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HomeMy WebLinkAboutLot Line Adjustment LLA2004002 - Supporting Documents'NOR 1 EI HIDVILf`kfUkA EIIDIqW G.. AND WHEN RECORDED MAIL TO NAMEPATRICIA B. KLINGENSMITH, et l ADDRESS 453 VIA LIDO SOUD smE NEWPORT BEACH, CA 92663 1120.00II L J 20020864011 11:48am 10/07/02 Title Order No . 20-54692 -70 123 48 DII A36 5 o 64632 AE 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00Esc row N Assessor's Parcel No. 165-301-25 Date September 10, 2002 This Documents electronically recorded by orth American Recorded in Official Records,County of Orange Darlene Bloom, Interim Clerk-Recorder SPACE ABOVE THIS LINE FOR RECORDER'S USE SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS This Deed of Trust is made this Tenth day of September, 2002 between HOUSHANG MOAYERI and A. AMY MOAYERI , husband and wife as joint tenants , herein called TRUSTOR, whose address is 17791-17811 BEACH BLVD., HUNTINGTON BEACH, CA 92647, MOR ESCROW SERVICES , INC., a California Corporation , herein called TRUSTEE, and PATRICIA B. KLINGENSMITH AND ALLEN KLINGENSMITH , AS TRUSTEES OF THE PATRICIA B. KLING _ ENSMITH AND ALLEN KLINGENSMITH DECLARATION OF TRUST DATED DECEMBER 1, f 9e,6. Witnesseth: Trustor IRREVOCABLY GRANTS, TRANSFERS, AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in ORANGE County, CA, described as: SEE ATTACHED EXHIBIT "A" FOR COMPLETE LEGAL DESCRIPTION. This Deed of Trust is given and accepted as a portion of the purchase price. This Deed of Trust is given and accepted upon the express provision that should the property hereinbefore described, or any part thereof, be conveyed or alienated by Trustor, either voluntarily or by operation of law, without Beneficiary's written consent, then all sums secured hereby shall, at Beneficiary's option, become immediately due and payable. INITIALS:CONTINUED ON PAGE 2 I I IIIII II I SSSI 330A REV 7/94 Page id3 • • SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS Title Order No. 20-54692-70 EscrowNo. 64632-AE Assessor's Parcel No. 16 5 - 3 01- 2 5 Date September 10, 2002 TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits For the Purpose of Securing I Performance of each agreement of Trustor incorporated by reference or contained herein 2 Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $ 6 7 5 , 0 0 0 . 0 0 executed by Trustor in favor of Beneficiary or order 3 Payment of such further sums as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is so secured To Protect the Security of this Deed of Trust , Trustor Agrees : By the execution and delivery of this Deed of Trust and the note secured hereby. that provisions (I) to (14). inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County October 18. 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 684 Imperial 1091 501 Modoc 184 851 San Francisco A332 905 Solano 1105 182 Alpine 1 250 Inyo 147 598 Mono 52 429 San Joaquin 2470 311 Sonoma 1851 689Amador104348Kern342760Monterey2194538San Luis Obispo 1151 12 Stanislaus 1715 456 Butte 1145 1 Kings 792 833 Napa 639 86 San Mateo 4078 420 Sutter 572 297 Calaveras 145 152 Lake 362 39 Nevada 305 320 Santa Barbara 1878 860 Tehama 401 289 Colusa 296 617 Lassen 171 471 Orange 5889 611 Santa Clara 5336 341 Trinity 93 366 Contra Costa 3978 47 Los Angeles T2055 899 Placer 895 301 Santa Cruz 1431 494 Tulare 2294 275Del Norte 78 414 Madera 810 170 Plumes 151 5 Shasta 684 538 Tuolumne 135 47 El Dorado 568 456 Mann 1508 339 Riverside 3005 523 San Diego Series 2 Book Ventura 2062 386Fresno4626572Mariposa77292Sacramento4331621961, Page 183887 Yolo 653 245 Glenn 422 184 Mendocino 579 530 San Benito 271 383 Sierra 29 335 Yuba 334 486 Humboldt 657 527 Merced 1547 538 San Bernardino 5567 61 Slsktyou 468 181 (which provisions , identical in all counties , are printed on Page 3 hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length, that he will observe and perform said provisions , and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations and parties set forth in this Deed of Trust The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth Signature of Trustor Signature of Trustor 16 ING A STATE OF C I COUNNTTYqO }SS On _ _ -/ before me, the undersigned Notary ublic in and for said State, personally appeared HOUSHANG MOAYERI and A. AMY MOAYERI, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons , or the entity on behalf of which the persons acted , executed the instrument. WITNES my hand nd fficig1 se . Page 2 A- AMY M AYERI FOR NOTARY SEAL OR STAMP ANGELA ERICKSON COMMISSION #1278510 Notary Public - California ORANGE COUNTY c My Commission Expires OCTOBER 25, 2004 Signature SSI330.2AREV 7/94Page 2of3 DO NOT RECORD • The following is a Copy of provisions (I) to (14) Inclusive Of the ttCtiflous deeds of trust recorded in each County In California as stated in the foregoing Deed of Taut and incorporated by reference in said deed as being o part thereof as it set forth at length therein To Protect the Security of This Deed of Trust , Trustor Agrees: (1) To keep said property In goad condition and repair not to remove or demolish ony building thereon, to complete and restore promptly and in good and wokmonkke manner any building which may be Constructed damaged or destroyed thereon and to pay when clue all clam3 for labor performed and materials furnished therefor to comply with at laws affecting sold property or requiring any alterations or improvements to be made thereon not to Commit or permit waste thereof not to Commit suffer or permit any oct upon said property in violation of low to cultivate irrigate femlee fumigate prune and do all other acts whic h from the Character or use of said property may be reasonably necessary , the specific enumerations heren not exolusing the general (2) To provide maintain and dealer to Beneficiary fire insurance sanuoctory to and with lass payable to Beneficiary The omotnt collected under any fire or Other nsuronce policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine or at option of Beneficiary the entire amount $0 collected or any port thereof may be released to Tnutor Such application or release shall not cure or waive any default Or notice of default hereunder or invalidate any OCT clone putsuont to such notice (3) To appear In and defend any action at Proceeding purporting to affect the security hereof or the rights Or powers of Beneficiary or Trustee and to pay all costs and expenses including Cost of evidence of tine and attorney s fees In a reasonable sum in any such action or proceeding in which Beneficiary or Trustee may appear and in any slit brought by Beneficiary to foreclose this Deed (4) To pay at least ten days before delinquency at taxes and assessments affecting said property ncludlnng assessments on appurtenant water stock when due all encumbrances charges and liens with Merest on sad property or any part thereof which appear to be prior Or superior hereto 02 Costs tees and expenses of this Trust Should Trustor fail to make any payment or to do any act as heren provided then Beneficiary or Trustee , but without obligation so to do and without notice to or demand upon Trustor and with, out releasing Trustor from any obligation hereof may make or do the some In such manner and to such extent as either may deem necessary to protect the security hereof Beneficiary or Trustee being authorized to enter upon sold property for such purpose appear in and defend any action or proceeding purpomrrg to affect the security hereof or the rights or powers of Beneficiary or Trustee pay purchase contest or compromise any encumbrance charge or ken which in the )udgemenf of either appears to be poor or superior hereto , and. in exercising any such powers pay necessary expenses employ counsel and pay his reasonable fees (5) To pay mmedatey and without demand at sums so expended by Beneficiary or Trustee with interest from date of expendmue at the amount allowed by law in effect or the date hereof and to pay for any statement provided for by law in effect of the dote hereof regarding the obligation secured hereby any amount demanded by me Beneficiary not to exceed the maximum allowed by low at me time when sad statement is demanded (6) That any award of damages In connection with any condemnation for public use of or injury to said property or any port thereof is hereby assigned and that be pain to Beneficiary who may apply or release such monies received by him in the same manner and with the some effect as above provided for disposition of proceeds of the or other insurance (7) That by accepting payment of any sum secured hereby offer its due date Beneficiary does not waive his right either to require prompt payment when due atoll omer sums so secures or to declare default for torture so to pay (8) That at any time or from time to time without lability therefor and without notice upon written request of Benefiocary and presentation of this Deed and said note for endorsement and without affecting the personal liability of any person for payment of me indebtedness secured hereby Trustee may reconvey any part of sod property consent to me making of any mop or plat thereof pin in granting any easement thereon or Ion in any extension agreement or any agreement subordinating the hen or charge hereof (9) That upon written request of Beneficiary sidling that all sums secured hereby nave been paid and upon surrender of this Deed and said note to Trustee for cancellation Ono retention and upon payment of its fees Trustee shall reconvey without warranty the property then held hereunder The recitals in such reconveyance at any matters or facts snag be co clusve proof of the truthfulness thereof The grantee in such reconveyance may be described as 'the person or persons legally entitled thereto' Five years after issuance of such fug reconveyance Trustee may destroy said note and this Deed (unless directed in such request to retain them) (10) That as additional security Truster hereby gives to and confers upon Beneficiary the right power and authority during the continuance of these Trust to collect the rents issues and profits of said property reserving unto said Tnutor the right prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder to collect and retain such rents issues and profits as they become due and payable Upon any such default Beneficiary may at any time without notice either is person by agent of by a receiver to be appointed by a court ono without regard to the adequacy of any security for the indebtedness hereby secured enter upon and take possession of said property or any Dart thereof in his own name sue for or otherwise collect such rents issues Ono profits including those post due and unpaid and apply the some less costs and expenses of operation Ono cUiection including reasonable attorneys fees upon any indebtedness secured hereby and in such order as Beneficiary may determine The entering upon and taking possession of sod property the collection of such rents issues and profits and me application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice (I1) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder Beneficiary may declare all Sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default one of election to cause to be sod said property which notice Trustee shall cause to be fled for record Beneficiary also snail deposit with Trustee this Deed said note and at documents evidencing expenditures secured nereby After the loose of such time as may men be required by law following the recorclation of said notice of default and notice of sale having been given as then required by law Trustee without demand on Trustor snail sell Said property at the time and place fixed by it in sold notice of sae either as 0 whole or in separate parcels and in such order as it may determine at public auction to the highest bdoer for cash in lawful money at the United States payable of time of sole Trustee may postpone sale of all or any portion of said property by public announcement of such time and place Of sale and from time to time thereafter may postpone such sale by public announcement at me time fixed by the proceeding postponement Trustee snug deliver to such purchaser its deed conveying me property s0 Sold but without any Covenant or warranty express or implied The recitals in such deed of any matters or facts snag be conclusive proof of the truthfulness thereof Any person including Trustor Tr wee or Beneficiary as hereinafter defined may purchase at such soe After deducting all costs. fees and expenses of Trustee and of this That Including cost of evidence of fire in connection with sole Trustee shag apply the proceeds Of sae to payment of ON sums expended under the terms hereof not then repaid with accrued Interest at the amount allowed by law in effect of the date hereof, all other sums men secured hereby and the remainder it any to the person or persons legally entitled thereto (12) Beneficiary or cny successor in ownership of any indebtedness secured hereby may from time to time, by Instrument in wultbl substitute a successor or successors to any Trustee named herein or acting hereunder which instrument executed by m9 Beneficiary and duly acknowledged and recorded at the office of the recorder of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees who shag without conveyance from the Trustee predecessor succeed to OR Its title estate rights powers and duties Sad instrument must contain the name of the original Tlustor Trustee and Beneficiary hereunder me book and page where this deed is recorded and me name and address of the new Trustee (13) That this deed coolies to rules to the benefit at and binds all parties hereto met heirs. legatees avisees admtlisiratois executors successors and assigns The term Beneficiary shall mean the owner and holder including pledgees of the note secured hereby whether or not named as Beneficiary nerein In This Deed whenever the context so requires the MOSCU a gender nChaes me feminine and /or neuter and me singular number inCiudes the plural (14) That Trustee accepts this Trust when this Deed duty executed and acknowledged is made a public record as provided by law trustee is nut obligated to notify any party hereto of pending sale under any Omer Deed of trust of of any action or proceeding in which Trustor Beneficiary or Trustee shag be a party unless brought by Trustee DO NOT RECORD To Trustee. REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid Dated 1.-ivy The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied, and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebted- ness, secured by said Deed of Trust, delivered to you herewith together with said Deed of Trust, and to reconvey, with- out warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same. The undersigned further authorizes Trustee to charge a reconveyance fee that is allowed under California Civil Code Section 2941. Mail Reconveyance To: Do not lose or destroy this Deed of Trutt OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. SSSI 338A REV 6/94 Page 3 of 3 GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached, reads as follows: Name of notary n.- Pzl l' LsD Date commisson expires Cc--L Commission # 5 I County where bond is filed Manufacture/Vender #I) Z Place of execution a e. Date Qc4 7 North American Title Company Signature EXHIBIT "A" (LEGAL DESCRIPTION) PARCEL A: PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 125, PAGES 10 AND 11 OF PARCEL MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM, ALL OIL, OIL RIGHTS, NATURAL GAS RIGHTS, MINERAL RIGHTS, AND OTHER HYDROCARBON SUBSTANCES BY WHATEVER NAME KNOWN, TOGETHER WITH APPURTENANT RIGHTS THERETO, WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF SAID LAND NOR ANY PORTION OF THE SUBSURFACE LYING ABOVE A DEPTH OF 500 FEET, AS EXCEPTED OR RESERVED IN INSTRUMENTS OF RECORD. PARCEL B: THE NORTH 62.00 FEET OF THE EAST 118 FEET OF THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK THEREOF RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAP, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION AND RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID NORTH HALF, 102 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID NORTH HALF, 214 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE CONTINUING SOUTH PARALLEL WITH THE EAST LINE OF SAID NORTH HALF, 184 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID NORTH HALF, 268 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID NORTH HALF, 184 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTH HALF, 268 FEET TO THE TRUE POINT OF BEGINNING. DO NOT DESTROY THIS ORIGINAL NM . When paid, said original note, togetherwith eed of Trust securing same, must be surrendered to Trustee for cancellati and retention before reconveyance will be ma NOTE SECURED BY DEED OF TRUST (INSTALLMENT - INTEREST ONLY) $675,000 .00 Huntington Beach , CA September 10, 2002 On or before October 7 , 2007, for value received 'we, jointly and severally , promise to pay to PATRICIA B. KLINGENSMITH, Trustees and ALLEN KLINGENSMITH , Trustee of the THE PATRICIA B. AND ALLEN KLINGENSMITH TRUST or order , at 453 VIA LIDO SOUD , NEWPORT BEACH, CA 92663 or a place designated by the beneficiary from time to time the sum of SIX HUNDRED SEVENTY -FIVE THOUSAND AND NO /100 DOLLARS with interest from ____October 7,_2002 _____________on the unpaid principal at the rate of SEVEN PERCENT (7%) per annum ; interest payable monthly in installments of THREE THOUSAND NINE HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS or more beginning on the November 7,2002 and continuing monthly thereafter until October 7 - 2007 at which time all amounts of unpaid principal plus accrued interest thereon shall become immediately due and payable. This Note is given and accepted as a ortion o urchase price. The Deed of Trust securing this Not ntains .e f owing recital: "This Deed of Trust is given and cc ed upo the press provision that should the property hereinb gg o descri d , or any part thereof, be conveyed or alienated by Trust& either v nta y or by operation of law, without Beneficiary 's wri n cons t, th all sums secured .hereby shall , at Beneficiary 's o n, be m i ediately due and payable." Payments received later th charge of 10%. 15 da ftel e shall incur a late This Note is subject to Section which prov'des that t holder o to the tr st r, or his cessor at least, nin ty (90)'d s and days prig r to any bal n payme 2966 'of, t 'e California Civil Code, is No shall give written notice te,re , of prescribed information ban one hundred-fifty (150) cold' g due. Each paym hall be cr ited first on interest then due and the remainder on principal. Interest snail thereupon cea on the principal so credited. Should default be made in payment of any installment when due, the whole sum p ncipal and interest shall become immediately due at the option of the holder of this note. Principal and inte payable in lawful money of the United States. If action be instituted on this note, I/we promise to pay such as the Court may fix as attorney's fees. This note is secured by DEED OF TRUST to MOR ESCROW SERVICES , INC., , as Trustee HOUSHANG M A. AMY MOAYERI WaT 5 .#70rc.IpYIUI1qlIB DO NOT DESTROY THIS NOTE sssb Revero0(Pon 42) FORM NO. 6084 ORDER NO.: 20-54692-70 CALIFORNIA LAND TITLE ASSOCIATION POLICY NO .: 217855 STANDARD COVERAGE POLICY FORM - 1990 SCHEDULE A TOTAL FEE FOR TITLE SEARCH, EXAMINATION AND TITLE INSURANCE $2,636.70 POLICY AMOUNT: $675,000.00 POLICY DATE: OCTOBER 7, 2002 AT 11:48 A.M. 1. NAME OF INSURED: PATRICIA B. KLINGENSMITH AND ALLEN KLINGENSMITH, AS TRUSTEES OF THE PATRICIA B. KLINGENSMITH AND ALLEN KLINGENSMITH DECLARATION OF TRUST DATED DECEMBER 1, 1988 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: A FEE 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: MOAYERI AND A. AMY MOAYERI, HUSBAND AND WIFE AS JOINT TENANTS 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA , COUNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 125, PAGES 10 AND 11 OF PARCEL MAPS, RECORDS OF SAID COUNTY. EXCEPT THEREFROM, ALL OIL, OIL RIGHTS, NATURAL GAS RIGHTS, MINERAL RIGHTS, AND OTHER HYDROCARBON SUBSTANCES BY WHATEVER NAME KNOWN, TOGETHER WITH APPURTENANT RIGHTS THERETO, WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF SAID LAND NOR ANY PORTION OF THE SUBSURFACE LYING ABOVE A DEPTH OF 500 FEET, AS EXCEPTED OR RESERVED IN INSTRUMENTS OF RECORD. PARCEL B: THE NORTH 62.00 FEET OF THE EAST 118 FEET OF THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 11 WEST, IN THE RANCHO LAS BOLSAS, COUNTY OF ORANGE , STATE OF CALIFORNIA , AS SHOWN ON A MAP RECORDED IN BOOK THEREOF RECORDED IN BOOK 51 , PAGE 13 OF MISCELLANEOUS MAP, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION AND RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID NORTH HALF, 102 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID NORTH HALF, 214 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND DESCRIBED HEREIN; THENCE CONTINUING SOUTH PARALLEL WITH THE EAST LINE OF SAID NORTH HALF , 184 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID NORTH HALF , 268 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID NORTH HALF , 184 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTH HALF , 268 FEET TO THE TRUE POINT OF BEGINNING. FORM NO. 6084 ORDER NO.: 20-54692-70 CALIFORNIA LAND TITLE ASSOCIATION POLICY NO.: 217855 STANDARD COVERAGE POLICY FORM - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEY'S FEES OR EXPENSES), WHICH ARISE BY REASON OF: PART I 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR WHICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), OR (C) ARE SHOWN BY THE PUBLIC RECORDS. FORM NO. 6084 ORDER NO.: 20-54692-70 CALIFORNIA LAND TITLE ASSOCIATION POLICY NO.: 217855 STANDARD COVERAGE POLICY FORM - 1990 PART II 1. GENERAL AND SPECIAL PROPERTY TAXES, AND ANY ASSESSMENTS COLLECTED WITH TAXES, INCLUDING UTILITY ASSESSMENTS, ARE A LIEN NOT YET PAYABLE TO BE LEVIED FOR THE FISCAL YEAR 2002/2003. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 4. THE USE AND CONTROL OF CIENEGAS AND NATURAL STREAMS OF WATER, IF ANY, NATURALLY UPON, FLOWING ACROSS, INTO OR BY SAID LAND AND THE RIGHT OF WAY FOR AND TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH SAID LAND TO IRRIGATE OR DRAIN THE ADJACENT LAND, AS PROVIDED IN: RECORDED: AFFECTS: SEPTEMBER 5, 1905 IN BOOK 91 PAGE 150 OF DEEDS ALL PARCELS 5. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: ELECTRIC LINES RECORDED: IN BOOK 2094, PAGE 272, OF OFFICIAL RECORDS AFFECTS: THE NORTHERLY 2 FEET OF SAID LAND AND ALL PARCELS 6. THE EFFECT OF A MAP FILED IN BOOK 23 PAGE 25, RECORD OF SURVEYS, PURPORTING TO SHOW SAID LAND AND OTHER PROPERTY. AFFECTS : ALL PARCELS 7. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF : ALBERT H.L. MEYER AND DESSA V . MEYER, HUSBAND AND WIFE NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: WATER PIPE LINES RECORDED : NOVEMBER 1, 1950 IN BOOK 2095, PAGE 571 OF OFFICIAL RECORDS AFFECTS : A PORTION OF SAID LAND 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF : SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: ELECTRIC LINES RECORDED : IN BOOK 2877, PAGE 560 OF OFFICIAL RECORDS AFFECTS: THE NORTHERLY 5 FEET OF SAID LAND AND ALL PARCELS 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF:GTE CALIFORNIA , A CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: THE TRANSMISSION OF ELECTRIC ENERGY FOR COMMUNICATION AND OTHER PURPOSES RECORDED: JULY 6, 1988 AS INSTRUMENT NO. 88-324134 OF OFFICIAL RECORDS AFFECTS: THE WESTERLY 4 FEET OF PARCEL 1 10. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: UNDERGROUND ELECTRICAL AND COMMUNICATIONS SYSTEMS RECORDED: SEPTEMBER 20, 1988 AS INSTRUMENT NO. 88-476704 OF OFFICIAL RECORDS AFFECTS: A PORTION OF SAID LAND AS DESCRIBED THEREIN 11. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW AND ANY OTHER OBLIGATIONS SECURED THEREBY: RECORDED: OCTOBER 7, 2002 AS INSTRUMENT NO. 02-0864011 OF OFFICIAL RECORDS AMOUNT: $675,000.00 DATED: SEPTEMBER 20, 2002 TRUSTOR: HOUSHANG MOAYERI AND A. AMY MOAYERI, HUSBAND AND WIFE AS JOINT TENANTS TRUSTEE: MOR ESCROW SERVICES, INC., A CALIFORNIA CORPORATION BENEFICIARY: PATRICIA B. KLINGENSMITH AND ALLEN KLINGENSMITH, AS TRUSTEES OF THE PATRICIA B. KLINGENSMITH AND ALLEN KLINGENSMITH DECLARATION OF TRUST DATED DECEMBER 1, 1988 NORTH AMERICAN TITLE NSURANCE COMPANY By: AUTHORIZED SI NATORY Privacy Policy Notice (as of July 1, 2001) we at the North American Title family of companies take your privacy very seriously. We do not share your private information with anyone except as necessary to complete your real property, title insurance and escrow transaction. OUR PRIVACY POLICIES AND PRACTICES 1. Information we collect and sources from which we collect it: We collect nonpublic personal information from you from the following sources: * Information we receive from you on applications or other forms. * Information about your transactions with us, our affiliates or others. * Information from non-affiliated third parties relating to your transaction. "Nonpublic personal information" is nonpublic information about you that we obtain in connection with providing a product or service to you. 2. What information we disclose and to whom we disclose it: We do not disclose any nonpublic personal information about you to either our affiliates or non-affiliates without your express consent, except as permitted or required by law. We may disclose the nonpublic personal information we collect, as described above, to persons or companies that perform services on our behalf regarding your transaction. "Our affiliates" are companies with which we share common ownership and which offer real property, title insurance, or escrow services. 3. Our security procedures : We restrict access to your nonpublic personal information and only allow disclosures to persons and companies as permitted or required by law to assist in providing products or services to you. We maintain physical, electronic, and procedural safeguards to protect your nonpublic personal information. 4. Your right to access your personal information : You have the right to review your personal information that we record about you. If you wish to review that information, please contact your local North American Title office and give us a reasonable time to make that information available to you. If you believe any information is incorrect, notify us, and if we agree, we will correct it. If we disagree, we will advise you in writing why we disagree. 5. Customer acknowledgement : Your receipt of a copy of the preliminary report, commitment, your policy of insurance, or escrow documents, accompanied by this Notice will constitute your acknowledgement of receipt of this Privacy Policy Notice. North American Title may also share your information with an insurance institution, credit reporting agency, insurance regulatory authority, law enforcement, other governmental authority, actuary, or other research organization for purposes of detecting or preventing fraud, crimes, or misrepresentations in connection with an insurance or real estate transaction, resolving claims or service disputes, investigating suspected illegal or unlawful activities, or for conducting actuarial or research studies. FOR. N. //2, S. E //4, S. 5.l/4, SEC. 26, T. 55, R 11 W. 31 Nf COR N.1/2,S.f 1/4,S f //4, St.- 16-5 -// • o r o NEWMAN N / 4 0a'so ,oo Q®®®®.000 ®\ 0. 44 0-s I T E 25 0 0 03 o 1 m' 171./1 -1049 4B 46 45 O 43 O 41 O 39 O 37 O 35 ! 33 O 31 30 29 28 P.00 125 tc)! 0NR S 23 25.nd Si 0 47vo ^ o ; E %k 2 .. Jo' . . . . . . . • . . . . so'50' n W' 18 Is RONALD s' ROAD 4L• 9 mAc s4 -AVENUE v .T M • • So PM Ow224.11 ;e 'I ee S 00 0 P;10 It , 12 13 . 14 I5 ' 16 O`IB 19 20 21 O`'4' 01 • " • ff 11' 14' Mal 15 Z .? a II w l0 02 03 R 40 50"60`70; OB \ 90 •. 10 i2 ± O`O± 302 m /4A' scrc'I 2 u 3 e 4 5 6 7 8 9 /0 N' /2 ALLEY 11 MARCH 1982 TRACT NO. 3478 M M. 141-31,32 18 13 a J4'l3 B e E 21 18i 19E oar for /e ,n'14 /5 16 /744• a T 118 c8' ,. NO. 3478 /Fogy,lot' lie I NOTE-ASSESSOR'S BLOCK & ASSESSOR'S MAP PARCEL NUMBERS BOOK 165 PAGE 30 SHOWN IN CIRCLES COUNTY OF ORANGE 165-30 loo'6 too, 0t0 0 Form No. 6084CaMomma Land Me AssociationStandard Coverage Policy Form - 1990 POLICY OF TITLE INSURANCE ISSUED BY NORTH TITLE INSURANCEECOM SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, NORTH AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, North American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. NORTH AMERICAN TITLE INSURANCE COMPANY ,r BY PRESIDENT ! +SEPT th Sas -V SECRETARY e4 ATO 917Qr1r, THIS MAP WAS PREPARED FOR ORANGE COUNTY ASSESSOR DEPT. PURPOSES ONLY. THE ASSESSOR MAKES NO GUARANTEE AS TO ITS ACCURACY NOR ASSUMES ANY LIABILITY FOR OTHER USES. NOT TO BE REPRODUCED. ALL RIGHTS RESERVED. © COPYRIGHT ORANGE COUNTY ASSESSOR 2001 N N 50' NEWMA a- e Y0' WTRAC I0 to n 1. so' $ RONALD 5/2 'l 2 s/3 N . 54 a n e inN N N 4 50' 1 u 6 I N n n m 11 u m /00' Y Y , . N n n P 302 N K 1 C 1 PM.224-1/ Y 54' 4.01 m 0 5S' nP. M. PROJECT 939-27- 152-154 A&3)1;u 17°. O.208AC N N w 5o' R.S. N.E. COR. N. //2,S.E. 1/4, S.E. 1/4, SEC, 26-5•/1 n a 0 23.25 60' N u tu18" 19 20.0 0 8 9 /0 11 12 316-21/3 14 15 ' /6 174-0 ALLEY N AVENUE LOT /8 50' NO. 3478 0 as' 0 9 ROAD .' $ MARCH 1982 TRA C T NO. 3478 M. M. 141-31.32 PARCEL MAP P. M..316-21 POR. N 1 /2, S. E. 1/49 S. E. 1/4, SEC. 26, T. 5 S. R 11 W 18 31 NOTE - ASSESSOR'S BLOCK d PARCEL NUMBERS SHOWN IN CIRCLES ASSESSOR'S MAP_, BOOK 165 PAGE '30 COUNTY OF ORANGE /!2'