh p 316 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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.
TRANSFEREE/BUYER

David J. Pasternak. Receiver Nivie Samaan
(solely in thBt·capac1ty) _
Address: \,'"\S P...-h. W\', Address: _
1.."\>, ....... _ .If\
[COMPLETION OF I.R.S. FORM 8288, 828B-A, BAND C, and W-7 if applicable IS REQUIRED.]
z.
Exh p 317 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
luln... ."JI V\.I'- 111'-" \.IIIV,-1 \,11'-" UIJVV\-o
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):
ill1.C'Cf\;A,
Joseph H. Zernik
L ..,- 2../-1.:

Exh p 318 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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).
2-

;.;

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Page 1 of 5
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Exh p 319 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
\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
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
10900 Wilshire Blvd.
Los Angeles, CA 90024
\BA/Routing No.: 121137522
=or Further Credit to: Mara Escrow Company
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
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
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.
_C/le 2.- "',.,.,,", Z(.p Page 2 of 5
Exh p 320 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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.
~ ,"" 2- ~ ..., --,
.v""""""" . '-""';1-' '--' , Page 3 of 5
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Exh p 321 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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.
Page 4 of 5
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Z
Exh p 322 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
: : > 1 / J 1
: a w a : A 8
A N V ' d W O ) M m D S 3 \ f C l V ' W p a l \ ! a J a ~
' I I I I l J r i 7 • U U r l r i c ; o r
Exh p 323 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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
-----------
Date: November 16, 2007
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 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
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:
:ONSIDERATION SUMMARY
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
ZERNIK V CONNOR ET AL
25 top
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,
as directed by Buyer(s).
LC/lc
Page 1 of 5
Exh p 325 EXHIBITS VOL V - RECEIVERSHIP
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
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:
Exh p 326 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
26-top
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 qgrees 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):
ill1.('C1\;J\ , k
Joseph H. Zernik
Exh p 327 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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
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.
Los Angeles, CA 90024
\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
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
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.
Exh p 328 EXHIBITS VOL V - RECEIVERSHIP
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
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
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.
O:-vhih1' 2- Ztp
Page 2 of 5
Exh p 329 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
27-bottom
Escrow Officer: Liz Cohen
Esr"""''N No.: 134500-LC
Property Address: 320 So. Peck Drive
Date: November 16, 2007
Beverly Hills, CA 90212-3715
REPORTS AND WARRAN1Y WAIVED BY BUYER: Buyer hereby waives the requirement to receive a Natural Hazard Disclosure
Report, ?T e r ~ i t e 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.
Exh p 330 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
28-top
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
Exh p 331 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Escrow Officer: Liz Cohen Escrt"lw No.: 134S00-LC
Property Address: 320 So. Peck Drive Date: November 16, 2007
Beverly Hills, CA 90212-3715
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.
Exh p 332 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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 "": ..., •...• .L..•
Page 4 of 5
Exh p 333 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Escrow Officer: Liz Cohen
Esr""'w No.: 134S00-LC
Property Address: 320 So. Peck Drive
Date: November 16, 2007
. i
Beverly Hills, CA 90212-3715
BUYER
Nivie Samaan
SELLER
Joseph H. Zernik
Received MARA ESCROW COMPANY
By: Date:
Exh p 334 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
LC/lc
Page 5 of 5
Exh p 335 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
433 N Camden Dri ve, Sui te S10. Beverl y Hi i l s CA
.
90210. (310)
S5O_7400 .
FAX (310)
550_7531
ESCROW
COMMISSION
INSTRUCTIONS
To: Mara Escrow
Company
433 N. Camden
Drive,
Suite 510
Beverly
Hills, CA 90210
Escrow
No.:
134500_LC
Propefi:
320.S^o,feck
Drive,
Beverly
Hills, CA
90212_3715
At the close of escrow'
Escrow
Holder is hereby
authorized
and instructed
to pay
the following
licensed
Real
,i'ji:..r#f1:H::f:Tffl:l,Hji*,:::,:il:.,"i,
*r,,.r,.,o,nlvo,"uiu
u,*,orized
toieJuct
rrom
the
Pay Commission
to:
Coldwell
Banker
166 North canon Drive
$42'950'oo
Beverly
Hills, CA 90210
Agent:
Michael
J. Libow
Phone: (310)273-3113
Fax: (310)
278-4934
Pay Commi ssi on
to:
Gilleran
Griffin Company
942,950.00
1333 Westwood
Boulevard
Suite 101
Los Angeles,
CA 90024
Agent:
Ni vi e Samaan
Phone:
Fax:
Date: November L5, ZOOT
:1
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):
ftntonn,n;^-
Joseph H. Zerni k
Tw\ir,li.
L -..,^L4
433 N. Camden Drive, Suite 510· Beverly Hills CA. 90210. (310) 550-7400 • FAX (310) 550-7531
ESCROW COMMISSION INSTRUCTIONS
Mara Escrow Company
433 N. Camden Drive, Suite 510
Beverly Hills, CA 90210
To:
Escrow No.: 134500-LC
Property: 320 So. Peck Drive, Beverly Hills CA
90212-3715 '
At the close of escrow, Escrow Holder is hereb auth . .
Estate Broker(s) as a Commission for services Instructed to pay the following licensed Real
funds due me under the above numbered escrow. re, w IC amount you are authorized to deduct from the
Pay Commission to:
Coldwell Banker
166 North Canon Drive
Beverly Hills, CA 90210
$42,950.00
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:

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):
ill1.('W\;J\ ,
Joseph H. Zernik
Exh p 336 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
433 N. camden Dri ve, sui te 5t0
.
Beverry Hi i l s cA.902.10. (310)
ss0_7400 .
FAX (310)
55G7531
SPECIAL
SALE I NSTRUCTIONS
TO MARA ESCROW
COMPANY
Property Address:
320 So.
peck
Drive
Beverly Hills, CA 9OZI2-37Ls
Escrow No.:
134S00-LC
Escrow Officer:
Liz Cofren
Ou,.'
Hli&ti,t:H:rigY
rs ucENsED BY rHE srArE oF cAuFoRNrA,
DEPARTMENT
oF coRpoRArroNs,
BUYER: Nivie Samaan
SELLER: Joseph H. Zernik
d.ated September 4. 2004. and CounterOffer No. 1 dated
by and between the buyer and seller referencea aUove,
;;ffi; ilil
";;
J"=,il ffi #:":,"r-.","i
tmendmentS hereto Yntt arp nnf fn ha aan^o' ^oA r.,i l !. ^- I-Lr- E^- - ' .
]$:*::: l:"',::" -J-.^r.:j""i::.I^!: ::.T:r.r:d
with,.oL tiabte for, any memorunJu o'. other asreeru"t
";;"";'in"'i1.i,'"1
l}y|,lffi:
':Jiffj1'j:i,:":?T::.1*:'::r'^T;^"-::r*p.-t:-:1"-transrer
or titre. rfwi;;k#*il;;';&;;ff
i#;
d;#;'';;e;H;r/"ffiffi;l , aar r i r aA
nf l h^ ' - +^ 1^ ^ - l ^ - ^ ^ : ! ^ l . . - l L - - - - -
'equired
of them to be deposited with you.
fhe following additional terms and conditions shall apply in this escrow:
SONSIDERATION SUMMARY
Paid
Outside Escrow
:unds
Through Escrow
ixisting Encumbrances
\ew Encumbrances
fotal Consideration
$
0. 00
$
172, 500. 00
$
0. 00
$
0. 00
$
1, 288, 500. 00
$
257,000.00
$
0.00
$
1, 719, 000. 00
rhese Special Sale Instructions are intended as a supplement to the Residential
purchase
Agreement and Joint Escrow
lnstructions.
3lose of escrow shall be on or before r2lr4l2oo7 and thereafter in the event no written demand is made for cancellation.
lhe undersigned Buyer(s) shall cause to be handed you:
l*)
cashier' s check or wired funds in the amount required to close escrow
l*)
Preliminary Change of Ownership Report
l*)
Glifornia Income Tax Withholding Notice
l*)
Buyer' s Estimated Closing Statement
:*)
Supplemental Instructions
:*)
Executed loan documents
l*)
Read and approved inspection and/or completion report(s)
Ihe undersigned Seller(s) shall cause to be handed you:
:*)
Grant Deed in favor of the Buyer(s)
l*)
Selle(s) Estimated Closing Statement
i*)
Glifornia Income Tax Withholding Notice
i*)
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 Selle(s) signatures thereto,
as directed by Buyer(s).
-r,l.iri:
L
"
LS
LC/lc
Page 1 of 5
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
Beverly Hills, CA 90212-3715
Escrow No.: _----=.c13=-4c..=S.OO-LC _
Escrow Officer: liz Cohen
Date: November 16, 2007__~
MARA ESCROW COMPANY IS UCENSED BY THE STATE OF CAUFORNIA, DEPARTMENT OF CORPORATIONS,
LICENSE NO. 963-1155.
BUYER: Nivie 5amaan
5ELLER: Joseph H. Zernik
:alifornia Residential Purchase Agreement and Joint Escrow Instructions dated September 4, 2004. and CounterOffer No.1 dated
:;eptember 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
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
: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
=unds Through Escrow
::xisting Encumbrances
'Jew Encumbrances
fotal Consideration
$ 0.00
$ 172,500.00
$ 0.00
$ 0.00
$ 1,288,500.00
$ 257,000.00
$ 0.00
$ 1,718,000.00
These Special Sale Instructions are intended as a supplement to the Residential Purchase Agreement and Joint Escrow
Instructions.
: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 5eller(s) signatures thereto,
as directed by Buyer(s).
LC/lc
Page 1 of 5
Exh p 337 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
iscrow Officer:
Liz Cohen
>roperg
Address:
320 So.
peck
Drive
.
,
Beverly Hills, CA 90212_3715
Esr
-,ar
No.:
134500-LC
Date: November
t6, ZOO7
ieller(s) understands
and agrees
that Buyer(s) shall cause to be handed
to you
executed roan documents
in favor of the new
;ifl:t$:Ti;l
[:j::med
approvat
oi the i"r', il-;;lilns
therein.
Escrow Horder is authorized
to compry with the
3uye(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 rropefi is covered under a master policy,
Escrow Holder is authorized
and instiucted
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 bi, 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
9trigg.gr
the county Tax collector as a result of an event prior
to
:losing will be handled solely between the buyer and selier outside of this escrow.
luyer(s) is/are aware the 1st installment
of GENERAL property
taxes is due November 1st and a penalty
will be assessed if not
raid by December 10th' The second installment is due Februiry 1st and a penalty
will be assessed if not paid
by April 10th.
xxx******
PLEASE NOTE*******x
SOOD FUNDS LAW
rursuant
to Insurance code section 124r3.I, there have been guidelines
set which require the holding of funds by a TiUe
)ompany prior
to distribution' Depending upon the type of crrect<(s) deposited, this holding period
ooild d"luy 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
. o:
Sank:
Comerica Bank-California
\ddress: 10900 Wilshire Blvd.
Los Angeles, CA 90024
\BA/RoutingNo.: 121737522
:or
Further Credit to: Mara Escrow Company
\ccount No.
\ttention:
iscrow No.:
1891023507
Liz Cohen
134500
x******x************
/ou are hereby authorized and instructed to obtain current, written demands for the satisfaction of all matters of record that I am
.o 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 io close of escrow. In
:he event a demand submitted to escrow is determined not to be current within this definition, you are fufther 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 Selle(s) as per separate instructions
rftached hereto and made a part hereof.
fhe 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'siBorrower's Vesting is amended as follows:
\ivie Samaan, a married woman, as her sole and separate propefi
:ITY OF BEVERLY HILLS NOTIFICATION: In the event the propefi is in the City of Beverly Hills, you shall obtain and submit
\otification of Sale/Exchange of Real Propefi on behalf of Seller and Buyer as required by the City of Beverly Hills Municipal Code
iections 9-3.1501, 9-1.102 & 9-2.112, which notification shallalso conform to the requirements of the CiW of Beverly Hills relative
:o the requiring of smoke detectors in residential buildings. Seller will hand you a properly executed Notification indicating the
:roperty 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.
IERMS OF THE PURCHASE: The terms of the Purchase Price are hereby amended to be as follows:
Earnest Money Deposit
Balance of Down Payment
New lst Loan
New 2nd Loan
TOTAL CONSIDERATiON
$30, 000. 00
$142, 500. 00
$1, 288, 500. 00
$257,000.00
$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.
: . hi bi j Z
nrrr-
Z(O
Page 2 of 5
:scrow Officer:
)roperty Address:
Liz Cohen
320 So. Peck Drive
Beverly Hills, CA 90212-3715
Esr· No.:
Date:
134500-LC
November 16, 2007
;eller(s) and agrees that Buyer(s) shall cause to be handed to you executed loan documents in favor of the new
ender ":,,hlch shall be deemed approval of the terms and conditions therein. Escrow Holder is authorized to comply with the
nstructlons of the lender.
3uyer(s) will furnish Escrow Holder with evidence of hazard insurance acceptable to lender. Escrow Holder is authorized and
to pay from Buyer(s) funds t.he premium for 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 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. taxes which may be billed after closing by the Office of the County Tax Collector as a result of an event prior to
:Ioslng 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********
:iOOD 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
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:
\ddress:
\BA/Routing No.:
=or Further Credit to:
\ccount No.
\ttention:
:scrow No.:
Comerica Bank-California
10900 Wilshire Blvd.
Los Angeles, CA 90024
121137522
Mara Escrow Company
1891023507
Liz Cohen
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
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
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.
3uyer's/Borrower's Vesting is amended as follows:
'livie 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 Notificati?n 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
Balance of Down Payment
New 1st Loan
New 2nd Loan
TOTAL CONSIDERATION
$30,000.00
$142,500.00
$1,288,500.00
$257,000.00
$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.
':: vHh;V 2- '..... Ztp Page 2 of 5
_(lie .'. ' ....
Exh p 338 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Escrow Officer:
Liz Cohen
Property Address:
320 So.
peck
Drive
Beverty Hills, CA 9O2IZ-37Ii
Esr' .w No.:
134500-LC
Date:
November
L6, ZOO7
1
REPoRTS AND WARRANTY
WAIVED BY BUYER'
PYy:,'hereby
waives the requirement
to receive
a Naturar Hazard Discrosure Report' a Termite Inspection
Report and any work indicatediy
such report, and Home warranty ptan.
inese items are hereby
351""t51,i"t1il:H::*ite;:f|,
herebv releases and relieves
Elcrow Hotdei of
"nv
rno ail tiabitity
and/or responsibitity
in
SAVINGS ACCoUNT: The law concerning the disbursement
of funds requires that all funds must be availabte 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
cotisid"r 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]l and may be transferred to any other such general
accgunt or accounts. The parties
to this escrow acknowledge and agree that the maintenance of such escrow accounts with certain cJepository 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 seruices, 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 (134500-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
t o $100, 000. 00.
Fufther, 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
Reserue 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
INSTRUCNON. FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNTTY FOR
WIRE PLACEMENT.
The following general provisions shall apply in this escrow:
l. 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 propefi 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/tc .i.\rhri Z
=*.,,
n Page 3 of 5
Escrow Officer:
Property Address:
Liz Cohen
320 So. Peck Drive
Beverly Hills, CA 90212-3715
Esr··"lw No.:
Date:
134500-LC
November 16, 2007
".
BY
d
BUYER: hereby waives the requirement to receive a Natural Hazard Disclosure
, , " 0 an any wor In Icated by such report, and Home Warranty plan These items are her b
deleted .In entirety. Buyer hereby releases and relieves Escrow Holder of any and all liability and/'or respo 'b""ty' e y
connection with these items. nSI I I In
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 70nsidered immediate.ly 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 (134500-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.
.., I
,
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
INSTRUCTlON. FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE I\lEXT OPPORTUNTIY 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.
Page 3 of 5
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.
;:X";h" 2-- ;"'-".' 1-7
LC/lc
Exh p 339 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Escrow Officer: Liz Cohen
Property Address: 320 So. Peck Drive
Esc' nw No.: 134500-LC
Date: November 16,2007
Beverly Hills, CA 902I2-37Ls
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 entiged
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 a&ion ln
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 aftention concerning this transaction unless specifically requested to do so by any party.
B. 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 agreemen(s) have been
made a part of this escrow. To the extent of any conflicts between these General Provisions (including
loint
escrow instructions, if
applicable) and any other agreement(s) between the parties,
these General Provisions (including
ioinfescrow
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 isiued 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 poliry
form on file with the Insurance Commissioner of the State of
California and available through the Tltle 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 forcommunicating
ine license status of
any person or entity receiving a commission or other compensation from escrow to the
parties
herein.
72. 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 Ltnclaimed
property
LJw 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 shortaqes
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 inspedions or repofts required by
this transaction.
16. Contingencies. Escrow Holder is relieved of any obligation to monitor, schedule the timing of, or obtain any pafi'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 t24I3.I of the Insurance Code of the State of California.
LC/lc
Z , - r ^ - n 8
Page 4 of 5
Escrow Officer:
Property Address:
Liz Cohen
320 So. Peck Drive
Beverly Hills, CA 90212-3715
Escrnw No.:
Date:
134S00-LC
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
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 Page 4 of 5
Exh p 340 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Escrow
Officer:
Property
Address:
Liz Cohen
320 So. Peck Drive
Beverly
Hills, CA 902l2-37ts
Esr*' rru No.'
134S00-LC
Date:
November
16, ZOO7
BUYER
Ni vi e Samaan
SELLER
Received MARA ESCROW COMPANY
By:
Date:
LCllc
i:.yq,,:,,i L, * r , , , , 2?
Page 5 of 5
Escrow Officer:
Property Address:
BUYER
Nivie Samaan
SELLER
Joseph H. Zernik
Liz Cohen
320 So. Peck Drive
Beverly Hills, CA 90212-3715
Esr""'N No.:
Date:
134S00-LC
November 16, 2007
/
Received MARA ESCROW COMPANY
By:
LC/lc
Date:
Page 5 of 5
Exh p 341 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
RONALD B. CLARK, Director
DEPARTMENT OF BUILDING AND SAFETY
(310)285-1140
455 North Rexford Drive
FAX: (3 J0) 273-0972
Beverly Hills, California 9021 0-4817
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, please 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
Exh p 342 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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
Beverly Hills, CA 90210
Attn: Liz Cohen
REFERENCE: Escrow No.: 134500-LC
Please issue said demand as quickly as possible. Thank you for your attention.
Seller(s)

Joseph H. Zernik
! ..)
.:.!i,
. : "! : r ;
Z
Exh p 343 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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 _
Loan Number Est. Balance _
Telephone _
Paid in full through escrow: YES; or
Remain on property and be subordinated to new loan: YES
FOURTH 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
HOMEOWNER'S ASSOCIATION (if applicable)
Association Name
Management Co. Name _
Address, _
Account Number Phone No. _
2-
~ ~
LC/lc Page 1of 2
Exh p 344 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
ADDITIONAL HOMEOWNER'S ASSOCIATION (if applicable)
Association Name _
Management Co. Name _
Address _
Account Number Phone No. _
ADDITIONAL HOMEOWNER'S ASSOCIATION (if applicable)
Association Name _
Management Co. Name _
Address _
Account Number Phone No. _
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 Page 2 of 2
Exh p 345 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
-.-.­
:-:-:
:::::
CREDIT
UNION
F\..E:-:£FIClARY DEMAND 30,2007
YOrR ESCROW # 134500-LC OUR ACCOUNT # 302780
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 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 :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 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'(


Rcal
---
Estate Department
.. ----­
\PPRUV!!) ,'I ;f{ :",Y\lF"-!
3 ?'-f
Exh p 346 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
• •
•••••
•• • •a-­
•••••
•• •
Real Estate Loan Servlclns
·,ONION
8155 Mercury Cou'1 M-904
BANK OF Sa:") Diego, CA 92111-5443
,856 '196-55.1'
CALIFORNIA '
il58'
Fax
,NV NO; :')05CS
LOAt-I TYpE
ORDER It:
ARM lOAN YFS
eSCROW co
IN1ERCSTRAiE.:
ESCROW": 134500-LC
ARM NF:XT 'N r ,\0. 12,:'.'"2
rrN L17 COf-<E'<
fInN
r'PP CODE: (1
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.
168,000 00
'principal BaJarce Paid 10 12/01 '01
$
,110 ,17
Interest From 12,01'07 to 11/30/2007 J 00
S
S
Prepayment $
'lOa
, 'I'ro RatOl 1\11'1,11 or PMJ PremlUI'l $
000
'A & II 1 Ufe Pramlum
5
:) 00
I- SClDW Advance $
oUO
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
Fees (NSF etc,) ::; 00
or Release Fee \i CO
S
Recarding I-ee 031 (lOS Argeles) 30 no
$
Demana ree OUO

Amendedl\Jnp;)I(j DemOlnd Fees
:,
0:)0
Processing/Other
$
767 9i'3 53
rurAL AMOlJN1 DUE PLUS ADDITIONN INl EREST IF APPLICABLE (see belOW)
ie, accordance your request to plepay the loan, you authoflzed to use said docume!nts 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
tlgules w" aetermlncd are basl"d Dn a 365 day calcu!;;tlon
fire
I
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
AMOUN, EXPIRATION DATE
POLICY II­
COMPANY
$533.9000D 05/28/2008
STATE fARM INSU
71KB464-,3
The escrow account ras a bCllclnce of $0 00 This Clmount is subject to change depending en 'a;< 3nd
insurance dll'" dales Fscrow fllnds wrll be 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,
I ,5 tile responsibility of the bo'rower '0 nOlitj liS I' -";;re IS a d,scropancy wltn Ire (l1'1')IIrls cr Irs ,latemer'l
"lcrrcwer's "jere'S!; [email protected]('C tc 'lour Ceouest pro:np\'y
""clng l',1e \irre thiS C'ln IS Iii escr:Jw we reqw"'f that rl1jmer'S cont ..l'JE to JG c;lJrje as t' becccre ,juc 7hs
:·t.1Iemcnt IS wbject to chang= until t"e I02
n
's pl nln 'ull
'lgr:t:O witr,rjraw OLf dem;Jlrd If t:> ,lot C1Q'Si!rJ 'J\I,trlln 3C days the dute..,f 1eirw'd.
'N THE EVFNT THIS ESCROW IS CANCELLED. FORWARD THE CANCELLATION FEE OF $30.00 IMMEDiATELy,
ii -ccrely
,","> 'I' \'''' , 'CP"(",""
'-\1".' .1'\,
lJnlol' :l::lnt; of Ca,.forn'a. N A
'3 3&
Exh p 347 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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.
3lt>
4
Exh p 348 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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 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 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

Exh p 349 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Instructions for Form 593-C
Withholdin,a Exemption Certificate
Purpose
Use this form to determine whether you qualify for a full or partial
withholdinq exemption.
Note: Qualifying for an exemption from withholding or being
withheld upon does not relieve you of your obligation to file a
California tax return and pay any tax due on the sale of the
California real estate.
This form must be submitted before the close of escrow to
prevent withholding on the transaction. After escrow has
closed, amounts withheld may be recovered only by claiming
the withholding as a credit on the appropriate year's tax
return.
Part I Seller's Information
Name, Address, and Taxpayer Identification Number
Enter the name, address, and tax identifICation number of the seller or
other transferor. If the seller does not provide a tax 10 number, then Form
593-C is void, and withholding is required.
If the seller is an individual, enter the social security number (SSN) or
individual taxpayer identification number (ITIN). If the sellers are
husband and wife and plan 10 file a joint relurn, enter the name and SSN
or ITIN for each spouse. Otherwise, do not enler information for more than
one seller. Instead, complete a separate Form 593-C for each seller.
Note: If you do not have a SSN because you are a nonresident or
a resident alien for federal tax purposes, and the IRS issued you an
ITIN, enter the ITIN in the space provided for the SSN.
An ITIN is a tax processing number issued by the IRS to foreign
nationals and others who have a federal tax filing requirement and
do not qualify for a SSN. It IS a nine-digit number that always starts
with the number 9.
If the seller is a revocable trust, enter the grantor's individual name and
SSN. For tax purposes, the revocable trust is transparent and the
individual seller must report the sale and claim the withholding on their
individual tax return. If the trust was a revocable trust that became
irrevocable upon the grantor's death, enter the name of the trust and the
trust's federal employer identification number (FEIN). Do not enter the
decedent's or trustee's name or social security number.
If the seller is an irrevocable trust, enter the name of the trust and the
trust's federal employer identification number (FEIN).
Do not enter trustee information.
If the seller is a single member, disregarded LLC, enter the name and tax
identification number of the single member.
Escrow Officer: if you choose to provide a copy of Form 593-C to the
buyer, you may delete the seller's lax identification number on the buyer's
copy
Ownership Percentage
Enter your ownership percentage rounded to two decimal places
(e g.66.67%). If you are on title for incidental purposes and you have no
financial ownership, enter 000 and skip to Part IV You will not be
withheld upon.
Examples of sellers who are on title for incidental purposes are:
Co-signors on title (e.g., parents co-signed to help their child
qualify for the loan).
Family members on title to receive property upon the
owner's death.
Part II Certifications That Fully Exempt
Withholding
Line 1 - Principal Residence
To qualify as your principal residence under Internal Revenue Code (lRC)
Section 121, you (or the decedent) generally must have owned and lived in
the property as your main home for at least two years during the five-year
period ending on the date of sale. Military and Foreign Service, get
FTB Pub. 1032, Tax Information for Military Personnel. You can only
have one main home at a time. If you have two homes and live in both
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
are selling the home is for a change in the place of employment,
health, or unforeseen circumstances such as death, divorce, or loss of
job, etc. For more information about what qualifies as your principal
residence or exceptions to the two-year rule, get IRS Publication 523,
Selling Your Home. You can get this publication by accessing the
Internal Revenue Service's Website at www.irs.gov, or by calling the
IRS at (800) 829-3676.
Note: If only a portion of the property qualifies as your principal
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
determine depreciation.
Decedent's Estate: If the property was held in the decedent's
revocable trust that became irrevocable upon the decedent's
death, then the trust becomes a taxable entity separate from the
decedent. However, the principal residence exemption may be
claimed if both of the following statements are true:
a The decedent would have qualified for the principal
residence exemption, and
b. Both the executor of the estate and the trustee of the trust
are electing to treat the trust as part of the estate under IRC
Section 645. (Federal Form 8855, Election to Treat a
Qualified Revocable Trust as Part of an Estate, is used to
make the election.)
If the IRC Section 645 election will be made, the estate is
considered the seller for withholding purposes and the
executor can certify that the estate meets the principal
residence exemption. The executor or trustee should write
at the bottom of Form 593-C, Real Estate Withholding
Certificate, to indicate that the trust is electing to be included
in the estate under IRC Section 645.
If the trust was created as an irrevocable trust or became irrevocable
prior to the grantor's death, then the principal residence exemption
cannot be claimed.
Line 2 - Property last used as your principal residence
If the property was last used as the seller's or decedent's
principal residence within the meaning of IRe Section 121
without regard to the two-year time period, no withholding is
required. If the last use of the property was as a vacation
home, second home or rental, you do not qualify. You must
have lived in the property as your main home. If you have two
homes and live in both of them, the main home is the one you
lived in most of the time.
Decedent's Estate: If the property was held in the decedent's
revocable trust that became irrevocable upon the decedent's
death, then the trust becomes a taxable entity separate from the
decedent. However, the last use exemption may be claimed if both
of the following statements are true:
a. The decedent would have qualified for the last use
exemption, and
b. Both the executor of the estate and the trustee of the trust
are electing to treat the trust as part of the estate under IRe
Section 645. (Federal Form 8855, Election to Treat a
Qualified Revocable Trust as Part of an Estate, is used to
make the election.) If the IRC Section 645 election will be
made, the estate is considered the seller for withholding
purposes and the executor can certify that the estate meets the
last use exemption. The executor or trustee should write at the
bottom of Form 593-C, Real Estate Withholding Certificate,
to indicate that the trust is electing to be included in the
estate under IRC Section 645.
If the trust was created as an irrevocable trust or became
irrevocable prior to the grantor's death, then the last use
exemption cannot be claimed.
Form 593-C/Form 593-E Booklet 2006 Page 5
4 ~ . ~ ~
Exh p 350 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Line 3 - Loss or Zero Gain
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
complete Form 593-E, Real Estate Withholding - Computation of
Estimated Gain or Loss, and have a loss or zero gain on line 16 to
certify that you have a loss or zero gain on this sale.
You may not certify that you have a net loss Dr zero gain just because you
do not receive any proceeds from the sale or because you feel you are
selling the property for less than what it is worth.
Line 4 - Involuntary Conversion
The property is being involuntarily or compulsorily converted when:
• The California real property is transferred because it was (or
threatened to be) seized, destroyed, or condemned within
the meaning of IRC Section 1033, and
• The transferor (seller) intends to acquire property that is
similar or related in service or use in order to be eligible for
nonrecognition of gain for California income tax purposes.
Get IRS Publication 544, Sales and Other Dispositions of Assets, for more
information about involuntary conversions.
Line 5 - Non-recognition Under IRC Sections 351 or 721
The transfer must qualify for nonrecognition treatment under IRC Section
351 (transferring to a corporation controlled by transferor) or IRC Section
721 (contributing to a partnership in exchange for a partnership interest).
Escrow Officer: If, during the escrow, an individual seller transfers title to
a corporation or partnership and then the corporation or partnership
transfers title to the buyer, then there are two transfers for withholding
purposes. Accordingly, two separate Forms 593-C should be completed.
The individual must complete one form, for the transfer to the corporation
or partnership. The corporation or partnership must complete the other
form, for the transfer to the buyer.
Line 6 - Corporation
A corporation has a permanent place of business in California
if:
• It incorporated in California;
• It is qualified to transact business in California through the California
Secretary of State; or
• It will maintain and staff a permanent office in California
immediately alter the sale
S corporations must withhold on nonresident S corporation
shareholders. Get FTB Pub. 1017, Nonresident Withholding
S Corporation and Partnership Guidelines, for more information.
Line 7 - Partnership or Limited Liability Company (LLC)
Withholding is not required if the recorded title to the property being
transferred is in the name of a partnership. However, partnerships must
withhold on nonresident partners. (Get FTS Pub. 1017, Nonresident
Withholding Partnership Guidelines, for more information.)
Withholding is not required if the recorded title to the property is in the
name of an LLC that:
• Is classified as a partnership for federal and California income tax
purposes; and
• Is not a single member LLC that IS disregarded for federal
and California Income tax purposes.
If the LLC meets these conditions, the LLC must still withhold on
nonresident members. (Get FrS Pub. 1017, Nonresident Withholding
Partnership Guidelines, for more information.)
Note: If the LLC is a single member LLC that is disregarded for federal
and California income lax purposes, then that single member is conSidered
to be the seller and the one on title for withholding purposes. If the
member is an individual, complete the form as that individual. If the
member is a corporation, complete the form as that corporation. If the
member is a partnership or LLC, complete the form as that partnership or
LLC; etc.
Note: When completing Form 593-C as the single member of a
disregarded LLC, write on the bottom of the form that the
information on the form is for the single member of the LLC so
that your escrow offICer will understand why it is different from
the recorded title holder.
If the LLC is classified as a corporation for federal and California
income tax purposes, then the seller is considered to be a
corporation for withholding purposes. Refer to Line 6.
Line 8 - Tax-Exempt Entity
Withholding is not required if the seller is tax-exempt under either
California or federal law (eg., religious, charitable, educational, not
for profit organizations, etc.).
Line 9 - Insurance Company, Individual Retirement
Account, Qualified Pension or Profit-Sharing Plan, or
Charitable Remainder Trust
Withholding is not required when the seller is an insurance
company, individual retirement account, qualified pension or profit­
sharing plan, or a charitable remainder trust.
Part III Certifications That May Partially or
Fullv ExemDt Withholdin
Complete Part III only if you did not meet any of the exemptions in
Part II. If you met an exemption in Part II, skip to Part IV.
Line 10 - Simultaneous Exchange
If the California real property is part of a simultaneous like-kind
exchange within the meaning of IRC Section 1031. the transfer is
exempt from withholding. However, if the seller receives taxable
proceeds (boot) exceeding $1,500 from the sale, the withholding
agent must withhold on the boot.
Line 11 - Deferred Exchange
If the California real property is part of a deferred like-kind exchange
within the meaning of IRC Section 1031, the sale is exempt from
withholding at the time of the initial transfer. However, if the seller
receives taxable proceeds (boot) exceeding $1,500 from the sale, the
withholding agent must withhold on the boot.
The intermediary or accommodator must withhold on all cash or cash
equivalent (boot) it distributes to the seller if the amount exceeds
$1,500. If the exchange does not take place or if the exchange does
not qualify for nonrecognition treatment, the intermediary or
accommodator must withhold 3 1/3 percent of the total sales price.
Line 12 -Installment Sale
Normally, to comply with an installment sale agreement, the
buyer agrees to withhold on each principal payment. If the buyer
chooses this method, the buyer must agree either to withhold
31/3% on each principal payment or the installment withholding
percentage specified by Seller according to box 9 of Seller's
election and certification on Form 593-6, Real Estate Withholding
Tax Statement. The buyer must also complete Form 593-1,
Real Estate Withholding Installment Sale Agreement. See
Form 593-1 and the instructions for withholding and remitting the
applicable amount on each installment payment.
Form 593-1 must be attached to Form 593-S, Real Estate
Withholding Tax Statement, when the withholding on the first
installment payment is sent to the Franchise Tax Board.
Note: If you do not wish to defer withholding, do not ask the buyer
to complete Form 593-1.
Part IV Seller's Signature
You must sign this form and return it to your escrow officer by the
close of escrow for it to be valid. Otherwise, the withholding agent
must withhold the full 3 1/3 percent of the total sales price or the
alternative withholding amount certified by the seller in box 8 of Form
593-8.
Any transferor (seller) who, for the purpose of avoiding the
withholding requirements, knowingly executes a false
certificate is liable for a penalty of $1,000 or 20 percent of
the required withholding amount, whichever is greater.
Page 6 Form 593-C/Form 593-E Booklet 2006
4 ~ ' 1
Exh p 351 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
CALIFORNIA FORM
YEAR
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 Selling expenses
3 Amount Realized. Subtract line 2 from line 1
2
3
_
_
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,
16 _
line 3. If you have a gain, go to line 17 .
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 p e ~ u r y , 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
4
4c Exh p 352 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
Instructions for Form 593-E
Real Estate Withholdin.a Computation of Estimated Gain or Loss
Purpose
This form is used for sales closing in 2007 and can be used by both
individual and non-individual sellers. It allows you to estimate the
amount of your loss or gain for withholding purposes and calculate an
altemative withholding amount.
Caution: vou may use estimates when you complete this form, but
the estimates must not result in the calculation of a loss when you
actually have a gain. Any transferor (seller) who, for the purpose of
avoiding the withholding requirements, knowingly executes a false
certificate is liable for a penalty of $1 ,000 or 20 percent of the required
withholding amount, whichever IS greater.
Caution: This form is signed under penalty of perjury.
Who can complete this form?
The seller should complete this form. Title and escrow persons and
exchange accommodators are not authorized to provide legal or
accounting advice for purposes of determining withholding amounts.
Sellers are strongly encouraged to consult with a competent tax
professional for this purpose.
How can you get Federal publications?
Internet: www.lrsgov
Phone: (800) 829-1040
Line-by-Line Instructions
Line 1 - Selling Price
The selling price is the total amount you will receive for your property.
It includes money, as well as, all notes, mortgages, or other debts
assumed by the buyer as part of the sale, plus the fair market value of
any other property or any services you receive.
Line 2 - Selling Expenses (optional)
Selling expenses include commiSSions, advertiSing fees, legal fees,
and loan charges that will be paid by the seller, such as loan
placement fees or pOints.
Line 3 - Amount Realized
The amount realized is the selling price minus the selling expenses.
Line 4 - Purchase Price
If you acquired this property by purchase, enter your purchase price.
Your purchase price includes the down payment and any debt you
incurred: such as a first or second mortgage or promissory notes you
gave the seller in payment for the property. If you acquired the
property by gift, inheritance, exchange, or any way other than
purchase, see page 9, Table 1.
Line 5 - Se/ler--Paid Points
Points are charges paid to obtain a loan. They may also be called loan
origination fees, maximum loan charges. loan discount, or discount
points. If the seller paid points for you when you acquired the
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
4.
Line 6 - Depreciation
Enter the amount of depreciation you deducted, or could have
deducted, on your California income tax returns for business or
investment use of the property under the method of depreciation you
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
have taken under that method. If you did not take a depreciation
deduction, enter the fuJI amount of depreciation you could have taken.
Get IRS Publication 946, How to DepreCiate Property, if you need
more information.
Depreciation Option - If you do not know how much depreciation you
deducted or were allowed, you can make an estimate of the amount of
depreciation (for withholding purposes only), To estimate the
depreciation, divide the purchase price plus the cost of additions and
improvements by 27.5 and multiply that by the number of years you used
the property for business use (up to 27.5 years).
Example: Mary bought a house 20 years ago for $150,000
and has used it as a rental property for the last 18 years. Prior
to renting the house, she added a pool which cost her $25,000.
Mary's depreciation is estimated as follows:
Cost $150,000
Plus additions 25,000
Total 175,000
Divided by 27.5 = 6,364
Multiply by 18 years = $114,552
Mary's estimated depreciation to enter on line 6 would be $114,552.
Line 7 - Other Decreases to Basis
Include any other amounts that decrease your basis, such as:
• Casualty or theft loss deductions and insurance reimbursements;
Energy credits claimed for the cost of energy improvements
added to your basis; or,
• Payments received for granting an easement or right-of-way.
Line 10 - Additions and Improvements
These add to the value of your property, prolong its useful life, or adapt it
to new uses. Examples include: room additions, landscaping, new roof,
insulation, new furnace or air conditioner, remodeling, etc. The cost of
repairs may not be included unless they are part of an extensive
remodeling or restoration project. Do not include any additions or
improvements on line 10 that were included on line 4.
Line 11 - Other Increases to Basis
Include the amounts paid for any other items that increase the basis of the
property, such as:
• Settlement fees and closing costs you incurred when you
bought the property;
• The amount you paid for special assessments for items such
as water connections, paVing roads, and building ditches: or,
• The cost of restoring damaged property from a casualty loss,
or cost of extending utility service lines to the property.
Line 14 - Passive Activity Losses
vou may only use suspended passive activity losses that directly relate to
the property being sold. Other losses such as net operating losses,
capital loss carry-forwards, stock losses, and passive activity losses from
other properties cannot be used.
Line 16 - Loss For Withholding Purposes
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
15, you have a zero gain.) Check the ·vES" box on Form 593-C, line 3.
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
document your calculations. Form 593-L must be furnished to the FTB if
requested,
Line 17 - Gain For Withholding Purposes
If the amount you will realize (line 3) is more than the amount
on line 15, the difference is your gain on the sale for Withholding purposes.
Vou must check the "NO· box on Form 593-C, line 3. Vou will be SUbject
to the full 3 1/3 percent withholding on the total selling price
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/ Exh p 353 EXHIBITS VOL V - RECEIVERSHIP
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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
Property was inherited from someone
other than your spouse
You owned the property
(as community property) with your
spouse who died
You owned the property (in joint tenancy)
with your spouse who
died
Property received from your spouse
incident to your divorce
Property received in exchange for other
property
You built the house (or other
improvements) on the property being sold
You received the property in a
foreclosure
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.
Usually, your basis is the fair market value at the date of the individual's death. You can get that valuation
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.
Your basis is the fair market value of the total property at the date of your spouse's death. Enter the fair
market value on line 4.Then complete the rest of the form (except line 5) with your information after the
date of death.
Your basis is the sum 01'1) the fair market value of your spouse's half of the property at the date of the
spouse's death; and, 2) the existing basis of your half of the property at the date of your spouse's death.
Enter the sum on line 4. Then complete the rest of the fonm (except line 5) with your informalion after the
date of death.
Usually, your basis is the same as it would have been without this transfer. Complete Form 593-E as if you
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.
Your basis will depend on whether you received the property in a nontaxable, taxable, or partially taxable
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.
Add the purchase price of the land and the cost of the building. Enter the total on line'" and complete the
rest of the form.
Note: If you deferred the gain from a previous home to this property, get federal
Publication 551.
Enter your basis in the property after the foreclosure on line .... (You may need to get a tax professional to
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--<..
Exh p 354 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
433 N. Camden Drive, Suite 510 • Beverly Hills CA' (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
f

LC/sa
Exh p 355 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
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;
2. My U.S. taxpayer identifying number (Social Security Number) is
~ : : : : - : - _ - - = - ~ = ~ = ~ : ~ ~ ~ ~ i S ; 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.
identification number , and
[name of transferor]'s U.s. employer
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
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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~ ~ 9 5 6 . 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.
Exh p 358 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
I
.. This page is part of YI)Ur docunnent • DO NOT DISCARD
;s: 20072759874
=- '"1111111111
Recorded/Filed in Official Records Fee' 1400
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
III III III
LEAD 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
Exh p 359 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
UNITED TITLe COMPANY
WESTLAKE VILLAGE BRANCH
RECORDING REQUESTED BY:
United Title Company
Tille
APN
tI:
tt:
8070 1422·77
4328-0024-023
WHEN RECORDED MAIL TO
12117/07
11111 111\l 11111 11111 11111 lil\ Illl
20072759874
SPACE ABOVE THIS LINE FOR RECORDERS USE
Grant Deed

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 at time of sale.
( ) Umllcorporated are,l', of Beverly
r:DR A VALUABLE CONSIDERATION, receipt of which IS h acknowledged,
T: 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 of Los Angeles [Ollnt'!, State of California, described as follows:
Lot 252 of 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 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
Exh p 360 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
..
State of
County of Lex:., A"li-c/c ';
On (I .:9 'L:.. 0 '7 teforc r11e,
Public, I"
L (;>,JI() J. __
personally known to me (or proved to me on the baSI!, of
satisfactory eVidence) to the person(s) whose name(s) isiare
sul)scribed to the within and acknowledged to me
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
the person(s), or the entity upon behalf (If w!:lch
the acted, exeC1;,ted the Instrument.
WITNESS my hand and qJ1'i2:ial seal
Slqnature }-/" l" tir;f:''''
, . I .
/ 1-,.\ r.,__ fr"r; ((', (! {/ /A....-
I\ame
(typed or printed) f J
bl5 14() 8(9'l
,AAOAAOAAOAA<><>
LlSAKALAYDJIAN
v COMM ti 1613184 :.
(ry co ... NOTARY . CALIFORNIA Gl
l05 ANGELES ()
I CUlM. EXPIRES OCT. 15, 2009 ..
Jf e 0 Q va '0 vV' VV=<O= V"GIlJ' r:Q:-.(.
This area for offiaal notanal seal
MAIL TAX STJITEMENl'S DIRECTED ABOVE
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Exh p 362 EXHIBITS VOL V - RECEIVERSHIP
ZERNIK V CONNOR ET AL
STAMP IS ON BACK OF LAST PAGE

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