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Patrick Melvin and Nelide Ito - 1994-06-28
�• FjIS tnertCLITI tIE ORANGECC, u('� 61ONAL HEAD OFFICE -16-49 r Insurance Company s UNION BANK 1220 r' MA'.q ST A7 LA VETA 0%A.'+JGE.'CALIF LendcrsAdvantage 1.•-: r" ..=- - �..,,. _�,. ^. - .�•. . 2DO E.SP.�iDPOlf1TE,SUITE 600 SANTA ANA,CA 92707 4: �n:: w �" r,�, •,z .y DATE No.000ZT 006I893 AMOUNT r *40,794.31**** PAY FORTY THOUSAND-SEVEN:HUNDRED'NINETY FOUR.AND TO K - - `--` _. =-• VOID AFf ER O DAYS THE CITY OF_HUNIINGTON BEACH/DANIEL'BRLIENING LENDERS ADVANTAGE ESCROW TRUST ACCOUNT ORDER 2000:MAIN STREET 'aF HUT7TINGTON BEACH, CA .92648 F erican 7illel ace Company ESCROW ACCOUNT NO. 7 92 7 8 3 6 P 10000006 189311' 3: L 2 2000L.96l: L. 500 IIA00411' IF THIS RtMfITANCE DOES NOT AGREE WITH YOUR RECORDS.RETURN AT ONCE WITH EXPLANATION OTHERWISE YOUR ENDORSEMENT IS CONSIDERED AS ACCEPTANCE BY YOU THE ATTACHED CHECK IS PAYMENT OF Check #:0000061893 _ Meno: *" c Memo: Reference #: C'- c_ For : Payoff Charges Escrow Number: 7927836P Loan number: 94-0437386 arc'.__ Buyer PATRICK M. MELVIN and NELIDE ITO moo;_•,__ Seller Prop. Address: 409 UTICA #39 ` 1 HUNTINGTO14 BEACH, CA 92648 l f J AMOUNT OF THIS CHECK: $ 40,794.31 Ca � CHARGE DETAIL: Interest 106.82 Statement/Demand Fee 40,687.49 0 CITY OF HUNTINGTON BEACH Inter-Office Communication Economic Development Department DATE June 12, 2000 TO Gus Duran, Housing/Redevelopment Manager FROM Joyce DeKreek,Housing/Redevelopment Consultan SUBJECT Research on Loan Forgiveness, 1"Time Home-Buyers Program Redevelopment Set-Aside,$400,000 and Redevelopment Set-Aside, $750,000 I have reviewed our records regarding funding of I"Time Home-Buyers Program to determine the names and amount of assistance which benefited the applicants from the $400,000 in Redevelopment Set-Aside funds approved by the Redevelopment Agency (RDA) at their November 1, 1993, meeting and from the $750,000 in Redevelopment Set-Aside funds approved by the RDA for the Pacific Park Villas at their February 6, 1995 meeting The Redevelopment Agency approved nine applicants from the $400,000 allocation in conjunction with the City's CDBG I"Time Home-Buyers Program and one additional applicant for the RDA lst Time Home-Buyers Program only The RDA portion of these loans are Bastou($25,000),Dieckmeyer($23,000), Gnffen($25,000),Hoang($23,000), Lawson($23,000), Melvin ($35,000), Otto ($23,000), Quick, S ($16,717), Quick, T ($25,000),Rivera H ($25,000) Quick, T withdrew from the CDBG loan but maintains the RDA loan These loans total $243,717 The Redevelopment Agency approved fifteen(15) applicants from the$750,000 allocation at Pacific Park Villas (PPV)to participate in the Redevelopment Agency Vt Time Buyer Program The names and amounts are(Carrillo ($35,000), Forchione ($35,000), Heckethorn($35,000),Hosseinall($35,000),Hocker($35,000), Lawrence ($35,000), Murch ($35,000), Osterhoudt($35,000) Peltier($35,000), Rivera-Burgess ($35,000), Wallace($35,000), Weinfeld ($35,000), Wong ($35,000),Krueck ($35,000), Margoles ($35,000) These loans total $525,000 Four loans (Melkerson/Umack, 01eda,Rene/White, Stratton),previously approved by RDA were not funded G/Joyce/Intermemo Recon Bey doc One loan(Wallace)was assumed by another qualified buyer(Stay) Two applicants have paid their loans Melvin,paid off his RDA loan 10/21/1997 in the amount of$40,794 31 and Hoang,paid off his RDA loan on 12/21/1999 in the amount of $47,208 80 A check in the amount of$4,116 57 was issued to Mr Hoang for overpayment,reducing the loan repayment to$43,092 23 These loans accrue simple interest at 5%, due and payable upon sale to a non qualified buyer and has shared equity Cc Conroe Brockway, City Clerk Paul D Alessandro, Deputy City Attorney David Biggs, Director, Economic Development John Reekstin, Director of Admuustrative Services Dan Villella,Director of Finance Jake Rahn, Admimstrative Services Hank Reveles, Sr Accountant Joyce de Kreek, Economic Development Steve Holtz, Development Specialist G/joyce/Intermemo Reconvey doc PACIFIC PARK VILLAS ($750,000—RDA) 95-01 (2-1-95) Carillo,Ann $ 35,000 7861 Happy Drive,9102 RDA 12-19-94 95-02 (2-1-95) Lawrence,James and Jeanette $ 35,000 18051 Joyful Lane,916 RDA 12-19-94 95-03 (2-1-95) Wong,Wesley Chi $ 35,000 7681 Happy Drive,#202 RDA 12-19-94 95-04(2-1-95) Hocker,ChristopherlVandereb,Gayle$ 35,000 7681 Happy Drive,#101 RDA 12-19-94 _ 95-06(4-12-95) Rivera,Victor/Burgess,Debra $ 35,000 18061 Joyful Lane,9104 RDA 4-3-95 96-01 (1-24-96) Heckethome,Sean&Jacquelyn $ 35,000 7871 Happy Drive,#102 RDA 1-16-96 96-02 (3-7-96) Margolis,Peter $ 35,000 18d51 Joyful Lane,#104 RDA 3-4-96 96-03 ( Weinfeld,Julie $ 35,000 18061 Joyful Lane,9205 'RDA 4-1-96 96-04(7-17-96) Peltier,Edward $ 35,000 7871 Happy Drive,4201 RDA 7-15-96 96-05 (8-7-96) Wallace,Barbara Jo $ 35,000 18051 Joyful Lane,#205 RDA 8-5-96 96-06(8-7-96) Murch,Gregory $ 35,000 18051 Joyful Lane,#102 RDA 8-5-96 97-01 (1-29-97) Krueck,Deborah $ 35,000 18061 Joyful Lane,#101 RDA 1-21-97 97-02(4-30-97) Osterhoudt,Robert and Kathy $ 35,000 18061 Joyful Lane,#102 RDA Gloycc4nWwrno Reconvey.doc � T I 97-03 (5-14-97) Hossemali, Faroukh $ 35,000 18061 Joyful Lane,#201 RDA 97-04 (7-23-97) Forchine,Richard $ 35,000 18051 Joyful Lane, #201 RDA 7-21-97 I"TIME BUYER ASSISTANCE ($400,000 RDA) 94-4 (2-11-94) Lawson, Sally $ 23,000 409 Utica Avenue#A-1 (RDA 1-18-94) 94-5 (2-11-94) Quick, Shauna $ 16,717 409 Utica Avenue#C-32 (RDA 1-18-94) 94-6 (2-11-94) Dieckmeyer,Barbara $ 23,000 409 Utica Avenue#B-21 (RDA 2-22-94) 94-8 (2-11-94) Otto, T/Shorb R $ 23,000 409 Utica Avenue#A-7 (RDA 1-18-94) 94-10 (2-11-94) Hoang, Tam $ 23,000 409 Utica Avenue#D-37 (RDA 2-22-94) 94-11 (5-18-94) Bastou, Valerie $ 25,000 409 Utica Avenue#D-43 (RDA 5-18-94 94-12 (5-18-94) Quick La Reme, Teresa $ 25,000 409 Utica Avenue#A-9 (RDA 5-18-94) 94-13 (6-23-94) Melvin, Patrick $ 35,000 409 Utica Avenue#D-39 (RDA 6-20-94) 94-14 (7-27-94) Rivera, Hector&Iciar $ 25,000 409 Utica Avenue#A5 (RDA 7-18-94) 94-17 (10-4-94) Gnffen, Olga Christina $ 25,000 409 Utica Avenue#C-23 (RDA 9-19-94) $243,717 G/joyce/Intermemo Reconvey doc °A CITY OF HUNTINGTON BEACH Inter-Office Communication 0 It , L`a7- Economic Development Department DATE May 23, 2000 TO Gus Duran, Housing/Redevelopment Manager FROM Joyce DeKreek,Housing/Redevelopment Specials 9Q SUBJECT Research on Loan Forgiveness, 1"Tune Home-Buyers Program 2nd$100,000 I have reviewed our records regarding funding of 1"Time Home-Buyers Program to determine the names and amount of assistance which benefited the applicants from the 2nd$100,000 in CDBG funds approved by the City Council at their December 20, 1993, meeting At that meeting eight applicants(Hoang, Heildesch, Quick, Lawson, Steenveld, Otto, Dieckmeyer and Chavez)were approved to participate in the lst Time Home-Buyers Program, totaling $59,100 However, two (2) applicants (Heildesch, Quick(Shauna) withdrew(or participated in another program) ,thereby lowering the total amount of assistance to $53,150 I have no record on Steenveld or Chavez (either on microfilm or files) and after checking with City Clerk's office,I believe these loans may not have been funded If that's true,the total amount of assistance is lowered to $31,900 Since that meetmg Bastou($5,000), Gnffen($5,300),Melvin ($10,000), Quick(Theresa) ($5,000) and Rivera H ($5,000),were approved for CDBG lst Time Buyer Assistance in conjunction with the Redevelopment lst Tune Buyer Assistance Quick T signed loan does but withdrew prior to recording the does The CDBG amount of assistance is $25,300 Two applicants have paid back their loans Hoang, CDBG loan paid on 12/21/1999 in the amount of$8,229 72 and Melvin, CDBG loan paid on 10-21-1997 in the amount of �--- $11,655 36 G/Joyce/Intermemo Reconvey doc 1 These loans are accrued at a S%simple interest rate,due and payable upon sale,transfer, etc. Cc: Paul D'Alessandro,Deputy City Attomey Joyce de Kreek,Economic Development Steve Holz,Development Specialist • i Gfoycenraermw RcmveyAm CITY OF HUNTINGTON BEACH UI � W To Connie Brockway, City Clerk From Dan Bruening Housing Rehab Manage Date August 28, 1998 Subject Down Payment Assistance for Patrick Melvin Connie, The down payment assistance loans for Patrick Melvin has been paid in full. These documents no longer need to be kept in the active files. First American Title Company will have the full reconveyance recorded. !ENDERS ADVANTAGE DATE: July 8, 1998 r7EC 1cD A 2 7 i3Q3 CITY OF HUNTINGTON BEACH DEPARTMENT OF ECONO11IC DEN'ELOPIIENT 300 E.Smu'ixiinte 200011IAIti STREET Suiteb00 IIUN-rI\GTON BEACII, CA. 92648 Santa Ana.CA 9:'07 800.5=5.1b�7 ATTN: RECONVEYANCE DEPARTMENT/DANIEL BRUENING OUR ORDER NO: 7927836 ENCLOSED ARE THE FOLLOWING DOCUMENTS: 1. DEED OF TRUST IN WHICH YOU ARE NAMED AS TRUSTEE, RECORDED JULY 01, 1994 INSTRUMENT NO. 94-0437386 OF OFFICIAL RECORDS. 2. THE NOTE SECURED BY SAID DEED OF TRUST FOR S NA. 3. REQUEST FOR RECONVEYANCE. 4. CHECK IN THE AMOUNT OF$65.00. PLEASE ISSUE YOUR RECONVEYANCE OF SAID DEED OF TRUST AND RETURN TO US, TOGETHER WITH YOUR STATEMENT OF CHARGES IF ANY. IF CANCELED NOTE AND DEED OF TRUST ARE NOT HELD BY YOU AS TRUSTEE, FORWARD SAID CANCELED DOCUMENTS TO: FIRST AMERICAN TITLE INSURANCE COMPANY LENDERS ADVANTAGE 200 E. SANDPOINTE, SUITE 600 SANTA ANA, CALIFORNIA 92707 ATTN: JOHN FERNANDO A Ditision of First Armerican Trde Company RECORDING REQUESTED BY First American Title Insurance Company Order No. 7927836 Escrow No. Loan No. WHEN RECORDED MAIL TO: PATRICK& NELIDE MELVIN 409 UTICA#39 HUNTINGTON BEACH, CA SPACE ABOVE THIS LINE FOR RECORDER'S USE FULL RECONVEYANCE THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, A PUBLIC BODY CORPORATE,TRUSTEE UNDER DEED OF TRUST DATED 3Ui`'E 28, 1994 EXECUTED BY PATRICK AND NELIDE NIELVLN AS TRUSTOR, AND RECORDED ON JULY 1, 1994 AS INSTRUMENT NO. 94-0437386 OF OFFICIAL RECORDS Ih THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA,HAVING BEEN REQUESTED IN WRITING BY THE HOLDER OF THE OBLIGATION SECURED BY SAID DEED OF TRUST, TO RECONVEY THE ESTATE GRANTED TO TRUTEE UNDER SAID DEED OF TRUST, DOES HEREBY RECONVEY TO THE PRESON OR PERSONS LEGALLY ENTITLED THERETO,WITHOUT WARRANTY, ALL THE ESTATE, TITLE AND INTEREST ACQUIRED BY TRUSTEE UNDER SAID DEED OF TRUST. IN WITNESS WHEREOF, SAID REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, TRUSTEE HAS CAUSED ITS CORPORATE NAME AND SEAL TO BE HERETO AFFIXED BY THE OFFICER THEREUNTO DULY AUTHORIZED. Dated: atc�L . 15`]�Y THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA )Ss COUNTY OF ORANGE ) On 04AA44At W , before me, tGL Lra ����� n- a Notary Public In and for said State, personally appeared CnN 1 CX-U;7W personally known to me enee)to be the person()whose name(s)g subscribed to the within Instrument and acknowledged to me that ZiN executed the same in WH er I+--f authorized capacity(ies), and that by biqjRtheir signatures on the Instrument the persons)or the entity upon behalf of which the Ferson('a)acted, executed the instrument. WITNESS my hand and official seal. (AURA A.NEUSON Conrr*won/ 1066263 Sigratu -: Nosay Qutk—caromlo O:onC%County My Conm E.,;*es aJ 23.19N frrw aroma for Wimel rot"Nary SUEft.DOC(Rev s194) ►: RECORDING REQUESTED BY First American Title Insurance Company Order No. 7927836 Escrow No. Loan No. WHEN RECORDED MAIL TO: PATRICK& NELIDE MELVIN 409 UTICA#39 HUNTINGTON BEACH, CA SPACE ASCVE THIS LINE FOR RECORDER'S USE FULL RECONVEYANCE THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, A PUBLIC BODY CORPORATE, TRUSTEE UNDER DEED OF TRUST DATED JUNE 28, 1994 EXECUTED BY PATRICK AND NELIDE AIELVLN AS TRUSTOR, AND RECORDED ON JULY 1, 1994 AS INSTRUMENT NO. 94-0437386 OF OFFICIAL RECORDS Iti THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA,HAVING BEEN REQUESTED IN WRITING BY THE HOLDER OF THE OBLIGATION SECURED BY SAID DEED OF TRUST, TO RECONVEY THE ESTATE GRANTED TO TRUTEE UNDER SAID DEED OF TRUST, DOES HEREBY RECONVEY TO THE PRESON OR PERSONS LEGALLY ENTITLED THERETO, WITHOUT WARRANTY, ALL THE ESTATE, TITLE AND INTEREST ACQUIRED BY TRUSTEE UNDER SAID DEED OF TRUST. IN WITNESS WHEREOF, SAID REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH. TRUSTEE HAS CAUSED ITS CORPORATE NAME AND SEAL TO BE HERETO AFFIXED BY THE OFFICER THEREUNTO DULY AUTHORIZED. Dated: � ; !�150 THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA )ss BY ���� COUNTY OF ORANGE } a0 On Zs fils before me, a Notary Public in and for said State,personally appearecd Coti tj i IS R.a personally known to me(OF PF8vad4&inevnt4eimsir& sa,Usfact )to be the person(%)whose name(+r)&F&subscribed to the within instrument and acknowledged to me that they executed the same in er t4QW authorized capacity(fes), and that by htsotheir signature(s)on the instrumen the persons)or the entity uponFe—half of which the person(}acted,executed the instrument. WITNESS my hand and official seal. LAM A.NaSM Corm clan 0 1(1W63 Signatur Not yPub+c—OXOMIG orcs cW ty My Corrm ECM JN 23.1M (This w"br ar'cw rourul waq sueniaoc m•Y es+y f tom,J REQUEST FOR FULL RECONVEYANCE A reconveyance will be issued only upon presentation of this notice properly signed and accompanied by the reconveyance fee and surrender of the Deed of Trust and the original note or notes secured thereby To THE CITY OF HUNTINGTON BEACH You are hereby notified that the undersigned THE REDEVELOPMENT AGENCtXe legal owner— of the ONE _promissory note_for the sum of $ 35,000 00 NUI SHOWN ------ ------- with interest secured by that certain Deed of Trust dated the day of , 19 executed by PATRICK & NELIDE MELVIN to THE CITY OF HUNTINGTON BEACH Trustee which said Deed of Trust was recorded in the office of the County Recorder of the County of ORANGE , State of California on the 1 day of JULY 19 94 , in Book -------- Page ------- et seq of Official Records as Instrument Number 94-0437386 That said note— together with all other sums and indebtedness secured by said Deed of Trust ha1— been fully paid and satisfied and you are hereby directed and ordered upon presentation to you of said Deed of Trust and the note or notes secured thereby and on cancellation by you of said note or notes and payment to you of any sums owing to you under the terms of said Deed of Trust to release and reconvey without warranty all the estate in the premises in said Deed of Trust to you by said instrument granted or so much thereof as is now held by you unto the parties designated by the terms of said Deed of Trust, at their request and cost as provided in said Deed of Trust Dated this 19 day of SEPTEMBER 19 97 .e recle'Velo7pinient agehcy of the city of HUNTINGTON BEACH 1317(11/68) ORA,.uE COAST TITLE �..AS ANGELES 77"'IS-ZA DEPNriTMENT F-�cnrtled in C-.ff d:1 Re-- rA-- of 0rana? LOV+ Y, L-31l fONi s RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ) F3» f of 25 FTC;. f k_. •: ) 14.'t• 7 tit t• . The Redevelopment Agency of the ) nr� City of Huntington Beach } 2000 Main Street ) Huntington Beach, California 92648 ) Attn: Agency Clerk ) V ISpece Above This Line or Recorder's Use.I r This document is exempt from recording fees pursuant to Government Code Section 6103. DEED OF TRUST WITH ASSIGNMENTS OF RENTS J T I D F TRUST is made this d y o JUtIE , Z g V *and among ��V<<1 whose address i � , _ [A ;'[the "Trustor") and THE CITY OF HUNTINGTON BEACH, a municipal corporation (the "Trustee") and THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic (the "BENEFICIARY"), whose address is 2000 Main Street, Huntington Beach, California 92648. WITNESSETH: That Trustor Irrevocably Grants, Transfers and Assigns, to Trustee, in Trust, with Power of Sale, that property in the City of Huntington Beach, County of Orange, State of California, described legally in the Legal Description attached 11 hereto as Exhibit "A" and incorporated herein. TOGETHER WITH: (a) all buildings, improvements and fixtures, now or hereafter placed thereon, it being understood and agreed that all classes of property attached or unattached used in connection herewith shall be deemed fixtures, (b) rents, issues and profits thereof, (c) any water rights and/or stock are appurtenant or pertain to said land, and (d) all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement for the sale thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits, and all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement. A. FOR THE PURPOSE OF SECURING: 1. Payment of the sum of with interest thereon according to the terms of a Promissory Y4ote of even date herewith, made by Trustor, payable to the order of the Beneficiary and extensions or renewals thereof. 'ADEEDRENT106/02/94/B 1 2. Payment of such additional sums with interest thereon as: (a) may be hereafter borrowed from the Beneficiary by the then: record owner or owners of said property when evidenced by another Promissory Note or Notes, or (b) as may be added to the indebtedness secured hereby in accordance with the provision of this Deed of Trust. 3. Performance of each and every obligation, covenant, promise or agreement of Trustor contained herein in the Loan Agreement between Beneficiary and Trustor dated JUNE 28 , 199364and in that certain Affordable Housing Agreement currently recorded on the property, insofar as the terms and conditions of that agreement may apply to Trustor. 4. Payment, with interest thereon, future indebtedness or obligation of the Trustor (or of any successor-in-interest of the Trustor to said property) to the Beneficiary, whether created directly or acquired by assignment, whether absolute or contingent, whether due or not, whether otherwise secured or not, or whether existing at the time of the execution of the Deed of Trust, or arising thereafter. B. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. To keep said property in good condition and repair; to allow Beneficiary or its representatives to enter and inspect the premises at all reasonable times'and access thereto, shalt be permitted for that purpose; not to remove or demolish any building thereon; not to make alterations thereto without the consent of the Beneficiary; to suffer or permit no change in the general nature of the occupancy of the premises without Beneficiary's written consent; to complete or restore promptly and in good workmanlike manner any building which may be constructed, damaged or destroyed thereon, including, without restricting the generality of the foregoing, damage from termites and dry-rot; to pay when due all claims for labor performed and materials furnished in connection with such property and not to permit any mechanic's lien against such property; to comply with all laws affecting such property or requiring any alterations or improvements to be made thereon; not to initiate or acquiesce in any zoning reclassification without Beneficiary's written consent; not to commit or permit waste thereon; not to commit, suffer or permit any act upon such property in violation of the law; and to paint, cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from the character or use of said property may be reasonably necessary; to promptly pay all amounts due others upon agreements of lease or conditional sale of all fixtures, furnishings and equipment located thereon. If the loan secured hereby or any part thereof is being obtained or should any additional loan be made hereafter for the purpose of financing rehabilitation improvements on said property, Trustor further agrees, anything in this Deed of Trust to the contrary notwithstanding; (a) to complete the same in accordance with City approved plans and specifications satisfactory to Beneficiary; (b) to allow Beneficiary to inspect such property at all times during rehabilitation; (c) to replace any work or materials unsatisfactory to Beneficiary within fifteen (15) calendar days after written notice from Beneficiary of such fact, which notice may be given to Trustor by registered or certified mail, sent to his last known address, or by personal service of the same; (d) that work shall not cease on the rehabilitation of such improvements for any reason whatsoever for a period of fifteen (15) calendar days, whether consecutive or not, without the written permission of the Beneficiary; (e) to pay when due all claims of labor and materials furnished in connection 71DEEDREN'110610219418 2 V with the said rehabilitation and not to permit any claims of lien for said work or material to be filed of record against the property; (f) not to permit any stop notice claims to be presented to Beneficiary. If said property is part of a larger tract upon which improvements will be constructed, Trustor shall make separate contracts and subcontracts for said construction which shall pertain to the said property only and shall keep separate, full and complete records of all work and materials furnished to the said property. Trustee upon presentation to it of an affidavit signed by the Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder. 2. To provide, and maintain in force at all times with respect to said property, fire and other types of insurance as may be required by Beneficiary. All of such insurance shall have a loss payable endorsement in favor of Beneficiary, shall be for a term and in form, content, amount and in such companies as may be satisfactory to Beneficiary, and the policies therefor shall be delivered to and remain in possession of Beneficiary as further security for the faithful performance of these trusts. At least thirty (30) days prior to the expiration: of any insurance policy, a policy or policies renewing or extending such expiring insurance shall be delivered to Beneficiary together with written evidence showing payment of the premium therefor and, in the event any such insurance policy and evidence of the payment of the premium therefor are not so delivered by Trustor to Beneficiary, Trustor by executing this Deed of Trust specifically requests Beneficiary to obtain such insurance and Beneficiary, without obligation to do so, without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may obtain such insurance through or from any insurance agency or company acceptable to it, pay the premium thereof, and may add the amount thereof to the indebtedness secured hereby, which amount shall bear a like rate of interest. Beneficiary may furnish to any insurance agency or company, or any other person, any information contained in or extracted from any insurance policy delivered to Beneficiary pursuant hereto and any information concerning the loan secured hereby. Neither Trustee nor Beneficiary shall be responsible for such insurance or for the collection of any insurance monies, or for any insolvency of any insurer or insurance underwriter. In case of insurance loss, Beneficiary is hereby authorized either (a! to settle and adjust any claim under the insurance policies provided for in this document without the consent of the Trustor, or (b) to allow Trustor to agree with the insurance company or companies on the amount to be paid upon the loss. In either case, the Beneficiary is authorized to collect and make receipt of any such insurance money. If Trustor is obligated to restore or replace the damaged or destroyed buildings or improvements under the terms of any lease or leases which are or may be prior to the lien of this Deed of Trust and such damage or destruction does not result in cancellation or termination of such lease, such proceeds, after deducting therefrom any expenses incurred in the collection thereof, shall be used to reimburse the Trustor for the cost of rebuilding or restoring the buildings or improvements on said premises. In all other cases, such insurance proceeds, at the option of the Beneficiary, shall either be applied in reduction of the indebtedness secured hereby whether due or not, or in such order as Beneficiary may determine, or be held by the Beneficiary and used to reimburse the Trustor for the cost of the rebuilding or restoring the buildings or improvements on said premises. Such buildings and improvements shall be so restored or rebuilt as to be of at least equal value and substantially the same character as prior to the damage or destruction, and shall be in a condition satisfactory to Beneficiary. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such MEEDRENT106102194/6 3 V notice. Any and all unexpired insurance shall inure to the benefit of, and pass to the purchaser of, the property conveyed at any Trustee sale held hereunder. 3. To pay: (a) at least ten (10) days before delinquency, all general and special City and County taxes, and all assessments on appurtenant water stock, affecting such property, (b) when done, all special assessments for public improvements, without permitting any improvement bond to issue for any special assessment (c) when done, all encumbrances, charges and lines, with interest, on said property, or any part thereof, which are or appears to be prior to superior hereto, (d) if the security of this Deed of Trust is leasehold estate, to make any payment or do any act required of the Lessee or its successor in interest under the terms of the instrument or instruments creating said leasehold, (e) all costs, fees and expenses of this trust, (f) for any statement regarding the obligation secured hereby any amount demanded by Beneficiary not to exceed the maximum allowed by law thereof at the time when such request is made, (g) such other charges for services rendered by Beneficiary and furnished at Trustor's request or that of any successor in interest to Trustor as the Beneficiary may deem reasonable. If, by the laws of the United States of America, or of any state having jurisdiction over the Trustor, any tax is due or becomes due in respect to the issuance of the Note hereby secured, the Trustor covenants and agrees to pay such tax in the manner required by such law. Should Trustor fail to make any such payment, Beneficiary may elect to make such payment, Beneficiary may elect to make such payment and any amount so paid may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest. 4. That, should Trustor fail to make any payment or do any act as provided in this Deed of Trust, the Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may (a) make or do the same 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 said property for such purposes, (b) commence, appear in, or defend any action or proceeding purporting to affect the security hereof or the property covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, (c) pay, purchase, contest or compromise any encumbrance, charge or lien, which in the judgment of either is or appears to be prior or superior hereto, and (d) in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary, and any amount so expended may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest. 5. To appear in and defend any action or proceeding purporting to affect the security hereof or the property which is covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, and whether or not Trustor so appears or defends, to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including any action for the condemnation or partition of said premises, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 71DEEDRENT10610219415 4 fi. To pay immediately and without demand, all sums expended under the terms of this Deed of Trust by Beneficiary or Trustee, with interest from the date of expenditure at the rate which the principal obligation secured hereby bears at the time such payment is made, and the repayment of such sums shall be secured hereby. 7. That, should the Trustor or any successor in interest to Trustor in such property drill or extract, or enter into a lease for drilling or extraction of oil, gas or other hydrocarbon substances or any mineral of any kind or character, or sell, convey, further encumber, or alienate said property, or any party thereof, or any interest therein, or be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, Beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby irrespective of the maturity date specified in any Note evidencing the same, immediately due and payable, and no waiver of this right shall be effective unless in writing. 8. 'That any award, settlement or damages for injury or damages to such property, or in construction with the transaction financed by such loan, and any award of damages in connection with any condemnation for public use of or injury to said property, or any part thereof, is hereby assigned and shall be paid to Beneficiary, who may apply or release such monies received by it in such manner and with the same effect as above provided for the disposition of proceeds of fire or other insurance. 9. That, by accepting payment of any sums secured hereby after its due date, or by making any payment, performing any act on behalf of Trustor, that Trustor was obligated hereunder, but failed, to make, or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right either to require prompt payment when due of all sums so secured or to declare a default for failure so to pay. 10. That at any time, or from time to time, without liability of the Beneficiary or Trustee thereof, and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and any Note secured hereby for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, or the lien of the Deed of Trust upon the remainder of said property for the full amount of the indebtedness then or thereafter secured hereby, or the rights or powers of Beneficiary or the Trustee with respect to the remainder of said property, Trustee may: (a) reconvey any part of said property, (b) consent to the making of any map or plat thereof, (c) join in granting any easement thereon, (d) join in any agreement subordinating the lien or charge hereof. 11. That the lien hereof shall remain in full force and effect during any postponement or extension of time of payment of the indebtedness secured hereby, or any part thereof. 12. That, upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said Note or Notes to Trustee for cancellation and retention, and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such 71DEEDRENT10610219418 5 v u reconveyance of any matters of fact shall be conclusive of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Such request and reconveyance shall operate as re-assignment of the rents, issues, royalties and profits assigned to Beneficiary. Five (5) years after issuance of such full reconveyance, Trustee may destroy said Note and this Deed of Trust (unless directed in such request to retain them). 13. That as additional security, Trustor irrevocably assigns to Agency the rents, issues, and profits of the property affected by this Trust Deed for the purposes and upon the terms and conditions set forth below. This assignment shall not impose upon Agency any duty to produce rents from the property affected by this Trust Deed, or cause Agency to be (a) "mortgages in possession" for any purpcse; (b) responsible for performing any of the obligations of the lessor under any lease; or (c) responsible for any waste committed by lessees or any other parties, for any dangerous or defective condition of the property affected by this Trust Deed, or for any negligence in the management, upkeep, or control of such rights to rents, issues and profits is not contingent upon, and may be exercised without possession of, the property affected by this Trust Deed. Agency confers upon Trustor a license ("License") to collect and retain the rents, issues and profits of the property affected by this Trust Deed as they become due and payable, until the occurrence of a default hereunder. Upon such default, the License shall be automatically revoked and Agency may collect and retain the rents, issues and profits without notice and without taking possessions of the property affected by this Trust Deed. This right to collect rents, issues and profits shall not grant to Agency or Trustee the right to possession, except as otherwise provided herein; and neither said right, nor termination of the License, shall impose upon Agency or Trustee the duty to produce rents, issues or profits or maintain all or any part of the property affected by this Trust Deed. if Trustor shall default as aforesaid, Trustor's right to collect any such money shall cease and Beneficiary shall have the right, with or without taking possession of the property affected hereby, to collect all rents, issues, royalties and profits and shall be authorized to, and may, without notice and irrespective of whether declaration of default has been delivered to Trustee and without regard to declaration of default has been delivered to Trustee and without regard to the adequacy of the security for the indebtedness secured hereby, either personally or by attorney or agent without bringing any action or proceeding, or by receiver to be appointed by the Court, enter into possession and hold, occupy, possess and enjoy the said property, make cancel, enforce and modify leases, obtain and eject tenants, and set and modify rents and terms of rents, and to sue, and to take, receive and collect all or any part of the said rents, issues, and profits of the property affected hereby, and after paying such costs of maintenance, operation of said property, and of collection including reasonable attorneys' fees, as in its judgment it may deem proper, to apply the balance upon any indebtedness then secured hereby, the rents, issues, royalties and profits of said property being hereby assigned to Beneficiary for said purposes. The acceptance of such rents, issues, royalties and profits shall not constitute a waiver of any other right which Trustee or Beneficiary may enjoy under this Deed of Trust or under the laws of California. Failure of or discontinuance by Beneficiary at any time, or from time to time, to collect any such rents, issues, royalties or profits shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power and authority to collect the same. The receipt and application by said Beneficiary of all such rents, issues, royalties and profits pursuant hereto, after execution and delivery of declaration of default and demand for sale 710EEDREN7106102l9418 6 as hereinafter provided, or during the pendency of Trustee's sale proceedings hereunder, shall not cure such breach or default not affect said sale proceedings, or any sale made pursuant thereto, but such rents, issues, royalties and profits, less all costs of operation, maintenance, collection and reasonable attorneys' fees, when received by Beneficiary, shall be applied in reduction of the indebtedness secured hereby, from time to time, in such order as Beneficiary may determine. Nothing contained herein, nor the exercise of the right by Beneficiary to collect, shall be, or be construed to be, an affirmation by Beneficiary of any tenancy, lease or option, nor an assumption of liability under, nor subordination of the lien or charge of this Deed of Trust to, any such tenancy, lease or option. 14. That if the security of this Deed of Trust is a leasehold estate, the Trustor agrees that: (a) the term "Lease" as used herein shall mean the lease creating the "leasehold estate"; (b) Trustor shall not amend, change or modify his leasehold interest, or the Lease, or agree to do so, without the written consent of the Beneficiary; (c) Trustor will promptly advise Beneficiary regarding any notice, request or demand received by him from the lessor under the Lease and promptly furnish Beneficiary with a copy of any such notice, request or demand; (d) as long as any of the indebtedness secured hereby shall remain unpaid, unless the Beneficiary shall otherwise consent thereto in writing, the leasehold estate shall not merge with the fee title but shall always be kept separate and distinct, notwithstanding the union of said estates in any party; (e) Trustor agrees that it will promptly, strictly, and faithfully perform, fulfill, and comply with all covenants, agreements, terms, conditions and provisions under any lease affecting the premises and to neither do anything, nor to permit anything to be done which may cause modification or termination of any such lease or of the obligations of any lessee or person claiming through such lease or the rents provided for therein or the interest of the lessor or the Beneficiary therein or thereunder. Trustor further agrees he %vill not execute a Deed of Trust or mortgage which may be or become superior to any leasehold estate that is security for this Deed of Trust. In the event of a violation of any of the covenants set forth in this paragraph, Beneficiary shall have the right, at its option, to declare all sums secured hereby immediately due and payable. Consent to or waiver of one of said violations shall not be deemed to be a consent to or waiver or any other violation. It the security for this Deed of Trust is a leasehold estate, the term "property" as used in this Deed of Trust shall be deemed to mean the leasehold estate whenever the context so requires for the protection of the Beneficiary. 15. That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement, and the Promissory Note, if applicable, hereunder, and upon default by Trustor under the terms of any encumbrance, charge or lien which is or appears to be prior or superior hereto, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary shall also deposit with Trustee this Deed of Trust and any Notes and all documents evidencing expenditures, secured hereby. After the lapse of such time as then may be required by law following recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in such notice of sale, whether as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for case in 7TEEDREN't\0610219418 7 lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such safe by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its Deed conveying the property so sold, but without any covenant or warranty, express or implied. The recital in such Deed of any matters of fact shall be conclusive of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. Trustee may also sell at any such sale and as part thereof any shares of corporate stock securing the obligations secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand and notice of such sale). After deducting all costs, lees and expenses of Trustee, and of this Trust, including cost of evidence of title in connection with this sale, Trustee shall apply the proceeds of sale to payment, first; all sums expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the Note or Notes secured hereby, and then of all other sums secured hereby, and, if there are any proceeds remaining, shall distribute them to the person or persons legally entitled thereto. 16. To waive, to the fullest extent per by law, the right to plead any statute of limitations as a defense to any demand secured hereby. 17. That Beneficiary may, from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded in the office of the recorder of the county or counties where such property is situated, shall be conclusive proof of property substitution of such successor Trustee or Trustees, who shall, without conveyances from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties, including but not limited to the power to reconvey the whole or any part of the property covered by this Deed of Trust. Such instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded. If notice of default shall have been recorded, this power of substitution cannot be exercised until after the costs, fees and expenses of the then acting Trustee shall have been paid to such Trustee, who shall endorse receipt thereof upon such instrument. The procedures herein provided for substitution of Trustee shall not be exclusive of other provisions for substitution provided by law. 18. That this Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees; devisees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the owner and holder, including pledgee, of the Note secured hereby, whether or not names-as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 19. That in the event the property secured by this Deed of Trust is income producing property consisting of four units or more, Trustor agrees to file with Beneficiary, at Beneficiary's request, monthly, on or before the 15th day of each month, a written operational report. Such operational report shall contain a brief but complete statement of the month's income and expenses of such property, a list of all vacancies, and a statement of any material change in the property or business carried on therein for such period. MEEDRENT\06102194M 20. That in the event of a demand for, and the preparation and delivery of a written statement regarding the obligations secured by this Deed of Trust pursuant to Sections 2943 and 2954 of the Civil Code of California, Beneficiary shall be entitled to make a reasonable change, not exceeding the maximum amount which is permitted by law at the time the statement is furnished. Beneficiary may also charge Trustor a reasonable fee for any other services rendered to Trustor or rendered in Trustor's behalf in connection with said property of this Deed of Trust, including changing Beneficiary's records pertaining to this Deed of Trust and the loan secured hereby in connection with the transfer of said property, or releasing an existing policy of fire insurance or other casualty insurance held by Beneficiary and replacing the same with another such policy. 21. That Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. 22. That should this Deed of Trust or any Note secured hereby provide any fee for prepayment of any indebtedness secured hereby, Trustor agrees to pay said fee, if any, of said indebtedness shall be paid prior to the due date thereof stated in said Note or this Deed of Trust even if notwithstanding Trustor shall have defaulted in payment thereof, or in performance of any agreement hereunder, and Beneficiary, by reason thereof, shall have declared all sums secured hereby immediately due and payable. 23. That Trustor has made certain representations and disclosures in order to induce Beneficiary to make the loan evidenced by the Promissory Note or Notes which this Deed of Trust secures, and in the event that Trustor has made any material misrepresentation or failed to disclose any material fact, Beneficiary at its option and without notice, shall have the right to declare the indebtedness secured hereby, irrespective of the maturity date specified in such Note or Notes, immediately due and payable, and an failure to so pay Beneficiary may make a written declaration of default and demand for sale as in paragraph No. 15 herein set forth. Trustee, upon presentation to it of an affidavit signed by Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder. Any notice which any party hereto may desire or be required to give to the other party shall be in writing. The mailing thereof must be certified mail addressed to the Trustor at his address hereinabove set forth or to the Beneficiary at his office or at such other place as such parties hereto may designate in writing. 7kDEEDREMV610219418 9 PA,RC.EL 1: UNIT NO. 43, CINSIS IN13 OF CERIkIN AIRSPACE AND SURFACE ELEMENTS, AS S: 7 AND DESK IN TBE aomcr IIlijuvi PLAN ("PLAN") FOR BRISAS DEL MAR LOCATE C[3 IlTr 1 OF TRACT 14757, AS SHOKN CAI A SUBDIVISION MAP RECORDED C N SEPTEMaER 1, 1993, IN BOOK 701, PAGES 42 TI1RUT 43, INCLUSIVE OF M19CEL,LANDOCTS MAPS, IN 7=- OFFICE OF THE CRINGE C3 UTMC RVCORDFR ("OFFICIAL RECORDS") , 14KDIA PLAN VrAmS RECORDED Ch1 SEPTE BER IS, 1993, AS INSnU14ENT NO. 93-0621742, OF OFFICTAs, RECORDS, CALLF�IIA. PARCEL 2: AN UNDIVIDED aNE FORTY000MRT (1/44) FEE SIMPLE INTEREST AS A TENaAkNI' Ill CIC�VU4 IN AND TO hXXJLE B SRZWO1 a1 THE PLAN AMID DEFINED IN THE DEC ARATICTr REFERRED TO BELLOW AS THE ,am-ttl AREA". EY.= TH'EREFRC14 ALL OIL, CAS, MIMIALS AND OTHER HYDROCARB01 SUBSTANCES LYING BELOW A DEPTH OF 500 FEET' WIT= ANY RIGHT 70 ENTER UPCN THE SURFACE OR THE SUBSURFACE OF SAID LAID ABOVE A DEPTH OF SOO FEET, AS PROVIDED IN INSiXIIE11TS OF RECIDRD. PARCEL, 3: 1139EVCLUSIVE EASEKENT3 FOR ACCESS, INCRESS, EGRESS, USE, �'VT, DRAINAGE, ENCROACHMENT, SUPPORT, MAINTENANCE, A.EFAIRS AND FOR OTHER PURPOSES, ALL AS MAY BE SHCYvN IN THE PLAN, AMID AS ARE rESCRIBED IN THS DECLARATION. PARCEL 4: EM71 SIVE EASEMENTS APPURTENANT TO PARCELS NO. 1 AND NO. 2 DESCS�E _ ABOVE FOR USE FOR PAR UNG PURPOSES DFSQIIBED AS EXC111SIVE USE AREAS IN THE DECLARATION, OVER PORTICr15 OF LOT I OF TRACT 14757 cMgU AMID ASSIaZED IN Tf PLAN. PARCEL 5: AN EXCLUSIVE EASEMENT APPURTEm T TO PARCELS NO. 1 AND NO. 2 DESCRIBED ABOVE, PMO LEE FOR PATIO, BADLY, AMID FIRE ESCAPE SIAIRCASE PURF)SFS DESCRIaE AS EXCLUSIVE USE AREAS IN THE DECLARATICN, AS APPLICABLE, OVER POLYT`ICtz OF Lcr L OF TRACT 14757 AS SHOWN, ASSIGNED AND DESCRI.IBED IN THE PLAN. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.590T State of County of dr On •�3 • `�� before me, , DATE E,TEYLE OF OFFICER•E. ANE DOE.NOTARY PUBLIC- personally appeared NAME(5)OF SIGNERS) 9--personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose nameo( e- subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in h4s40)theR authorized capacity(ime , and that by I�i�szRtheir LIMA SUP 'URAC I signature on the instrument the personx, MAWE C or the entity Capon behalf of which the MY Co C*Id Lv o-. persono acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ II VIDUAL L`S C RPORATE OFFICER TITLE 0 TYPE OF DOCUMENT InF[s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME PERaSpN(S)OR ENTITY(IEs) SIGNER(S)OTHER THAN NAMED ABOVE - - --- - - - - -- - - 01993 NATIONAL NOTARY ASSOCIATION•9=Rommel Ave.,P.O.Box 7184 9 C wga Park CA 813C9.7184 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. TRUSTEE: TRUSTOR: THE CITY OF HUNTINGTON BEACH By:2�&A- Mayor By pi&ar-. .4b By: BENEFICIARY: THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH Chairperson APPROVED AS TO FORM: ATTEST: f�ge 3 Yf Counsel a� 6 G IL' Clerl lClerk � -r MEEDRENTl061021941a 10 � AMERI R STATE OF CALIFORNIA }ss. COUNTY OF ORANGE On J= 28,1994 , before me, SALPY GIRAGCSSIAN personally appeared PATRICK M. MELVIN AND NELIDE ITO , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the parson(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my nd and offi ' I seal. S'-gnatur SALPY GIRAGOSSiAN= m , - COMM.V. 1022263 a7 NOTARY PUBLIC•CALtFORMA �] = OrPANGE COUNTY 1 (This area for official nctar al seagy�TMrt E><pinas April 5.149fi Title of Document Date of Document No. of Pages Other signatures not acknowledged 30M(1.94)(General) First American Title Insurance Company RIDER TO REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DEED OF TRUST AFFORDABLE HOUSING PROGRAM This rider to the Redevelopment Agency of the City of Huntington Beach Deed of Trust which was executed bNETitICK IIQ i�;ELYIl1 & (Trustor for the property located at is subject to the terms and conditions of that certain Loan Agreement entered into by and between Beneficiary and Trustor dated JUICE 28 19 94 , to which this rider is attached as Exhibit "C" and incorporated by reference (the "Loan Agreement"), pursuant to which Beneficiary has agreed to loan Trustor the sum of Dollars (sue DM (the "Loan Amount") with simple interest to accrue at five percent (5%) yearly. All terms in this Rider to Redevelopment Agency of the City of Huntington Beach Deed of Trust, if not separately defined herein, shall have the meanings as defined in the Loan Agreement. 1, AccelerationlDue on Sale. A. Except as provided herein, the Loan and all interest accrued thereon shall be due and payable upon W sale or transfer to a Buyer not qualified to participate in the Agency's Affordable Housing Loan Program or not approved by the Agency ("Qualified Buyer"), or other disposition of the Property, including, without limitation, lease, exchange or rent of any part of the Property, (ii) the refinancing of the First Mortgage for a loan amount in excess of the then current loan balance or for any amortization period longer than the Loan secured by the First Mortgage, or (iv) Trustor being in material default of any ' other obligation contained in this Agreement or any provision of the Affordable Housing Agreement or Covenant, as defined herein, recorded on the Property, or (v) Trustor violates any condition of the Deed of Trust or Promissory Note, or (vi) the death of Trustor (unless the Trustor's household, occupying the Property, contains more than one qualified participant in the affordable housing program pursuant to which this Loan is being made, and at least one qualified participant survives). At the request of Trustor, the Agency may, in its sole discretion, extend the term of the Loan. Moa ndodaycy6drl06/02194 B. Exception,to Repayment Provision.Accrued interest shall be due and payable upon sale of the Property to a Qualified Buyer who assumes the Agency Loan only if, at the time of sale, the sales price of the Property is equal to or greater than the amount of the original purchase price plus five percent (5%) of that amount per year for every full year of ownership, starting at the close of escrow described in paragraph one (f) herein, and any pro rata share applicable to any portion of a remaining year. 2. Occupancy Standards. The Property shall be used as the personal residence of Trustor and Trustor's immediate family and for no other purpose. Trustor shall not enter into an agreement for the rental or tease of the Property. 3. Protection of Beneficiary's Rights in the Property. A. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Beneficiary may do and pay for whatever Is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorney's fees and entering on the Property to make repairs. Although Beneficiary may take action under this Section, Beneficiary does not have to do so. B. Any amount disbursed by Beneficiary under this section, shall become additional debt of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the highest rate permitted by law and shall be payable, with interest, upon notice from Beneficiary to Trustor requesting payment. 4. Eguity Share. In the event that the Agency Loan becomes due and payable prior to the thirtieth anniversary of the date of the Loan Agreement, Trustor shall pay to Beneficiary 2 7Roandncls9cyridr106d02l94 concurrent with the principal and accrued interest, an amount equal to the "Equity Share Amount." The Equity Share Amount shadbe determined by applying a percentage factor (the "Applicable Factor") to the difference between the Sales Price and the Purchase Price (defined below) as follows: 1. Prior to fifth anniversary fifty percent (50%) of the Agency Deed of Trust: 2. After fifth anniversary but forty-eight percent (48%) prior to sixth anniversary: 3. After sixth anniversary but forty-six percent (46%) prior to seventh anniversary: 4. After seventh anniversary but forty-four percent (44%) prior to eighth anniversary: 5. After eighth anniversary but forty-two percent (42%) prior to ninth anniversary: S. After ninth anniversary but forty percent (40%) prior to tenth anniversary: 7. After tenth anniversary but thirty-eight percent (38%) prior to eleventh anniversary: 8. After eleventh anniversary but thirty-six percent (36%) prior to twelfth anniversary: 9. After twelfth anniversary but thirty-four percent (34%) prior to thirteenth anniversary: 10. After thirteenth anniversary but thirty-two percent (32%) prior to fourteenth anniversary: 11. After fourteenth anniversary but thirty percent (30%) prior to fifteenth anniversary: 12. After fifteenth anniversary but twenty-eight percent (28%n) prior to sixteenth anniversary: 3 7Aoandoclagcyridrl06ro2194 13. -After sixteenth anniversary but twenty-six percent (26%) prior to seventeenth anniversary: 14. After seventeenth anniversary but twenty-four percent (24%) prior to eighteenth anniversary: 15. After eighteenth anniversary but twenty-two percent (22%) prior to nineteenth anniversary: 16. After nineteenth anniversary but twenty percent (20%) prior to twentieth anniversary: 17. After twentieth anniversary but eighteen percent (18%} prior to twenty-first anniversary: 18. After twenty-first anniversary but sixteen percent (16%) prior to twenty-second anniversary: 19. After twenty-second anniversary but fourteen percent (14%) prior to twenty-third anniversary: 20. After twenty-third anniversary but twelve percent 02%) prior to twenty-fourth anniversary: 21. After twenty-fourth anniversary but ten percent (10%) prior to twenty-fifth anniversary: 22. After twenty-fifth anniversary but eight percent (8%) prior to twenty-sixth anniversary: 23. After twenty-sixth anniversary but six percent (6%) prior to twenty-seventh anniversary: 24. After twenty-seventh anniversary but four percent (4%) prior to twenty-eighth anniversary: 25. After twenty-eighth anniversary but two percent (2%) prior to twenty-ninth anniversary: 26. After twenty-ninth anniversary but one percent (1°lo) prior to thirtieth anniversary: 27. After thirtieth anniversary: zero percent (0%) 4 7Aoandoc/sycy6dr106102194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 140_5947 WE State of County of On before me OATS N TITLE OF FFIE:�•JANE OOE,NOTARY PUBLIC , personally appeared .— _ —�� N-,$ _ , .. 4 NAME(S)OF SIGNER(S) M-personally known to me - OR - 0"p*roved to me on the basis of satisfactory evidence to be the person(X whose nameo QAr_e--- subscribed to the within instrument and ac- knowledged to me that he/shelthey executed the same in _WsothL-ft authorized or`FIOA 7L SM capacity(+eo, and that by tom- 0&rei�r LNDA suE sURAcI signaturZtfity on the instrument the person}; Nor��COLWY r•Calromia or the upon behalf of which the MYCanffi'10" 9e: AupUat 21, 1995 personW acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NdTiRY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent f- udulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑�=PORATE DUAL /&4l 1 ! " OFFICER zkt��� Az"_� - - - - - - - - - - TITLE OR TY E OF DOCUMENT TITL. m ❑ PARTNER(S) ❑ LIMITED - — ❑ GENERAL 1 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER 1S REPRESENTING: kA VE ERSON(SI OR ENTITYpES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOC;ATION+8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 The "Purchase Price" is the original purchase price paid by the Participant to the Seller for Seller's interest in the Property, exclusive of escrow fees, title insurance costs, broker's commission, loan fees or any other closing or transaction costs. The "Sales Price" is the price to be paid by the buyer of the Property (the "Buyer") to Participant for Participant's interest in the Property, exclusive of escrow fees, title insurance costs, broker's commissions, loan fees or any other closing or transaction costs. In the event of sale of the Property and at the election of the Agency, the Agency may appoint a certified, independent appraiser to conduct any appraisal of the Property, at Participant's expense to assist the Agency in determining if the Sales Price is at or near the fair market value of the Property at such time. If the Sales Price is determined by the appraisal to be three percent (30jo) or more below the fair market value of the Property as estimated in said appraisal, then the "Sales Price" for purposes of determining the Equity Share Amount shall be the fair market value of the Property established in said appraisal. PARTICIPANT ACKNOWLEDGES AND AGREES THAT IN THE EVENT THAT THE LOAN WHICH THE DEED OF TRUST SECURES BECOMES DUE AND PAYABLE PRIOR TO THE 30TH ANNIVERSARY OF THE LOAN AGREEMENT, PARTICIPANT SHALL PAY TO AGENCY AN EQUITY SHARE AMOUNT EQUAL TO A PERCENTAGE SHARE OF THE APPRECIATION OF THE PROPERTY AS CALCULATED PURSUANT TO THIS SECTION. THE AGENCY ACKNOWLEDGES AND AGREES THAT PARTICIPANT SHALL ONLY PAY THE EQUITY SHARE AMOUNT TO THE AGENCY IF, AND ONLY IF, PARTICIPANT FAILS TO ABIDE BY COVENANTS OR OTHERWISE FAILS TO COMPLY WITH THE PROVISIONS OF THIS AGREEMENT OR PARTICIPANT SELLS THE PROPERTY TO A BUYER NOT QUALIFIED BY THE AGENCY IN ACCORDANCE WITH PARAGRAPH "C" BELOW. PARTiCIPANTITRUSTOR AGENCY 5 7.1oandoc1sgcyr1dr166/02194 The value of all capital improvements to the Property made while Participant owned and occupied the Property shall be deducted from the Sates Price when calculating the Equity Share Amount, if Participant complies with the following: The costs incurred by the Participant for capital improvements shall be deducted from the Sales Price only if Participant submits the following to the Agency: (i) an itemized list of the improvements, (ii) reliable proof of completion of the improvements (as evidenced e.g., by final building permits or certificate of completion), and (iii) reliable evidence of the cost of the improvements and that Participant paid those costs (as evidenced e.g., by an itemized invoice or receipt). Notwithstanding the foregoing, Participant's obligation to pay the Equity Share Amount is subject to a superior right of Participant, upon termination of the Agency Loan, to receive repayment of money paid by the Participant without Agency assistance for purchase of the Property (including down payment, installment payments of mortgage principal pursuant to the First Lien, escrow fees, transfer taxes, recording fees, brokerage commissions, and similar costs actually paid by the Participant) and money paid by the Participant for capital improvements to the Property. 5. New Loan to Qualified Buyer. Notwithstanding the provisions herein above, if the Property is sold by the Trustor to a Buyer of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, or any provision of law which may be enacted in the future, replacing Section 50093 or the law which defines "low or moderate" income for the purposes of affordable housing, and approved by Agency, ("Eligible Person or Family") and the Sales Price does not exceed an "affordable housing cost," as defined by Section 50052.5 of the California Health and Safety Code, to such Buyer, and the Buyer assumes the Trustor's loan, then no Equity Share Amount is due to the Beneficiary upon such sale. In order to verify the Buyer's status as an Eligible Person or Family, Trustor shall submit to the Beneficiary, together with the notice of 6 7Acendoch gcodr/06102194 i proposed sale pursuant to the Loan Agreement,the identity of the proposed Buyer and adequate information evidencing the income of the proposed Buyer. Said income information shall include original or true copies of pay stubs, income tax records or other financial documents in order that the Beneficiary may determine and verify the household income of the proposed Buyer to determine Eligible Person or Family status and whether the Property is available to such Buyer at affordable housing cost. If the Beneficiary is unable to verify the Buyer's income as provided herein, then the Buyer's income shall be deemed to exceed the maximum allowable income limit for Eligible Persons and Families and the Equity Share Amount shall be due and payable concurrent with the repayment of the Note Amount plus interest. In the event that sale or transfer is made to an Eligible Person or Family, interest which has accrued at the time of the sale (upon close of escrow) shall be due and payable, unless the Property has appreciated in value in an amount which would be equal to or less than the value of the Property if the appreciation rate had been five per cent (5%) per year over the original price paid by the Trustor. If the price of the Property upon sale to are Eligible Buyer reflects less than 5% appreciation per year over the price paid by the Trustor at the time of original purchase, then no interest will be due upon such sale. Interest will begin to accrue at the simple rate of five percent per annum as to the new owner, on the date upon which escrow closes and will accrue on the then unpaid principal amount. 6. Subordination. The Beneficiary has found and declared that an economically feasible method of financing, refinancing or assisting first time homebuyers pursuant to the Program on substantially comparable terms and conditions without subordination is not reasonably available. Any first lien on the Property ("First Lien") held by an institutional lender or investor (the "Lender") shall be prior and superior to the Declaration and this Deed of Trust. Thus, in the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the 7 71toandocla9cyridr106102194 Trustor's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Trustor or a related entity of the Trustor), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. 7. Obligation to Refrain from Discrimination. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the Beneficiary itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the City or any portion thereof. Trustor agrees it shall instruct the escrow holder for the acquisition of the Property by the Trustor that the order of recording in the escrow for the purchase of the Property by the Trustor shall occur as follows; 1) the First Lien; 2) the Declaration of Covenants, Conditions & Restrictions for Affordable Housing; and 3) the Agency Deed of Trust. 4 8 Zloandoc/agcyridr/06/02/94 CALIFORNIA ALL-PURPO�iACKNOWLEDGMENT ru.sear State of County of On /n-o23 - % 51 before me, , DATE n E.TnU OF OFFICER•E.G-.-JANE DOE.NOTARY PUBLIC personally appeared NAme(s)of SIG Ertm 9-personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose name�4ee- subscribed to the within instrument and ac- knowledged to me that h t4ey executed the same in h+s— a ttretr authorized o mot, capaclty�+ , and that by 44a to the* UNM sup sURAel signaturep)'on the instrument the person j4, NOW Putt-CcerorNa eaANCI: COUNTY or the entity upon behalf of which the IrM cOfrY>yssliOrl Eames AUQLW 21. 1995 person99 acted, executed the instrument. WITNE S my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑_ 1�8SVIDUAL �� COW RATE OFFICER TmEts1 TITLE OR OPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF (5)OR ENn WPEs1 SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION*8236 Remmet Ave.,P.O.Box 7164-Canoga Park.CA 91309-7184 r � J ' � Y The Trustor shall cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First and Second Liens, deeds of trust, or mortgages, requesting a statutory notice of default as set for the in the California Civil Code. TRUSTOR'S SIGNATURE uiLJel CF' TRUSTOR'S SIGNATURE REDEVELOPMENT AGENCY OF APPROVED AS TO FORM: THE CITY HUNT[NG70N BEACH Chairperson Agency Counsel ATTEST: 6•L3-�� �� �:;t V; c �e—y Agency Clerk 9 7.1oandochycyridr/06102I94 J Z AM RA. 4 U STATE OF CALIFORNIA }ss. COUNTY OF CMAMI;E _ } On JUKE 28,1994 , before me, SALPY GIRAOOSSIAN personally appeared PATRICK M. MELVIN AND N LIDE personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he,'shelthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han and official seal. 1 Signature eL :SALPY GIRAGOSSIAN= .� r COMM.#1022263 CO ��i 0Rvu [Q : NOT::Pu jklC•GAL.iMNGECOUrITY '��` wn,.ExPirrs APrfl s.t9se (This area for aff.cial notarial sear, Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1.93) (Gen---" Fus1 Asher can True Ine-�^ '7 i ENDERS ADVANTAGE DATE: July 8, 1999 CITY OF IIUNFINGTON BEACII 11�`I=i V 2 D DEPARTMENT OF ECONO`IIC DEN'ELOPMENT :no sanapr/mt` 2000 MAIN STREET t��� � f ���� Suite 600 IIIUNTINGTON BEACH, CA. 92643 Sinta Ana,Ck 92:0' �:pe� EC 114,W..2730 ATTN: RECONVEYANCE DEPARTMENT/DANIEL BRUENING OUR ORDER NO: 7927836 ENCLOSED ARE THE FOLLOWING DOCUMENTS: I. DEED OF TRUST IN WHICH YOU ARE NAMED AS TRUSTEE, RECORDED JULY 01, 1994 INSTRUMENT NO. 94-0437387 OF OFFICIAL RECORDS. 2. THE NOTE SECURED BY SAID DEED OF TRUST FOR $ NA. 3. REQUEST FOR RECONVEYANCE. 4. CHECK IN THE AMOUNT OF$65.00. PLEASE ISSUE YOUR RECONVEYANCE OF SAID DEED OF TRUST AND RETURN TO US, TOGETHER WITH YOUR STATEMENT OF CHARGES IF ANY. IF CANCELED NOTE AND DEED OF TRUST ARE NOT HELD BY YOU AS TRUSTEE, FORWARD SAID CANCELED DOCUMENTS TO: FIRST AMERICAN TITLE INSURANCE COMPANY LENDERS ADVANTAGE 200 E. SANDPOINTE, SUITE 600 SANTA ANA, CALIFORNIA 92707 r ATTN: JOHN FERNANDO .4 Dr.-rioe of F-vAmerican Title Cornpany • RECORDING REQUESTED BY U First American Title insurance Company Order No. 7927836 Escrow No. Loan No. WHEN RECORDED MAIL TO: PATRICK& NELIDE MELVIN 409 UTICA#39 HUNTINGTON BEACH, CA SPACE ABOVE 7NIS LINE FOR RECQRCER S USE FULL RECONVEYANCE THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, A PUBLIC BODY CORPORATE, TRUSTEE UNDER DEED OF TRUST DATED JUN'E 28, 1994 EXECUTED BY PATRICK AND NELIDE IIIELIm AS TRUSTOR, AND RECORDED ON JULY 1, 19941 AS INSTRUhIENT NO. 94-0437387 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA,HAVING BEEN REQUESTED IN WRITING BY THE HOLDER OF THE OBLIGATION SECURED BY SAID DEED OF TRUST, TO RECONVEY THE ESTATE GRANTED TO TRUTEE UNDER SAID DEED OF TRUST, DOES HEREBY RECONVEY TO THE PRESON OR PERSONS LEGALLY ENTITLED THERETO,WITHOUT WARRANTY, ALL THE ESTATE,TITLE AND INTEREST ACQUIRED BY TRUSTEE UNDER SAID DEED OF TRUST. IN WITNESS WHEREOF, SAID REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACI I, TRUSTEE HAS CAUSED ITS CORPORATE NAME AND SEAL TO BE HERETO AFFIXED BY THE OFFICER THEREUNTO DULY AUTHORIZED. Dated: T�c? THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA }ss COUNTY OF ORANGE } On + ff 2,7 .11 ,F before me, �• ly ��L- a Notary Public in and for said State, personally appeare ►U r GIcwA4 personally known to me(op pwved4&fnevfl4he4hisi9-0 •sa£ to be the persons)whose nameCs)aarasubscribed to the within instrument and acknowledged to me that 4t h eIr executed the same in4,4910l441eif authorized capacity(eg), and that by hiser signature( on the instrument the person()or the entity upon behalf of which the perssnN acted,executed the instrument. WITNESS my hand and official seal. LAM A.14Et90N cenwhoon!I068261 Signa`u Notary hAft—COMMIC Crame coves My Comm E plm M 23.19% rn n w"ftr offar rv4vW wa SUBUDOC IRW,E 41 i RECORDING REQUESTED BY First American Titfe Insurance Company Order No. 7927836 Escrow No. Loan No. WHEN RECORDED MAIL TO: PATRICK& NELIDE MELVIN 409 UTICA#39 HUNTINGTON BEACH, CA SPACE ABOVE THIS UNE FOR RECORDER'S USE FULL RECONVEYANCE THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,A PUBLIC BODY CORPORATE,TRUSTEE UNDER DEED OF TRUST DATED JUNE 28, 1994 EXECUTED BY PATRICK AND NELIDE hiELVDI AS TRUSTOR, AND RECORDED ON JULY 1, 1994 AS INSTRUMENT NO. 94-0437387 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA,HAVING BEEN REQUESTED IN WRITING BY THE HOLDER OF THE OBLIGATION SECURED BY SAID DEED OF TRUST, TO RECONVEY THE ESTATE GRANTED TO TRUTEE UNDER SAID DEED OF TRUST, DOES HEREBY RECONVEY TO THE PRESON OR PERSONS LEGALLY ENTITLED THERETO,WITHOUT WARRANTY, ALL THE ESTATE,TITLE AND INTEREST ACQUIRED BY TRUSTEE UNDER SAID DEED OF TRUST. IN WITNESS WHEREOF, SAID REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, TRUSTEE HAS CAUSED ITS CORPORATE NAME AND SEAL TO BE HERETO AFFIXED BY THE OFFICER THEREUN70 DULY AUTHORIZED. Datad: ��T r��_ I�f`7rY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH r -I / V STATE OF CALIFORNIA )ss COUNTY OF ORANGE } On V 19Vf, before me, L&tt,•-n-A. N S-ten— . a Notary Public in and for said State, personally apfeared _ COAJ41 E 6FLOC ! wWAV _ personally known to me I to be the person(%)whose name(k)jqaFo subscribed to the within instrument and acknowledged to me that l3egtt*y executed the same in ' r theif authorized capacity(*sX and that by ' er their signature(* on the instrument the person*or the entity upon Seffialf of which the person( acted, executed the instrument. WITNESS my hand and official seat. vwRA A.HEL" coffvrhkn Notarya PJAC,1cavanla Signatu -* 0=09 coati w cow Lvirm JJ 23.19" (TIME KW fOr Drool rotw f Naq SUEUDOC(Rev ell REQUEST FOR FULL RECONVEYANCE A reconveyance will be issued only upon presentation of this notice properly signed and accompanied by the reconveyance fee and surrender of the Deed of Trust and the original note or notes secured thereby To THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH You are hereby notified that the undersigned CITY OF HUNTINGTON BCE-the legal owner— of the ONE _promissory note_for the sum of $ 10,000 00 NOT SHOWN W with interest secured by that certain Deed of Trust, dated the------- day of "__"'--- 19--- executed by PATRICK & NELIDE MELVIN to REDEVELOPMENT AGENCY OF HUNTINGTON BRi stee which said Deed of Trust was recorded in the office of the County Recorder of the County of ORANGE , State of California on the 1 day of JUL ' 19 94 , in Book------------ """" , -'' Page et seq of Official Records as Instrument Number 94-0437387 That said note— together with all other sums and indebtedness secured by said Deed of Trust ha been fully paid and satisfied and you are hereby directed and ordered upon presentation to you of said Deed of Trust and the note or notes secured thereby, and on cancellation by you of said note or notes and payment to you of any sums owing to you under the terms of said Deed of Trust to release and reconvey without warranty all the estate in the premises in said Deed of Trust to you by said instrument granted or so much thereof as is now held by you unto the parties designated by the terms of said Deed of Trust at their request and cost as provided in said Deed of Trust Dated this 19 day of SEPTEMBER 1997 THE CI Y OF UNTINGTON BEACH 1317(11/68) ,RAC ^E TLE d LC 'GELES J DEPAR nvir-NT is in ,, RECORDING REQUESTED BY ) �s =3 ' j i � AND WHEN RECORDED RETURN TO ) Crum ai z r, The City of Huntington Beach ) _ 2000 Main Street Huntington Beach California 92648 Attn City Clerk ) - [Space Above This Line For Recorder s Use 1 This document is exempt from recording fees pursuant to Government Code Section 6103 DEED OF TRUST WITH ASSIGNMENTS OF RENTS 1 T IS DEED OF TRUST is made this 28THday of JUK 19 J b among rL Cy— k� 2�V�L ad MjIN whose address [sM* f . (the �1A Trustor ) and THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH a public body corporate and politic (the Trustee ) and THE CITY OF HUNTINGTON BEACH ,o a municipal corporation (the BENEFICIARY ) whose address is 2000 Main Street Huntington Beach California 92648 WITNESSETH That Trustor Irrevocably Grants Transfers and Assigns to Trustee, in Trust with Power of Sale that property in the City of Huntington Beach County of Orange State of California described legally in the Legal Description attached hereto as Exhibit A and incorporated herein TOGETHER WITH (a) all buildings improvements and fixtures now or hereafter placed thereon it being understood and agreed that all classes of property attached or unattached used in connection herewith shall be deemed fixtures (b) rents issues and profits thereof (c) any water rights and/or stock are appurtenant or pertain to said land and (d) all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement for the sale thereof SUBJECT HOWEVER to the right power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents issues and profits and all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement A FOR THE PURPOSE OF SECURING 1 1 Payment of the sum of �4"-%QUe-;aVtA Q`�fAVe7 with interest thereon according to the terms of a Promissory Note of even date herewith made by Trustor payable to the order of the Beneficiary and extensions or renewals thereof 2 Payment of such additional sums with interest thereon as (a) may be hereafter borrowed from the Beneficiary by the then record owner or owners of said 7\c\1oandoc\citytd\6/2/94 1 property when evidenced by another Promissory Note or Notes, or (b) as may be added to the indebtedness secured hereby in accordance with the provision of this Deed of Trust. 3. Performance of each and every obligation, covenant, promise or agreement of Trustor contained herein in the Loan Agreement between Beneficiary and Trustor dated MIE 28 , 1995,4and in that certain Affordable Housing Agreement currently recorded on the property, insofar as the terms and conditions of that agreement may apply to Trustor. 4. Payment, with interest thereon, future indebtedness or obligation of the Trustor for of any successor-in-interest of the Trustor to said property) to the Beneficiary, whether created directly or acquired by assignment, whether absolute or contingent, whether due or not, whether otherwise secured or not, or whether existing at the time of the execution of the Deed of Trust, or arising thereafter. B. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. To keep said property in good condition and repair; to allow Beneficiary or its representatives to enter and inspect the premises at all reasonable times and access thereto, shall be permitted for that purpose; not to remove or demolish any building thereon; not to make alterations thereto without the consent of the Beneficiary; to suffer or'permit no change in the general nature of the occupancy of the premises without Beneficiary's written consent; to complete or restore promptly and in good workmanlike manner any building which may be constructed, damaged or destroyed thereon, including, without restricting the generality of the foregoing, damage from termites and dry-rot; to pay when due all claims for labor performed and materials furnished in connection with such property and not to permit any mechanic's lien against such property; to comply with all laws affecting such property or requiring any alterations or improvements to be made thereon; not to initiate or acquiesce in any zoning reclassification without Beneficiary's written consent; not to commit or permit waste thereon; not to commit, suffer or permit any act upon such property in violation of the law; and to paint, cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from the character or use of said property may be reasonably necessary; to promptly pay all amounts due others upon agreements of lease or conditional sale of all fixtures, furnishings and equipment located thereon. If the loan secured hereby or any part thereof is being obtained or should any additional loan be made hereafter for the purpose of financing rehabilitation improvements on said property, Trustor further agrees, anything in this Deed of Trust to the contrary notwithstanding; (a) to complete the same in accordance with City approved plans and specifications satisfactory to Beneficiary; (b) to allow Beneficiary to inspect such property at all times during rehabilitation; (c) to replace any work or materials unsatisfactory to Beneficiary within fifteen (15) calendar days after written notice from Beneficiary of such fact, which notice may be given to Trustor by registered or certified mail, sent to his last known address, or by personal service of the same; (d) that work shall not cease on the rehabilitation of such improvements for any reason whatsoever for a period of fifteen 0 5) calendar days, whether consecutive or not, without the written permission of the Beneficiary; (e) to pay when due all claims of labor and materials furnished in connection with the said rehabilitation and not to permit any claims of lien for said work or material to be filed of record against the property; (f) not to permit any stop notice claims to be 71cVoandocicitytM612l94 2 presented to Beneficiary. If said property is part of a larger tract upon which improvements will be constructed, Trustor shall make separate contracts and subcontracts for said construction which shall pertain to the said property only and shall keep separate, full and complete records of all work and materials furnished to the said property. Trustee upon presentation to it of an affidavit signed by the Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder, 2. To provide, and maintain in force at all times with respect to said property, fire and other types of insurance as may be required by Beneficiary. All of such insurance shall have a loss payable endorsement in favor of Beneficiary, shall be for a term and in form, content, amount and in such companies as may be satisfactory to Beneficiary, and the policies therefor shall be delivered to and remain in possession of Beneficiary as further security for the faithful performance of these trusts. At least thirty (30) days prior to the expiration of any insurance policy, a policy or policies renewing or extending such expiring insurance shall be delivered to Beneficiary together with written evidence showing payment of the premium therefor and, in the event any such insurance policy and evidence of the payment of the premium therefor are not so delivered by Trustor to Beneficiary, Trustor by executing this Deed of Trust specifically requests Beneficiary to obtain such insurance and Beneficiary, without obligation to do so, without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may obtain such insurance through or from any insurance agency or company acceptable to it, pay the premium thereof, and may add the amount thereof to the indebtedness secured hereby, which amount shall bear a like rate of interest. Beneficiary may furnish to any insurance agency or company, or any other person, any information contained in or extracted from any insurance policy delivered to Beneficiary pursuant hereto and any information concerning the loan secured hereby. Neither Trustee nor Beneficiary shall be responsible fqr such insurance or for the collection of any insurance monies, or for any insolvency of any insurer or insurance underwriter. In case of insurance loss, Beneficiary is hereby authorized either (a) to settle and adjust any claim under the insurance policies provided for in this document without the consent of the Trustor, or (fa) to allow Trustor to agree with the insurance company or companies on the amount to be paid upon the loss. In either case, the Beneficiary is authorized to collect and make receipt of any such insurance money. If Trustor is obligated to restore or replace the damaged or destroyed buildings or improvements under the terms of any lease or leases which are or may be prior to the lien of this Deed of Trust and such damage or destruction does not result in cancellation or termination of such lease, such proceeds, after deducting therefrom any expenses incurred in the collection thereof, shall be used to reimburse the Trustor for the cost of rebuilding or restoring the buildings or improvements on said premises. In all other cases, such insurance proceeds, at the option of the Beneficiary, shall either be applied in reduction of the indebtedness secured hereby whether due or not, or in such order as Beneficiary may determine, or be held by the Beneficiary and used to reimburse the Trustor far the cost of the rebuilding or restoring the buildings or improvements on said premises. Such buildings and improvements shall be so restored or rebuilt as to be of at least equal value and substantially the same character as prior to the damage or destruction, and shall be in a condition satisfactory to Beneficiary. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. Any and all unexpired insurance shall inure to the benefit of, and pass to the purchaser of, the property conveyed at any Trustee sale held hereunder. E 7lcltoandocicitytd1612194 3 3. To pay: (a) at least ten (10) days before delinquency, all general and special City and County taxes, and all assessments on appurtenant water stock, affecting such property, (b) when done, all special assessments for public improvements, without permitting any improvement bond to issue for any special assessment (c) when done, all encumbrances, charges and lines, with interest, on said property, or any part thereof, which are or appears to be prior to superior hereto, (d) if the security of this Deed of Trust is leasehold estate, to make any payment or do any act required of the Lessee or its successor in interest under the terms of the instrument or instruments creating said leasehold, (e) all costs, fees and expenses of this trust, (f) for any statement regarding the obligation secured hereby any amount demanded by Beneficiary not to exceed the maximum allowed by law thereof at the time when such request is made, (g) such other charges for services rendered by Beneficiary and furnished at Trustor's request or that of any successor in interest to Trustor as the Beneficiary may deem reasonable. If, by the laws of the United States of America, or of any state having jurisdiction over the Trustor, any tax is due or becomes due in respect to the issuance of the Note hereby secured, the Trustor covenants and agrees to pay such tax in the manner required by such law. Should Trustor fail to make any such payment, Beneficiary may elect to make such payment, Beneficiary may elect to make such payment and any amount so paid may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest. 4. That, should Trustor fail to make any payment or do any act as provided in this Deed of Trust, the Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may (a) make or do the same 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 said property for such purposes, (b) commence, appear in, or defend any action or proceeding purporting to affect the security hereof or the property covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, (c) pay, purchase, contest or compromise any encumbrance, charge or lien, which in the judgment of either is or appears to be prior or superior hereto, and (d) in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary, and any amount so expended may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest. 5. To appear in and defend any action or proceeding purporting to affect the security hereof or the property which is covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, and whether or not Trustor so appears or defends, to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including any action for the condemnation or partition of said premises, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 7lc11oandocWtytd1612194 4 6. To pay immediately and without demand, all sums expended under the terms of this Deed of Trust by Beneficiary or Trustee, with interest from the date of expenditure at the rate which the principal obligation secured hereby bears at the time such payment is made, and the repayment of such sums shall be secured hereby. 7. That, should the Trustor or any successor in interest to Trustor in such property drill or extract, or enter into a lease for drilling or extraction of oil, gas or other hydrocarbon substances or any mineral of any kind or character, or sell, convey, further encumber, or alienate said property, or any party thereof, or any interest therein, or be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, Beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby irrespective of the maturity date specified in any Note evidencing the same, immediately due and payable, and no waiver of this right shall be effective unless in writing. 8. That any award, settlement or damages for injury or damages to such property, or in construction with the transaction financed by such loan, and any award of damages in connection with any condemnation for public use of or injury to said property, or any part thereof, is hereby assigned and shall be paid to Beneficiary, who may apply or release such monies received by it in such manner and with the same effect as above provided for the disposition of proceeds of fire or other insurance. 9. That, by accepting payment of any sums secured hereby after its due date, or by making any payment, performing any act on behalf of Trustor, that Trustor was obligated hereunder, but failed, to make, or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right either to require prompt payment when due of all sums so secured or to declare a default for failure so to pay. 10. That at any time, or from time to time, without liability of the Beneficiary or Trustee thereof, and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and any Note secured hereby for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, or the lien of the Deed of Trust upon the remainder of said property for the full amount of the indebtedness then or thereafter secured hereby, or the rights or powers of Beneficiary or the Trustee with respect to the remainder of said property, Trustee may: (a) reconvey any part of said property, (b) consent to the making of any map or plat thereof, (c) join in granting any easement thereon, (d) join in any agreement subordinating the lien or charge hereof. 11. That the lien hereof shall remain in full force and effect during any postponement or extension of time of payment of the indebtedness secured hereby, or any part thereof. • 12. That, upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said Note or Notes to Trustee for cancellation and retention, and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive of the truthfulness thereof. The 7%cVoandoc%citytd1612194 5 grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Such request and reconveyance shall operate as re-assignment of the rents, issues, royalties and profits assigned to Beneficiary. Five (5) years after issuance of such full reconveyance, Trustee may destroy said Note and this Deed of Trust (unless directed in such request to retain them). 13. That as additional security, Trustor irrevocably assigns to Agency the rents, issues, and profits of the property affected by this Trust Deed for the purposes and upon the terms and conditions set forth below. This assignment shall not impose upon Agency any duty to produce rents from the property affected by this Trust Deed, or cause Agency to be (a) "mortgages in possession" for any purpose; (b) responsible for performing any of the obligations of the lessor under any lease; or (c) responsible for any waste committed by lessees or any other parties, for any dangerous or defective condition of the property affected by this Trust Deed, or for any negligence in the management, upkeep, or control of such rights to rents, issues and profits is not contingent upon, and may be exercised without possession of, the property affected by this Trust Deed. Agency confers upon Trustor a license ("License") to collect and retain the rents, issues and profits of the property affected by this Trust Deed as they become due and payable, until the occurrence of a default hereunder. Upon such default, the License shall be automatically revoked and Agency may collect and retain the rents, issues and profits without notice and without taking possessions of the property affected by this Trust Deed. This right to collect rents, issues and profits shall not grant to Agency or Trustee the right to possession, except as otherwise provided herein; and neither said right, nor termination of the License, shall impose upon Agency or Trustee the duty to produce rents, issues or profits or maintain all or any part of the property affected by this Trust Deed. If Trustor shall default as aforesaid, Trustor's right to collect any such money shall cease and Beneficiary shall have the right, with or without taking possession of the property affected hereby, to collect all rents, issues, royalties and profits and shall be authorized to, and may, without notice and irrespective of whether declaration of default has been delivered to Trustee and without regard to declaration of default has been delivered to Trustee and without regard to the adequacy of the security for the indebtedness secured hereby, either personally or by attorney or agent without bringing any action or proceeding, or by receiver to be appointed by the Court, enter into possession and hold, occupy, possess and enjoy the said property, make cancel, enforce and modify leases, obtain and eject tenants, and set and modify rents and terms of rents, and to sue, and to take, receive and collect all or any part of the said rents, issues, and profits of the property affected hereby, and after paying such costs of maintenance, operation of said property, and of collection including reasonable attorneys' fees, as in its judgment it may deem proper, to apply the balance upon any indebtedness then secured hereby, the rents, issues, royalties and profits of said property being hereby assigned to Beneficiary for said purposes. The acceptance of such rdnts, issues, royalties and profits shall not constitute a waiver of any other right which Trustee or Beneficiary may enjoy under this Deed of Trust or under the laws of California. Failure of or discontinuance by Beneficiary at any time, or from time to time, to collect any such rents, issues, royalties or profits shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power and authority to collect the same. The receipt and application by said Beneficiary of all such rents, issues, royalties and profits pursuant hereto, after execution and delivery of declaration of default and demand for sale as hereinafter provided, or during the pendency of Trustee's sale proceedings hereunder, 7161oandockityiM/2194 6 shall not cure such breach or default not affect said sale proceedings, or any sale made pursuant thereto, but such rents, issues, royalties and profits, less all costs of operation, maintenance, collection and reasonable attorneys' fees, when received by Beneficiary, shall be applied in reduction of the indebtedness secured hereby, from time to time, in such order as Beneficiary may determine. Nothing contained herein, nor the exercise of the right by Beneficiary to collect, shall be, or be construed to be, an affirmation by Beneficiary of any tenancy, lease or option, nor an assumption of liability under, nor subordination of the lien or charge of this Deed of Trust to, any such tenancy, lease or option. 14. That if the security of this Deed of Trust is a leasehold estate, the Trustor agrees that: (a) the term "Lease" as used herein shall mean the lease creating the "leasehold estate"; (b) Trustor shall not amend, change or modify his leasehold interest, or the Lease, or agree to do so, without the written consent of the Beneficiary; (c) Trustor will promptly advise Beneficiary regarding any notice, request or demand received by him from the lessor under the Lease and promptly furnish Beneficiary with a copy of any such notice, request or demand; (d) as long as any of the indebtedness secured hereby shall remain unpaid, unless the Beneficiary shall otherwise consent thereto in writing, the leasehold estate shall not merge with the fee title but shall always be kept separate and distinct, notwithstanding the union of said estates in any party; (e) Trustor agrees that it will promptly, strictly, and faithfully perform, fulfill, and comply with all covenants, agreements, terms, conditions and provisions under any lease affecting the premises and to neither do anything, nor to permit anything to be done which may cause modification or termination of any such lease or of the obligations of any lessee or person claiming through such lease or the rents provided for therein or the interest of the lessor or the Beneficiary therein or thereunder. Trustor further agrees he will not execute a Deed of Trust or' mortgage which may be or become superior to any leasehold estate that is security for this Deed of Trust. In the event of a violation of any of the covenants set forth in this paragraph, Beneficiary shall have the right, at its option, to declare all sums secured hereby immediately due and payable. Consent to or waiver of one of said violations shall not be deemed to be a consent to or waiver or any other violation. It the security for this Deed of Trust is a leasehold estate, the term "property" as used in this Deed of Trust shall be deemed to mean the leasehold estate whenever the context so requires for the protection of the Beneficiary. 15. That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement, and the Promissory Note, if applicable, hereunder, and upon default by Trustor under the terms of any encumbrance, charge or lien which is or appears to be prior or superior hereto, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary shall also deposit with Trustee this Deed of Trust and any Notes and all documents evidencing expenditures, secured hereby. After the lapse of such time as then may be required by law following recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in such notice of sale, whether as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for case in lawful money of the United States, payable at time of sale. Trustee may postpone sale of 71c11oandoc%citrd1612l94 7 all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its Deed conveying the property so sold, but without any covenant or warranty, express or implied. The recital in such Deed of any matters of fact shall be conclusive of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. Trustee may also sell at any such sale and as part thereof any shares of corporate stock securing the obligations secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand and notice of such sale). After deducting all costs, fees and expenses of Trustee, and of this Trust, including cost of evidence of title in connection with this sale, Trustee shall apply the proceeds of sale to payment, first; all sums expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the Note or Notes secured hereby, and then of all other sums secured hereby, and, if there are any proceeds remaining, shall distribute them to the person or persons legally entitled thereto. 16. To waive, to the fullest extent permissible by law, the right to plead any statute of limitations as a defense to any demand secured hereby. 17. That Beneficiary may, from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded in the office of the recorder of the county or counties where such property is situated, shall be conclusive proof of property substitution of such successor Trustee or Trustees, who shall, without conveyances from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties, including but not limited to the power to reconvey the whole or any part of the property covered by this Deed of Trust. Such instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded. If notice of default shall have been recorded, this power of substitution cannot be exercised until after the costs, fees and expenses of the then acting Trustee shall have been paid to such Trustee, who shall endorse receipt thereof upon such instrument. The procedures herein provided for substitution of Trustee shall not be exclusive of other provisions for substitution provided by law. 18. That this Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the owner and holder, including pledgee, of the Note secured hereby, whether or not names as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 19. That in the event the property secured by this Deed of Trust is income producing property consisting of four units or more, Trustor agrees to file with Beneficiary, at Beneficiary's request, monthly, on or before the 15th day of each month, a written operational report. Such operational report shall contain a brief but complete statement of the month's income and expenses of such property, a list of all vacancies, and a statement of any material change in the property or business carried on therein for such period. 7161oandocicitytd1612194 8 20. That in the event of a demand for, and the preparation and delivery of a written statement regarding the obligations secured by this Deed of Trust pursuant to Sections 2943 and 2954 of the Civil Code of California, Beneficiary shall be entitled to make a reasonable change, not exceeding the maximum amount which is permitted by law at the time the statement is furnished. Beneficiary may also charge Trustor a reasonable fee for any other services rendered to Trustor or rendered in Trustor's behalf in connection with said property of this Deed of Trust, including changing Beneficiary's records pertaining to this Deed of Trust and the loan secured hereby in connection with the transfer of said property, or releasing an existing policy of fire insurance or other casualty insurance held by Beneficiary and replacing the same with another such policy. 21. That Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. 22. That should this Deed of Trust or any Note secured hereby provide any fee for prepayment of any indebtedness secured hereby, Trustor agrees to pay said fee, if any, of said indebtedness shall be paid prior to the due date thereof stated in said Note or this Deed of Trust even if notwithstanding Trustor shall have defaulted in payment thereof, or in performance of any agreement hereunder, and Beneficiary, by reason thereof, shall have declared all sums secured hereby immediately due and payable. 23. That Trustor has made certain representations and disclosures in order to induce Beneficiary to make the loan evidenced by the Promissory Note or Notes which this Deed of Trust secures, and in the event that Trustor has made any material misrepresentation or failed to disclose any material fact, Beneficiary at its option and without notice, shall have the right to declare the indebtedness secured hereby, irrespective of the maturity date specified in such Note or Notes, immediately due and payable, and on failure to so pay Beneficiary may make a written declaration of default and demand for safe as in paragraph No. 15 herein set forth. Trustee, upon presentation to it of an affidavit signed by Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder. Any notice which any party hereto may desire or be required to give to the other party shall be in writing. The mailing thereof must be certified mail addressed to the Trustor at his address hereinabove set forth or to the Beneficiary at his office or at such other place as such parties hereto may designate in writing. 7lclloandoc dird1612194 g PARCEL 1: U IT NA. 43, CLIISIS71M OF a=UX AIRSPACE ATID SURFACE ELII+"..S M, AS S-Ml AND DBSCRIBD IN TIC C ZtMCMINMI PI.Ari ("PLAN") FCR MISAS DEL MAR IDC= ai Lar 1 OF TRACT 14757, AS SI-U-V W A SUBDA ISICN MAP REMRDM CN S':PMMM 1, 1993, IN BOOK 701, PACES 42 MP= 43, IN(3IISIVE OF NQSCELLArE73CLS YVAPS, IN = OFFICE OF THE ORANGE C7J[lfrf RECORDER ("OFFICIAL RECORDS") ,, MUCH PIR4 WAS RF)OORDED ON SEPTEV= 15, 1993, AS I1WMELT NO. 93-0621742, OF OFFIC'TAT, RECORDS, CALaIFLRNIA. PARCEL 2: AN L11DIVIDED CYE F=-Fa= (1/4 4) FEE SIMPLE INIE= AS A TF.`IANT III =14V IN AND TO HWULE B 94aV W ME PLAN AND DEFIIED IN THE DECSARATICtl REFERRED TO BELCW AS 71M "0011TIMT ARM". E YCEPT TMZEFRCM ALL OIL, CAS, NLLNERAIS AND 0= HYDROCAREW SUBSI24NCES LYnU BF3: 4 A DE yrA OF 500 F'E- WrrX. W ANY RICE 1U ENIER UPON THE SURFACE OR THE SUBSURFACE OF SAID LAID AWVE A DEPTH OF 500 FEET, AS PFO= IN IlSSIRC-ll0,TI'S OF RECORD. PARCEL 3: IVaMCLUSIVE FASJ-ea= FUR ACCEtiS.S, INGRESS, EGRESS, USE, E9JOYMEENT, DRAIl,Fr M, FiV'CIMMIa3N T, SUPPORT, MnnUMNCE, REPAIRS RAID FM MIER FURPOSM, ALL AS MAY BE SHO V IN THE PLAN, AND AS ARE DFSCOR_ M IN THE DECLARATIC N. PARCEL 4: EXCLISIVE FAS TS APPURTEW= TU PARCELS NO. I AND NO. 2 DESCRIBED _ AWM FOR USE FUR PARKDU PURPOSES =CRIEED AS EXC3X75IVE USE AREAS IN THE DE=MATICN, OVER PORTICIZS OF LOT 1 OF TRACT 14757 SIXZ1 AND ASSIGZED IN 11E PLAN. PARCEL 5: AN EXCLUSIVE EAS00C APPURTFI�r"Vr TO PARCELS VD. 1 AND N0. 2 DES(3Z=n ABOVE, FOR USE FOR PATIO, BALC=, AND FIRE ESCAPE STAIRCASE PURPOSES DFSCR= AS EXCLUSIVE USE AREAS IN TIE DEMARATION, AS APPLIC kE E, OVER POMONS OF LOT L OF TRACT 14757 AS SHCM, ASSIGEI) Arm DSSC IBED IN TE PLAN. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT %0.5907 State of County of On 3 • g5� before me, w , PATE N •t. ITZ-4 � FICER-E.G.JAKE DOE,NOTARY PUBLIC personally appeared , ' NAME(%OFS*KER(S) G-p-ersonaily known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persongwhose name,(.s IQafe-- subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in #is�titeir authorized os F"-�" SEAL ca aci t LNDA SUE SUU CI P y(-i csT, and that by hrsf e r t I e Notary Puboc-caerom,Ia signatur�on the instrument the persortK, ORANGE COUMY My Commtsftn Eltptres or the entity upon behalf of which the AUQW 21' ��' person( acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ I IDUAL CORPORATE FFICER TITLE OR PE OF DOCUMENT TITL�ts) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: N16M;�PERSON(S)ORENM ES) �/ SIGNER(S)OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 913D9-71 ed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nc 5907 State of County of _ On • 9 before me, - , DATE AME,TITLE OF OFFICER-E.G.,BANE DOE.NOTARY PUBLIC personalty appeared , ,_., NAME(S)OF SIGNS {S) L�'personally known to me - OR • ❑ proved to me on the basis of satisfactory evidence to be the person'whose nameXisAafe-- subscribed to the within instrument and ac- knowledged to me that he/she/they execrated the same in hW(O�theft authorized capacity(-ic and #hat by -h-Is er #+e_ --• LIMA SUE SUIz�►ca signature,(s) on the instrument the person(r :• MAKEE PUWC ° or the entity upon behalf of which the my o mrnhd I'E'er@., personK acted, executed the instrument. Auptat 21. 1995 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOC MENT B 1VIDUAL CORPORATE QFFICER TITLE R TYPE OF DOCUMENT s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME QF PFRSON(S)OR p ) I SIGNER(S)OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 913M7184 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. TRUSTEE: TRUSTOR: REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH By: ue'GWte- s/es B y: BENEFICIARY; THE CITY HUNTINGTON BEACH Title: Mayor APPROVED AS TO FORM: ATTEST: City Attorney/Agency Counse �`�( City Clerk/Agency Cler 13-4Y � .N" v 7%cXJo a ndo6citrd%6I2I94 10 V C Sili R J STATE OF CALIFORNIA }ss. COUNTY OF C%1ANcF _ ) On JUNE 28►1994 , before me, SALPY GIRAGOSSIAN , personally appeared PATRICK M. MELVIN ;00 NELIDE ITO , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfherltheir authorized capacity(ies), and that by hisfherltheir signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h4,ban, offici I seal. Signature SALPY GIRAGOSSIAN= '�- COMM.# t o22263 a3 ORANGE WNW Icy Comm.EK;eras Apni 3.19% (Ns area kr Ocial notarial seat] Title of Document Date of Document No. of Pages Other signatures not acknowledged 3WS j 9s)(Genera') Fusi American Tiire Insurance Com;any RIDER TO CITY OF HUNTINGTON BEACH DEED OF TRUST AFFORDABLE HOUSING PROGRAM This rider to the City of Huntington Beach Deed of Trust which was executed by C. 6%stor for the property located at`M thia..t(2-51 is subject to the terms and conditions of that certain Loan Agreement entered into by and between Beneficiary and Trustor dated , IS-, to which this rider is attached as Exhibit "C" and incorporated by reference (the "Loan Agreement"), pursuant to which Beneficiary has agreed to loan Trustor the sum of T:9A -Mm7a A Dollars ($ t) COO ) (the "Loan Amount") with simple interest to accrue at five percent (5%) yearly. All terms in this Rider to City of Huntington Beach Deed of Trust, if not separately defined herein, shall have the meanings as defined in the Loan Agreement. 1. Acceleration/Due on Sale. A. Except as provided herein, the Loan and all interest accrued thereon shall be due and payable upon (i) such sale, transfer, or other disposition of the Property, including, without limitation, lease, exchange or tent of any part of the Property, (ii) the refinancing of the First Mortgage for a loan amount in excess of the then current loan balance or for any amortization period longer than the loan secured by the First Mortgage, or (iv) Trustor being in material default of any other obligation contained in this Agreement or any provision of the Affordable Housing Agreement or Covenant, as defined herein, recorded on the property, or i (v) Trustor violates any condition of the deed of trust or promissory note, or (vi) the death of Trustor (unless the Trustor's household, occupying the property, contains more than one qualified participant in the affordable housing program pursuant to which this Loan is being made, and at least one qualified participant survives). At the request of Trustor, the City may, in its sole discretion, extend the term of the Loan. i 7Aoandocicityridr/06/02194 B. Exception to repayment provision. Accrued interest shall be due and payable upon sale of the Property only if, at the time of sale, the sales price of the Property is equal to or greater than the amount of the original purchase price plus five percent (5%) of that amount per year for every full year of ownership, starting at the close of escrow described in paragraph one (1) herein, and any pro rata share applicable to any portion of a remaining year. 2. Occupancy Standards. The Property shall be used as the personal residence of Trustor and Trustor's immediate family and for no other purpose. Trustor shall not enter into an agreement for the rental or lease of the Property. 3. Protection of Beneficiary's Rights in the Prooert A. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, prdbate, for condemnation or forfeiture or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorney's fees and entering on the Property to make repairs. Although Beneficiary may take action under this Section, Beneficiary does not have to do so. B. Any amount disbursed by Beneficiary under this section, shall become additional debt of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the highest rate permitted by law and shall be payable, with interest, upon notice from Beneficiary to Trustor requesting payment. 4. Subordination. The Beneficiary has found and declared that an economically feasible method of financing, refinancing or assisting first time homebuyers pursuant to the 2 711oandocicityridrl06102194 Program on substantially comparable terms and conditions without subordination is not reasonably available. Any first lien on the Property ("First Lien") held by an institutional lender or investor (the "Lender") or second lien held by the Redevelopment Agency of the City of Huntington Beach, as may be evidenced by a Deed of Trust recorded an the Property, shall be prior and superior to the Declaration and this Deed of Trust. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Trustor's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns {other than the Trustor or a related entity of the Trustor), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. 5. Obligation to Refrain from Discrimination. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the Beneficiary itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the City or any portion thereof. Trustor agrees it shall instruct the escrow holder for the acquisition of the Property by the Trustor that the order of recording in the escrow for the purchase of the Property by the Trustor shall occur as follows: 1) the First Lien; 2) the Declaration of Covenants, Conditions & Restrictions for Affordable Housing; 3) the Redevelopment Agency Deed of Trust; and 4) the City Trust Deed. 3 7Aoan4ocicityridr106102194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.SWT r ' State of County of 40 On .- before me, -�-- , DATE tANIE.TrrL.E OF OFFICER-E.G..-JANE DOE.NOTARY PUFUC personally appeared , � IUVAE(S)c]F SIGNER(s) D'_PersonalIy known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(?fwhose name subscribed to the within instrument and ac- knowledged to me that helshe/they executed the same in 4W+ Othe+r authorized capacity(k,�, and that by 4++9 e signature4eyon the instrument the person(&}- O':20AL SFAL or the entity upon behalf of which the i.��.-. U_ ,UTZACI ersonX acted executed the instrument. �% 1 vC'.IANGE COUNTY Wy Commluton Expiros August 21. 1 WS WITNESS my hand and official seat. SIGMTOIE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying cn the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 IN'O'VIDUAL cORPO TE OFFICER TITLE O TYPE OF DOCUMENT T6U(S) ❑ PARTNER(S) ❑ LIMITED n ❑ GENERAL p� ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER 1S REPRESENTING: NAME PERSON(5)OR ENTITY(IS) SIGNER(S)OTHER THAN NAMED ABOVE 01293 NATIONAL NOTARY ASSOCIATION-8M Remmet Ave..P.O_SOK 7184-Canoga Park CA 91309-7184 The Trustor shall cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First Lien deed of trust or mortgage requesting a statutory notice of default as set for the in the California Civil Code. —.Pno �k 0--j TRUSTOR'S SIGNATURE el •r ,f[e Gcsie- e . TRUSTOR'S SIGNATURE CITY OF HUNTINGTON BEACH a municipal corporation Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney .� 4 711o.naocicityriarro6102/94 Z AME I ,�S � F STATE OF CALIFORNIA )ss. COUNTY OF _ ORAN= } On JUNE 28,I994 , before me, SALPY GIRAMSSIAN personally appeared PATRICK M. MELVIN AND NELIDE ITO , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heishe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h d and off' ' seal. A Signature SALPY GIRAGOSSIANz cc CoMM.# 1022263 Cn -s E = NOTARY ALSLlC•CALWCr-NIA My Corrxa.E:pi vs Aprd 3.IM (This area for omcw notarial Seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1.<34) (General) First American Title Insurance Company ��� ��' 1 �� � � �� �� J� City of Huntington Beach P.O.Box 190-2000 Main Street I®REI Huntington Beach,California 92638 HUNTINGTON BEACH From the desk of. Laura A.Nelson Deputy City Clerk Telephone: (714)374-1559 Fax: (714)374-1557 Ada c�J 4-' G4'��- mdvevl 3,0 o � �� -SZS 3 33 y \ '•a, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK July 16, 1998 First American Title Insurance Company Lenders Advantage 200 E. Sandpointe, Suite 600 Santa Ana, CA 92707 Attn: John Fernando Dear Mr. Fernando: Your Order Number 7927836 requesting recordation of full reconveyance of instruments numbers 94-0437386 and 94-04373387 are being returned to your so you will record the necessary documents to have this removed as a lien against the property referred to in your order. The two checks in the amount of 665.00 are being returned to you. The City can not accept these monies for reconveyances. Sincerely, Connie Brockway Redevelopment Agency Clerk DEBle GVetter.dx 'b0txhx PA W Ass' rS1;aeAc -C Mlephons:714-536-52271 REQUEST FOR FULL RECONVEYANCE A reconveyance will be issued only upon presentation of this notice properly signed and accompanied by the reconveyance fee and surrender of the Deed of Trust and the original note or notes secured thereby To THE CITY OF HUNTINGTON BEACH You are hereby notified that the undersigned THE REDEVELOPMENT AGENCtXe legal owner— of the ONE _promissory note_for the sum of $ 35,000 00 NUI SHOWN with interest secured by that certain Deed of Trust dated the day of 19 executed by PATRICK & NELIDE MELVIN to THE CITY OF HUNTINGTON BEACH Trustee which said Deed of Trust was recorded in the office of the County Recorder of the County of ORANGE State of California on the 1 day of JULY 19 94 in Book -------- Page ------- et seq of Official Records as Instrument Number 94-0437386 That said note— together with all other sums and indebtedness secured by said Deed of Trust ha beenfully paid and satisfied and you are hereby directed and ordered upon presentation to you of said Deed of Trust and the note or notes secured thereby and on cancellation by you of said note or notes and payment to you of any sums owing to you under the terms of said Deed of Trust to release and reconvey without warranty all the estate in the premises in said Deed of Trust to you by said instrument granted or so much thereof as is now held by you unto the parties designated by the terms of said Deed of Trust at their request and cost as provided in said Deed of Trust Dated this 19 _day of SEPTEMBER 19 97 67 Aeegee��riienagecy of the city of HUNTINGTON BEACH 1317 (11/68) RIDER TO REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DEED OF TRUST AFFORDABLE HOUSING PROGRAM This rider to the Redevelopment Agency of the City of Huntington Beach Deed of Trust which was executed bPyTRICK M. I`IELVII� (Trustor for the property located at NE �-�- ��� ) is subject to the terms and conditions of that certain Loan Agreement entered into by and between Beneficiary and Trustor dated JUNE 2E , 19 94 , to which this rider is attached as Exhibit "C" and incorporated by reference (the "Loan Agreement"), pursuant to which Beneficiary has agreed to loan Trustor the sum of Dollars (s, QCO (the "Loan Amount") with simple interest to accrue at five percent (5%) yearly. All terms in this Rider to Redevelopment Agency of the City of Huntington Beach Deed of Trust, if not separately defined herein, shall have the meanings as defined in the Loan Agreement. 1. Acceleration/Due on Sale. A. Except as provided herein, the Loan and all interest accrued thereon shall be due and payable upon (i) sale or transfer to a Buyer not qualified to participate in the Agency's Affordable Housing Loan Program or not approved by the Agency ("Qualified Buyer"), or other disposition of the Property, including, without limitation, lease, exchange or rent of any part of the Property, (ii) the refinancing of the First Mortgage for a loan amount in excess of the then current loan balance or for any amortization period longer than the Loan secured by the First Mortgage, or (iv) Trustor being in material default of any other obligation contained in this Agreement or any provision of the Affordable Housing Agreement or Covenant, as defined herein, recorded on the Property, or (v) Trustor violates any condition of the Deed of Trust or Promissory Note, or (vi) the death of Trustor (unless the Trustor's household, occupying the Property, contains more than one qualified participant in the affordable housing program pursuant to which this Loan is being made, and at least one qualified participant survives). At the request of Trustor, the Agency may, in its sole discretion, extend the term of the Loan. 1 ' 711oandoclagcyridfl06102194 B. Exception to Repayment Provision.Accrued interest shall be due and payable upon sate of the Property to a Qualified Buyer who assumes the Agency Loan only if, at the time of sale, the sales price of the Property is equal to or greater than the amount of the original purchase price plus five percent (5%) of that amount per year for every full year of ownership, starting at the close of escrow described in paragraph one (1) herein, and any pro rats share applicable to any portion of a remaining year. 2. Occupancy Standards. The Property shall be used as the personal residence of Trustor and Trustor's immediate family and for no other purpose. Trustor shall not enter into an agreement for the rental or lease of the Property. 3. Protection of Beneficiary's Rights in the Pro pert . A. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attomey's fees and entering on the Property to make repairs. Although Beneficiary may take action under this Section, Beneficiary does not have to do so. B. Any amount disbursed by Beneficiary under this section, shall become additional debt of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the highest rate permitted by law and shall be payable, with interest, upon notice from Beneficiary to Trustor requesting payment. 4. Eauity Share. In the event that the Agency Loan becomes due and payable prior to the thirtieth anniversary of the date of the Loan Agreement, Trustor shall pay to Beneficiary 2 7/10andoc/a gcyridr10 610 2 1 9 4 concurrent with the principal and accrued interest, an amount equal to the "Equity Share Amount." The Equity Share Amount shall be determined by applying a percentage factor (the "Applicable Factor") to the difference between the Sales Price and the Purchase Price (defined below) as follows: 1. Prior to fifth anniversary fifty percent (50%) of the Agency Deed of Trust: 2. After fifth anniversary but forty-eight percent (48%) prior to sixth anniversary: 3. After sixth anniversary but forty-six percent (46%) prior to seventh anniversary: 4. After seventh anniversary but forty-four percent (44%) prior to eighth anniversary: 5. After eighth anniversary but forty-two percent (42%) prior to ninth anniversary: 6. After ninth anniversary but forty percent (40%) prior to tenth anniversary: 7. After tenth anniversary but thirty-eight percent (38%) prior to eleventh anniversary: B. After eleventh anniversary but thirty-six percent (36%) prior to twelfth anniversary: 9. After twelfth anniversary but thirty-four percent (34%) prior to thirteenth anniversary: 10. After thirteenth anniversary but thirty-two percent (32%) prior to fourteenth anniversary: 11. After fourteenth anniversary but thirty percent (30%) prior to fifteenth anniversary: 12. After fifteenth anniversary but twenty-eight percent (28%) prior to sixteenth anniversary: 3 Ma ndoclagcyridr106102194 13. After sixteenth anniversary but twenty-six percent 126%) prior to seventeenth anniversary: 14. After seventeenth anniversary but twenty-four percent (24%) prior to eighteenth anniversary: 15. After eighteenth anniversary but twenty-two percent (22%) prior to nineteenth anniversary: 16. After nineteenth anniversary but twenty percent (20%) prior to twentieth anniversary: 17. After twentieth anniversary but eighteen percent (18%) prior to twenty-first anniversary: 18. After twenty-first anniversary but sixteen percent (16%) prior to twenty-second anniversary: 19. After twenty-second anniversary but fourteen percent (14%) prior to twenty-third anniversary: 20. After twenty-third anniversary but twelve percent 02%) prior to twenty-fourth anniversary: 21. After twenty-fourth anniversary but ten percent (10%) prior to twenty-fifth anniversary: 22. After twenty-fifth anniversary but eight percent (8%) prior to twenty-sixth anniversary: 23. After twenty-sixth anniversary but six percent (6%) prior to twenty-seventh anniversary: 24. After twenty-seventh anniversary but four percent (4%) prior to twenty-eighth anniversary: 25. After twenty-eighth anniversary but two percent (2%) prior to twenty-ninth anniversary: 26. After twenty-ninth anniversary but one percent (1 %) prior to thirtieth anniversary: i 27. After thirtieth anniversary: zero percent (0%) 4 7Aoa ndoclagcy6dr/OM2:94 CALIFORNIA ALL-PURPOSEYCKNOWLEDGM ENT �'� NO 5907 State of County of On -3 7�-if before me, yx- �_ .c �` OATS •TTTLE OF FFICE R•E.G..'JANE DOE.NO'ARY PUBLIC' personally appearedc� _ -T+ ,_,,�� r KW-E(S)CF SIGNERS) personally known to me - OR - L,`'"proved to me on the basis of satisfactory evidence to be the person(X whose name O.a-re-- subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hiz(�th-uir authorized OFFICIAL SEAL capacity(le-s), and that by b+s/or/the r LINDA SUE SUMCI signature on the instrument the personv, N o MCE COOUNN r�° or the entity upon behalf of which the W ComrNulon En*o: person(, acted, executed the instrument. ALQXt 21, IM J WITNESS my hand and official seal. SIGNATURE OF N&MAY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ElIND DUAL 1426e��;; ^- ORPORATE OFFICER / TITLE OR TY E OF DOCUMENT nTLE(SI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 9 ❑ ATTORNEY•IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: N WE 0 ERSON(S)OR ENTIT-IMS1 — ` — SIGNER(S)OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 The "Purchase Price" is the original purchase price paid by the Participant to the Seller for Seller's interest in the Property, exclusive of escrow fees, title insurance costs, broker's commission, loan fees or any other closing or transaction costs. The "Sales Price" is the price to be paid by the buyer of the Property (the "Buyer") to Participant for Participant's interest in the Property, exclusive of escrow fees, title insurance costs, broker's commissions, loan fees or any other closing or transaction costs. In the event of sale of the Property and at the election of the Agency, the Agency may appoint a certified, independent appraiser to conduct any appraisal of the Property, at Participant's expense to assist the Agency in determining if the Sales Price is at or near the fair market value of the Property at such time. If the Sales Price is determined by the appraisal to be three percent (3%) or more below the fair market value of the Property as estimated in said appraisal, then the "Sales Price" for purposes of determining the Equity Share Amount shall be the fair market value of the Property established in said appraisal. PARTICIPANT ACKNOWLEDGES AND AGREES THAT IN THE EVENT THAT THE LOAN WHICH THE DEED OF TRUST SECURES BECOMES DUE AND PAYABLE PRIOR TO THE 30TH ANNIVERSARY OF THE LOAN AGREEMENT, PARTICIPANT SHALL PAY TO AGENCY AN EQUITY SHARE AMOUNT EQUAL TO A PERCENTAGE SHARE OF THE APPRECIATION OF THE PROPERTY AS CALCULATED PURSUANT TO THIS SECTION. THE AGENCY ACKNOWLEDGES AND AGREES THAT PARTICIPANT SHALL ONLY PAY THE EQUITY SHARE AMOUNT TO THE AGENCY IF, AND ONLY IF, PARTICIPANT FAILS TO ABIDE BY COVENANTS OR OTHERWISE FAILS TO COMPLY WITH THE PROVISIONS OF THIS AGREEMENT 08 PARTICIPANT SELLS THE PROPERTY TO A BUYER NOT QUALIFIED BY THE AGENCY IN ACCORDANCE WITH PARAGRAPH "C" BELOW. PARTICIPANTITRUSTOR AGENCY 5 Mandods9cyridrl06102194 I The value of all capital improvements to the Property made while Participant owned and occupied the Property shall be deducted from the Sales Price when calculating the Equity Share Amount, if Participant complies with the following: The costs incurred by the Participant for capital improvements shall be deducted from the Sales Price only if Participant submits the following to the Agency: ill an itemized list of the improvements, (ii) reliable proof of completion of the improvements (as evidenced e.g., by final building permits or certificate of completion), and (iii) reliable evidence of the cost of the improvements and that Participant paid those costs (as evidenced e.g., by an itemized invoice or receipt). Notwithstanding the foregoing, Participant's obligation to pay the Equity Share Amount is subject to a superior right of Participant, upon termination of the Agency loan, to receive repayment of money paid by the Participant without Agency assistance for purchase of the Property (including down payment, installment payments of mortgage principal pursuant to the First lien, escrow fees, transfer taxes, recording fees, brokerage commissions, and similar costs actually paid by the Participant) and money paid by the Participant for capital improvements to the Property. 5. New Loan to Qualified Buyer. Notwithstanding the provisions herein above, if the Property is sold by the Trustor to a Buyer of low or moderate income, as defined by Section 50093 of the California Health and Safety Code, or any provision of law which may be enacted in the future, replacing Section 50093 or the law which defines "low or moderate" income for the purposes of affordable housing, and approved by Agency, ("Eligible Person or Family") and the Sales Price does not exceed an "affordable housing cost," as defined by Section 50052.5 of the California Health and Safety Code, to such Buyer, and the Buyer assumes the Trustor's loan, then no Equity Share Amount is due to the Beneficiary upon such sale. In order to verify the Buyer's status as an Eligible Person or Family, Trustor shall submit to the Beneficiary, together with the notice of 6 711osndoc1sgcyridr106l02J94 proposed sale pursuant to the Loan Agreement, the identity of the proposed Buyer and adequate information evidencing the income of the proposed Buyer. Said income information shall include original or true copies of pay stubs, income tax records or other financial documents in order that the Beneficiary may determine and verify the household income of the proposed Buyer to determine Eligible Person or Family status and whether the Property is available to such Buyer at affordable housing cost. if the Beneficiary is unable to verify the Buyer's income as provided herein, then the Buyer's income shall be deemed to exceed the maximum allowable income limit for Eligible Persons and Families and the Equity Share Amount shall be due and payable concurrent with the repayment of the Note Amount plus interest. In the event that sale or transfer is made to an Eligible Person or Family, interest which has accrued at the time of the sale (upon close of escrow) shall be due and payable, unless the Property has appreciated in value in an amount which would be equal to or less than the value of the Property if the appreciation rate had been five per cent (5%) per year over the original price paid by the Trustor. If the price of the Property upon sale to an Eligible Buyer reflects less than 5% appreciation per year over the price paid by the Trustor at the time of original purchase, then no interest will be due upon such sale. Interest will begin to accrue at the simple rate of five percent per annum as to the new owner, on the date upon which escrow closes and will accrue on the then unpaid principal amount. 6. Subordination. The Beneficiary has found and declared that an economically feasible method of financing, refinancing or assisting first time homebuyers pursuant to the Program on substantially comparable terms and conditions without subordination is not reasonably available. # Any first lien on the Property ("First Lien") held by an institutional lender or investor (the "Lender") shall be prior and superior to the Declaration and this Deed of Trust. Thus, in the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the 7 Mandocfa gcyridr/0$102194 Trustor's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Trustor or a related entity of the Trustor), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. 7. Obligation to Refrain from Discrimination. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the Beneficiary itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the City or any portion thereof. Trustor agrees it shall instruct the escrow holder for the acquisition of the Property by the Trustor that the order of recording in the escrow for the purchase of the Property by the Trustor shall occur as follows: 1) the First Lien; 2) the Declaration of Covenants, Conditions & Restrictions for Affordable Housing; and 3) the Agency Deed of Trust. 8 711oandocla gcy6dr/06l02l94 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of County of �1��—�� On before me, DATE hAME.TITLE OF OFFICER•E.G.,',IANE DOE,NOTARY PI E= personally appeared NAME IS)OF SIG ER(s) 91"ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose names afe- subscribed to the within instrument and ac- knowledged to me that f he they executed the same in hts a lthis4r authorized =L SEAt. capacityoe-s), and that by 44,& e-r/the4f- INDA SUE SUIZACI signature�sj'on the instrument the perSonj4, Now Public-Confornia COANGE COUNTY or the entity upon behalf of which the My Corrvrisrion En*es w+,2W 21. 1995 persons-Y acted, executed the instrument. WITN� S my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT L�_rc RPORATE OFFICER TITLE OR 0PE OF DOCUMENT TlnEts) PARTNER(S) ❑ LIMITED /n� — ❑ GENERAL `r ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) CI GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAA'E OF P RSONtSI OR ENTITY(IES) 1 4 SIGNER(S)OTHER THAN NAMED ABOVE .22 C1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 913D9.7184 The Trustor shall cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First and Second Liens, deeds of trust or mortgages requesting a statutory notice of default as set for the in the California Civil Code l TRUSTOR S SIGNATURE r(/&ylv `I— TRUSTOR S SIGNATURE REDEVELOPMENT AGENCY OF APPROVED AS TO FORM THE CITYOF HUNTINGTON BEACH Chairperson Agency Counsel ATTEST 6 L3.yyc � Agency Clerk 9 7/loa ndoc/agcynd r/06/02/94 C R J STATE OF CALIFORNIA }ss. COUNTY OF on JUNE 2$+1994 , before me, SALPY GIRAGOSSIAN , personally appeared PATRICKM. MELVIN AND_NELIDE ITO _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han and official seat. Signature U SALPY GIRAGOSSIAN= COk%j.#1022263 CO (o c NOTARY PUBLIC.CALFOW41A �] COUNTY }"�� luy Comm.Elpfff Aprill.7�B (This area for official rimanal seaq Title of Document Date of Document No. of Pages Ot,ier signatures not acknowledged 3008(t 9a)IGenera') Fusl American Tare Insurvirce compar•y .. . •'1 ��?,s.rt7.cNT ' RECORDING REQUESTED BY ) AND WHEN RECORDED RETURN TO: ) 01 W 31.11--117c.-"- p3:fit? ) Fecor-cv FF: in. tcr�5 The City of Huntington Beach ) .} 2000 Main Street Huntington Beach, California 92648 ? :=.- j ;;f iU r.,-:s ; Attn: City Clerk ) Tri;;: $ �r 1Space Above This line for Aeco►oer's Use.1 This document is exempt from recording fees pursuant to o, Government Code Section fig 03. o DEED OF TRUST WITH ASSIGNMENTS OF RENTS 1 THIS DEED,'}F+ TRUST is made this 28THday of JiJKE , 19 A b a d among f�LrL 4( ¢i►de. Y�4Vt4 whose address is .�r , (the ]11 "Trustor") and THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic (the "Trustee") and THE CITY OF HUNTINGTON BEACH, a municipal corporation (the "BENEFICIARY"), whose address is 2000 Main Street, Huntington Beach, California 92648. WITNESSETH: That Trustor Irrevocably Grants, Transfers and Assigns, to Trustee, in Trust, with Power of Sale, that property in the City of Huntington Beach, County of Orange, State of California, described legally in the Legal Description attached hereto as Exhibit "A" and incorporated herein. TOGETHER WITH: (a) all buildings, improvements and fixtures, now or hereafter placed thereon, it being understood and agreed that all classes of property attached or unattached used in connection herewith shall be deemed fixtures, (b) rents, issues and profits thereof, (c) any water rights and/or stock are appurtenant or pertain to said land, and (d) all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement for the sale thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits, and all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement. A. FOR THE PURPOSE OF SECURING:1. Payment of the sum of 'OA �G() AVLA Qkk4V5 with interest thereon according to the terms of a Promissory Note of even date herewith, made by Trustor, payable to the order of the Beneficiary and extensions or renewals thereof. 2. Payment of such additional sums with interest thereon as: (a) may be hereafter borrowed from the Beneficiary by the then record owner or owners-of said 71c11oandocicitytd\612l94 1 property when evidenced by another Promissory Note or Notes, or (b) as may be added to the indebtedness secured hereby in accordance with the provision of this Deed of Trust. 3. Performance of each and every obligation, covenant, promise or agreement of Trustor contained herein in the Loan Agreement between Beneficiary and Trustor dated JUKE 28 , 1991,4and in that certain Affordable Housing Agreement currently recorded on the property, insofar as the terms and conditions of that agreement may apply to Trustor. 4. Payment, with interest thereon, future indebtedness or obligation of the Trustor (or of any successor-in-interest of the Trustor to said property) to the Beneficiary, whether created directly or acquired by assignment, whether absolute or contingent, whether due or not, whether otherwise secured or not, or whether existing at the time of the execution of the Deed of Trust, or arising thereafter. B. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. To keep said property in good condition and repair; to allow Beneficiary or its representatives to enter and inspect the premises at all reasonable times and access thereto, shall be permitted for that purpose; not to remove or demolish any building thereon; not to make alterations thereto without the consent of the Beneficiary; to suffer or permit no change in the general nature of the occupancy of the premises without Beneficiary's written consent; to complete or restore promptly and in good workmanlike manner any building which may be constructed, damaged or destroyed thereon, including, without restricting the generality of the foregoing, damage from termites and dry-rot; to pay when due all claims for labor performed and materials furnished in connection with such property and not to permit any mechanic's lien against such property; to comply with all laws affecting such property or requiring any alterations or improvements to be made thereon; not to initiate or acquiesce in any zoning reclassification without Beneficiary's written consent; not to commit or permit waste thereon; not to commit, suffer or permit any act upon such property in violation of the law; and to paint, cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from the character or use of said property may be reasonably necessary; to promptly pay all amounts due others upon agreements of lease or conditional sale of all fixtures, furnishings and equipment located thereon. If the loan secured hereby or any part thereof is being obtained or should any additional loan be made hereafter for the purpose of financing rehabilitation improvements on said property, Trustor further agrees, anything in this Deed of Trust to the contrary notwithstanding; (a) to complete the same in accordance with City approved plans and specifications satisfactory to Beneficiary; (b) to allow Beneficiary to inspect such property at all times during rehabilitation; (c) to replace any work or materials unsatisfactory to Beneficiary within fifteen (15) calendar days after written notice from Beneficiary of such fact, which notice may be given to Trustor by registered or certified mail, sent to his last known address, or by personal service of the same; (d) that work shall not cease on the rehabilitation of such improvements for any reason whatsoever for a period of fifteen (15) calendar days, whether consecutive or not, withcut the written permission of the Beneficiary; (e) to pay when due all claims of labor and materials furnished in connection with the said rehabilitation and not to permit any claims of lien for said work or material to be filed of record against the property; (f) not to permit any stop notice claims to be 71c11oandocicity1d%12/94 2 presented to Beneficiary. If said property is part of a larger tract upon which improvements will be constructed, Trustor shall make separate contracts and subcontracts for said construction which shall pertain to the said property only and shall keep separate, full and complete records of all work and materials furnished to the said property. Trustee upon presentation to it of an affidavit signed by the Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder. 2. To provide, and maintain in force at all times with respect to said property, fire and other types of insurance as may be required by Beneficiary. All of such insurance shall have a loss payable endorsement in favor of Beneficiary, shall be for a term and in form, content, amount and in such companies as may be satisfactory to Beneficiary, and the policies therefor shall be delivered to and remain in possession of Beneficiary as further security for the faithful performance of these trusts. At least thirty (30) days prior to the expiration of any insurance policy, a policy or policies renewing or extending such expiring insurance shall be delivered to Beneficiary together with written: evidence showing payment of the premium therefor and, in the event any such insurance policy and evidence of the payment of the premium therefor are not so delivered by Trustor to Beneficiary, Trustor by executing this Deed of Trust specifically requests Beneficiary to obtain such insurance and Beneficiary, without obligation to do so, without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may obtain such insurance through or from any insurance agency or company acceptable to it, pay the premium thereof, and may add the amount thereof to the indebtedness secured hereby, which amount shall bear a like rate of interest. Beneficiary may furnish to any insurance agency or company, or any other person, any information contained in or extracted from any insurance policy delivered to Beneficiary pursuant hereto and any information concerning the loan secured hereby. Neither Trustee nor Beneficiary shall be responsible fQr such insurance or for the collection of any insurance monies, or for any insolvency of any insurer or insurance underwriter. In case of insurance loss, Beneficiary is hereby authorized either (a) to settle and adjust any claim under the insurance policies provided for in this document without the consent of the Trustor, or (b) to allow Trustor to agree with the insurance company or companies on the amount to be paid upon the loss. In either case, the Beneficiary is authorized to collect and make receipt of any such insurance money. If Trustor is obligated to restore or replace the damaged or destroyed buildings or improvements under the terms of any lease or leases which are or may be prior to the lien of this Deed of Trust and such damage or destruction does not result in cancellation or termination of such lease, such proceeds, after deducting therefrom any expenses incurred in the collection thereof, shall be used to reimburse the Trustor for the cost of rebuilding or restoring the buildings or improvements on said premises. In all other cases, such insurance proceeds, at the option of the Beneficiary, shall either be applied in reduction of the indebtedness secured hereby whether due or not, or in such order as Beneficiary may determine, or be held by the Beneficiary and used to reimburse the Trustor for the cost of the rebuilding or restoring the buildings or improvements on said premises. Such buildings and improvements shall be so restored or rebuilt as to be of at least equal value and substantially the same character as prior to the damage or destruction, and shall be in a condition satisfactory to Beneficiary. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. Any and all unexpired insurance shall inure to the benefit of, and pass to the purchaser of, the property conveyed at any Trustee sale held hereunder. 71c%1oandocWtytd1612194 3 3. To pay: (a) at least ten (10) days before delinquency, all general and special City and County taxes, and all assessments on appurtenant water stock, affecting such property, (b) when done, all special assessments for public improvements, without permitting any improvement bond to issue for any special assessment (c) when done, all encumbrances, charges and lines, with interest, on said property, or any part thereof, which are or appears to be prior to superior hereto, (d) if the security of this Deed of Trust is leasehold estate, to make any payment or do any act required of the Lessee or its successor in interest under the terms of the instrument or instruments creating said leasehold, (e) all costs, fees and expenses of this trust, (f) for any statement regarding the obligation secured hereby any amount demanded by Beneficiary not to exceed the maximum allowed by law thereof at the time when such request is made, (g) such other charges for services rendered by Beneficiary and furnished at Trustor's request or that of any successor in interest to Trustor as the Beneficiary may deem reasonable. If, by the laws of the United States of America, or of any state having jurisdiction otrer the Trustor, any tax is due or becomes due in respect to the issuance of the Note hereby secured, the Trustor covenants and agrees to pay such tax in the manner required by such law. Should Trustor fail to make any such payment, Beneficiary may elect to make such payment, Beneficiary may elect to make such payment and any amount so paid may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest. 4. That, should Trustor fail to make any payment or do any act as provided in this Deed of Trust, the Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may (a) make or do the same 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 said property for such purposes, (b) commence, appear in, or defend any action or proceeding purporting to affect the security hereof or the property covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, (c) pay, purchase, contest or compromise any encumbrance, charge or lien, which in the judgment of either is or appears to be prior or superior hereto, and (d) in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary, and any amount so expended may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest. 5. To appear in and defend any action or proceeding purporting to affect the security hereof or the property which is covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, and whether or not Trustor so appears or defends, to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including any action for the condemnation or partition of said premises, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 71c%Toandoc%ci1y1dl612194 4 6. To pay immediately and without demand, all sums expended under the terms of this Deed of Trust by Beneficiary or Trustee, with interest from the date of expenditure at the rate which the principal obligation secured hereby bears at the time such payment is made, and the repayment of such sums shall be secured hereby. 7. That, should the Trustor or any successor in interest to Trustor in such property drill or extract, or enter into a lease for drilling or extraction of oil, gas or other hydrocarbon substances or any mineral of any kind or character, or sell, convey, further encumber, or alienate said property, or any party thereof, or any interest therein, or be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, Beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby irrespective of the maturity date specified in any Note evidencing the same, immediately due and payable, and no waiver of this right shall be effective unless in writing. 8. That any award, settlement or damages for injury or damages to such property, or in construction with the transaction financed by such loan, and any award of damages in connection with any condemnation for public use of or injury to said property, or any part thereof, is hereby assigned and shall be paid to Beneficiary, who may apply or release such monies received by it in such manner and with the same effect as above provided for the disposition of proceeds of fire or other insurance. 9. That, by accepting payment of any sums secured hereby after its due date, or by making any payment, performing any act on behalf of Trustor, that Trustor was obligated hereunder, but failed, to make, or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right either to require prompt payment when due of all sums so secured or to declare a default for failure so to pay. 10. That at any time, or from time to time, without liability of the Beneficiary or Trustee thereof, and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and any Note secured hereby for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, or the lien of the Deed of Trust upon the remainder of said property for the full amount of the indebtedness then or thereafter secured hereby, or the rights or powers of Beneficiary or the Trustee with respect to the remainder of said property, Trustee may: (a) reconvey any part of said property, (b) consent to the making of any map or plat thereof, (c) join in granting any easement thereon, (d) join in any agreement subordinating the lien or charge hereof. 11. That the lien hereof shall remain in full force and effect during any postponement or extension of time of payment of the indebtedness secured hereby, or any part thereof. • 12. That, upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said Note or Notes to Trustee for cancellation and retention, and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive of the truthfulness thereof. The 7%cIIoandoc%ciWdl6'2194 5 reconveyance of any matters of fact shall be conclusive of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Such request and reconveyance shall operate as re-assignment of the rents, issues, royalties and profits assigned to Beneficiary. Five (5) years after issuance of such full reconveyance, Trustee may destroy said Note and this Deed of Trust (unless directed in such request to retain them). 13. That as additional security, Trustor irrevocably assigns to Agency the rents, issues, and profits of the property affected by this Trust Deed for the purposes and upon the terms and conditions set forth below. This assignment shall not impose upon Agency any duty to produce rents from the property affected by this Trust Deed, or cause Agency to be (a) "mortgages in possession" for any purpose; (b) responsible for performing any of the obligations of the lessor under any lease; or (c) responsible for any waste committed by lessees or any other parties, for any dangerous or defective condition of the property affected by this Trust Deed, or for any negligence in the management, upkeep, or control of such rights to rents, issues and profits is not contingent upon, and may be exercised without possession of, the property affected by this Trust Deed. Agency confers upon Trustor a license ("License") to collect and retain the rents, issues and profits of the property affected by this Trust Deed as they become due and payable, until the occurrence of a default hereunder. Upon such default, the License shall be automatically revoked and Agency may collect and retain the rents, issues and profits without notice and without taking possessions of the property affected by this Trust Deed. This right to collect rents, issues and profits shall not grant to Agency or Trustee the right to possession, except as otherwise provided herein; and neither said right, nor termination of the License, shall impose upon Agency or Trustee the duty to produce rents, issues or profits or maintain all or any part of the property affected by this Trust Deed. If Trustor shall default as aforesaid, Trustor's right to collect any such money shall cease and Beneficiary shall have the right, with or without taking possession of the property affected hereby, to collect all rents, issues, royalties and profits and shall be authorized to, and may, without notice and irrespective of whether declaration of default has been delivered to Trustee and without regard to declaration of default has been delivered to Trustee and without regard to the adequacy of the security for the indebtedness secured hereby, either personally or by attorney or agent without bringing any action or proceeding, or by receiver to be appointed by the Court, enter into possession and hold, occupy, possess and enjoy the said property, make cancel, enforce and modify leases, obtain and eject tenants, and set and modify rents and terms of rents, and to sue, and to take, receive and collect all or any part of the said rents, issues, and profits of the property affected hereby, and after paying such costs of maintenance, operation of said property, and of collection including reasonable attorneys' fees, as in its judgment it may deem proper, to apply the balance upon any indebtedness then secured hereby, the rents, issues, royalties and profits of said property being hereby assigned to Beneficiary for said purposes. The acceptance of such rents, issues, royalties and profits shall not constitute a waiver of any other right which Trustee or Beneficiary may enjoy under this Deed of Trust or under the laws of California. Failure of or discontinuance by Beneficiary at any time, or from time to time, to collect any such rents, issues, royalties or profits shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power and authority to collect the same. The receipt and application by said Beneficiary of all such rents, issues, royalties and profits pursuant hereto, after execution and delivery of declaration of default and demand for sale 71DEEDREN=6/02/94/8 6 shall not cure such breach or default not affect said sale proceedings, or any sale made pursuant thereto, but such rents, issues, royalties and profits, less all costs of operation, maintenance, collection and reasonable attorneys' fees, when received by Beneficiary, shall be applied in reduction of the indebtedness secured hereby, from time to time, in such order as Beneficiary may determine. Nothing contained herein, nor the exercise of the right by Beneficiary to collect, shall be, or be construed to be, an affirmation by Beneficiary of any tenancy, lease or option, nor an assumption of liability under, nor subordination of the lien or charge of this Deed of Trust to, any such tenancy, lease or option. 14. That if the security of this Deed of Trust is a leasehold estate, the Trustor agrees that: (a) the term "Lease" as used herein shall mean the lease creating the "leasehold estate"; (b) Trustor shall not amend, change or modify his leasehold interest, or the Lease, or agree to do so, without the written consent of the Beneficiary; (c) Trustor will promptly advise Beneficiary regarding any notice, request or demand received by him from the lessor under the Lease and promptly furnish Beneficiary with a copy of any such notice, request or demand; (d) as long as any of the indebtedness secured hereby shall remain unpaid, unless the Beneficiary shall otherwise consent thereto in writing, the leasehold estate shall not merge with the fee title but shall always be kept separate and distinct, notwithstanding the union of said estates in any party; (e) Trustor agrees that it will promptly, strictly, and faithfully perform, fulfill, and comply with all covenants, agreements, terms, conditions and provisions under any lease affecting the premises and to neither do anything, nor to permit anything to be done which may cause modification or termination of any such lease or of the obligations of any lessee or person claiming through such lease or the rents provided for therein or the interest of the lessor or the Beneficiary therein or thereunder. Trustor further agrees he will not execute a Deed of Trust or mortgage which may be or become superior to any leasehold estate that is security for this Deed of Trust. In the event of a violation of any of the covenants set forth in this paragraph, Beneficiary shall have the right, at its option, to declare all sums secured hereby immediately due and payable. Consent to or waiver of one of said violations shall not be deemed to be a consent to or waiver or any other violation. It the security for this Deed of Trust is a leasehold estate, the term "property" as used in this Deed of Trust shall be deemed to mean the leasehold estate whenever the context so requires for the protection of the Beneficiary. 15. That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement, and the Promissory Note, if applicable, hereunder, and upon default by Trustor under the terms of any encumbrance, charge or lien which is or appears to be prior or superior hereto, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary shall also deposit with Trustee this Deed of Trust and any Notes and all documents evidencing expenditures, secured hereby. After the lapse of such time as then may be required by law following recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in such notice of sale, whether as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for case in lawful money of the United States, payable at time of sale. Trustee may postpone sale of 7%c11oandoc%ciWdl6l2I94 7 all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its Deed conveying the property so sold, but without any covenant or warranty, express or implied. The recital in such Deed of any matters of fact shall be conclusive of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. Trustee may a'so sell at any such sale and as part thereof any shares of corporate stock securing the obligations secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand and notice of such safe). After deducting all costs, fees and expenses of Trustee, and of this Trust, including cost of evidence of title in connection with this sale, Trustee shall apply the proceeds of sale to payment, first; all sums expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the Note or Notes secured hereby, and then of all other sums secured hereby, and, if there are any proceeds remaining, shall distribute them to the person or persons legally entitled thereto. 16. To waive, to the fullest extent permissible by law, the right to plead any statute of limitations as a defense to any demand secured hereby. 17. That Beneficiary may, from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded in the office of the recorder of the county or counties where such prcperty is situated, shall be conclusive proof of property substitution of such successor Trustee or Trustees, who shall, without conveyances from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties, including but not limited to the power to reconvey the whole or any part of the property covered by this Deed of Trust. Such instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded. If notice of default shall have been recorded, this power of substitution cannot be exercised until after the costs, fees and expenses of the then acting Trustee shall have been paid to such Trustee, who shall endorse receipt thereof upon such instrument. The procedures herein provided for substitution of Trustee shall not be exclusive of other provisions for substitution provided by law. 18. That this Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the owner and holder, including pledgee, of the Note secured hereby, whether or not names as Beneficiary herein. 1n this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 19. That in the event the property secured by this Deed of Trust is income producing property consisting of four units or more, Trustor agrees to file with Beneficiary, at Beneficiary's request, monthly, on or before the 15th day of each month, a written operational report. Such operational report shall contain a brief but complete statement of the month's income and expenses of such property, a list of all vacancies, and a statement of any material change in the property or business carried on therein for such period. 71c%1oandoc1ciWd1512/94 8 20. That in the event of a demand for, and the preparation and delivery of a written statement regarding the obligations secured by this Deed of Trust pursuant to Sections 2943 and 2954 of the Civil Code of California, Beneficiary shall be entitled to make a reasonable change, not exceeding the maximum amount which is permitted by law at the time the statement is furnished. Beneficiary may also charge Trustor a reasonable fee for any other services rendered to Trustor or rendered in Trustor's behalf in connection with said property of this Deed of Trust, including changing Beneficiary's records pertaining to this Deed of Trust and the loan secured hereby in connection with the transfer of said property, or releasing an existing policy of fire insurance or other casualty insurance held by Beneficiary and replacing the same with another such policy. 21. That Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. 22. That should this Deed of Trust or any Note secured hereby provide any fee for prepayment of any indebtedness secured hereby, Trustor agrees to pay said fee, if any, of said indebtedness shall be paid prior to the due date thereof stated in said Note or this Deed of Trust even if notwithstanding Trustor shall have defaulted in payment thereof, or in performance of any agreement hereunder, and Beneficiary, by reason thereof, shall have declared all sums secured hereby immediately due and payable. 23. That Trustor has made certain representations and disclosures in order to induce Beneficiary to make the loan evidenced by the Promissory Note or Notes which this Deed of Trust secures, and in the event that Trustor has made any material misrepresentation or failed to disclose any material fact, Beneficiary at its option and without notice, shall have the right to declare the indebtedness secured hereby, irrespective of the maturity date specified in such Note or Notes, immediately due and payable, and on failure to so pay Beneficiary may make a written declaration of default and demand for sale as in paragraph No. 15 herein set forth. Trustee, upon presentation to it of an affidavit signed by Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder. Any notice which any party hereto may desire or be required to give to the other party shall be in writing. The mailing thereof must be certified mail addressed to the Trustor at his address hereinabove set forth or to the Beneficiary at his office or at such other place as such parties hereto may designate in writing. 71c11oandoc%citytd%612194 9 V • � Ipl � PARCEL 1: UNIT NO. 43, CONSISTING OF C RIAIN AIRSPACE AND SURFACE ELEMENTS, AS . Sll: 6N AND DESCRIBED IN THE 02MAMM PLAN ("PLAN") FOR ERISAS DEL MAR LOCATED ON L017 1 OF TRACT 14757, AS SIKX-ZN an A SUI3DMSIau MAP RECORDED CN SEPTEMS R 1, 1933, IN BOOK 701, PAGES 42 TRO00 H 43, INCLUSIVE OF M'QSCFLL MAPS, IN TR-E OFFICE OF THE ORANGE COUTM7 RECORDER ("OFFICIAL RECORDS") , WHICH, PLAN WMAS REGARDED an S FaI MER 15, 1993, AS 11S'IRL11ENTD' NO. 93-0621742, OF OFFICIAL RECORDS, CALIFORNUA. PARCEL 2: AN UNDIVIDED ONE FORTY-FOURTH (1/43) FED SIMPLE INTEREST AS A TENANT IN WVW IN AMID TO M'JJI lE B 0-0 V ON THE PLAN PND DEFIDDID IN THE DECLARATION RE`=Rx® TO BE CW AS THE "COMMON AREA". EXCEPT THERE R0i ALL OIL, CAS, MINERALS AMID OTHER FDYIrR0CA2BC117 SUBSTANCES LYING BELC7W A DEPTH OF 500 FE= WT'D KXTT ANY RIQTT TO ENTER UPO n THE SURFACE OR THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF SOO FEET, AS PROV11 ID IN INSTRUMENTS OF RECORD. PARKED, 3: NC;NEWULlSIVE EASUll US FOR ACCESS, INGRESS, EGRESS, USE, W0Yi✓.ENT, DRXI=, ENCROAa-Zl NI', SUPPORT, MAINTENANCE, REPAIRS AMID FOR OTHER PURP(S'rS, ALL AS MAY BE SHOW11 IN THE PLAN, AND AS ARE VE C RIEE7 IN THE DECLARATION. PARCEL 4: EAM15IVE FASEMUS APPURTIINNNT TO PARCELS NO. 1 AMID NO. 2 DEESCR= ABOVE FOR USE FOR ENUO 13 F URPCISES rETT IBED AS EXaJUSIVE USE AREAS IN THE - DECLARATICN, OVER PORTIONS OF LOT 1 OF TRACT 14757 SMV AND ASSIGNED IN Tim MUNI. PARCEL 5: AN EXCLUSIVE EASEMENT APPUR ENAgr TO PARCELS NO. 1 AND NO. 2 DFSCtTSEM ABOVE, FLR USE FOR PATIO, BAL=, AMID FIRE ESCAPE STAIRCASE PURPOSES DFSCRF9ED AS EXCLUSIVE USE AREAS IN 711E DECSARATLC N, AS APPLICABLE, OVER PORTICUS OF LOT L OF TRACT 14757 AS SHORN, ASSIGNED AND D SCRIB D IN THE PLAN. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO 5807 State of County of On -�_ 3 • �5� before me, .c , DATE N �iTLE OF QFFICER•E.G..'JANE DOE.NOTARY PUBLIC- personally appeared ,c.li �-_ /u_'4_Z-%_� ,,�� � NWE{SI CF SIGNER(S) iypersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s'f whose nameA Is ate-- subscribed to the within instrument and ac- knowledged to me that he/she/they executed of the same in ' e t#te-ir authorized r'icrAL SEALc a a c i t :-' Lll`tDA SUE SUIZACI p Y(re3`T, and that by hYs1 erlth,�t Notary PC,Iblic-Conforrt'a ORANGE cotton signature on the instrument the person�s'f, MY Ccmftsdon EVIres or the entity upon behalf of which the 21' 1�5 person( acted, executed the instrument. WITNESS my hand and official seal. SiGNATuRd OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuab'e to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ 1 IDUAL ff CORPORATE FFICER TITLE OR WPE OF DOCUMENT TITLECSI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. DATE OF DOCUMENT j SIGNER 1S REPRESENTING: i T.4AI PERSON{SIORENTITY ES) n (//[/_0' � SIGNER(S)OTHER THAN NAMED ABOVE I !I I V1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Boa 7184-Canoga Park,CA 91309-7184 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nc ssa7 State of c� County of On g before me, /' �-• , DATE 4AME.TITLE OF OFFICER•E.G..-JANE DOE.NOTARY PUBLIC personally appeared f �-►-� NAME(S)OF SIGNERS) D-personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person, whose nameSsY is/ate- subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hi�si!geltheft authorized capacity(, and that by -his er tl�eF tINDA WE �Cx signature(s) on the instrument the person(}. El CR,�E C�°AUOLW or the entity upon behalf of which the my c mmudon eoe, erson 21. 1995 p (s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent f•audulent reattachment of this form. rr-�-71 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT . l_J IVIDUAL CORPORATE FFICER `g TITLE 6R TYPE OF DOCUMENT TVs) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _ f tg ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: fLWEI;F PERSON(S)ORE (1 ) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSCCIAT)ON•8236 Remme!Ave..P.D.Box 7184-Canoga Park,CA 91309-7184 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. TRUSTEE: TRUSTOR: REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ii By:2 ( By:_ K\�r+�i�L By: By: BENEFICIARY: THZCITY F HUNTINGTON BEACH B - Title: Mayor APPROVED AS TO FORM: ATTEST: City AttorneylAgency Counse C�'�( City Clerk/Agency Clef 23 71c11oandoc1c1tytd16/2194 10 Z AM E l STATE OF CALIFORNIA }ss. COUNTY OF MAME O. JUNE 28,1994 , before me, SALPY GIRAGOSSIAN , personally appeared PATRICK M. MELVIN AND fiELIDE ITO personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS maha ,81, nd offici ;seal. Signature j r1j ; ;�. SALPY GIRAGOSSIAN" COMM.# 1022263 co NOTARY PUBLIC-C.MFORNIA _ 0 ORANGE CG1rlfY —► mycanm.E.pi'as Apra 3.19M (This area for of teal nptariat seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 11 941 1Generaq First American T-ve IrSurance Corn-pry RIDER TO CITY OF HUNTINGTON BEACH DEED OF TRUST AFFORDABLE HOUSING PROGRAM This rider to the City of Huntington Beach Deed of Trust which was executed by y� y— / V4� stor for the property located at 4O O be -A249) Is subject to the terms and conditions of that certain Loan Agreement entered into by and between Beneficiary and Trustor dated 19 , to which this rider is attached as Exhibit C and Incorporated by reference (the Loan Agreement ), pursuant to which Beneficiary has agreed to loan Trustor the sum of 7j +A �evczatia- Dollars 0 0 OHO ) (the Loan Amount ) with simple Interest to accrue at five percent (5%) yearly All terms in this Rider to City of Huntington Beach Deed of Trust if not separately defined herein shall have the meanings as defined in the Loan Agreement 1 Acceleration/Due on Sale A Except as provided herein the Loan and all interest accrued thereon shall be due and payable upon (i) such sale transfer or other disposition of the Property, including, without limitation lease exchange or rent of any part of the Property, (Ii) the refinancing of the First Mortgage for a loan amount in excess of the then current loan balance or for any amortization period longer than the loan secured by the First Mortgage or (iv) Trustor being in material default of any other obligation contained in this Agreement or any provision of the Affordable Housing Agreement or Covenant as defined herein, recorded on the property or (v) Trustor violates any condition of the deed of trust or promissory note, or (vi) the death of Trustor (unless the Trustor s household occupying the property contains more than one qualified participant in the affordable housing program pursuant to which this Loan is being made and at least one qualified participant survives) At the request of Trustor the City may in its sole discretion extend the term of the Loan 1 7/loa ndoc/citynd r/06/02/94 r . B. Exception to repayment provision. Accrued interest shall be due and payable upon safe of the Property only if, at the time of sale, the sales price of the Property is equal to or greater than the amount of the original purchase price plus five percent (5%) of that amount per year for every full year of ownership, starting at the close of escrow described in paragraph one (1) herein, and any pro rata share applicable to any portion of a remaining year. 2. Occupancy Standards. The Property shall be used as the personal residence of Trustor and Trustor's immediate family and for no other purpose. Trustor shall not enter into an agreement for the rental or lease of the Property. 3. Protection of Beneficiary's Rights in the Property. A. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust, or there is a legal proceeding that may significantly affect Beneficiary's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Beneficiary may do and pay for whatever is necessary to protect the value of the Property and Beneficiary's rights in the Property. Beneficiary's actions may include paying any sums secured by a lien which has priority over this Deed of Trust, appearing in court, paying reasonable attorney's fees and entering on the Property to make repairs. Although Beneficiary may take action under this Section, Beneficiary does not have to do so. B. Any amount disbursed by Beneficiary under this section, shall become additional debt of Trustor secured by this Deed of Trust. Unless Trustor and Beneficiary agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the highest rate permitted by law and shall be payable, with interest, upon notice from Beneficiary to Trustor requesting payment. 4. Subordination. The Beneficiary has found and declared that an economically feasible method of financing, refinancing or assisting first time homebuyers pursuant to the 2 711oandocldl yridr/06102144 Program on substantially comparable terms and conditions without subordination is not reasonably available. Any first lien on the Property ("First Lien") held by an institutional lender or investor (the "Lender") or second lien held by the Redevelopment Agency of the City of Huntington Beach, as may be evidenced by a Deed of Trust recorded on the Property, shall be prior and superior to the Declaration and this Deed of Trust. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Trustor's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Trustor or a related entity of the Trustorl, receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. 5. Obligation to Refrain from Discrimination. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall the Beneficiary itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the City or any portion thereof. Trustor agrees it shall instruct the escrow holder for the acquisition of the Property .I by the Trustor that the order of recording in the escrow for the purchase of the Property by the Trustor shall occur as follows: 1) the First Lien; 21 the Declaration of Covenants, Conditions & Restrictions for Affordable Housing; 3) the Redevelopment Agency Deed of Trust; and 4) the City Trust Deed. 3 7lioa ndoc/cit yridr/06l02194 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of ' County of SA�7::�/I On - before me, DATE FdME,71TLE OF OFFICER-E.G.,•JANE DOE.NOTARY PUBLIC- personally appeared El �� � NAME(S)OF SIGNER(S) Impersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(,%�whose namets' FAIM- subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hWiPtlfieft authorized capacity(fe I, and that by #is te )4eif- signature anon the instrument the person{s3- o=::CIAL SEAL or the entity upon behalf of which the L:N-l.. v ePu12ACI ersonX acted execrated the instrument. .f� NTY My ComistIo�vExplres August 21. 1995 WITNESS my hand and official seal. SIGNATURE OF NOTARY ■ OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying cn the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT E I�iVIDUAL CORPORATE OFFICER I &:� TITLE 0 eTYPE OF DOCUMENT TOLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY—IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN,'CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: hAIAE PER50N{S10RENCI7{t SI . C/1 airy' SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309.7184 The Trustor shall cause a Request for Notice to be recorded on the Property subsequent to the recordation of the First Lien deed of trust or mortgage requesting a statutory notice of default as set for the in the California Civil Code. TRUSTOR'S SIGNATURE TRUSTOR'S SIGNATURE CITY OF HUNTINGTON BEACH a municipal corporation Mayor ATTEST: APPROVED AS TO FORM: Zee 3 City Clerk City Attorney 4 711oa ndocic4yridr106102l94 C, AJ sow 0leg „i`�� v } STATE OF CALIFORNIA )ss. COUNTY OF ORANGE } On ,7uNE 28,1994 before me, SALPY GIRAGOSSIAN , personally appeared PATRICK M. MELVIN AND NELIDE ITO , personally known to me (o-proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h sad and off' ' seal. Signature 7 .- . SALPY GIRAG05-SIr'IN3: ca : r Got&, .a 1022263 ED CD �;—rp a# •: NOTARY PL'3LtC•CAUFCRN A �J _ C:iAmc CW4TY ,.J- fAy C4rm.Ex;ires A=Cil 3.79% (This area for oNKiat no'arial seall Tit'e of Document Date of Document No. of Pages Other signatures not acknowledged 300 0 9a) lGeneraly First A-rencan T.tie Insurance Company REQUEST FOR FULL RECONVEYANCE A reconveyance will be issued only upon presentation of this notice properly signed and accompanied by the reconveyance fee and surrender of the Deed of Trust and the original note or notes secured thereby To THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH You are hereby notified that the undersigned-ILITY OF HUNTINGTON BCH the legal owner— of the ONE ' 10 000 00 _ ,promissory note_for the sum of $ T SHOWN with interest secured by that certain Deed of Trust dated the_----- ------day of ---- 19 --- executed by PATRICK & NELIDE MELVIN to REDEVELOPMENT AGENCY OF HUNTINGTON Bgi stee which said Deed of Trust was recorded in the office of the County Recorder of the County of ORANGE , State of California on the day of UL 19 94 1 1n Book ------------ ----------- 94-0437387 Page et seq of Official Records as Instrument Number That said note— together with all other sums and indebtedness secured by said Deed of Trust ha been fully paid and satisfied and you are hereby directed and ordered upon presentation to you of said Deed of Trust and the note or notes secured thereby and on cancellation by you of said note or notes and payment to you of any sums owing to you under the terms of said Deed of Trust to release and reconvey without warranty all the estate in the premises in said Deed of Trust to you by said instrument granted or so much thereof as is now held by you unto the parties designated by the terms of said Deed of Trust at their request and cost as provided in said Deed of Trust Dated this 19 day of SEPTEMBER 1997 THE CI Y OF UNTINGTON BEACH 1317 (11/68) 0;;--N3E COAST TITLE kNGELES L RECORDING REQUESTED BY 4- AND WHEN RECORDED RETURN TO: If T The Redevelopment Agency of the City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Attn: Agency Clerk (Space Above Ibis Line For Recorder's Use.1 This document is exempt from recording fees pursuant to Government Code Section 6103. DEED OF TRUST WITH ASSIGNMENTS OF RENTS T I D l F TRUST is made this d Y 0 if JUI-IE , 1 and among m ng whose address iy k1 he "Trustorl and THE CITY OF HUNTINGTON BEACH, a municipal corporation (the K) "Trustee") and THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic (the "BENEFICIARY"), whose address is 2000 Main Street, Huntington Beach, California 92648. WITNESSETH: That Trustor Irrevocably Grants, Transfers and Assigns, to Trustee, in Trust, with Power of Sale, that property in the City of Huntington Beach, County of Orange, State of California, described legally in the Legal Description attached hereto as Exhibit "A" and incorporated herein. TOGETHER WITH: (a) all buildings, improvements and fixtures, now or hereafter placed thereon, it being understood and agreed that all classes of property attached or unattached used in connection herewith shall be deemed fixtures, (b) rents, issues and profits thereof, (c) any water rights and,or stock are appurtenant or pertain to said land, and (d) all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement for the safe thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits, and all sums of money payable on the purchase price of said property secured by a lien thereon or payable under any agreement. A. FOR THE PURPOSE OF SECURING: 1. Payment of the sum ofqVkVk-� -T�NZ-A4 with interest thereon according to the terms of a Promissory ote of even date herewith, made by Trustor, payable to the order of the Beneficiary and extensions or renewals thereof. MEEDRENT106/02194113 2. Payment of such additional sums with interest thereon as: (a) may be hereafter borrowed from the Beneficiary by the then record owner or owners of said property when evidenced by another Promissory Note or Notes, or (b) as may be added to the indebtedness secured hereby in accordance with the provision of this Deed of Trust. 3. Performance of each and every obligation, covenant, promise or agreement of Trustor contained herein in the Loan Agreement between Beneficiary and Trustor dated JUNE 28 , 1993c4and in that certain Affordable Housing Agreement currently recorded on the property, insofar as the terms and conditions of that agreement may apply to Trustor. 4. Payment, with interest thereon, future indebtedness or obligation of the Trustor (or of any successor-in-interest of the Trustor to said property) to the Beneficiary, whether created directly or acquired by assignment, whether absolute or contingent, whether due or not, whether otherwise secured or not, or whether existing at the time of the execution of the Deed of Trust, or arising thereafter. B. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. To keep said property in good condition and repair; to allow Beneficiary or its representatives to eriter and inspect the premises at all reasonable times'and access thereto, shall be permitted for that purpose; not to remove or demolish any building thereon; not to make alterations thereto without the consent of the Beneficiary; to suffer or permit no change in the general nature of the occupancy of the premises without Beneficiary's written consent; to complete or restore promptly and in good workmanlike manner any building which may be constructed, damaged or destroyed thereon, including, without restricting the generality of the foregoing, damage from termites and dry-rot; to pay when due all claims for labor performed and materials furnished in connection with such property and not to permit any mechanic's lien against such property; to comply with all laws affecting such property or requiring any alterations or improvements to be made thereon; not to initiate or acquiesce in any zoning reclassification without Beneficiary's written consent; not to commit or permit waste thereon; not to commit, suffer or permit any act upon such property in violation of the law; and to paint, cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from the character or use of said property may be reasonably necessary; to promptly pay all amounts due others upon agreements of lease or conditional safe of all fixtures, furnishings and equipment located thereon. If the loan secured hereby or any part thereof is being obtained or should any additional loan be made hereafter for the purpose of financing rehabilitation improvements on said property, Trustor further agrees, anything in this Deed of Trust to the contrary notwithstanding; (a) to complete the same in accordance with City approved plans and specifications satisfactory to Beneficiary; (b) to allow Beneficiary to inspect such property at all times during rehabilitation; (c) to replace any work or materials unsatisfactory to Beneficiary within fifteen (15) calendar days after written notice from Beneficiary of such fact, which notice may be given to Trustor by registered or certified mail, sent to his last known address, or by personal service of the same; (d) that work shall not cease on the rehabilitation of such improvements for any reason whatsoever for a period of fifteen (15) calendar days, whether consecutive or not, without the written permission of the Beneficiary; (e) to pay when due all claims of labor and materials furnished in connection 71DEEDRENT1o6/02194/B 2 presented to Beneficiary. if said property is part of a larger tract upon which improvements will be constructed, Trustor shall make separate contracts and subcontracts for said construction which shall pertain to the said property only and shall keep separate, full and complete records of all work and materials furnished to the said property. Trustee upon presentation to it of an affidavit signed by the Beneficiary setting forth facts showing a default by Trustor under this paragraph, is authorized to accept as true and conclusive all facts and statements therein, and to act thereon hereunder. 2. To provide, and maintain in force at all times with respect to said property, fire and other types of insurance as may be required by Beneficiary. All of such insurance shall have a loss payable endorsement in favor of Beneficiary, shall be for a term and in form, content, amount and in such companies as may be satisfactory to Beneficiary, and the policies therefor shall be delivered to and remain in possession of Beneficiary as further security for the faithful performance of these trusts. At least thirty (30) days prior to the expiration of any insurance policy, a policy or policies renewing or extending such expiring insurance shall be delivered to Beneficiary together with written evidence showing payment of the premium therefor and, in the event any such insurance policy and evidence of the payment of the premium therefor are not so delivered by Trustor to Beneficiary, Trustor by executing this Deed of Trust specifically requests Beneficiary to obtain such insurance and Beneficiary, without obligation to do so, without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may obtain such ' insurance through or from any insurance agency or company acceptable to it. pay the premium thereof, and may add the amount thereof to the indebtedness secured hereby, which amount shall bear a like rate of interest. Beneficiary may furnish to any insurance agency or company, or any other person, any information contained in or extracted from any insurance policy delivered to Beneficiary pursuant hereto and any information concerning the loan secured hereby. Neither Trustee nor Beneficiary shall be responsible fqr such insurance or for the collection of any insurance monies, or for any insolvency of any insurer or insurance underwriter. In case of insurance loss, Beneficiary is hereby authorized either (a) to settle and adjust any claim under the insurance policies provided for in this document without the consent of the Trustor, or (b) to allow Trustor to agree with the insurance company or companies on the amount to be paid upon the loss. In either case, the Beneficiary is authorized to collect and make receipt of any such insurance money. If Trustor is obligated to restore or replace the damaged or destroyed buildings or improvements under the terms of any lease or leases which are or may be prior to the lien of this Deed of Trust and such damage or destruction does not result in cancellation or termination of such lease, such proceeds, after deducting therefrom any expenses incurred in the collection thereof, shall be used to reimburse the Trustor for the cost of rebuilding or restoring the buildings or improvements on said premises. In all other cases, such insurance proceeds, at the option of the Beneficiary, shall either be applied in reduction of the indebtedness secured hereby whether due or not, or in such order as Beneficiary may determine, or be held by the Beneficiary and used to reimburse the Trustor for the cost of the rebuilding or restoring the buildings or improvements on said premises. Such buildings and improvements shall be so restored or rebuilt as to be of at least equal value and substantially the same character as prior to the damage or destruction, and shall be in a condition satisfactory to Beneficiary. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. Any and all unexpired insurance shall inure to the benefit of, and pass to the purchaser of, the property conveyed at any Trustee sale held hereunder. 71C%1oanda6citytd1612l94 3 notice. Any and all unexpired insurance shall inure to the benefit of, and pass to the purchaser of, the property conveyed at any Trustee sale held hereunder. 3. To pay: (a) at least ten (10) days before delinquency, all general and special City and County taxes, and all assessments on appurtenant water stock, affecting such property, (b) when done, all special assessments for public improvements, without permitting any improvement bond to issue for any special assessment (c) when done, all encumbrances, charges and lines, with interest, on said property, or any part thereof, which are or appears to be prior to superior hereto, (d) if the security of this Deed of Trust is leasehold estate, to make any payment or do any act required of the Lessee or its successor in interest under the terms of the instrument or instruments creating said leasehold, (e) all costs, fees and expenses of this trust, (f) for any statement regarding the obligation secured hereby any amount demanded by Beneficiary not to exceed the maximum allowed by law thereof at the time when such request is made, (g) such other charges for services rendered by Beneficiary and furnished at Trustor's request or that of any successor in interest to Trustor as the Beneficiary may deem reasonable. If, by the laws of the United States of America, or of any state having jurisdiction over the Trustor, any tax is due or becomes due in respect to the issuance of the Note hereby secured, the Trustor covenants and agrees to pay such tax in the manner required by such law. Should Trustor fail to make any such payment, Beneficiary may elect to make such payment, Beneficiary may elect to make such payment and any amount so paid may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest. 4. That, should Trustor fail to make any payment or do any act as provided in this Deed of Trust, the Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may (a) make or do the same 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 said property for such purposes, (b) commence, appear in, or defend any action or proceeding purporting to affect the security hereof or the property covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, (c) pay, purchase, contest or compromise any encumbrance, charge or lien, which in the judgment of either is or appears to be prior or superior hereto, and (d) in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary, and any amount so expended may be added by Beneficiary to the indebtedness secured hereby and shall bear a like rate of interest. 5. To appear in and defend any action or proceeding purporting to affect the security hereof or the property which is covered by this Deed of Trust, or the rights or powers of Beneficiary or Trustee, and whether or not Trustor so appears or defends, to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including any action for the condemnation or partition of said premises, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 70EEaRENT106102I941B 4 f 6. To pay immediately and without demand, all sums expended under the terms of this Deed of Trust by Beneficiary or Trustee, with interest from the date of expenditure at the rate which the principal obligation secured hereby bears at the time such payment is made, and the repayment of such sums shall be secured hereby. 7. That, should the Trustor or any successor in interest to Trustor in such property drill or extract, or enter into a lease for drilling or extraction of oil, gas or other hydrocarbon substances or any mineral of any kind or character, or sell, convey, further encumber, or alienate said property, or any party thereof, or any interest therein, or be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, Beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby irrespective of the maturity date specified in any Note evidencing the same, immediately due and payable, and no waiver of this right shall be effective unless in writing. 8. "That any award, settlement or damages for injury or damages to such property, or in construction with the transaction financed by such loan, and any award of damages in connection with any condemnation for public use of or injury to said property, or any part thereof, is hereby assigned and shall be paid to Beneficiary, who may apply or release such monies received by it in such manner and with the same effect as above provided for the disposition of proceeds of fire or cther insurance. 9. That, by accepting payment of any sums secured hereby after its due date, or by making any payment, performing any act on behalf of Trustor, that Trustor was obligated hereunder, but failed, to make, or perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby, Beneficiary does not waive its right either to require prompt payment when due of all sums so secured or to declare a default for failure so to pay. 10. That at any time, or from time to time, without liability of the Beneficiary or Trustee thereof, and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and any Note secured hereby for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, or the lien of the Deed of Trust upon the remainder of said property for the full amount of the indebtedness then or thereafter secured hereby, or the rights or powers of Beneficiary or the Trustee with respect to the remainder of said property, Trustee may: (a) reconvey any part of said property, (b) consent to the making of any map or plat thereof, (c) join in granting any easement thereon, (d) join in any agreement subordinating the lien or charge hereof. 11. That the lien hereof shall remain in full force and effect during any postponement or extension of time of payment of the indebtedness secured hereby, or any part thereof. 12. That, upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and said Note or Notes to Trustee for cancellation and retention, and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such T.DEEDRENT10610219418 5 reconveyance of any matters of fact shall be conclusive of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Such request and reconveyance shall operate as re-assignment of the rents, issues, royalties and profits assigned to Beneficiary. Five (5) years after issuance of such full reconveyance, Trustee may destroy said Note and this Deed of Trust (unless directed in such request to retain them). 13. That as additional security, Trustor irrevocably assigns to Agency the rents, issues, and profits of the property affected by this Trust Deed for the purposes and upon the terms and conditions set forth below. This assignment shall not impose upon Agency any duty to produce rents from the property affected by this Trust Deed, or cause Agency to be (a) "mortgages in possession" for any purpose; (b) responsible for performing any of the obligations of the lessor under any lease; or (c) responsible for any waste committed by lessees or any other parties, for any dangerous or defective condition of the property affected by this Trust Deed, or for any negligence in the management, upkeep, or control of such rights to rents, issues and profits is not contingent upon, and may be exercised without possession of, the property affected by this Trust Deed. Agency confers upon Trustor a license ("License") to collect and retain the rents, issues and profits of the property affected by this Trust Deed as they become due and payable, until the occurrence of a default hereunder. Upon such default, the License shall be automatically revoked and Agency may collect and retain the rents, issues and profits without notice and without taking possessions of the property affected by this Trust Deed. This right to collect rents, issues and profits shall not grant to Agency or Trustee the right to possession, except as otherwise provided herein; and neither said right, nor termination of the License, shall impose upon Agency or Trustee the duty to produce rents, issues or profits or maintain all or any part of the property affected by this Trust Deed. If Trustor shall default as aforesaid, Trustor's right to collect any such money shall cease and Beneficiary shall have the right, with or without taking possession of the property affected hereby, to collect all rents, issues, royalties and profits and shall be authorized to, and may, without notice and irrespective of whether declaration of default has been delivered to Trustee and without regard to declaration of default has been delivered to Trustee and without regard to the adequacy of the security for the indebtedness secured hereby, either personally or by attorney or agent without bringing any action or proceeding, or by receiver to be appointed by the Court, enter into possession and hold, occupy, possess and enjoy the said property, make cancel, enforce and modify leases, obtain and eject tenants, and j set and modify rents and terms of rents, and to sue, and to take, receive and collect all or any part of the said rents, issues, and profits of the property affected hereby, and after paying such costs of maintenance, operation of said property, and of collection including !` reasonable attorneys' fees, as in its judgment it may deem proper, to apply the balance f upon any indebtedness then secured hereby, the rents, issues, royalties and profits of said property being hereby assigned to Beneficiary for said purposes. The acceptance of such rents, issues, royalties and profits shall not constitute a waiver of any other right which Trustee or Beneficiary may enjoy under this Deed of Trust or under the laws of California. j Failure of or discontinuance by Beneficiary at any time, or from time to time, to collect any such rents, issues, royalties or profits shall not in any manner affect the subsequent j enforcement by Beneficiary of the right, power and authority to collect the same. The receipt and application by said Beneficiary of all such rents, issues, royalties and profits pursuant hereto, after execution and delivery of declaration of default and demand for sale 710EEORENT10610219419 6 as hereinafter provided, or during the pendency of Trustee's sale proceedings hereunder, shall not cure such breach or default not affect said sale proceedings, or any sale made pursuant thereto, but such rents, issues, royalties and profits, less all costs of operation, maintenance, collection and reasonable attorneys' fees, when received by Beneficiary, shall be applied in reduction of the indebtedness secured hereby, from time to time, in such order as Beneficiary may determine. Nothing contained herein, nor the exercise of the right by Beneficiary to collect, shall be, or be construed to be, an affirmation by Beneficiary of any tenancy, lease or option, nor an assumption of liability under, nor subordination of the lien or charge of this Deed of Trust to, any such tenancy, lease or option. 14. That if the security of this Deed of Trust is a leasehold estate, the Trustor agrees that: (a) the term "Lease" as used herein shall mean the lease creating the "leasehold estate (b) Trustor shall not amend, change or modify his leasehold interest, or the Lease, or agree to do so, without the written consent of the Beneficiary; (c) Trustor will promptly advise Beneficiary regarding any notice, request or demand received by him from the lessor under the Lease and promptly furnish Beneficiary with a copy of any such notice, request or demand; (d) as long as any of the indebtedness secured hereby shall remain unpaid, unless the Beneficiary shall otherwise consent thereto in writing, the leasehold estate shall not merge with the fee title but shall always be kept separate and distinct, notwithstanding the union of said estates in any party; (e) Trustor agrees that it will promptly, strictly, and faithfully perform, fulfill, and comply with all covenants, agreements, terms, conditions and provisions under any lease affecting the premises and to neither do anything, nor to permit anything to be done which may cause modification or termination of any such lease or of the obligations of any lessee or person claiming through such lease or the rents provided for therein or the interest of the lessor or the Beneficiary therein or thereunder. Trustor further agrees he will not execute a Deed of Trust or mortgage which may be or become superior to any leasehold estate that is security for this Deed of Trust. In the event of a violation of any of the covenants set forth in this paragraph, Beneficiary shall have the right, at its option, to declare all sums secured hereby immediately due and payable. Consent to or waiver of one of said violations shall not be deemed to be a consent to or waiver or any other violation. It the security for this Deed of Trust is a leasehold estate, the term "property" as used in this Deed of Trust shall be deemed to mean the leasehold estate whenever the context so requires for the protection of the Beneficiary. 15. That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement, and the Promissory Note, if applicable, hereunder, and upon default by Trustor under the terms of any encumbrance, charge or lien which is or appears to be prior or superior hereto, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary shall also deposit with Trustee this Deed of Trust and any Notes and all documents evidencing expenditures, secured hereby. After the lapse of such time as then may be required by law following recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in such notice of sale, whether as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for case in 7XDCEDRENTX06102194/8 7 lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its Deed conveying the property so sold, but without any covenant or warranty, express or implied. The recital in such Deed of any matters of fact shall be conclusive of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. Trustee may also sell at any such sale and as part thereof any shares of corporate stock securing the obligations secured hereby, and Trustor waives demand and notice of such safe. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand and notice of such safe). After deducting all costs, fees and expenses of Trustee, and of this Trust, including cost of evidence of title in connection with this sale, Trustee shall apply the proceeds of sale to payment, first; all sums expended under the terms hereof, not then repaid, with accrued interest at the rate then payable under the Note or Notes secured hereby, and then of all other sums secured hereby, and, if there are any proceeds remaining, shall distribute them to the person or persons legally entitled thereto. 16. To waive, to the fullest extent per by law, the right to plead any statute of limitations as a defense to any demand secured hereby. 17. That Beneficiary may, from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed and acknowledged by Beneficiary and recorded in the office of the recorder of the county or counties where such property is situated, shall be conclusive proof of property substitution of such successor Trustee or Trustees, who shall, without conveyances from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties, including but not limited to the power to reconvey the whole or any part of the property covered by this Deed of Trust. Such instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded. If notice of default shall have been recorded, this power of substitution cannot be exercised until after the costs, fees and expenses of the then acting Trustee shall have been paid to such Trustee, who shall endorse receipt thereof upon such instrument. The procedures herein provided for substitution of Trustee shall not be exclusive of other provisions for substitution provided by law. 18. That this Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees; devisees, administrators, executors, successors and assigns. The term "Beneficiary" shall mean the owner and holder, including pledgee, of the Note secured hereby, whether or not names-as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 19. That in the event the property secured by this Deed of Trust is income producing property consisting of four units or more, Trustor agrees to file with Beneficiary, at Beneficiary's request, monthly, on or before the 15th day of each month, a written operational report. Such operational report shall contain a brief but complete statement of the month's income and expenses of such property, a list of all vacancies, and a statement of any material change in the property or business carried on therein for such period. 71DEEDREH71061021941B 8 20 That in the event of a demand for and the preparation and delivery of a written statement regarding the obligations secured by this Deed of Trust pursuant to Sections 2943 and 2954 of the Civil Code of California Beneficiary shall be entitled to make a reasonable change not exceeding the maximum amount which is permitted by law at the time the statement is furnished Beneficiary may also charge Trustor a reasonable fee for any other services rendered to Trustor or rendered in Trustor s behalf in connection with said property of this Deed of Trust including changing Beneficiary s records pertaining to this Deed of Trust and the loan secured hereby in connection with the transfer of said property or releasing an existing policy of fire insurance or other casualty insurance held by Beneficiary and replacing the same with another such policy 21 That Trustee accepts this Trust when this Deed of Trust duly executed and acknowledged is made a public record as provided by law Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor Beneficiary or Trustee shall be a party unless brought by Trustee 22 That should this Deed of Trust or any Note secured hereby provide any fee for prepayment of any indebtedness secured hereby Trustor agrees to pay said fee, if any, of said indebtedness shall be paid prior to the due date thereof stated in said Note or this Deed of Trust even if notwithstanding Trustor shall have defaulted in payment thereof, or in performance of any agreement hereunder and Beneficiary by reason thereof, shall have declared all sums secured hereby immediately due and payable 23 That Trustor has made certain representations and disclosures in order to induce Beneficiary to make the loan evidenced by the Promissory Note or Notes which this Deed of Trust secures and in the event that Trustor has made any material misrepresentation or failed to disclose any material fact Beneficiary at its option and without notice shall have the right to declare the indebtedness secured hereby irrespective of the maturity date specified in such Note or Notes immediately due and payable, and on failure to so pay Beneficiary may make a written declaration of default and demand for sale as in paragraph No 15 herein set forth Trustee upon presentation to it of an affidavit signed by Beneficiary setting forth facts showing a default by Trustor under this paragraph is authorized to accept as true and conclusive all facts and statements therein and to act thereon hereunder Any notice which any party hereto may desire or be required to give to the other party shall be in writing The mailing thereof must be certified mail addressed to the Trustor at his address hereinabove set forth or to the Beneficiary at his office or at such other place as such parties hereto may designate in writing 7\DEEDRENT\06/02/94/B 9 �X PARCEL 1: UNIT N7. 43, CCNSIMMU OF CERIAIN AIRSPACE AND SURFACE EM=- , AS SHOD Zl AMID DESCRIBED IN THE CaNDOMWIM PLAN ("PLXIII) FCR ERISAS DEL, F%R LCCA= ON LOT 1 OF TRACT 14757, AS MKM ON A =IVISICTl PAP RECORDED ON SEPMMER 1, 1993, IN BOOK 701, PACES 42 TIRaM 43, IN=SIVE OF MSCELTANIDOU.S WiPS, IN TIE OFFICE OF 711E ORANGE 03UNTY RECORDER ("OFFICIAL RECORDS") ,) , WHICH PLAN WAS RECORDED ON SEP'MZER 15, 1993, AS IIVS'II MUT ND. 93-0621742, OF OFFICIAL REODRDS, CALIFORNIA. PARCEL 2: AN LNDIVIDED CNE FORTY-F17URTH (1/44) FEE SIMPLE INTEREST AS A TWUNT IN CZriT124 IN AND TO NTJD(]LE B SHOWN CN THE PLAN AND DEFINED IN THE DECSARATICN REF'IIZRED TO SF.LCW AS THE "WT4W AREA". EXCEPT =EFRCM'i ALL OIL, CAS, MM RALS AND an-ER HYDRDOIRBW SU== LYING BEWI A DEPTH OF 500 FEET WIT= ANY RIGLT TO EN= UFCN THE SURFACE CR THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 500 FEET, AS PROVIDED IN RZIRU-MITTS OF RECX3RD. PARCEL 3: NONEXCLUSIVE FAMENTS FOR ACCESS, INGRESS, EGRESS, USE, EIUC} ll=, DAAIlIAME, ENCROACT-=, SUPPORT, KUNIETrNCE, REPAIRS AND FOR 0711Et PURPOSES, ALL AS MAY BE SHOtN IN THE PLAN, AND AS ARE DESCR= IN THE DEC7ARATICN. PARCEL 4: EXCLUSIVE FAS&NOn5 APPURIECANT TO PARCELS NO. 1 AND ND. 2 DESCR=- _ ABOVE FOR USE FOR PARKIM PURPOSES DESCRIBED AS EXCLUSIVE USE AREAS IN THE DECLARATION, OVER PORTICNS OF LOT 1 OF TRACT 14757 Sf$ qN AND ASSIWED IN TrE PLAN. PARCEL 5: AN EXCLUSIVE EASEMENT APPURIEWr M PARCELS ND. 1 AND NO. 2 DE:SCRIIED ABOVE, FOR USE FOR PATIO, BALCCNY, AND FIRE ESCAPE SIAIRCASE PURPOSES DE:S AS EXCLUSIVE USE AREAS IN THE DEC LARATICN, AS APPLICABLE, OVER PORIZC NS OF Wr L OF TRACT 14757 AS SHOVu-1, ASSIGM A'1ID DESCRIBED IN THE PLAN. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO 5907 State of -�� County of lot �� On & 9L/ before me, DATE T HIE.TiiLE OF OFFICER-E- AWE DOE.NOTARY PUBLIC- personally appeared NAME(S)OF SIGNER(S) 0'0ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose nameo CissAm-- subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in h sljg)their authorized ;;=s� capacityNes), and that by his4E�)theirr LINDA WE SURACI signatureK on the instrument the persong, N° '� OCXLV4G COUNry or the entityupon behalf of which the Pr E ^ En*ej persono acted, executed the instrument. Augur 21. 1995 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL i Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent f.-audulent reattachment of this form. i CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT �❑ 1 VIDUAL 1 C RPORATE OFFICERAze--ec TITLE QA TYPE OF DOCUMENT ITLE1s) i ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEES) ❑ GUARDIAwCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: f.AME O PE CSQN(S)OR ENTMOES1 SIGNER(S)OTHER THAN NAMED ABOVE I i 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmel Ave.,P.O.Box 7184-Canoga Park.CA 91309.7184 i 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. TRUSTEE: TRUSTOR: THE CITY OF HUNTINGTON BEACH Mayor BY: By: BENEFICIARY: THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH r _ Chairperson APPROVED AS TO FORM: ATTEST: �Iictrtf Agenc5y.Counsel q� Agency ClerlClClerk G-z3- v 6 C, 7%DEEDRENT106l0219418 10 C saw Zi L� } STATE OF CALIFORNIA }ss. COUNTY of oRANGE } On DUNE 28,1994 , before me, SALPY GIRAGOSSIAN , personally appeared PATRICK M. MELVIN AND NELIDE ITO , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his,'her/their signature(s) on the instrument the pe-son(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offi 'al seal. Signatur �,. SALPY GRAGOSSIAN ' �- cohllm.01022263 ai Im :�=sc NOTARMBLIC-CALFORNIA :0 = t ORANGE COUNTY —+ (This area for oth,aat not3r,at seatf W Comm.ExPims Awil3.t998 I I Title of Document Da`e of Document No. of Pages Other signatures not acknowledged 3008 0 94)(Gere,an First American Twe Insufance CornDany CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: File of Patrick and Nelide Melvin FROM: Dan Bruening,Housing Rehabilitation Manager SUBJECT: Revision made to Loan documents DATE: November 13, 1995 Property address is 409 Utica D 39, Huntington Beach Ca, 92648 Amount of loans are CDBC=$10,000, Redet-clopmei:t Funds=$35,000 Loan Agreement Signing was 28 June, 1994 During the review of the loan document for completeness by Kristine Price, Consultant, a few items were found to have been left blank In an attempt to correct this problem, the blanks were filled in after recordation. A letter .was sent to Afr.And Airs. Afelvin on September 25, 1995 requesting that they review the documents and initials the changes and have their signatures re-acknowledged before a notary so that Ilse documents can be re-recorded There has been no response to the letter as of this date- The documents are recorded and the City interest is protected in case of non- payment. • City of Huntington Beach 2000 MAIN STREET CALI FORNIA 92648 DEPARTMENT OF ECONOMIC DEVELOPMENT Office of the Director 5365582 Housing 5365542 Redevelopment 5365582 Fax (714) 375 5087 September 25 1995 Patnck& Nelide Melvin 409 Utica D-39 Huntington Beach Calif 92648 SUBJECT Deed of Trust and Loan Agreements Dear Mr & Mrs Melvin It has come to our attention that some of the dates and other spaces on your deed of trust and loan agreement with the City of Huntington Beach were left blank To rectify these errors we would like to schedule a time when both of you can come to City Hall to have your signature re- notarized for recording your documents with the county recorder I have attached a copy of the documents for your review to assure you that these changes reflect no changes in the intent of the documents Please call myself or the City Clerks office to make an appointment at your convenience for your review of the documents for re-recording My phone number is (714) 536-5901 or the City Clerk s office number is (714) 536-5227 You may each visit the office separately to re-notarize the documents if it is not possible for you to come together Please bring a picture form of identification for the notary also please bring identification of Mrs Melvin under the name of Nelide Ito If you have any question or concerns please give me a call and I will assist you in any way I can Sincerely Daniel E ruening Housing Rehab Manager xc City Clerk DEB ee GUetterWoc ALTA Wan ftl%cy E 1 ■/1 Form 1 t,o-,�•s2i Policy of Title Insurance Issued By M 183-415 U 31 TRW Title Insurance Company . SUSJECTTOTHE EXCLUSIONS FROM COVERAGE,THE EXCEFtIONS FROM COVERAGE CONTAINED IN SCHEDULE 13 AND THE CONDITIONS AND STIPULFnONS,TRW TITLE INSURANCE COMPANY,a IGansas corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insur- ance 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. Unmarketabiiity of the title; 4. Lack of a right of access to and from the land; a The invalidity or unenforceability of the lien of the insured mortgage upon the title; a The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Lack of priority of the lien of the insured mortgage over any statutory lien for services,labor or material: (a) arising from an improvement or work related to the la-ld which is contracted for or commenced prior to Date of Policy;or (b) arising from an improvement orwork related to the land which Is contracted for or commenced subsequent to Date of Policy and which is financed in whole or In part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. Any assessments for street improvements under construction or completed at Date of Policy which now have gained or hereafter may gain priority over the Insured mortgage;or 9. The invalidity or unenforceability of any assignment of the insured mortgage,provided the assignment is shown in Schedule A,orthe failure of the assignment shown In Schedule A 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. TRH' Title Insurance Company* L,,oj,4 ATTEST Countersigned by: lZ— -,- Secmary Authorized a5cw Or Ag6M 4W EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and statutory lien for services labor or material or the extent insurance is afforded the Company will not pay loss or damage costs attorneys fees or expenses which herein as to assessments for street Improvements under construction or com arise by reason of pleted at Date of Policy) or 1 (a) Any law ordinance or governmental regulation(Including but not limited to (e) resulting in loss or damage which would not have been sustained if the in building and zoning laws ordinances or regulations)restricting regulating sured claimant had paid value for the Insured mortgage prohibiting or relating to (I)the occupancy use or enjoyment of the land 4 Unenforceability of the lien of the insured mortgage because of the inability or (n)the character dimensions or location of any improvement now or hereafter failure of the insured at Date of Policy or the inability or failure of any subsequent erected on the land (III)a separation in ownership or a change in the dimen owner of the indebtedness to comply with the applicable doing business laws sions or area of the land or any parcel of which the land is or was a part of the state in which the land is situated or(iv)environmental protection or the effect of any violation of these laws 5 Invalidity or unenforceability of the lien of the insured mortgage or claim thereof ordinances or governmental regulations except to the extent that a notice which arises out of the transaction evidenced by the insured mortgage and is of the enforcement thereof or a notice of a defect lien or encumbrance resulting based upon usury or any consumer credit protection or truth in lending law from a violation or alleged violation affecting the land has been recorded in 6 Any statutory lien for services labor or materials(or the claim of priority of any the public records at Date of Policy statutory lien for services labor or materials over the lien of the insured mort (b) Any governmental police power not excluded by(a)above except to the extent gage)arising from an improvement or work related to the land which is contracted that a notice of the exercise thereof or a notice of a defect lien or encum for and commenced subsequent to Date of Policy and is not financed in whole brance resulting from a violation or alleged violation affecting the land has or in part by proceeds of the indebtedness secured by the insured mortgage which been recorded in the public records at Date of Policy at Date of Policy the insured has advanced or is obligated to advance 2 Rights of eminent domain unless notice of the exercise thereof has been recorded 7 Any claim which arises out of the transaction creating the interest of the mortgagee in the public records at Date of Policy but not excluding from coverage any taking insured by this policy by reason of the operation of federal bankruptcy state which has occurred prior to Date of Policy which would be binding on the rights insolvency or similar creditors rights laws that is based on of a purchaser for value without knowledge (a) the transaction creating the interest of the insured mortgagee being deemed 3 Defects liens encumbrances adverse claims or other matters a fraudulent conveyance or fraudulent transfer or (a) created suffered assumed or agreed to by the insured claimant (b) the subordination of the interest of the insured mortgagee as a result of the (b) not known to the Company not recorded in the public records at Date of Policy application of the doctrine of equitable subordination or but known to the insured claimant and not disclosed in writing to the Com (c) the transaction creating the interest of the insured mortgagee being deemed pany by the insured claimant prior to the date the insured claimant became a preferential transfer except where the preferential transfer results from the an insured under this policy failure (c) resulting in no joss or damage to the insured claimant (I) to timely record the instrument of transfer or (d) attaching or created subsequent to Date of Policy(except to the extent that (II) of such recordation to impart notice to a purchaser for value or a judge this policy insures the priority of the lien of the insured mortgage over any ment or lien creditor CONDITIONS AND STIPULATIONS 1 DEFINITION OF TERMS contractual condition requiring the delivery of marketable title or interest or the lien of the insured mortgage as insured and The following terms when used in this policy mean 2 CONTINUATION OF INSURANCE which might cause loss or damage for which the Company may (a) insured the insured named in Schedule A The term (a) After Acquisition of Title The coverage of this policy be liable by virtue of this policy or(niiftitle to the estate or insured also includes shall continue in force as of Date of Policy in favor of(i)an insured interest or the lien of the insured mortgage as insured is re (i) the owner of the indebtedness secured by the insured who acquires all or any part of the estate or interest in the land jected as unmarketable If prompt notice shall not be given to mortgage and each successor in ownership of the indebtedness by foreclosure trustees sale conveyance in lieu of foreclosure the Company then as to the insured all liability of the Com except a successor who is an obligor under the provisions of or other legal mannerwhich discharges the lien of the insured pany shall terminate with regard to the matter or matters for Section 12(c)of these Conditions and Stipulations(reserving mortgage (ii)a transferee of the estate or interest so acquired which prompt notice is required provided however that failure however all rights and defenses as to any successor that the from an insured corporation provided the transferee is the to notify the Company shall in no case prejudice the rights of Comre unless the successor acquired would have had the indainst ebtedness as a purchaser redecessor insured parent or wholly owned subsidiary of the insured corporation judiced by he fa insured ilure anr this d then on unless ly to the extenpt of the pre ud shall be ice for value without knowledge of the asserted defect lien and their corporate successors by operation of law and not by encumbrance adverse claim or other matter insured against purchase subject to any rights or defenses the Company may 4 DEFENSE AND PROSECUTION OF ACTIONS by this policy as affecting title to the estate or interest in the land) have against any predecessor insureds and(iii)any govern DUTY OF INSURED CLAIMANT TO COOPERATE (n) any governmental agency or governmental instru mental agency or governmental instrumentality which acquires (a) Upon written request by the insured and subject to mentality which is an insurer or guarantor under an insurance all or any part of the estate or interest pursuant to a contract the options contained in Section 6 of these Conditions and contract or guaranty insuring or guaranteeing the indebtedness of insurance or guaranty insuring or guaranteeing the in Stipulations the Company at its own cost and without secured by the insured mortgage or any part thereof whether debtedness secured by the insured mortgage unreasonable delay shall provide for the defense of an insured named as an insured herein or not (b) After Conveyance of Title The coverage of this policy in litigation in which any third party asserts a claim adverse (iii) the parties designated in Section 2(a) of these shall continue in force as of Date of Policy in favor of an in to the title or interest as insured but only as to those stated Conditions and Stipulations sured only so long as the insured retains an estate or interest causes of action alleging a defect lien or encumbrance or other (b) insured claimant an insured claiming loss or in the land or holds an indebtedness secured by a purchase matter insured against by this policy The Company shall have damage money mortgage given by a purchaser from the insured or the right to select counsel of its choice(subject to the right (c) knowledge or known actual knowledge not only so long as the insured shall have liability by reason of of the insured to object for reasonable cause)to represent the constructive knowledge or notice which may be imputed to an covenants of warranty made by the insured in any transfer or insured as to those stated causes of action and shall not be insured by reason of the public records as defined in this policy conveyance of the estate or interest This policy shall not con liable for and will not pay the fees of any other counsel The or any other records which impart constructive notice of matters tinue in force in favor of any purchaser from the insured of either Company will not pay any fees costs or expenses incurred by affecting the land (i) an estate or interest in the land or(ii) an indebtedness the insured in the defense of those causes of action which allege (d) land the land described or referred to in Schedule secured by a purchase money mortgage given to the insured matters not insured against by this policy (A) and improvements affixed thereto which bylaw constitute (c) Amount of Insurance The amount of insurance after (b) The Company shall have the right at its own cost to real property The term land does not include any property the acquisition or after the conveyance shall in neither event institute and prosecute any action or proceeding or to do any beyond the lines of the area described or referred to in Schedule exceed the least of other act which in its opinion may be necessary or desirable (A) nor any right title interest estate or easement in abutting (i) The amount of insurance stated in Schedule A to establish the title to the estate or interest or the lien of the streets roads avenues alleys lanes ways or waterways but (ii) The amount of the principal of the indebtedness insured mortgage as insured or to prevent or reduce loss or nothing herein shall modify or limit the extent to which a right secured by the insured mortgage as of Date of Policy interest damage to the insured The Company may take any appropriate of access to and from the land is insured by this policy thereon expenses of foreclosure amounts advanced pursuant action under the terms of this policy whether or not it shall (e) mortgage mortgage deed of trust trust deed or to the insured mortgage to assure compliance with laws or to be liable hereunder and shall not thereby concede liability or other security instrument protect the lien of the insured mortgage prior to the time of waive any provision of this policy If the Company shall exer (f) public records records established under state acquisition of the estate or interest in the land and secured cise its rights under this paragraph it shall do so diligently statutes at Date of Policy for the purpose of imparting con thereby and reasonable amounts expended to prevent deteno (c) Whenever the Company shall have brought an action structive notice of matters relating to real property to purchasers ration of improvements but reduced by the amount of all or interposed a defense as required or permitted by the prove for value and without knowledge With respect to Section 1(a)(iv) payments made or sions of this policy the Company may pursue any litigation to of the Exclusions From Coverage public records shall also (iii) The amount paid by any governmental agency or final determination by a court of competent jurisdiction and include environmental protection liens filed in the records of governmental instrumentality if the agency or instrumentality expressly reserves the right in its sole discretion to appeal the clerk of the United States district court for the district in is the insured claimant in the acquisition of the estate or interest from any adverse judgment or order which the land is located in satisfaction of its insurance contract or guaranty (d) In all cases where this policy permits or requires the (g) unmarketability of the title an alleged or apparent 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT Company to prosecute or provide for the defense of any ac matter affecting the title to the land not excluded or excepted The insured shall notify the Company promptly in writing(i) tion or proceeding the insured shall secure to the Company from coverage which would entitle a purchaser of the estate in case of any litigation as set forth in Section 4(a)below (ii) the right to so prosecute or provide defense in the action or or interest described in Schedule A or the insured mortgao in case knowledge shall come to an insured hereunder of an proceeding and all appeals therein and permit the Company to be released from the obligation to purchase by virtue r claim of title or intereat which is adverse to the title to the esf to use at its option the name of the insured for this purpose 4007 - (continued on inside back cover) ALTA LOAN POLICY V SCHEDULE A, TOTAL FEE POR TITLE, EXAM00TIC0 A D TITLE INSURANCE $300.00 AMOUNT OF INSURANCE: $35,000.00 LOAN NO. MELVIN ORDER NO. 216739-3 POLICY NO. M. 183-415031 DATE OF POLICY: JULY 1, 1994 AT: 3:59 P.M. 1. NAME OF INSURED: THE REDEVELOPi Egr ACETCY OF THE CITY OF 111 T V13DON EF M14 A PUBLIC BODY CORPORATE AND POLITIC 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IIIN SC HE= A AND MUCH IS COVERED BY 'THIS POLICY IS: A CONDCtM'ILM AS DEFINED IN SECTION 783 OF THE CII&CRN7A CIVIL CODE, LET FEE. 3. THE ESTATE OR INTEREST REFERRED TO HEREIN, IS AT DATE OF POLICY VESTED IN: PATRICK M. MELVIN AMID NELIDE ITO, HUSBAND AND WIFE, AS JOINT ZEMINTS 4. THE MORTGAGE, HEREIN REFERRED TO AS THE INSURED MORTGAGE, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS F OLLOKS: A DEED OF TRUST TO SECURE AN AMOUNT: $35,000.00 TRUSZOR: PATRIC K & NZELIDE M=- VIN TRUSTEE: THE CITY OF HUNTENGiC;R BE i BENEFICIARY: THE RIDEVELOBIENTT AGENCY OF THE CITY OF HUMPINlGGT V BEACH, A PUBLIC BODY CORPORATE AND POLITIC DATED: NC7T SHOWN RECORDED: JULY 1, 1994 AS rZ RU,0rl NO. 94-437386, OF OFFICIAL RECORD GLUM ND. : 216739-3 PME ND. : 2 SCHEDULE A 5. THE LADED REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLMgS: THE LAND IS SITUATED IN THE STATE OF CALIFORPFIA COUNTY OF ORANGE PARCEL 1: UNIT NO. 39, CONSISTING OF CERTAIN AIRSPACE AND SURFACE EI WIS, AS SIUQN AND DESCRIBED IN 'IHE OONMMULM PLAIT ("PLAN") FOR BRISFS DEL MAR LOCATED ON LOT 1 OF TRACT 14757, AS -cMN C[Q A SUBDIVISION' NAP REOORDE D ON SEMEMBER 1, 1993, IN BOOK 701, PMM 42 7HROMI 43, INCLUSIVE OF MISS NAPS, IN 'THE OFFICE OF THE ORANGE OoUNIY RECIDRDER (-'OFFICIAL RECORDS") , WHICH PLAN WAS RECDRDED ON SEPTENBER 15, 1993, AS INSTRUM TT NO. 93-0621742, OF OFFICIAL REOORDS, CALIFORVM. PARCEL 2: AN UNDIVIDED CUE FORTY-FOURTH (1/44) FEE SIMPLE INT=FST AS A 7II1rANTT IN MDEN IN AND TU M'?DULE B SHOM ON THE PLAIT AND DEFINED IN 'III DECLARATION REFERRED TKO BMW AS THE "M14W AREA". EXCEPT T�-,CM ALL OIL, GAS, MERAIS AND O TM R HYM SUBSM1,4CE'S LYING BUJ A DEPTH OF 500 FEET WITHGUT ANY RIGHT TO Ell= UPON THE SURFACE OR THE SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 500 FEET, AS PFDVIDED IN IMMUMENTS OF REOJORD. PARCEL 3: NONEXCLUSIVE FASE= FOR ACCESS, INGRESS, EGRESS, USE, E[�J' OYM=, DRAIN, ENCROAMTENT, SUPPORT, MINTENAME, REPAIRS AMID FM OITIER PURPOSES, ALL AS MAY BE MM IN =- PLAN, AND AS ARE DESCRIBED IN THE DECLARATION. PARCEL 4: EXCLUSIVE EASEMENTS APPURT0TTM TO PARCELS NO. 1 AND NO. 2 DESCRIBED ABOVE FOR USE FM PARKING PCiR = DESCRIBED AS EXCLUSIVE USE AREAS IN THE DECLARATION, OVER PORTIONS OF IOT 1 OF TRACT 14757 cMW AND ASSIGNID IN THE PLAN. PARCEL 5: AN EXCLUSIVE EASEMENT APPU RTOIANT 'ILO PARC MS NO. 1 AND NO. 2 DESCRIBED ABOVE, FOR USE FOR PATIO, BMMY, Ate] FIRE Fc"M STAIRCASE PURPOSES DESCRIDED AS EXCLUSIVE USE AREAS IN TIC DURATION, AS APPLICABLE, M-ER PORTIONS OF LOT 1 OF TRACT 14757 AS SL3V, ASSIQNED AND DESCRIBED IN TFE PLAN. a DEIIZ NO. : 216739-3 kw� ALTA. LGIAN POLICY PACE NO. : 3 SCHEDULE B PART I THIS POLICY DOES NOT INSURE AGAINST LfJSS OR n?V,AGv (AMID 'II-iE 03'4PANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY RFASM OF: C. CMMM AND SPECIAL TAXES, A LIEN NOT YET PAYABLE, FOR THE FISCAL YEAR 1994- 1995. D. THE LIEN OF SUPPLII4E= TAXES, IF ANY, ASSESSED R SU7= TO GIAPIII2 3.5 Ca4vENCING WITH SECTION 75 OF THE CALIFMNIA REVENUE AND TAXATION CODE. 1. THE EFFECT OF A C7CIMMTY OIL AND GAS LEASE EXECUTED BY LOUIS MOM AMID E OISE B. BENESM, HIS WIFE AND BY OTTER PERSONS AS TO OIHER LAID, AS LESSORS, AND BY allMBIA LEASING AND DEVEIAPMr, MEAN.[, A OORPCRATICN, AS LESSEE, RECORDED NIOVEMER 6, 1920 IN BOOK 16, PAGE 198 AMID RE-RECORDED AU= 11, 1921 IN BOOK 25, PAGE 247 OF LASES, BOTH OF LEASES, TO MUCH RECORD REFERENCE IS NADE FOR FULL PARTIC T-PM. 2. AN. EASIIMNT FOR PIPE LINES AND INCIDIIN`IP,L FUUMES, AS G WI'ED M HLINTINGION' BEACH 011FANY IN THE DEED RECORDED IN FAOK 319, PAGE 149 OF DF.EI)6, OF OFFICIAL RECORDS, ATANG THAT PORTION Or- SAID LADED AS MORE PARTICULARLY DEsaz= IN SAID INSTRi =. 3. COVE ANTS, OONDITIONS AND RESTRICTIONS TIC AN INSTRUMENT RECORDED IN BOOK 319, PAGE 149 OF DEEMS, OF OFFICIAL RECORDS. THE PROVISIC)NS, IF ANY, OF SAID IlQST'MENT WHICH PROVIDE RESTRICTICNS BASr,D CST RACE, COIAR, RELIGICN OR NATICtM ORIGIlC ARE DELETED. 4. &N EASEITT FOR PIPE, POLE I= AND INCTDF3ML PURPOSES, AS G?ANTID TO PEIROLELM MIULXY OON>pANY, LTD., IN THE = RECORDED IN BOOK 578, PAGE 269 OF D=S, OF OFFICIAL RECORDS, ACING THAT PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID INSIRL=. 5. A'V EAS'EN= FOR PIPE LM AND R CIDENM PURPOSES, AS MANTED TO SEANDAM OIL CavlPANY OF CALIFORNIA IN THE DEED RECORDED IN BOOK 865, PAGE 15 OF OFFICIAL RECRRDS, AL= THAT PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID I SSI UlENT. 6. AN EASEly= FOR PIPE LINES KM INCTDEN. M PURPOSES, AS GRANTED TO STAMARD OIL MEANY OF CALIFORNIA AM STANDARD GASOLINE OMPANY, IN THE DEED P---=ED IN BOOK 3577, PAGE 119 OF OFFICIAL RF3CORDS, AT_= THAT PORTION OF SAID LAND AS NJC?RE PARTICULARLY DESCRIBED IN SAID IN=X=. 7. AN E*Tl� IT FOR PIPE I= AND INCIDE IIAL PUURPOSES, AS GR;LWM TO THE TES COMPANY, A CORPORATION, IN THE DEED REOORDED IN BOOK 3660, PAGE 257 OF OFFICIAL REMRAS, ALCNG THAT PORTION OF SAID LF,I`ID AS I ME PARTICULARLY DESCRIBED IN SAID INSMUME TT. 8. AN EASEMENT FOR PUBLIC UTILITIES AND INCIMIIAL PURPOSES, AS GRANTED TO THE ORAL =MUdE MMFANY OF CALIFORNIA, A CORPORATION, IN DEED RECORDED AS INSI'RLMENT NO. 87-440298 OF OFFICIAL RECORDS, A= THAT PORTICI`I OF SAID LAND AS MRE PARTICULARLY DESCRIBED IN SAID INS'IR V=. SAID DEED PROVIDES THAT NO BUILDIM OR STRUCILIItE SHALL BE PLACED OR M2 I'A NED C tl SAID EASE ENr. CRUM NO.: 216739-3 PA'- NO. : 4 9. THE TERMS, PROVISICNIS AMID CONDITIONS ClWlAINED IN A DC EENT ENTITLED "AFFORDABLE HOUSING RESTRICTION AND COVENANT", EXECUTED BY AMID BMMM BEAa-TR NT LAKE STREET PROPERTIES AMID TfM CITY OF HUNTI MUN BEACH, RECORDED SEPIEVM R 2, 1987 AS INSTMEENT NO. 87-500026 OF OFFIML RECORDS. 10. AN FASD= FOR PUBLIC UTILITIES AND INCMMII'AL PURPOSES, AS GMNTED TO SOUTHERN CALIFORNIA EDISON WTANY, A CORPORATION, IN DEED RF-a= AS INSTRLMENT NO. 87-534842 OF OFFICIAL RECORDS, AIM THAT PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID INSTRG=. 11. AN FASIIENr FOR WATER MAIN AND INCIDIIITAL, PURPOSES, AS GRANTED TO THE CITY OF HC UING'Ul BEACH, A MMICIPAL aMPORATION IN 7 E DEED RECORDED AS INSLRLMENT NO. 87-583411 OF OFFICIAL RECORDS, ALCM THAT PORTION OF SAID IMAM AS MORE PARTICULARLY DESCRIBED IN SAID INSIRV4NT. 12. THE EFFECT' OF A SUBSURFACE OIL AND GAS LEASE, E}0✓C.L= BY GILBIItT M. WILSON ADM ELEANDR E. WILSON, HUSBAND AND WIFE, AS LESSOR, AND AN GUS PE7ROLEUM CORPORATICN, A DEL -DARE CORPORATION, AS LESSEE, RBCCRDED APRIL 18, 1989 AS INSTRLMEtiTl` NO. 89-201848 OF OFFICIAL RECORDS, OME:E= THE LAND LYING BEMW A DEPTH OF FIVE HUNDRED (500) FEET FROM 'THE SURFACE THEREOF, WITHOUT THE RIOT OF SURFACE ENTRY ABOVE SAID DEPTH, FOR THE PERIOD AND UPON THE TERMS, COVENANTS AND C(MITICUS THEREIN PROVIDED, REFERMCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. 13. THE TERMS, PROVISIONS AND C20ITICNS CONTAINED IN A DOCLFaTr ENTITLED "DECLARATIM OF RESTRICTIONS AND SUBDIVISICBV CIONSaTI'S", EDMCLTIED BY DELAMRE II, A CALIMUTIA IMITED PART M%UP, RECORDED APRIL 6, 1993 AS RMRU= NO. 93-0230267 OF OFFICIAL RECORDS. 14. THE; FACT THAT THE UVE S OF SAID LAM IMVE NO RIOTr OF VEHICULAR ACCESS TO DELMWE MMEEE•T, UTICA AVENUE AvID CALIFORNIA STREET, EXCEPT AT SPECIFIED POINTS, SAID R.IGITS HAVING BEEN RELINQUISHED BY DEDICATION PROVISIONS ON THE NAP OF SAID TRACT. IS. AN INS'TR MqT ENTITLED "CIMMMTMA PLAN" RECORDED SEPI'EAMM 15, 1993 AS INSIRUfvl Nr NO. 93-0621742 OF OFFICIAL R.EOCEDS; REFERENCE BEING MADE TO THE RECORD TLErRBOF FOR FULL PARTICULARS. ORDER NO. : 216739-3 �..1 PACE NO. : 5 16. MATTERS IN AN INSTRumm mCH p4mm 011-TR THINGS CONTAIN OR EKE PROVISICOIS FUR ASSESSMENTS AND LIENS AMID THE SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITION; RESTRICTIONS ON SEVERABILITY OF compomT IlVIERFS"LS; PROVISIONS FOR CERTAIN EASEMENTS AMID/OR ENCROACHMENTS; AND O02NTTZAkM191N13 COVENANTS, C0NDrrIQ NS AND RESTRICTIONS WHICH PROVIDE THAT A VIOLATION' THEREOF SHALL NDT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORIWE OR DEED OF TRUST IN GOOD FAITH AND FOR VPIUS, RECORDED, AS INSTRUMENT NO. 93-0625045 OF OFFICIAL RECORDS. THE PROVISIONS, IF ANY, OF SAID INSLRLx'Et7T WIMOI PROVIDE RESTRICTIONS BASED ON RAGE, COLOR, RELIGION OR NAa1rNAL ORIGIN' ARE DELETED. SAID INSTRLIETT MAY PROVIDE FOR LEVYING R07R AR AS WELL AS SPECIAL N rTI'THSTAMDING THE NIJR RGTAGG E PROTECTION CLAESE C09NOT D IN THE ABOVE MENTIONED COVENANTS, CONDITIONS AMID RESTRICTIONS, THEY PROVIDE THAT THE LIENS AMID CHARGES FOR UPKEEP AND MAINTENANCE ARE SUBORDE9ATE OILY TO A FIRST MORTGAGE. P01 INSTRUI NI' DECLARING A MODIFICATION[ OF SAID COVENANTS, CONDITIONS AMID RESTRICTIONS WAS RECORDED,DED, AS IIvs RU°ENT NO. 93-0680846, OF OFFICIAL RECORDS. . 17. EASEMENTS FOR Mgt= AND EGRESS, PARK31G, 1IPELII0 ==Z, SANITARY SEWERS, PUBLIC UTILITIES, SLOPES AMID RIanS INCIDENTAL THERETO, AS DISCUCOSED BY INS OF REC&AD AND THE MAP OF SAID TRACT, AFFECTING ClUX THE CE1443N AREA. 18. MATTERS IN AN INS RU0FME1 WHICH A=rj OTHER TH NSS CONTAIN OR MAKE P.ROVISICNS FOR ASSESSMENTS AND LIENS AMID THE SUBORDINATION THEREOF; PROVISIONS RELATING IN) PARTITION; RESTRICTIONS (14 SEVERAB:LITY OF CC1 I' INTERESTS; PROVISIONS FOR CERTAIN EASEMENTS AND/OR ENCROACHMENTS; AND CO2MT AIN1NG COVENANTS, CIOTDITIONS AND RESTRICTIONS Tn IIC H PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGA{3E OR DEED OF TRUST IN GOOD FAITH AND FCRE VALLE, RECORDED, AS manov.ENT NO. 93- 0635859, OF OFFICIAL REOaRDS. THE PROVISIONLS, IF ANY, OF SAID INSIRLIENT WFUC-I PROVIDE RESTRICTIONS BASED CN RACE, COLOR, RELIG N OR NATIONAL, ORIGIN ARE DELETED. SAID INST113MEN T MAY PROVIDE FOR LEVYI1rlG R03ULAR AS WELL AS SPECIAL 19. A DEED OF TRUST TO SECURE AN INDEBTEDNESS. AMOUNT: $67,500.00 TRUS OR: PATRIC3C M. MI LVIlV A'CD N MIDE ITT, K AMD? AND WIFE, AS JOINT TENANTS TRUSTEE: FIRST BANC ORP, A C1LIFaZNIA CORPORATION BENEFICIARY: SANWA BANK CALIFORNIA, A C ALIFORNIA CIORPORATIC U DATED: DUNE 23, 1994 RECORDED: JULY 1, 1994 AS INSZ 4ENT NO. 94-437385, OF OFFICIAL RED (ARDER NO.: 216739-3 �„� ALTA 1GAN POLICY WE NO. : 6 SCHEDULE B PART II IN ADDITION TO THE MATTERS SET FORTH IN PART I OF THIS SCHEME, THE TITLE TO TIqE ESTATE OR INTEREST IN THE LADED DESCRIBED OR REFERRED TO IN SCHEDULE A IS SUM= TO THE FOL,LLGW q WTTER.S, IF ANY B3 StXQ BCT THE amaw INSURES THAT SUCH MATTERS ARE SUBORDINATE TO THE LIEN OR CHARGE OF THE INSURED MORTGAGE UPON ESTATE OR INTEREST: A DEED OF TRUST TO SECURE AN . AMD=: $10,000.00 TRUSIOR: PATRICC & NELIDE MF.LUIN TRUSTEE: THE REDEVELOWlE�TT AM4CY OF THE CITY OF HC]N IN UMU BEACH, A PUBLIC BODY CORPORATE AMID POLITIC BENEFICIARY: THE CITY OF HugTINmag BEACH, A MUNICIPAL CORPORATION EATED: NOWT SHOWN RECORDED: ►IDLY 1, 1994 AS I]NSIRUMENT NO. 94-437387, OF OFFICIAL RECORDS aRMZ M. 216739-3 PAGE 1 ATIMIED TO POLICY NO. M 183-415031 ISSUED BY TRW THE INSURANCE C3.T+i NAY THE CC)MPANY HEREBY INSURES AGAINST LOSS WHICH SAID INSURED SHALL SUSTAIN BY REAgf1 OF ANY OF =- FOLLOWING MATTERS: 1. ANY INCORRECTNESS IN THE ASSURANCE WHICH ME MIPANY HAY GIVES: (A) THAT THERE ARE NO COVENANTS, CICIDITICNS, OR RFSI'RICTIC NS UNDER WHICH THE LIEN OF THE MJRTMM REFERRED TU IN SCHEDULE A CAN BE CUT OFF, SUBORDINATED, C)R 01M;WISE IMPAIRED; (B) THAT TfERE ARE NO PRESENT VIOLATICUS CN SAID LAM OF ANY ENFORCEABLE CMIENUIIS, CMDITICM AMID RFSIRICTICNS. (C) THAT, EXCEPT' AS SHK7M IN SCHEDULE B, THERE ARE NO EMPLACKMENTS OF BUILDINGS, SIRUC'IURES, OR IDCATED ON SAID LAND C tM ADJOINING LANDS, NOR ANY ENCR=1MIIS IOC= ON AD JOIN i3 LAhMS. 2. (A) ANY FVIL]RE VICEATIMS CN SAID LAND OF ANY CX NIIVANTS, CS%IDITICNS, OR RFbTRICTICNs OCamRIlVG PRIOR M ACIXUISITICN OF TITLE TLC SAID ESTATE OR INTEREST BY THE M-71RID, PROVIDED SUC1i VIa=C NS RESULT IN LOSS OR IMPAIRMENT OF THE LSE1 OF THE MZIMM REFERRED 70 IN SCHEDULE A, OR RESULT IN MSS OR I MMIRN= OF THE TITLE TU SAID ESTATE OR INT R= IF THE INSURED SHALL ACQUIRE SUCH TITLE IN SATISFACTION OF THE INDEDTFI MESS SECURED BY SUCH MRTGAGE; (B) Lav"KARKET'ABILSTY OF THE TITLE TO SAID ESTATE OR INTEREST BY RFASM OF ANY VIOLATICYUS CST SAID IA*m, OCCURRING PRIOR TO A=SITICt7 OF TITLE TO SAID ESTATE OR INTEREST' BY THE INSURED, OF ANY aAIE st,TM, 00MITIMSS, OR RESI'RICTIMS. (100 ENTDRSEMERr OWTINUED) PACE 1 - 100 ORDER VO. 21.6739-3 PAGE 2 100 ENDORSEmoRr (QRTEPIOD) 3. DAMAGE TO EXISTING IIMPRZ0V7aSM=ENT , I2K3.,UDING LAWNS, SHRUBBERY OR TREES (A) WHICH ARE LOCATED OR EN1011A i UPON THAT PATUO i OF THE LAND SUBJECT TO ANY EASEMENT T IN SCHEDULE B, W IIC14 DANK RESULTS FRS THE EXERCISE OF THE RIGHT TO USE OR VAIN71IN SUCH EASEMENT FOR THE PURPOSE FOR WHICH THE SAME WAS GRANTED OR RESERVED; (B) RESWIN3 FROM THE EXERCISE OF ANY RIGIT TO USE THE SMUT E OF SAID LAND FOR THE EXTRACTIC81 OR DEVFdlJFMoir OF THE NQbMmTZALS EXCEFrTF.D FROM THE DESCRIPTION, OF SAID LAND OR SH099 AS A RESERVATION IN SCHEDULE B. 4. ANY FINAL COURT ORDER OR JUDGEMENT R17 PING REMOVAL FRIJM ANY LArID ADJOINING SAID LAM OF ANY IIVCROWAZOM-EENT %K)VN IN SCHEDULE B. A1IREVER IN THIS INDORSEmENr ANY OR ALL THE WORDS "COVENANTS, OOlMDrTIClNS OR RESTRICTIONS" APPEAR THEY SHALL NOT BE DEEMED TO REFER TO OR 331=DE THE TAMS C YJEN ANTS AMID CONDITIONS CONTAINED IN ANY LEASE REFERRED TO SCHEDULE A. THE 70TAL LIABILITY OF THE OOXPANY UNDER SAID POLICY AND ANY INDaRSE ENS THEREIN SKVT NOT EXCEED, IN THE AOGREI;ATE, THE FACE AN= OF SAID POLICY AMID SAID POLICY AND COSTS WHICH THE ClOMPITOY IS OBLIGATED LNIDER THE OONIDITICNS AND STIPULATIONS THEREOF TO PAY. THIS ENDORSOMERr IS MADE A PART OF SAID POLICY Al9D IS SUBJOCT TO THE SCHEDULES, CaIDITIONS AND STIPULATIONS THEREIN, EXCEPT AS tMIFIED BY THE PROVISIalS HEREOF. TRW TITLE INSURANCE CLMANY V�1I 7 OIFICFR PACE 2 - 100 aMZ M. 216739-3 ENDC P-cAU' iT ATIAC[lED TO POLICY ND. M 183-415031 ISSN BY 7w TTIiE INSURANCE aMANY TFE =ZANY ASSURES THE INSURED THAT AT THE DATE OF THIS POLICY THE DIMF.'NSIONS OF THE EXTERIOR BOUNDARY OF TIC CANED REFERRED TKO IN SCHEDULE A OF THIS POLICY, VRICH IS AL90 THE EXTERIOR B=MARY OF THE PRUJ ,, ARE CORRECTLY SHOM CN THAT MAP SW IN ON SCfZ9DULE A OF SAID POLICY, IN THE OFFICE OF THE C7= RECTO= OF SAID COU_-m- THE OZZMPANY FURTHER ASSURES THE INSURED THAT TIC ESTATE IN SAID LIM REFERRED TO IN SCEF7"IUM A n==ES A ]RFSMMrIAL DW ErIMU UNIT, WITHIN THE PMMCT BCUMMRIES, AS DESCRIBED IN SC REDULE A, IN THE OFFICE OF THE COUNTY NI'Y RECORDER OF CR1-11E 0='7UNIY, AND MM AS 409 LTI' M AVMM M9, CITY OF IMUMMM E=l, CIMMY OF ORANGC, STATE OF CIILIFU~FUM. THE CJCMPANY HEREBY INSURES THE IlzURED AGAINST LOSS WHICH SAID INSURED SHALL SUSTAIN IN THE EVENT THAT THE ASSURANCE HEREIN' SHALL PRC7vTE TO BE INCX?RRECT. THE TC M LIABILITY OF THE OCMPANY LMM SAID POLICY AND ANY INDORSII`"M S T=IN Sr�,T�L NOT EXCEL, IN THE AGGREGATE, THE FACE AM IT OF SAID POLICY AND COSTS WHICH THE CXIuIPANY IS OBLIGATED UNDER THE CI NDI'TICNS AND STIPULATIONS THEREOF TO PAY. THIS El'=RSEi+ZM IS MADE A PART OF SAID POLICY 7LND IS SU&= TO THE SC HEMXES, CIIMITIC NS ;LND STIPULATIC US THEREIN CONIAIlNED. T17A TTTIE INSURANCE COMPANY :BY:a1 /- OFFICER 316.2 EZKXXZSEN� ORDER NO. 216739-3 E[�IDCIRSf��TI' A'CIACJff D TD POLICY NO. M 183-415031 ISSUED BY 7 W 7=- INSURANCE O:31TYM7Y THE INSURANCE AFFORDED BY THIS ENDORSEM!EOgT IS CHLY EFFECTIVE IF THE LAND IS USED OR IS TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES. THE OClTINY INSURES THE ETTRED AIA3=0 LOSS OR DAMAGE SUSTAINED BY RFA9CU OF LAC:{ OF PRIORITY OF THE LIEU OF THE INSURED MOFTTGAGlE OVER: (a) ANY EAUROTINTAL PROTECTION[ LIEN lWHaCH, AT DATE OF POLICY IS RECORDED IN THOSE RECORDS ESTABLISHED LIIDER STATE STATUTES AT DATE OF POLICY FOR TH£ PURPOSE OF IMPARTING - - !RUCTIVE NOTICE OF NATTERS RELATING TM REAL PROPERTY TD PURCHASERS FOR VALUE AMID WITHOUT KNCx1T.EDGE, OR FILED IN THE: RECORDS OF THE CLERK OF THE UNITED STATES DISTRICT OD=UR IN MCH THE LAAID IS LOCATED, EXCEPT AS SET FORTH IN SCHEDULE B; OR (b) ANY ENVIRONMENTAL PROTECTION LIEN PROVIDED FUR BY ANY STATE ST7011TE IN EFFECT AT DATE OF POLICY, EXCEPT ENVIRONMENTAL PROTECTION LIENS PROVIDED FCC BY THE FOLLOWING STATE STATUTES: NCNE THIS ENDORSEMENT IS MADE A PART OF THE POLICY KID IS SUBJECT TO ALL OF THE TERMS AND PRO7VISIONS THEREOF AMID ANY PRIOR ENDORSEMENT'S THERETO. EXCEPT TO THE EXTE3NTT EXPRESSLY STATED, IT NEITHER MODIFIES ANY OF "ZTE TERMS AMID PROVISIONS OF THE POLICY OR ANY PRIOR ENEORSEMaIDS, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE POLICY OR ANY PRIOR ENDORSEMENTS, NOR DOES IT INCREASE THE FACE AST THEREOF. 7W TITLE INSURANCE Q M4PH7NY BY: OFFICSR 0.1 ENDORSEMENT (ALTAN 110.9 EN ORS'E=0H (CLTA) CHA GE OF NAME ENDOR"EMENT Issued by Nations Title Insurance Company This Company has changed its name from TRW Title Insurance Company to Nations Title Insurance Company All forms are being reprinted with the new name designation. In the meanwhile,wherever the name TRW Title Insurance Company appears in the attached forms,it shall be deemed to be Nations Title Insurance Company Wherever any policy,endorsement or contract requires a notice or any other statement in writing to be sent to this Company,it should be addressed to its office at 68DO College Boulevard,Suite 700,Overland Park,Kansas 66211. Nations Title Insurance Company ' BY Pr" ord Attest: Secretary Countersigned- By Authorizer!pllcercrAgenr Ion �r ._•� COND©MNiUM PLAN Sheet/g r� VNI AIRSPACE DI%MNS:ON PLAN: SCALE: I"• 6' BUILDING "D' _ !MIDDLE LEVEL 1 UNITS 33 THRU 44 N . 1 1 x � i 5_ e 0.�r►.�,• L t9.11: at- �..WA., . V O � C.cAli •� (� w ol b J _ ~ti7+ 1 y w C oODw• ` ?•w d vs— u llr \/y/ vs— tj a g .+ C w :. O O L �p«F�•� 39 i r u►p :.a 39 d `.�" r► �� - ter duo �_• - ~ OCd040 .a w `r y• ;' lit. A TES 1. a INDICATES COM-40M BUILDIKC CONTROL POI]T 2. SES 5HEE7 6 FOR $OUKDARY FLAT.3. 5EE SHEET 7 'FOR BUILDIKC LOCATION PLAN. 7. SEE SHEET 29 FOE' OPFNi. SEE SHEETS 8 THRU 19 102 UNIT AIRSPACE DI.4EN310H PLANS.S. SEE SHEETS 20 THRU 23 FOR SCH£DLUS OF TYPICAL 01IT VERTICAL St-CTIONS.S. SEE SHEETS 24 TERV 27 FOR TYPICAL UNIT MTICAL SECTIONS. - :,:1 PI.R;�1�C L^!•+•tn.• r. �.• CONDITIONS AND STIPULATIONS (Coitinugd Jfrogl 0siCe1ront cover) Whenever reluested by the Company.the insured,at the Com- {i) to pay or otherwise settle with other parties for or in Section 2(a)of these Conditions and Stipulations shall not parry's experee,shall give the Company all reasonable aid(i) in the name of an insured cla:mani any claim insured against reduce pro tanto the amount of insurance afforded under this in any actioi or proceeding. securing evidence, obtaining under this policy,together with arty costs,attorneys'fees and policy except to the extent that the payments reduce the amount witnesses,proseWingordelending the action orproceeding, expenses Incurred by the insuredclaimani which Were authoriz- of the indebtedness secured by the insured mortgage_ or effecting settlement,and(a)in any,other lawful act which ed by the Company up to the time of payment and which the (5) Payment in part by any person of the principal of the in the opinion of the Company may be necessary or desirable Company Is obligated to pay:or indebtedness,or any other obligation secured by the insured to establish I le title to the estate or interest or the lien of the (ii) to pay or otherwise settle with the insured claimant mortgage,or any voluntary partial satisfacton or release of the Insured mortgage,as insured.If the Company is prejudiced the kris or damage provided for under this policy,together with Insured mortgage.to the extent of the payment,Satisfaction by the failure of the insured to tumish the required coopera- any costs.attorneys fees and expenses incurred by the insured or release,shall reduce the amount of insurance pro Canto.The lion,the Company's obligations to the insured Linder the policy claimant which were authorized by the Company up to the time amount of insurance may thereafter be increased by accruing shall termina-e,including any liability or obligat:on to defend, of payment and which the Company is obligated to pay interest and advances made to protect the lien of the insured presecute,o.-continue any litigation,with regab to the mat- Upon the exercise by the Compaijr of either of the options mortgage and secured therebyi with intemst thereon,provided ter or masers requiring such cooperation. provided for in paragraphs b(i)or(i 1,the Company's obligations In no event shall the amount of insurance be greater than the to Me insured under this policy for the claimed loss ordamage. amount of insurance stated in Schedule A. 5. PROOF OF LOSS OR DAMAGE. other than the payments required to be made,shall terminate (c) Payment in fall by any person or the voluntay satis!`ac- In addition to and after the notices required under Section Including any liability or obligation to defend,prosecute or lion or release of the insured mortgage shall terminate all liability 3 of these Conditions and Stipulations have been provided the continue any litigation, of the Company except as provided in Section 2(al of these Company,a Drool of loss or damage signed and srrom to by Conditions and Stipulations. the insured clAmant Shall be furnished to the Company within 7. DETERMINATION AND EXTENT OF LIABILITY. 90 days after tie insured claimant shall ascertain the facts going This policy is a contract of inderrnity against actual monetary 10. LIABILITY NONCUMULATIVE. rise to the loss or damage.The proof of loss or damage shall loss or damage sustained or incurred ty the insured claimant If the insured acqui-es title to the estate or interest in salisfac- describe the detect in,or Gen or encumbrance on the hile,or who has suffered loss or damage by reason of matters insured lion of the indebtedness secured by the insured mortgage,or other matter insured against by this policy which constitutes against by this policy and only to the went herein described. arty part thereof.It is expressly understood that the amount the basis of loss or damage and shall state.to the extent (a) The liability of the Company under this policy shall not of insurance under this policy shalt be reduced by any amount possible,the basis of calculating the amount of the loss or exceed the least of: the Company may pay under any policy insuring a mortga„e dariage_if the Company is prejudiced by the failure of the in- {i) the amount of insurance stated in Schedule A.or, to which exception is taken in Schedule B or to wtxn the inured sured claimar t to provide the required proof of loss or damage, if applicable.T-e amount of insurance as defined in Section has agreed,assumed,or taken subject,or whch is hereal tet the Company's obligations to the insured under the policy shall 2(c)of these Conditions and Stipulations; executed by an insured and which is a charge or ben on the terminate,including any liability or obligation to defend,pro- (ri) the amount of the unpaid principal indebtedness estate or interest described or referred to in Schedule A.and secut,or corOnue airy litigation,with regard to the matter or secured by the insured mortgage as limited or provided under the amount so paid short be deemed a payment under this policy. matters requiring such proof of loss or damage. Section 8 of these Conditions and Stipulations or as reduced In addition,are insured claimant may reasonably be required under Section 4 o1 these Conditions and Stipulations,at the 11. PAYMENT OF LOSS. to s,rbmit to o aminat:on tinder oath by any authorzed represen- time the loss or damage insured aga•nsf by this policy occurs, (a) No payment shall be made without producing this tative of the Company and shall produce for examination, together with interest thereon;or policy for endorsement of the payment unless the policy has inspection and copying.at such reasonable times and places [ti) the difference between the value of the insured estate been lost or destroyed,in which case proof of loss or destruc- as may be designated by any authorized representative of the or Interest as insured and the value of the insured estate or tion shall be furnished to the satisfaction of the Company. Company,all records,books.ledgers,checks,correspondence interest subject to the defect,lien or encumbrance insured (b) When liability and the extent of loss or damage has and memoranda,whether bearing a date before or after Date against by this policy. been definitely fixed in accordance with these Cond tions and of Polity,which reasonably pertain to the loss or damage. (b) In the event the Insured has acquired the estate or Stipulations,the loss or damage shall be payable within 30 days Further,4 req rested by any authorized representative of the interest In the manner described in Section 2(a) of these thereafter. Company the insured claimant shall grant its permission,in Conditions and Stipulations or has conveyed the title,thei the writ ng,for art authorized representative of the Compary to liability of the Company shall continue as set forth in Section 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. examine,inspect and copy all records.books.ledgers,checks, 7(a)of these Conditions and Stipulations. (a) The Company's Right of Subrogation_Whenever the correspondence and memoranda in the custody or control of (c) The Company will pay only those casm attomeys fees Company shall have settled and paid a claim under this policy. a third party.which reasonably pertain to the loss or damage. and expenses incurred in accordance with Section 4 of these all right of subrogation shall vest in the Company unaffected AR intormatior,designated as confidential by the insured clot- Conditions and Stipulations. by any act of the insured claimant. mast provided to the Company pursuant to this Section shall The Compary shall be subrogated to and be entitled to a!i not be disclosed to others unless.in the reasonable judgment 8. LIMITATION OF LIABILITY. rights and remedies which the insured Claimant waurd have had of tie Compary.R is necessary in the administration of the (a) If the Company establishes the title,or removes the against any person or property in respect to the claim had this claim.Failure of the insured claimant to submit for examina- alleged defect,Gen or encumbrance,or cures the lack of a right policy not been issued.9 requested by the Company,the insured Lion under oath,produce other reasonably requested intorma:ion of access to or from the land.or cures the claim of unmarket- claimant shall W4nsfer to the Company all rights and remedies or grant permission to secure reasonably necessary informa- ability of title,or otherwise establishes the lien of the insured against any person or property necessary in order to perfect lion Imm third parties as required in this paragraph,unless pro- mortgage,all as insured,in a reas:inab y diligent manner by this right of subrogatiol.The insured claimant snail permit the hibited by law cr governmental regulation,shall terminate any arty method,including litigation and tre completion of any Company to sue,eomprotrnsee or selfle in the name of the insured liability of the Company under this policy asto that claim. apyeals therefrom.It shall live fullyperformeditsobligations daimant and to use thenameofthe insured cimnalir any trar& with respect to that matter and sha!1 not be liable for any loss action or litigation involving these rights or remedies. 6 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; or damage caused thereby. It a payment on account of a claim does not fully prover the TERMINATION OF LIABILITY. (b) In the event of any litigation,including fitigalion by the loss of the insured claimant,the Company shae be subrogated in case of a claim under this policy!the Company shall have Company or with the Company's eonsert,the Company shall to as rights and remedies of the inured claimant after the inured the following cations: have no Lability for loss or damage until-here has been a final claimant shall have recovered its principal,interest.and costs (a) To Pay or Tender Payment of the Amount of Insurance determination by a court of competed jursdiction,and disposi- of collection. or to purchase the Indebtedness. lion of all appeals therefrom,adverse to the Life or to the lien (b) The insure d'a Rights and Umitations. @ to par or tender payment of the amount of insurance of the insured mortgage,as insured Normtttstandrng the foregoing.the owner of the indebtedness under this policy together with any,costs,attorneys fees and (c) The Company shall not be Gabe for loss or damage secured by the insured mortgage,provided the priority of the expenses ncured by[Reinsured claimant,whth were author- to any insured for liability volurranly assumed by the insured lien of the insured mort;age or its entorc^eabitrty is not affected. Led by the Company,up to the time of payment or tender of in settling any claim or suit without the prior written Consent may release or substitite the personal Gab1irty of any debtor payment and a hrch the Company is obligated to pay:or of the Company. or guarantor•or extend or otherwise modify the terms of pay- () to pLThase the indebtedness secured by the insured (d) The Company Shall not be liable for: menu,or release a portion of the estate or interest from the mortgage for the amount owing thereon together with any costs. (i) any indebtedness created subsequent to Date of lien of the insured mortgage.or release any collateral security attorneys lees and expenses incurred by the insured claimant Policy except for advances made to protect the lien of the in- for the indebtedness. which were authorized by the Company up to the time of pur- sured mortgage and secured thereby and reasonable amounts When the permitted acts of the insured claimant occur and chase and which the Company is obligated to pay expended to prevent deterioration of imdrovements;or the insured has knowledge of any Caimof tNeoritemst adverse If the Compary offers to purchase the indebtedness as herein (it) construction ban advances made subsequent to to the Me to the estate or interest or the priority or enlorceabilay Provided.the ammer of the indebtedness shall transfer.assign. We of Policy,except construction loan acvances made subse- of the lien at the insured mortgage,as insured.the Compary and convey 03 indebtedness and the insured mortgage. quent to Date of Policy for the purpose of financing In whole shall be required to pay only that part of any losses insured together with art collateral security,to the Company upon pay- or in part the construction of an improvement to the land which against by this policy which shall exceed the amount,if any. ment therefor. at Dale of Policy were secured by the insured mortgage and lost to the Company by reason of the impairment by the inured Upon the exercise by the Company of either of the options which the insured was and continued to be obligated to ad- claimant of the Company's right of subrogation. provided for in paragraphs a(i)or(ii),all liability and obliga- vance at and after Dale o1 fticy. (c) The tomparnoRlghtsAgalrtsf Non-insured Obligors bons to the insLred under this policy,other than to make the The Company's right of subrogation against non-insured payment nequirei in those paagtaft shallterminTe,htckuding 9. REDUCTION OF INSURANCE; obligors shall exist and shalt include,without limitation,the any liability or oblgation to defend,prosecute.or continue any REDUCTION OR TERMINATION OF LIABILITY. rights of the insured to indemnities,guaranties,other policies Gtigat on,and tre policy shall be surrendered to the Company (a) All payments under this policy,e,c;ept payments made of insurance or bonds,notwithstandirg any terms or condtrons for cancellation. lot costs,attorneys fees and expenses,st4ffl reduce the amount contained in those instruments which provide for subrogation (b) To Pay or Otherwise Settle Vrth Parties Other than the of the insurance pro tanto.However,ary payments made prior rights by reason of this policy.The Company's right of sub- insured or With the Insured Claimant. to the acquisition of title to the estate or interest as provided rogation shall not be avoided by acquisition of the insured (continued on back carer) 4W CONDITIONS AND STIPULATIONS (Continued from jls;de.back 64r) - mortgage by an obligor(etxcept an obligor described in Section the Rules inffect e on the date the demand for arbitration is made covered hereby or by any action asserting such claim,shall be 1(a)(1 1 )of these Conaliti and Stipulations)who acquires the oG at the option of the insured,the Rules in effect at Date of restricted to this policy. insured mortgage as a result of an indemnity.guarantee,other Policy shalt be bindin0 upon the parties.The Ord may include (c) No amendment of or endorsement to this policy can policy of rwrance,or bond and the obligor will not be an insured attomeys tees only' the laws of the state in which the land is be made except by a writing endorsed hereon or ruched hereto under this policy, notwithstanding Section 1(a)(i) of these located permit a court to award attorneys fees to a prevailing signed by either the President,a Vice President.the Secretary. Conditions and Stipulations. parry.Judgment upon the award rendered by the Arbitrators) an Assistant Secretary.or validating officer or authod2ed signatory may be entered in any court having furisdiction thereof. of the Company. 13. ARBITRATION. The law of the Mus of the land shall apply to an arbitration Unless prohibited by apprable W. either the Company under the title Insurance Arbitration Rules. 15. SEYERABIt1TY. or the insured may demand arbitration pursuant to the Title A copy of the Rotes may be obtained from the Company upon In the event any provision of This policy is held ii nralid or unen- Insurance Arbitration Rules of the American Arbitration Asso- request. trceable under applicable law,the policy shall be deemed not eiation.Arbitrable matters may include.but are not limited to, to include that provision and all other provisions shall remain any controversy or claim between the Company and the insured 14. LIABIUTY LIMITED TO THIS POLICY; In hull force and effect. arising out of or relating to this policy.any semce of the Corn- POLICY E"RE CONTRACT pany in connection with its issuance or the breach of a policy (a) This policy together with all endorsements, If arty, X NOTICES,WHERE SENT. provision or other obligation.AR arbitrable matters when the attached hereto by the Comparry is the entire policy and con- All notices,required to be given the Company and any state- Amount of insurance is 31,0 X000 or less shall be arbitrated tract between the insured and The Company.to interpreting any merit in wn wV to be Urnhed tlue C rrw Ma inc * at the option of either the Company or the insured.All arbitrable provision of this policy,this policy shag be cortstrued as a whole the number of this policy and shall be add to the Cora matters when the Amount of Insurance is in e mess of S1XQ000 (b) Ary claim of loss or damage,whether or not based parry at 6800 College Blvd.,Suite 70Q Overland Park,Kansas shall be arbitrated only when agreed to by Lath the Company on negligence,and which arises out of the status of the Gen 66211. and the insured.Arbitration pursuant to this policy and under of the insured mortgage or of the title to the estate or interest 1 POLICY OF TITLE INSURANCE i TRW Title l Insurance Company i 6800 College Blvd., Suite 7001 Overland Park,KS 66211 Area Code 913 491-5585 CITY OI- I-IUN'Tli\}QQN MAI • i'0 i3C'•-l's0 Hyffli'iGSON bEAi:H. CA 1` DATE P 0.NUMFiER GROSS AMOUNT DISCOUNT NET AMOUNT ! 06-23-94 ; Melvin#2 . $35,000.00 $35,000.00 i 1 t� I• Picked Up by Tiempo Escrow on 6/27/94 by: 8t: AM/pM i TOTALS> nn n In $35,aoo.0o CITY OF HUNTINGTON BEACH P-0.EOX 190 2 81.7 31 HUNTINGTON BEACH.CALIFORNIA PAY TO THE ORDER OF LATE M7MBEa \\\\\\\\\\\\\\ Tierlpo Escrow 06-23-94 281731 35\' ** **$35,000.00 - CITY OF HyNTI~NGTON BEACH:', VOID UNLESS PRESENTED FCR EfXASHME'+? %'ITHIN 90 DAYS FROM DATE OF ISSUE. SANMA BANK CAUFORNIA HUNT'NGTON BEACH OFFICE M-11 WARNER AVE NLIE HUNTItIGTON BEACH.CA 92647 n' 28 1 7 3 in' 1: 1 2 200 3 5 161: 20 9 4-00 20 9u' TOTALS> L$10,000.00 $10,000.00 CIT+:,C'r tiUNTINGTON BEACH ,..�, M51 P.O.BOX190 2�1730 i HUNTINGTON EEACH•CALIFORNIA PM TO THE ORDER OF ']Timpo Escrow 06-23-94 281730 ** 10�Q00:130** **$101000.00 • _ CITY OF 1 HUNTINGTON BEACH rOID UNLESS PRESENT ED FOR E WIT}!;N 90 DAYS Mom DATE OF IS:UE [ �.;r,�• :...,: �,' I SANWA BANK CALIFORNIA HUNTINGTON BEACH CIFFIC`: 63V7 WARNER AVENUE HUNT WaTQT:LEACH,CA £:C:7 112 2E i 7 30114 1: 1 2 200 3 5 161: 2094-00 209u' RECEIYEL Cl/T�Y CLisPA 4!T NUNTNS^Tn•X .21i. 1u'G 0 3 33 1'i11 t74 LOAN AGREEMENT THIS LOAN AGREEMENT (the"Agreement") is made this 28M day ot , 19_94_by and between ("Participant") and THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic("Agency"). RECITALS A. Participant has entered into an agreement (the "Purchase Agreement") to 4p rc se at certain real property commonly known as LG. Huntington Beach, California, and more particularly described in Exhibit "A"attached hereto and incorporated herein (the "Property"). B. Participant requires assistance to purchase the Property and would not be able to purchase the Property without such assistance. Participant is a person or family of low or moderate income and currently earns less than 120% of the current annual median income for the Orange County area, as those terms are defined by California Health and Safety Code Section 50093. C. Participant has represented to Agency that Participant and Participant's immediate family intend to reside in the Property at all times throughout the term of this Agreement. D. Agency desires to utilize tax increment money to assist persons of low and moderate income to purchase residential property to increase, improve, and preserve low and moderate income housing available at an affordable housing cost within the City of Huntington Beach, all of which is consistent with the goals of the Affordable Housing Program and the Huntington Beach Redevelopment Plans. 1 71agme1AgencykW02l94 �l E. The Agency wishes to lend, and Participant wishes to borrow, Program funds to assist Participant to purchase the Property upon the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration the parties agree as follows: 1 A e Loan. gency sh '1 loan to Pa icipant (the "Loan") the amount ofCA Dollars ($SSL0 }, subject to the conditions and restrictions set forth herein and those set forth in the Promissory Note, the Disclosure Statement for the Program, the Deed of Trust and all applicable state, local and federal laws. The Loan shall be paid to the seller of the Property (the-Yeller")eller") by the Agency through deposit of the Loan proceeds into escrow with A%C,II��J (the "Escrow Agent") (Escrow No. . The Agency shall direct the Escrow Agent to apply the proceeds of the.Loan on behalf of Participant to the purchase price of the Property, and, at Participant's election, to the costs of closing, escrow fees, recording fees, loan points and fees, and/or document fees. At such time, Participant shall execute and deliver to the Agency a promissory note in favor of the Agency as holder, in the amount of the Loan, with interest at five percent (5%) per year. The Loan, together with accrued interest and the equity share amount, shall be due in the event that Participant fails to comply with the terms of this Agreement, the Deed of Trust and Rider thereto, any Covenants, Conditions & Restrictions for Affordable Housing or Affordable Housing Agreement which is recorded on the Property, or any other law, requirement or condition of the Affordable Housing Program or governmental entity. Otherwise, no payment of principal or interest shall be required during the term of the Loan and, on the date which is thirty (30) years from the date of the disbursement of the Note Amount, the Borrower shall repay the entire Note Amount plus all accrued interest earned thereon, unless the sale is made to a qualified buyer, as provided in Section 4 below. Participant shall execute and deliver a Promissory Note substantially in the form of the Promissory Note attached hereto as Exhibit "B"and incorporated herein by this reference. Participant shall also execute and deliver to the Agency a deed of trust 2 7\agree\Agencyk/XI02194 W t encumbering the Property which shall secure the Promissory Note (the "Deed of Trust"), in the form of Exhibit"C" attached hereto and incorporated herein. 2. Maintenance of Property. Participant shall maintain the improvements on the Property in a manner consistent with community standards and in a manner which will uphold the value of the Property, and shall keep the Property free from any accumulation of debris and waste materials. Participant agrees to comply with any and all covenants and agreements established by any homeowner's association or other regulatory entity recognized by area property owners and comply with all applicable federal, state and local laws. 3. Acceleration/Due on Sale. The Loan, all interest accrued thereon and the equity share amount as defined herein below, shall be due and payable upon (i) sale, transfer, or other disposition of the Property, including, without limitation, lease, exchange or rent of any part of the Property, except sale to a purchaser approved by Agency, (ii) the refinancing of the First Mortgage for a loan amount in excess of the then current loan balance or for an amortization period longer than the loan secured by the First Mortgage, or, (iii) Participant is in material default of any other obligation contained in this Agreement or any provision of the Affordable Housing Agreement or Covenant (Attachment"D"to this Agreement) recorded on the property, or (iv) Participant violates any condition of the deed of trust or promissory note, or (v) the death of Participant (unless the Participant's household, occupying the property, contains more than one qualified participant and at least one qualified participant survives). At the request of Participant, the Agency may, in its sole discretion, extend the term of the Loan. 4. New Loan to Qualified Buyer: Notwithstanding the provisions herein above, if the Property is sold by the Participant to a Buyer defined as a low or moderate income household by Section 50093 of the California Health and Safety Code (or any other provision of law which may be enacted in the future, replacing Section 50093 or the law which defines "low or moderate" income for the purposes of affordable housing), and said Buyer is approved by Agency, ("Eligible Person or Family") and the Sales Price does not exceed an "affordable housing cost," as defined by Section 50052.5 of the Califomia Health and Safety Code (or any other provision of law replacing this section which may be enacted in the future), and the Buyer assumes the 3 Pagree%AgenCYk*6M2(94 I W Participant's loan, then no Equity Share Amount is due to the Agency upon such sale and intrest is due under the conditions set forth below. In order to verify the Buyer's status as an Eligible Person or Family, Participant shall submit to the Agency, together with the notice of proposed safe pursuant to the Loan Agreement, the identity of the proposed Buyer and adequate information evidencing the income of the proposed Buyer. Said income information shall include original or true copies of pay stubs, income tax records or other financial documents in order that the Agency may determine and verify the household income of the proposed Buyer to determine Eligible Person or Family status and whether the Property is available to such Buyer at an affordable housing cost pursuant to the standards set forth in the Agency's Affordable Housing Program. If the Agency is unable to verify the Buyer's income as provided herein, then the Buyer's income shall be deemed to exceed the maximum allowable income limit for Eligible Persons and Families and the Equity Share Amount shall be due and payable concurrent with the repayment of the Note Amount plus interest. In the event that sale or transfer is made to an Eligible Person or Family, interest which has accrued upon close of escrow shall be due and payable, unless the Property has appreciated in value by an amount which would be less than the value of the Property had it appreciated at a rate of five per cent (5%) per year (plus the prorata amount for any portion of a year) over the original price paid by the Participant. If the price of the Property upon sale to an Eligible Buyer is less than the price paid by the Participant at the time of original purchase, plus five percent (5%) of that amount for each full year of ownership plus a prorata share of any portion of a year remaining, then no interest will be due upon such sale. Interest will begin to accrue at the simple rate of five percent per annum as to the new owner, on the date upon which escrow closes and will accrue on the then unpaid principal amount. S. Notice to A enc . Participant agrees to notify the Agency not less than thirty (30) days prior to (i) the sale or transfer of the Property or (ii) any refinancing of the lien secured by the First Deed of Trust (the "First Mortgage) or any lien or note to which the lien secured by the First Deed of Trust is subordinate. 6. Occupancy Standards. The Property shall be used as the personal residence of Participant and Participant's immediate family and for no 4 Tagree%gencykM6A)ZS4 other purpose. Participant shall not enter into an agreement for the rental or lease of the Property. 7. Income Information. Participant has submitted an eligibility verification form to the Agency prior to execution of this Agreement. Participant represents and warrants to the Agency that all information Participant has provided and will provide in the future is and will be true, correct and complete. Participant acknowledges that the Agency is relying upon Participant's representations that Participant's income does not exceed 120% of the area median income and would not have entered into this Agreement if Participant's income had exceeded 120% of the Orange County median income. 8. First Time Homebuyer. Participant represents and warrants to the Agency that neither Participant nor any of Participant's immediate family residing in the Property has, or has had, a present ownership interest in a principal residence at any time during all or any part of the three (3) years immediately prior to the funding of the Agency Loan. 9. Loan Servicing. The Agency may contract with a private tender to originate and service the Agency Loan. 10, Participant Financing. Participant shall obtain financing for the purchase of the Property from a reputable institutional lender approved by the Agency(the"Lender'). The lien secured by the Deed of Trust shall only be subordinate to a first lien on the Property held by the Lender or Lenders assigns. In addition, not less than three percent (3%) of the Purchase Price of the Property shall be paid in cash from Participant's own resources and not from • the proceeds of a loan. 11. Covenants. Recorded in the Official Records of Orange County, California, may be a declaration of conditions, covenants and restrictions for property, which is known as an Affordable Housing Agreement or covenants which may be attached as Exhibit"D" hereto and incorporated herein. If such a document is recorded on the property, Participant agrees that the Property shall only be owned by Participant or other persons or families of low or-moderate income available at an affordable housing cost, as those terms are defined in the Affordable Housing Agreement, and that Participant shall not discriminate 5 7lagreelAgencyklD6'ID?194 against any person or group of persons on the basis of race, color, religion, sex, marital status, national origin or ancestry, all as set forth in the Affordable Housing Agreement. Such affordable housing covenant is 0 is not (Borrower's initials ;� ) applicable to this property. If no overall affordable housing covenan is recorded or will be recorded on the Property, Borrower agrees to execute an individual Affordable Housing Agreement with the Agency which will be attached to this Agreement and incorporated herein by this reference. 12. Eauity. Share. In the event that the Agency Loan becomes due and payable prior to the thirtieth anniversary of the date of this Agreement, Participant shall pay to Agency concurrent with the principal and accrued interest, an amount equal to the "Equity Share Amount." The Equity Share Amount shall be determined by applying a percentage factor(the "Applicable Factor") to the difference between the Sales Price and the Purchase Price (defined below) as follows: 1. Prior to fifth anniversary fifty percent (50%) of the Agency Deed of Trust: 2. After fifth anniversary but forty-eight percent prior to sixth anniversary: (48%) 3. After sixth anniversary but forty-six percent (46%) prior to seventh anniversary: 4. After seventh anniversary but forty-four percent(44%) prior to eighth anniversary: 5. After eighth anniversary but forty-two percent (42%) prior to ninth anniversary: 6. After ninth anniversary but forty percent(40%) prior to tenth anniversary: 7. After tenth anniversary but thirty-eight percent (38%) prior to eleventh anniversary: 6 TagteetAgencouWA 2194 �1 8. After eleventh anniversary but thirty-six percent (36%) prior to twelfth anniversary: 9. After twelfth anniversary but thirty-four percent (34%) prior to thirteenth anniversary: 10. After thirteenth anniversary but thirty-two percent (32%) prior to fourteenth anniversary: 11. After fourteenth anniversary but thirty percent (30%) prior to fifteenth anniversary: 12. After fifteenth anniversary but twenty-eight percent prior to sixteenth anniversary: (28%) 13. After sixteenth anniversary but twenty-six percent prior to seventeenth anniversary: (26%) 14. After seventeenth anniversary but twenty-four percent prior to eighteenth anniversary: (24%) 15. After eighteenth anniversary but twenty-two percent prior to nineteenth anniversary: (22%) 16. After nineteenth anniversary but twenty percent (20%) prior to twentieth anniversary: 17. After twentieth anniversary but eighteen percent (18%) prior to twenty-first anniversary: 18. After twenty-first anniversary but sixteen percent (16%) prior to twenty-second anniversary: 19. After twenty-second anniversary but fourteen percent (14%) prior to twenty-third anniversary: 20. After twenty-third anniversary but twelve percent (12%) prior to twenty-fourth anniversary: 7 PagmeAgencyklos VZ'9a 21. After twenty-fourth anniversary but ten percent (10%) prior to twenty-fifth anniversary: 22. After twenty-fifth anniversary but eight percent (8%) prior to twenty-sixth anniversary: 23. After twenty-sixth anniversary but six percent (6%) prior to twenty-seventh anniversary: 24. After twenty-seventh anniversary but four percent(4%) prior to twenty-eighth anniversary: 25. After twenty-eighth anniversary but two percent (2%) prior to twenty-ninth anniversary: 26. After twenty-ninth anniversary but one percent (1%) prior to thirtieth anniversary: 27. After thirtieth anniversary: zero percent (0%) The "Purchase Price" is the original purchase price paid by the Participant to the Seller for Seller's interest in the Property, exclusive of escrow fees, title insurance costs, broker's commission, loan fees or any other closing or transaction costs. The "Sales Price" is the price to be paid by the buyer of the Property (the "Buyer") to Participant for Participant's interest in the Property, exclusive of escrow fees, title insurance costs, broker's commissions, loan fees or any other closing or transaction costs. In the event of sale of the Property and at the election of the Agency, the Agency may appoint a certified, independent appraiser to conduct any appraisal of the Property, at Participant's expense to assist the Agency in determining if the Sales Price is at or near the fair market value of the Property at such time. If the Sales Price is determined by the appraisal to be three percent (3%) or more below the fair market value of the Property as estimated in said appraisal, then the "Sales Price"for purposes of determining the Equity Share Amount shall be 8 7lagree%Agencyk1b6W/94 A � J 'CALIFORNIA ALL■PURPOS�'l1CKNOWLEDGMENT No.S907 e,State of -�-�-� County of _ On before me, , DATE IAME.TITLE OF OFFICER•E.G.,'IANE DOE,NOTARY PUBUC- personally appeared /3 NAME(S)OF SIGNER(S) ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persogWwhose name�40 subscribed to the within instI meet and ac- knowledged to me that-W h y executed the same in his/her/their authorized capacity(iesl, and that by lots /th-eir signatureo on the instrument the person oFFICIA� s€A� or the entity upon behalf of which the LINDA SUE SURACI Y P notary Pub7c•Ccatonl►a person(K acted, executed the instrument. �= ORANGE COUNTY M► ComMxlon F.gIre, AU0W 21. 1995 WITNESS my hand and official seal. SIGNATVFE OF NOTARY ■ OPTIONAL Though the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ IN91V1DUAL ORPORA'TE OF ICER TITLE OR TYPE DOCUMENT rITLE(S) ❑ PARTNER(S) ❑ LIMITED �� ❑ GENERAL _ ❑ ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN,'CONSERVATOR ❑ OTHER. DATE OF DOCUMENT SIGNER IS REPRESENTING: Nye OF PE s)OR EPMYpES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 913D9-7184 v f the fair market value of the Property established in said appraisal. PARTICIPANT ACKNOWLEDGES AND AGREES THAT UPON THE OCCURRENCE OF ANY OF THE EVENTS DESCRIBED IN PARAGRAPH 3 ABOVE, PRIOR TO THE 30TH ANNIVERSARY, PARTICIPANT SHALL PAY TO AGENCY AN EQUITY SHARE AMOUNT EQUAL TO A PERCENTAGE SHARE OF THE APPRECIATION OF THE PROPERTY AS CALCULATED PURSUANT TO THIS SECTION_ EXCEPT AS PROVIDED HEREIN, THE AGENCY ACKNOWLEDGES AND AGREES THAT PARTICIPANT SHALL ONLY PAY THE NOTE AMOUNT AND THE EQUITY SHARE AMOUNT TO THE AGENCY IF, AND ONLY IF, PARTICIPANT FAILS TO CONTINUOUSLY OWN AND OCCUPY THE PROPERTY FOR THIRTY (30) YEARS, PARTICIPANT FAILS TO COMPLY WITH THE PROVISIONS OF THIS AGREEMENT, OR PARTICIPANT SELLS THE PROPERTY TO A BUYER NOT QUALIFIED BY THE AGENCY. PARTICIPANT AGENCY The value of all capital improvements to the Property made while Participant owned and occupied the Property shall be deducted from the Sales Price when calculating the Equity Share Amount, if Participant complies with the following: The costs incurred by the Participant for capital improvements shall be deducted from the Sales Price only if Participant submits the following to the Agency: (i) an itemized list of the improvements, (ii) reliable proof of completion of the improvements (as evidenced e.g., by final building permits or certificate of completion), and (iii) reliable evidence of the cost of the improvements and that Participant paid those costs (as evidenced e.g., by an itemized invoice or receipt). Notwithstanding the foregoing, Participant's obligation to pay the Equity Share Amount is subject to a superior right of Participant, upon termination of the Agency Loan, to receive repayment of money paid by the Participant without Agency assistance for purchase of the Property (including down payment, installment payments of mortgage principal pursuant to the First Lien, escrow 9 Tagree ftencykWW94 fees, transfer taxes, recording fees, brokerage commissions, and similar costs actually paid by the Participant) and money paid by the Participant for capital improvements to the Property. 13. Non-Waiver. Failure to exercise any right the Agency may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such fight or any other right in the event of-a subsequent default. 14. Indemnification. The Participant shall defend, indemnify and hold harmless the Agency and the City of Huntington Beach and its respective officers, agents, employees, representatives and volunteers from and against any loss, liability, claim or judgment relating in any manner to the property or this Agreement. The Participant shall remain fully obligated for the payment of property taxes and assessments related to the Property. There shall be no reduction in taxes for Participant, nor any transfer of responsibility to the Agency to make such payments, by virtue of the Loan. 15. Insurance. Participant shall maintain, during the term of the Agency Loan, an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall name the Agency as loss payee and shall contain a statement of obligation on behalf of the carrier to notify the Agency of any material change, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Participant shall transmit a copy of the certificate of insurance and loss payee'endorsement to Agency within thirty (30) days of the effective date of this Agreement, and Participant shall annually transmit to Agency a copy of the certificate of insurance and a loss payee endorsement, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance and loss payee endorsement shall be transmitted to Agency as follows: REDEVELOPMENT AGENCY OF THE City of Huntington Beach Attention: Executive Director 2000 Main Street Huntington Beach, CA 92648 10 PagreeWgencyM) "0 M �i Any certificate of insurance must be in a form approved by the City Attorney. 16. Defaults. Failure or delay by either party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the other party constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting party shall avoid default hereunder by commencing to cure within such thirty (30) day period and thereafter diligently pursuing such cure to completion. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 17. Documents. Participant is aware that the Agency has prepared certain documents to implement the Affordable Housing Program and secure repayment of the Loan. Participant has reviewed and agrees to the terms and conditions contained in the following documents prior to receiving the Loan: (a) Disclosure Statement (b) Promissory Note; (c) Deed of Trust; and (d) The Affordable Housing Agreement (Exhibit "D"). (e) Notice of Right of Recission Participant agrees and acknowledges that the executed Deed of Trust, Disclosure Statement and the Affordable Housing Agreement shall be recorded with the County Recorder of the County of Orange and shall appear of record with respect to and as encumbrances to the Property. Participant further agrees to all terms and conditions of the Disclosure Statement which is hereby incorporated as if fully set forth herein. 11 7lagreelAgencyk106102S4 V 18. Further Assurances. The Participant shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as the Agency shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement and making the Loan. 19. Governinq Law. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California. 20. Amendment of Agreement.No modification, recission, waiver, release or amendment of any provision of this Agreement shalt be made except by a written agreement executed by the Participant and Agency. 21. Agency May Assign. Agency may, at its option, assign its right to receive repayment of the loan proceeds without obtaining the consent of the Participant. 22. Assumption Permitted/Assignment Prohibited. In no event shall Participant assign or transfer any portion of this Agreement without the prior express written consent of the Agency, which consent may be given or withheld in the Agency's sole discretion. Assumption of the Loan shall be permitted, if consent is given by Agency. This section shall not prohibit the Agency's right to assign all or any portion of its rights to the loan proceeds hereunder. 23. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between the Agency and the Participant concerning all or any part of the subject matter of this Agreement. 24. Relationship of-Participant and Agency. The relationship of Participant and Agency pursuant to this Agreement is that of debtor and creditor and shall not be, or be construed to be a joint venture, equity venture, partnership, or other relationship. 12 71agreelAgencykW6MZ% 25. Notices. Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, registered or certified mail, return receipt requested to the following address: To participant: i "11��LJC" � l'e�vtiVl L C. - To Agency: THE REDEVELOPMENT AGENCY OF The City of Huntington Beach Attention: Executive Director 2000 Main Street Huntington Beach, CA 92648 Either party may change its address for notice by giving written notice thereof to the other party. 26. Term of Agreement. Except as may be provided herein, the term of this Agreement is thirty (30) years commencing on the date of execution. 27. Subordination Clause. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shaii have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. 28. Non-Discrimination. The Participant, on behalf of itself and its successors, assigns, and each successor in interest to the Site or any part thereof, hereby covenants and agrees: 13 Tagree ftencyklC)6,'021'94 �1 r (a) To use, devote, operate and maintain the Site and each part thereof, for the purposes and the residential uses specified in the conditional use permit. (b) Not to discriminate upon the basis of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, sublease, transfer or rental, or in the use, occupancy, tenure, or enjoyment of the Site or any improvements thereon, or of any part thereof. Each and every deed, entered into with respect to the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (1) The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under throiugh them, that there shall be no discrimination against or segregation of any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land. I 14 ngreelAgengkf06/=4 CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT No.5W7 IAI State of County of On a - b fore me, , PATE NAME.TITLE OF OFFICER• 'JANE DOE.NOTARY PUBLIC personally appeared NWE(S)OF SIGNER(S) /prsonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized `�o,.�rs SUE �sy��u�/.+�,, capacity(ies), and that by his/her/their f4otm KM-CaWOI 10 signature(s) on the instrument the person(s), ORANGE COt1NtY or the entity upon behalf of which the Mr conmudm Au90 21. 1995ms person(s) acted, executed the instrument. WITNESS my hand and official seal. SIG TOPE OF NOTARY OPTIONAL Though the data below is not required by law.It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT LPDIVIpUAL ORPO TE OFFICER 0, TITLE OR TYP OF DOCUMENT ITLEIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL / I ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF RSON(S)OR ENTITY IES) SIGNER(S)OTHER THAN NAMED ABOVE i 01993 NATIONAL NOTARY ASSOCIATION•KX Remmet Ave.,P.O.Box 7184•Cal-oga Park.CA 91309.7184 IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year written below PARTICIPANT" Date 2� g By N -� Print Name «r— M MC:Lv I� Title t;,r� Date By Print Name -7-To Title REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a municipal c rporation Date �02 3 9 Chairperson APPROVED AS TO FORM ATTEST BY a� BY G�1�u PJ - b�23 Agency Counsel ' Agency Clerk 15 7\agree\Agencyk/06/02/94 RECEIVED CITY CLERK. CITY OF Recordin /each, HUNTINCTCN BEAN,CALIF. And Wheeturn To: j t �,n B 3 3811 13q Redevelo of the ��Yd City of Huh 2000 Mai Huntingto92648 Attn: Executive Director Property Address: - .491 07151 . THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH LOAN DISCLOSURE STATEMENT 11we FAt"a.,— � Yle u i dG VI- y i►� _ ("Applicant") understand and agree that the provision of financial assistance from The Redevelopment Agency of the City of Huntington Beach ("Agency") is conditioned upon a number of factors, including, but not limited to: • IMe must qualify for a home loan from an institutional lender acceptable to the Agency. • IIWe must pay at least 3% of the home purchase price from our own funds. • I/We must qualify for assistance under the guidelines of the Agency's Program. lMe further understand and agree that: • IIWe will be responsible for repaying the loan at the time Ilwe sell, transfer, refinance, or no longer occupy my/our home, or breach any part of the Loan Agreement. • • I1\Ne have a right to cancel or rescind this loan at any time prior to midnight on the third business day after the loan agreement is signed by sending a notice of my/our decision to rescind or cancel the loan to: Redevelopment Agency of the City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Attn: Executive Director I 7WisdsW102M • The Agency will not require melus to make payments of principal or interest during the term of the loan. The full balance of principal and interest may be due and payable if Itwe do not comply with the terms of the agreement to which this statement is attached or when the Loan is assumed. There are no loan closing costs, prepayment penalties or charges, points, fees, finance charges, service charges, investigation fees, credit report fees, insurance premiums, notary or escrow fees, late payment charges or other fees payable pursuant to this loan. An appraisal fee may be payable upon the refinancing of my/our house. • The Agency shall not be held responsible for any costs associated with the institutional loan for the home Itwe purchase with such assistance including, but not limited to, any loan fees or charges, any charges for appraisals, or any escrow costs or other costs relating to the transfer of property. • The Agency cannot ensure that information provided by or on behalf of Applicant will be kept confidential. • The Agency shall not be responsible for the selection of a home by the Applicant, the selection of a lender providing funds assisting in the purchase of the home, providing information concerning other public or private sources of loans, or the competitiveness of the terms of the Program. Vwe assume all responsibility for determining whether Vwe desire to be considered for the Program, and Itwe will inform myselflourseIves as to the availability and terms of other public or private loans. • The Agency shall not be charged with knowledge of the contents of the documents of the primary lender. • All loans must be approved by the Redevelopment Agency of the City of Huntington Beach; therefore, a minimum 60-day escrow is necessary. 2 naiadA06MM4 The Agency financial assistance Ifwe receive under this Program may be considered to be income for purposes of federal or state income taxes and the Agency shall not be held responsible for the payment of any taxes which Ilwe may incur by virtue of the receipt of such financial assistance. Dated: Signature of applicant Dated: 6/Zd�9�i &;leek. r b Signature of applicant Dated: Signature of applicant APPROVED AS TO FORM: Agency Counsel 23 . 3 3 7r4 isctsN06W/% RECE«ED CITY CLERK CITY OF HUHTINCTOM BUM CALIF. PROMISSORY NOTE Aus 8 3 38 PH '94 t Property Address Huntington Beach, California � 6Z�PEI.j , 1994 1. Promise to Pay. �afin 4 i YK�I 'Borrower") promises to pay the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body, corporate and politic ("Holder," also referred to as "Agency"), at the office of the Agency in Huntington Beach, California, or at such other place as the Holder may des' n`e 'n writ; , tt�g pri ' al sum of , C. Dollars ( the "Note Amount"), together with interest. The balance of all unforgiven unpaid principal and accrued interest shall be due and payable upon sale of the Property or upon occurrence of the other events listed in the acceleration clause herein. 2. Interest Rate Interest shall be charged by the Agency on the portion of the Note Amount remaining unpaid from time to time, from the date of the disbursement of the Note Amount until the date upon which the Note Amount is repaid, at the simple rate of five percent (5%) per annum. In the event that Borrower transfers the Property to a Buyer qualified to participate in the Agency's Affordable Housing Loan Program and approved by the Agency ("Qualified Buyer"), and the Property has appreciated in value by an amount which would be equal to or greater than the sales price of the Property to the qualified Buyer plus five percent (5%) of the original price added.to each year of ownership, plus any prorata share of a portion of a full year which might remain at the time this is calculated, then, all accrued interest which would then have been due and payable if the Borrower were in default will be paid on the date upon which escrow closes; however, no equity share amount shall be due. Interest at the rate of five percent (5%) per annum will begin to accrue as to the new Buyer on the remaining principal from the date upon which escrow closes and all interest thereafter accrued will be due and payable at the same time the Note becomes due and payable, unless the new qualified Buyer assumes the Loan. 3. Affordable Housing Agreement This Promissory Note is made and delivered pursuant to and in implementation of an Affordable Housing Agreement recorded on the property as a covenant binding upon Borrower (the "Agreement"), a copy of which is on file as a public record with the Holder and is incorporated herein by reference, and a Loan Agreement between Borrower and Agency dated 6 28 94. This Promissory Note is attachment "B" to the Loan Agreement. 4. Acceleration The whole of the Note Amount, any interest accrued thereon, the equity share amount, and all other payments due hereunder and under the Agreement shall, at the option of the Holder, become due and be immediately payable to the Holder by the Borrower upon the occurrence of any one of the following events: (a) Unless sale is made to a qualified Bayer who assumes the Loan, Borrower sells, transfers or makes disposition of the Property in whole or in 7/loandoc/agencypromnote/06102194 part, including, without limitation, the lease, exchange or rental of the Property or any interest therein, whether voluntary or involuntary; (b) Borrower refinances any lien or encumbrances to which the Agency Deed of Trust is subordinate for loan amount in excess of the then current loan balance secured by such lien or encumbrance; (cl Borrower fails to occupy the Property as Borrower's principal residence pursuant to the Loan Agreement or is in breach or default of any other obligation under the Agreement or violates the terms of the Affordable Housing Agreement (Affordable Housing Covenant); . (d) The close of a probate estate following the death of Borrower (unless Borrower is more than one person and one or more of the other people comprising Borrower survive); (e) Borrower defaults on this Promissory Note; ff) Borrower defaults on the Agency Deed of Trust. In the event that there is a default in payment as scheduled herein or a default under the terms of the Deed of Trust securing this Note, or a default of the Agreement or in any other instrument executed by Borrower or any guarantor in favor of the Agency, the Agency may at its election declare all amounts of the outstanding principal and accrued interest thereon immediately due and payable. 5. Application of Payments Any sums received hereunder may, at the options of Holder hereof, be applied in any order to the payment of costs, interest, or principal due hereunder. 6. Prepayment Privilege is reserved to make prepayments of principal on this Note without penalty or fee. 7. Non-Waiver Failure to exercise any right the Holder may have or be entitled to, in the event of any default hereunder, shall not constitute a waiver of such right or any other right in the event of subsequent default. 8. Borrower's Waivers The Borrower and all guarantors and endorsers hereof hereby severally waive certain requirements of the Agency. These are: a) to demand payment of amounts due (known as "presentation for payment"), b) to give notice that amounts due have not been paid (known as "notice of dishonor") and c) to obtain an official certification of nonpayment (known as "protest"). Borrower consents that the Holder hereof may extend the time of payment or otherwise modify the terms of payment of any part or the whole of the debt evidenced by this Note, by agreement between the Holder and Borrower, and such consent shall not alter or diminish the liability of any person or the enforceability of this Note. Each and every party signing or endorsing this Note binds itself as a principal and not a surety. In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security, or that resort must first be had to security or to arty other person shall be asserted. All of the terms, 2 711oandoclagencypromnote106102194 covenants, provisions, and conditions herein contained are made on behalf of, and shall apply to and bind, the undersigned and its successors and assigns, jointly and severally. 9. Collection Costs If any attorney is engaged by the Agency to enforce or construe any provision of this Note or the Deed of Trust, or if Agency incurs any other expense by virtue of collecting sums due to the Agency under this Note, as a consequence of any default or event of default hereunder, with or without the filing of any legal action or proceeding, then Borrower shall immediately pay upon demand all attorney fees and all other costs incurred by the Agency, together with interest thereon from the date of such demand until paid at the rate of interest applicable to the principal owing hereunder as if such unpaid attorney fees and costs have been added to the principal. 10. Security of Note This Note is secured by a Deed of Trust (The "Deed of Trust") of even date herewith executed by Borrower covering property located in Orange County, State of California, together with the buildings and improvements now or hereafter erected thereon. 11. Maximum Interest No provision of this Note or any instrument securing payment hereof or otherwise relating to the debt evidenced hereby shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable law. If any excess of interest in such respect is herein or in such other instrument provided for, or shall be adjudicated to be so provided for herein or in any such instrument, the provisions of this paragraph shall, govern, and neither Borrower or any endorsers of this Note nor their respective heirs, personal representatives, successors or assigns shall be obligated to pay the amount of such interest to the extent it is in excess of the amount permitted by applicable law. . • 12. Business Purpose The undersigned warrants and represents that all funds advanced under this Note shall be applied and are intended solely for personal, family or household purposes as set forth in the Agreement and not for any business or commercial purposes. 13. Notice Any demand or notice to be made or given under the terms hereof or any instrument now or hereafter securing this Note by the Holder to Borrower shall be effective when mailed or delivered in the manner specified in the Deed of Trust. 14. Payments Deferrer! All interest and principal payments will be deferred so long as the Borrower is in compliance with the terms of this Note, the Affordable Housing Covenants or Agreements recorded on the Property, the Deed of Trust and the Loan Agreement. All interest shall be due at the time the Note becomes due or upon sale to a qualified Buyer, if the Property has appreciated in value by 5% or more per year over the original purchase price. 3 7/toandoc/agencyprornnote/06102194 Ito CALIFORNIA ALL-PURPOSkCKNOWLEDGM ENT N&5W7 State of County ofGt—,<_c� On , DATE • FdNE.TITLE OF OFFICER-E.G,•.IANE DOE,NOTARY PUBLIC- personally appeared , � � NAINE(S)OF SIGNER(S) l-personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose namePs Qafe— subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his-/ee /146r authorized capacity(tes), and that by him I�tfrerir- 1�ICI signature�on the instrument the person, NQftrV ORANGEa'W-��COUNW Q or the bntity upon behalf of which the My C ^fires person;4 acted, executed the instrument. AWW 21. I WITNESS my hand and official seal. SIGNATUR OF NOTAhY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ 1�eVlDUAL \ CORPO TE OFFICER ,JAW+ Tug (sy TITLE OR TYPE 0 OCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: DATE.OF DOCUMENT SIGNER IS REPRESENTING: F"E OF PE 5)OR ENTMOEaS �IYX•� — SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309.7184 M'1 IN WITNESS HEREOF, this instrument has been executed as of the date set forth below. SIGNATORY DATE: By Jlll, "Borrower" DATE: c%d/Qti By 14 "Borrower" REDEVELOPMENT AGENCY OF THE CITY OF HU TINGTON BEACH �f�J Chairperson APPROVED AS TO FORM: ATTEST: Agency Counsel Agency Cleric 4 7Aoandoclage ncypromnote106102194 RECEIrE0 CITY CLERK CITY or HUF1T1k1;T" o=„C!;,CALIF. LOAN AGREEMENT 11I1C 3 38 F1, 'Sq THIS LOAN AGREEMENT (the "Agreement") is made this day of , 19 CkA by and b twe n ("Participant")and THE CITY OF HUNTINGTON BEACH, a municipal corporation ("City"). RECITALS A. Participant has entered into an agreement (the"Purchase Agreement") to p grchas that certain real property commonly known as '?J� , Huntington Beach, California, and more particularly described in Exhibit"A" attached hereto and incorporated herein (the "Property"). B. Participant requires assistance to purchase the Property and would not be able to purchase the Property without such assistance. Participant is a person or family of low or moderate income and currently earns less than 120% of the current annual median income for the Orange County area, as those terms are defined by California Health and Safety Code Section 50093. C. Participant has represented to City that Participant and Participant's immediate family intend to reside in the Property at all times throughout the term of this Agreement. D. City desires to utilize Community Development Block Grant funds in a manner consistent with federal guidelines to assist persons of low and moderate income to purchase residential property to increase, improve, and preserve low and moderate income housing available at an affordable housing cost within the City of Huntington Beach. E. The City wishes to lend, and Participant wishes to borrow, Program funds to assist Participant to purchase the Property upon the terms and conditions set forth herein. 1 74nem V-cwnkk183093110.27 AA1 NOW, THEREFORE, for good and valuable consideration the parties agree as follows: I. City Loan City shall loan to Participant (the "Loan") the amount of Dollars ($ �� , subject to the conditions and restrictions set forth herein, in the Promissory Note, the Disclosure Statement for the Program, the Deed of Trust and all applicable State, local and federal law. The Loan shall be paid to the seller of the Propert (the "SelleiZVrW he City through deposit of the Loan proceeds into escrow with -AIM (the "Escrow Agent") (Escrow No. -L-). The City shall direct the Escrow Agent to apply the proceeds of the Loan on behalf of Participant to the purchase price of the Property, and, at Participant's election, to the costs of closing, escrow fees, recording fees, loan points and fees, and/or document fees. At such time, Participant shall execute and deliver to the City a promissory note in favor of the City as holder, in the amount of the Loan, with interest accruing at five percent (5%) per year, substantially in the form of the"Promissory Note" attached hereto as Exhibit"B" and incorporated herein. Participant shall also execute and deliver to the City a deed of trust encumbering the Property which shall secure the Promissory Note (the "Deed of Trust"), substantially in the form of Exhibit "C" attached hereto and incorporated herein. 2. Maintenance of Property. Participant shall maintain the improvements on the Property in a manner consistent with community standards and in a manner which will uphold the value of the Property, and shall keep the Property free from any accumulation of debris and waste materials. Participant agrees to comply with any and all covenants and agreements established by any homeowners association or other regulatory entity recognized by area property owners and comply with all applicable federal, state and local laws, including conditions of approval which may apply to the Property pursuant to an entitlement issued by the City. 3. Acceleration/Due on Sale. a) Except as herein provided, the Loan and all interest accrued thereon shall be due and payable upon (i) such sale, transfer, or other disposition of the Property, including, without limitation, lease, exchange or rent of any part of the Property, (ii) the refinancing of the First Mortgage for a loan amount in excess of the 2 74nem loankW3093J10:27 A-M then current loan balance or for any amortization period longer than the loan secured by the First Mortgage, or(iii) Participant is in material default of any other obligation contained in this Agreement or any provision of the Affordabie Housing Agreement or Covenant (Attachment"D"to this Agreement), as defined herein, recorded on the property, or (iv) Participant violates any condition of the deed of trust or promissory note, or (v) the death of Participant (unless the Participant's household, occupying the property, contains more than one qualified participant and at least one qualified participant survives). b) Exception to repayment provision. Accrued interest shall be due and payable upon sale of the Property only if, at the time of sale, the sales price of the Property is equal to or greater than the amount of the original purchase price plus five percent (5%) of that amount per year for every full year of ownership, starting at the close of escrow described in paragraph one (1) herein, and any pro rata share applicable to any portion of a remaining year. 4. Notice to City. Participant agrees to notify the City not less than thirty (30) days prior to (i) the sale or transfer of the Property or (ii) any refinancing of the lien of the Deed of Trust (the "First Mortgage") or any lien to which the lien of the Deed of Trust is subordinate. 5. Occupancy Standards. The Property shall be used as the personal residence of Participant and Participant's immediate family and for no other purpose. Participant shall not enter into an agreement for the rental or lease of the Property. 6. Income Information. Participant has submitted an eligibility verification form to the City prior to execution of this Agreement. Participant represents and warrants to the City that all information Participant has provided and will provide in the future is and will be true, correct and complete. Participant acknowledges that the City is relying upon Participant's representations that Participant's income does not exceed 120% of the area median income and would not have entered this Agreement if Participant's income exceeded 120% of the area median income. 7. First Time Homebuyer. Participant represents and warrants to the City that neither Participant nor any of Participant's immediate family residing in the Property has, or has had, a present ownership interest in a principal residence at any 3 7lm rndUzankk%9=3170:27 MA V `) time during all or any part of the three (3)years immediately prior to the funding of the City Loan. 8. Loan Servicing. The City may contract with a private lender to originate and service the City Loan. 9. Participant Financing. Participant shall obtain financing for the purchase of the Property from a reputable institutional lender approved by the City (the "Lender"). In addition, not less than three percent (3%) of the Purchase Price of the Property shall be paid in cash from Participant's own resources and not from the proceeds of a loan. 10. Covenants. Recorded in the Official Records of Orange County, California, is a declaration of conditions, covenants and restrictions for property, which is known as an Affordable Housing Agreement or covenants which may be attached as Exhibit "D" hereto and incorporated herein. If such a document is recorded on the property, Participant agrees that the Property shall only be owned by Participant or other persons or families of low or moderate income available at an affordable housing cost, as those terms are defined in the Affordable Housing Agreement, and that Participant shall not discriminate against any person or group of persons on the basis of race, color, religion, sex, marital status, national origin or ancestry, all as set forth in the Affordable Housing Agreement. Such affordable housing covenant /is ❑ is not (Borrower's initials applicable to this property. If no overall affordable housing covenant is re8orded or will be recorded on the property, Borrower agrees to execute an individual affordable housing agreement with the City, which will be attached to this Agreement and incorporated herein by this reference. 11. Non-Waiver. Failure to exercise any right the City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 12. Indemnification. The Participant shall defend, indemnify and hold harmless the City of Huntington Beach and its respective officers, agents, employees, representatives and volunteers from and against any loss, liability, claim or judgment relating in any manner to the Property of this Agreement. The Participant shall remain fully obligated for the payment of property taxes and assessments related to the 4 74nenmV-mnkk%&3M3170:27 AM Property. There shall be no reduction in taxes for Participant, nor any transfer of responsibility to the City to make such payments, by virtue of the Loan. 13. Insurance. Participant shall maintain, during the term of the City Loan, an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall name the City as loss payee and shall contain a statement of obligation on behalf of the carrier to notify the City of any material change, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Participant shall transmit a copy of the certificate of insurance and loss payee endorsement to City within thirty (30) days of the effective date of this Agreement, and Participant shall annually transmit to City a copy of the certificate of insurance and a loss payee endorsement, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance and loss payee endorsement shall be transmitted to City as follows: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Department of Economic Development Any certificate of insurance must be in a form approved by the City Attorney. 14. Defaults. Failure or delay by either party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the other party constitutes a default Bander this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting party shall avoid default hereunder by commencing to cure within such thirty (30) day period and thereafter diligently pursuing such cure to completion. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving 5 7tim nwU.oanlcMM3110:27 AM such notice shall not constitute a waiver of any default, nor shall it change the time of default. 15. Documents. Participant is aware that the City has prepared certain documents to implement the Program and secure repayment of the Loan. Participant has reviewed and agrees to execute the following documents prior to receiving the Loan: (a) Disclosure Statement (b) Promissory Note; (c) Deed of Trust; and (d) The Affordable Housing Agreement (Exhibit "D") (e) Notice of Right of Recission Participant agrees and acknowledges that the Deed of Trust, Loan Disclosure Statement and the Affordable Housing Agreement shall be recorded with the County Recorder of the County of Orange and shall appear of record with respect to and as encumbrances to the Property. Participant further agrees to all terms and conditions set forth in the Disclosure Statement which is hereby incorporated as if fully set forth herein. 16. Further Assurances. The Participant shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as the City shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement and making the Loan. 17. Goveming Law. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Orange, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California. 18. Amendment of Agreement.No modification, recission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Participant and City. 6 7Vm=I wnkk183093110:27 AM 19 City May Assign City may at its option assign its right to receive repayment of the loan proceeds without obtaining the consent of the Participant 20 Participant Assignment Prohibited In no event shall Participant assign or transfer any portion of this Agreement without the prior express written consent of the City, which consent may be given or withheld in the City's sole discretion No assumption of the Loan shall be permitted at any time This section shall not prohibit the City's right to assign all or any portion of its rights to the loan proceeds hereunder 21 Entire Agreement This Agreement constitutes the entire understanding and agreement of the parties This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto and supersedes all prior negotiations discussions and previous agreements between the City and the Participant concerning all or any part of the subject matter of this Agreement 22 Relationship of Participant and City The relationship of Participant and City pursuant to this Agreement is that of debtor and creditor and shall not be or be construed to be a joint venture equity venture partnership or other relationship 23 Notices Any notices requests or approvals given under this Agreement from one party to another may be personally delivered or deposited with the United States Postal Service for mailing postage prepaid, registered or certified mail return receipt requested to the following address To Participant To City City of Huntington Beach Attention Department of Economic Development 2000 Main Street Huntington Beach CA 92648 Either party may change its address for notice by giving written notice thereof to the other party 7 7\memo\Lo2nkk\83093/10 27 AM C'1L1F0RN1A ALL•PURPOSWCKNOWLEDGMENT �� NaS907 z State of County of On efore me, DATE 4 NAME_TITLE OF OffIGER•E.G.,JANE DOE,NOTARY PUBLIC personalty appeared NAME($)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person whose nameos -afe— subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in h4 &thteir authorized capacity(ies), and that by the VAL a signaturex on the instrument the person(K �.�nla or the entity upon behalf of which the C XWY person acted, executed the instrument. My�4t 21. 19g5 WITNESS my hand and official seal. - SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED DESCRIPTION OF ATTACHED DOCUMENT I�" DIVIDUAL [� CORPORATE OFFICER LE[sI TITLE OR TY OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAU'CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: N• PER [SI OR E 51 SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184.Canoga Park,CA 91309-7104 24 Subordination Clause In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property Any person including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclsoure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year written below "PARTICIPANT" nn Date Z2 9q By "�" V M.X-� Print Name PA,rA c4—, Ak AA.Ecv,N Date alg4 By �e -ec, -el— Print Name „VFc.-p E S ro CITY OF HUNTINGTON BEACH a ;,,c,�palrpora;Date �a.� 9� -� Mayor APPROVED AS TO FORM ATTES By J�� By �i,,,�ity Attorney J�� City Clerk f 6`�3 8 7Vnemo\Loankk\83093I10 27 AM RECEIVED CITY CLERK CITY OF ReZoneach, es By HUHTIHCTCh Ano ed Return To: �LG 8 3 3B Citon Beach POO 4v 6e"dc 20et Huch, CA 92648 Attnt of Economic Development Property Address: uAic-r, I D .- 71 CITY OF HUNTINGTON BEACH LOAN ASSISTANCE DISCLOSURE STATEMENT IlWe_ ratyl,Lv- T Y 1-hacl _ M401A ("Applicant") understand and agree that the provision of financial assistance from The City of Huntington Beach ("City") is conditioned upon a number of factors, including, but not limited to: • I/We must qualify for a home loan from an institutional lender acceptable to the City. • We must pay at least S % of the home purchase price from our own funds. • IIWe must qualify for assistance under the guidelines of the City's Program. ilWe further understand and agree that: • We will be responsible for repaying the loan at the time Itwe sell, transfer, refinance, or no longer occupy my/our home, or breach any part of the Loan Agreement. • IIWe have a right to cancel or rescind this loan at any time prior to midnight on the third business day after the loan agreement is signed by sending a notice of mylour decision to rescind or cancel the loan to: City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 Attn: Department of Economic Development 1 fiax�werouv� 4 • The City will not require me/us to make payments of principal or interest during the term of the loan. The full balance of principal and interest will be due and payable if Ilwe do not comply with the terms of the agreement to which this statement is attached. There are no loan closing costs, prepayment penalties or charges, points, fees, finance charges, service charges, investigation fees, credit report fees, insurance premiums, notary or escrow fees, late payment charges or other fees payable pursuant to this loan. An appraisal fee may be payable upon the refinancing of mylour house. The City shall not be held responsible for any costs associated with the institutional loan for the home 11we purchase with such assistance including, but not limited to, any loan fees or charges, any charges for appraisals, or any escrow costs or other costs relating to the transfer of property. • The City cannot ensure that information provided by or on behalf of Applicant will be kept confidential. ` • The City shall not be responsible for the selection of a home by the Applicant, the selection of a lender providing funds assisting in the purchase of the home, providing information concerning other public or private sources of loans, or the competitiveness of the terms of the Program. I/we assume all responsibility for determining whether ilwe desire to be considered for the Program, and llwe will inform myselflours elves as to the availability and terms of other public or private loans. • The City shall not be charged with knowledge of the contents of the documents of the primary lender. 2 TW iscls%06102r94 • The City financial assistance I/we receive under this Program may be considered to be income for purposes of federal or state income taxes and the City shall not be held responsible for the payment of any taxes which I/we may incur by virtue of the receipt of such financial assistance Dated ` Z�`� + k, CL Signature of applicant Dated °�`Z`eL `4 Signature of applicant Dated Signature of applicant APPROVED AS TO FORM -Z�L 4 " City Attorney cy3��r 3 7\discls\06/02/94 �} RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH.CALIF. �I PROMISSORY NOTE Avc 8 3 3s PH 'S Property Address CQ � =j� Huntington Beach, California ate 2R, 1. Promise to Pay. 1v1V1("Borrower") promises to pay the CITY OF HUNTINGTON BEACH, a municipal corporation ("Holder," also referred to as "City"), at the office of the City in Huntington Beach, California, or at such other place�sH�ol�d�e�ayl designate in writing, the principal sum of Dollars {SL 0 (theN,"�N,ote Amount"), together with interest. The balance of all unforgiven unpaid principal and accrued interest shall be due and payable on the 30th anniversary date of this Promissory Note. 2. Interest Rate Except as herein provided, interest shall be charged by the City on the portion of the Note Amount remaining unpaid from time to time, from the date of the disbursement of the Note Amount until the date upon which the Note Amount is repaid, at the simple rate of five percent (5%) per annum. 3. 'Affordable Housing Agreement This Promissory Note is made and delivered pursuant to and in implementation of an Affordable Housing Agreement recorded on the property as a covenant binding upon Borrower (the "Agreement"), a copy of which is on file as a public record with the Holder and is incorporated herein by reference, and a Loan Agreement between Borrower and City dated 6/28/94 . This Promissory Note is attachment "B" to the Loan Agreement. 4. A. Acceleration Except as otherwise provided herein, the whole of the Note Amount, any interest accrued thereon, and all other payments due hereunder and under the Agreement shall, at the option of the Holder, become due and be immediately payable to the Holder by the Borrower upon the occurrence of any one of the following events: (1) Borrower sells, transfers or makes disposition of the Property in whole or in part, including, without limitation, the lease, exchange or rental of the Property or any interest therein, whether voluntary or involuntary; (2) Borrower refinances any lien or encumbrances to which the City Deed of Trust is subordinate for loan amount in excess of the then current loan balance secured by such lien or encumbrance; (3) Borrower fails to occupy the Property as Borrower's principal residence pursuant to the Loan Agreement or is in breach or default of any other obligation under the Agreement or violates the terms of the Affordable Housing Agreement or Affordable Housing Covenant; 1 7110 andocicitypromnote106102194 (4) The close of a probate estate following the death of Borrower (unless Borrower is more than one person and one or more of the other people comprising Borrower survive); (5) Borrower defaults on this Promissory Note; (6) Borrower defaults on the Agency Deed of Trust. B. Exception to Payment Requirement Accrued interest shall be due and payable upon sale of the Property only if, at the time of sale, the sales price of the Property is equal to or greaterthan the amount of the original purchase price plus added thereto five percent (5%) of that amount for every full year of ownership, since the close of escrow described in paragraph one (1) herein,-plus any pro rata share applicable to any portion of -a remaining year. In the event that there is a default in payment as scheduled herein or a default under the terms of the Deed of Trust securing this Note, or a default of the Agreement or in any other instrument executed by Borrower or any guarantor in favor of the City, the City may at its election declare all amounts of the outstanding principal and accrued interest thereon immediately due and payable. 5. Anplication of-Payments, Any sums received hereunder may, at the options of Holder hereof, be applied in any order to the payment of costs, interest, or principal due hereunder. 6. Prenayment Privilege is reserved to make prepayments of principal on this Note without penalty or fee. 7. Non-Waiver Failure to exercise any right the Holder may have or be entitled to, in the event of any default hereunder, shall not constitute a waiver of such right or any other right in the event of subsequent default. S. Borrower's Waivers The Borrower and all guarantors and endorsers hereof hereby severally waive certain requirements of the City. These are: a) to demand payment of amounts due (known as "presentation for payment"), b) to give notice that amounts due have not been paid (known as "notice of dishonor") and c) to obtain an official certification of nonpayment (known as "protest"). Borrower consents that the Holder hereof may extend the time of payment or otherwise modify the terms of payment of any part or the whole of the debt evidenced by this Note, by agreement between the Holder and Borrower, and such consent shall not alter or diminish the liability of any person or the enforceability of this Note. Each and every party signing or endorsing this Note binds itself as a principal and not a surety. In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security, or that resort must first be had to security or to any other person shall be asserted. All of the terms, covenants, provisions, and conditions herein contained are made on behalf of, and shall apply to and bind, the undersigned and its successors and assigns, jointly and severally. 2 7/toandoc/citypromnote/06102/94 9. Collection Costs If any attorney is engaged by the City to enforce or construe any provision of this Note or the Deed of Trust, or if City incurs any other expense by virtue of collecting sums due to the City under this Note, as a consequence of any default or event of default hereundere, with or without the filing of any legal action or proceeding, then Borrower shall immediately pay upon demand all attorney fees and all other costs incurred by the City, together with interest thereon from the date of such demand until paid at the rate of interest applicable to the principal owing hereunder as if such unpaid attorney fees and costs have been added to the principal, 10. Security-of Note This Note is secured by a Deed of Trust (The "Deed of Trust") of even date herewith executed by Borrower covering property located in Orange County, State of California, together with the buildings and improvements now or hereafter erected thereon. 11. Maximum Interest No provision of this Note or any instrument securing payment hereof or otherwise relating to the debt evidenced hereby shall require the payment or permit the collection of interest in excess of the maximum permitted by applicable Raw. If any excess of interest in such respect is herein or in such other instrument provided for, or shall be adjudicated to be so provided for herein or in any such instrument, the provisions of this paragraph shall govern, and neither Borrower or any endorsers of this Note nor their respective heirs, personal representatives, successors or assigns shall be obligated to pay the amount of such interest to the extent it is in excess of the amount permitted by applicable law. 12. Business Purpose The undersigned warrants and represents that all funds advanced under ttus Note shall be applied and are intended solely for personal, family or household purposes as set forth in the Agreement and not for any business or commercial purposes. 13. Notice Any demand or notice to be made or given under the terms hereof or any instrument now or hereafter securing this Note by the Holder to Borrower shall be effective when mailed or delivered in the manner specified in the Deed of Trust. 14. Payments Deferred All interest and principal payments will be deferred so long as the Borrower is in compliance with the terms of this Note, the Affordable Housing Covenants or Agreements recorded on the Property, the Deed of Trust and the loan Agreement and uses the Property as his personal primary residence. 3 . 711oandockitypromnotel06l0219 4 �5 CALIFORNiA ALL-PURPOS E"ACKNOWLEDGMENT No.s9o7 State of ' County of On •a3 . 9 before me, , DATE NAME.TITLE OF OFFICER-E.G..'JANE ME.NOTARY PUBLIC personally appeared _ h-101�a-ht-7— , , NAMES)OF SIGNER(S) Ly'personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person( whose nameWQ4W_ subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in #rsdR/t#c>T authorized capacity i sl, and that by h4s/�Ith-erir sou signature s) on the instrument the person4s); USA SUE SURACI or the entity upon behalf of which the COANGE CXXM person�Wacted, executed the instrument. EllMy C.oerx hkn E9*9s August 21. 1"S WITNESS my hand and official seal. SIGNAY&E OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER d2� TITLE OR TYPE OF 60CUMENT TyLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 4 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER. DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME PE S)OR ENT17YOES -� SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184-Canoga Park.CA 91309-7184 e IN WITNESS HEREOF this Instrument has been executed as of the date set forth below U SIGNATORY DATE �Zg r By K� �A� Borrower DATE lvl��9� By uc4e-cf- 411, Borrower CITY OF TINGTON BEACH Mayor ATTEST APPROVED AS TO FORM r A,- By B il,+� y City Clerk Ity Attorney r 4 7/Ioandoc/citypromnote/06/02/94 r i tilru G I IGLU! b1-by` j Jan 2- � r �� N0 .'J 111 h' .'J} Racxw N .r: 7421-L 700. MUL su&sla►r W#Z c%mussl0m baud an prise$-122 500.00 1 5.00% - $6 125.00 puD y}td11 PAID t'110N bivision of couRienLen (line 700� as fellorsr japjtum's OXUX,P 7010 $2t450.00 to OOLUWEL Bmaums ra«ns r"MD° AT 102. sIC837.50 to THE PRUDEMAL N*XKW REALdI'Y • 702. Commi".im pald ae aatt].ument 7bd. FIRM TEAK[ $1 837,50 W. 1TmN1 pJ1YA01.e 311 CCOR NlZil 1dIN ��--- ------------------- --- - '---- 101. Lana 0rl4iW&jLM yar fOt. Ian pleeauet .K. 103. apps d"t Pas to 294. Credit ns pwt to not. Tex S4Wvjce FdD _ S 1 BW @of- ERCK7MMG Pu Sly ERM 350.00 all. too. TS'Mm NapUl= K ummC T* N PAID IM A MAZ lk Sol. Intao nt !r-06 30 % to 07 61 94 , i .21,00 /dAy 903. Martyege X�+euran a liarlm tow -----mootho to 903. /awed Insurance tswlm for years to 904. years to l03. 100b, Lsf48ri�ltsrll L=c= 1D01. sesatd j puranoe Monthe 1 per month loot. Mortgage LmnMerwe Months I per r! 1003. city preparey tax" months 1 gec month 1004. County Property tuner months 1 Pax oe th 1005. AMAMI 66060ONKMO Munthe 7 par muth labs. Houths 1 par month 1067. i 0"04 0 yer vdnth labs. malth. 1 per month 1100. 27Tim C®ut=W 11a1. setument.es aum"o feb to 'iTIRVd ESCROW INC. _ _ w $469.38 1102. FEDEM EXPRM FM TIEM ESCROW INC. $20.00 11al. 1105. Dooweent pzeyeratSan to 1106. !Notary fees to SAT,$Y C7LIAMIAN 160000 1107. HOA IDS--7iA.Y i $172.76 IM, Title isesrame to CAANW CS`r TI= COMPANY $300.00 $388.80 Imaludee ■w"s itre nmIb&V* 1101. ta=.dem•e ewecump $67 500.0 1110. o.n"'a ooverm" $122 500.00 1111* Sub TWO Foe CRANZ COARr 777?A CX14P 6 ..50 $62.50 ma. ffiQ MGM 103.1 OHANM CDA5T TM'lE COW $47.20 09m. I�MMO . 5 0PANCII! 0(�P1�r R'I'rI 4 Ogg' 07S.00 1700. GDWm M y Romom AID 9lam{!M cd"M 1701. bmxwd1s0 fowl Dead 1 Mo940ir 52.00 : Na1Mar 1 8.00 3107. CityPooaetr tan/atespee Deed 1 5.30 1 114n9w 1902. Mate ta+datapme berm 1104. PMC-r UNN alff TI -- .uot. A99, V $50.00 _ 1,100. ALtu=ueer ssn%smser csaws� 3301. (]I2MW UJAST TrffZ (3C 130t. best "Wromtien to iin-A HrTM VWVflrIVWFAff'Hb.' J6-Y 8Ts►S'+l' Abgmm lb1 �3d6.D8 nod. mmUNiT5 * T SCAN slot. The ibmw indicated by `POC• have been iwluded at the direction of the lender for disclosure p i pows only. The escrow holder/settl.ewnt agent herein has no knowledge of these expedlditures as provided by the lender. They have r ort beetx and ca 1by verified as to the artllcuntj e , nor actual. �t erld na liabili ass assumeclosingagent ae to the val a mWor the su# icie"n r them#. �TIFYED TO ;qCOPY OF Tm OpF TIEMPO ESCRO 'r 71 - an u u 2 1 0 R s 31014 W, B. TYM OF ZAIRN a '% . VNINS. NU-i 4.LJII*5 4. ?nZ bVMZFt 7. WAN NVHM x 69000941 4.5 'x $2 m 7421 • S. PORTGAM XMMMAWN GAM WYNM N C. I This form in furnished to give Y au a *-.&twa.jL uf &A�rl set!lwmlt 4Am'Lv. Arw_*�,ttv V&W to and try 'Lhu eattl nt ryant &IV shown, iteois marked (p.9-c.) were paid outside of closingi they are thbm. hers for Inforeational pLjpD6*o and are not included in the total&. 40F R. H&M OF ffiff3MI PAMICK M. MELVIN HEWN FRGNT PRDPEFUY MANAGEMENT NELIDE rM 21294 BEAM BLVD. #107 15272 BOLSA CHICA ROAD HUNrnV" WACH CA 92648 MNrDMM MACH, CA 92649 F. HRM CO LENrARs I O. PADPWrY UMTT011 t MM BANK 409 UTICA AVENUE #D-39 som WMMD" BEAM CAL 92648 9020 STEMTE ST. MSENW, CA. 91770 __ W. OffrLMOn AORW 1-nom or arruma am TIEMPO MUlf'r.,- ITC: 1 I 1c)093 REAM, BLVD. �Jl�TPiNTrjN BEACH, CA 92648 06/30/94 J. summ"T OF 5ORROWER's Tn"SACT1011 X. SUMMARY or p2m.MR-2 T"NHACTZON 100. won Am= wx rRm at mwwmi awn AM UNZ MER TO SWAMI 101. CAMtFWt 661*4 PrIC8 �1224500.0016u. contra-t .aloe E-Aoa 1 $122,500-00 To,?. ftrec"I p"VeLty 402. Parocnal property lus. settlement charges to bWXVAOC (LLM 1400) $2,115.05 m, lid ustuento far Items Paid 16.1 Seller In advatafte "Justneuto for items paid by Pallor in advance 106. 4ft1tx/t-M/tvx** to 406. city/toff/taxes to 107. cvuty ta7m 06/03/94 to 07/01/941 7..$0 4o7. emnty ta-*e 06/03/94t* 07/01/94 2.80 9 f -4 104. Amosessantm---.-06/03/94 to 07/01/_ 0 __$5.176 ov. Nuee&aemnta _06103 94t. 07?01/04 - 5.76 -A-410. 312. 1412. 120. GRO66 Ahm" on PM BORMW $124c623A1 420. aRms Am= wo To muxa 56 -- ---- 27501:1200. ANDUNTO PAM by CR IM MMMY (V DORROWNU 500. NEtt-MM IN AHULWr DUE 29 SILUMI 201. Depooft of s&rneat SW&Y $2,000.00 qui. uceso g!&Lt go** imouvcuons� 202. principal somnt of now loan(m) $67,500.00 sal. sottlowft 2L%&Me to seller (Line 1400) �7,201.60 201, RKi6ti!!q loan(s) taken sub art, to Sol. i-, Sting loans taken oubloat to 204. 504. Payoff of firetuact" loan $1154000.00 23s. LENDERCOM 41,766.881%1351 ftyoff of 8000nd !aqm 1"n 206. AWMCNAL DEFMIT .$7'2()_0A0 ; 707. CITY IfAN #2 --,.-$3r noo-.oc 2o@. CITY LM #3 1 90.00 20P. 509. jkdjustment for ftens unpaid by seller Adjustment for items URPOLd by efil Or ------ 210. city/trawn taxes to 510. city/tam twwa to 211. cftn&y tam" to 511. Wiftr to"* to 212. AmossWorKe to TY SU. Apem, to to 21S. 523. - 114. 114. FL OORINO (EDIT 111E 300.00 mile FLOMMG CREDIT 1300.00 517. Sig. 219. -m 531. 1 M34 501.601 220. lam PAM by" qmra 38 Fs-- rOML RMXXTICH AHMW DM =jXR 300. CMH Ar Wrnmmm --MKATG WRRCWM %SH AT lZrILEHOM TOIFFMX PRIAM 301. dm*4 wilavnt duo fz%vv borrower (trine 120) 23 as arrant due to seller (Line 420) $122 509.56 1302, Lee* 2211) $124 76( cog coduatimm in ummm due $*I F Line sz 11-143 501-60 30%. CABO MN)-1 X r, &..AFMM xxv TOL X nm) Fusm - $993.04, OT YO 13E p, rpUjE AN QgKIFIED-rHF- oj�;Gjr4�,L HF-Rp'of s o uN am nH OF NE373 AdiJ VEMPO 03M33R 9 ALTA loan Policy �+ ;7A? ■aForm Ia f1i �t, na2) I �■ Policy of Title Insurance Issued By I rl 183_415 0 3 2 TRW Title insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS,TRW TITLE INSURANCE COMPANY,a Kansas corporation,herein called tho Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insur- an:,e 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; a Unmarketability of the title; 4. Lack of a right of access to and from the land; 5. The Invalidity or unenforceability of the lien of the insured mortgage upon the title; E The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Lack of priority of the lien of the Insured mortgage over arrJ statutory lien for services, labor or material: (a) arising from an improvement or work related to the lard which is contracted for or commenced prior to Date of Policy;or (b) arising from an improvement or work related to the land which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. Any assessments for street improvements under construction or completed at Date of Policy which now have gained or hereafter may gain priority over the insured mortgage;or 9. The invalidity or unenforceability of any assignment of the insured mortgage,provided the assignment is shown in Schedule A,or the failure of the assignment shown in Schedule A 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. TRW Title Insurance Company ATTEST Countersigned by: t c� Secretary /1/1"' Ru0*1M orxer a,gern 4007 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and statutory lien for services labor or material or the extent insurance is afforded the Company will not pay loss or damage costs attorneys fees or expenses which herein as to assessments for street Improvements under construction or com arise by reason of pleted at Date of Policy) or 1 (a) Any law ordinance or governmental regulation(including but not limited to (e) resulting in loss or damage which would not have been sustained if the in building and zoning laws ordinances or regulations)restricting regulating sured claimant had paid value for the insured mortgage prohibiting or relating to(i)the occupancy use or enjoyment of the land 4 Unenforceability of the lien of the insured mortgage because of the inability or (u)the character dimensions or location of any improvement now or hereafter failure of the insured at Date of Policy or the inability or failure of any subsequent erected on the land (ill)a separation in ownership or a change in the dimes owner of the indebtedness to comply with the applicable doing business laws sions or area of the land or any parcel of which the land is or was a part of the state in which the land is situated or(iv)environmental protection or the effect of any violation of these laws 5 Invalidity or unenforceability of the lien of the insured mortgage or claim thereof ordinances or governmental regulations except to the extent that a notice which arises out of the transaction evidenced by the insured mortgage and is of the enforcement thereof or a notice of a defect lien or encumbrance resulting based upon usury or any consumer credit protection or truth in lending jaw from a violation or alleged violation affecting the land has been recorded in 6 Any statutory lien for services labor or materials(or the claim of priority of any the public records at Date of Policy statutory lien for services labor or materials over the lien of the insured mort (b) Any governmental police power not excluded by(a)above except to the extent gage)arising from an improvement or work related to the land which is contracted that a notice of the exercise thereof or a notice of a defect lien or encum for and commenced subsequent to Date of Policy and is not financed in whole brance resulting from a violation or alleged violation affecting the land has or in part by proceeds of the indebtedness secured by the insured mortgage which been recorded in the public records at Date of Policy at Date of Policy the insured has advanced or is obligated to advance 2 Rights of eminent domain unless notice of the exercise thereof has been recorded 7 Any claim which arises out of the transaction creating the interest of the mortgagee in the public records at Date of Policy but not excluding from coverage any taking insured by this policy by reason of the operation of federal bankruptcy state which has occurred prior to Date of Policy which would be binding on the rights insolvency or similar creditors rights laws that is based on of a purchaser for value without knowledge (a) the transaction creating the interest of the insured mortgagee being deemed 3 Defects liens encumbrances adverse claims or other matters a fraudulent conveyance or fraudulent transfer or (a) created suffered assumed or agreed to by the insured claimant (b) the subordination of the interest of the insured mortgagee as a result of the (b) not known to the Company not recorded in the public records at Date of Policy application of the doctrine of equitable subordination or but known to the insured claimant and not disclosed in writing to the Corn (c) the transaction creating the interest of the insured mortgagee being deemed pany by the insured claimant prior to the date the insured claimant became a preferential transfer except where the preferential transfer results from the an insured under this policy failure (c) resulting in no loss or damage to the insured claimant (i) to timely record the instrument of transfer or (d) attaching or created subsequent to Date of Policy(except to the extent that (u) of such recordation to impart notice to a purchaser for value or a judge this policy insures the priority of the lien of the insured mortgage over any ment or lien creditor CONDITIONS AND STIPULATIONS 1 DEFINITION OF TERMS contractual condition requiring the delivery of marketable title or interest or the lien of the insured mortgage as insured and The following terms when used in this policy mean 2 CONTINUATION OF INSURANCE which might cause loss or damage for which the Company may (a) insured the insured named in Schedule A The term (a) After Acquisition of Title The coverage of this policy be liable r t virtue of this policy or(iii)if to the estate or insured also includes interest or the lien of the insured mortgage as insured is re shall continue in force as of Date of Policy in favor of(i)an insured (i) the owner of the indebtedness secured by the insured who acquires all or any part of the estate or interest in the land the C as unmarketable If prompt notice shall not t given to mortgage and each successor in ownership of the indebtedness by foreclosure trustees sale conveyance in lieu of foreclosure the Company then as t the insured all liability off the Com except a successor who is an obligor under the provisions of or other legal manner which discharges the lien of the insured Pany shall terminate with regard to the matter or matters for Section 12(c)of these Conditions and Stipulations(reserving which prompt notice is required provided however that failure mortgage (hi)a transferee of the estate or interest so acquired however all rights and defenses as to any successor that the from an insured corporation provided the transferee is the to notify the Company shall in no case prejudice the rights of unlesre Coms the would cessor acqu red the indainst ebtedness as a purchaser or insured Parent or wholly owned subsidiary of the insured corporation judiceduby he failure anred under this d then onlly t the exteess the nt of the prejudice shall be for value without knowledge of the asserted defect lien and their corporate successors by operation of law and not by encumbrance adverse claim or other matter insured against Purchase subject to any rights or defenses the Company may 4 DEFENSE AND PROSECUTION OF ACTIONS encumbrance bran a adverse claim title r otherhe matter insuredt in against have against any predecessor insureds and(iii)any govern DUTY OF INSURED CLAIMANT TO COOPERATE by (ol any governmental agency to or governmental i and)stru mental agency or governmental instrumentality which acquires (a) Upon written request by the insured and subject to mentality which o an insurer or guarantor under an insurance all or any part of the estate or interest pursuant to a contract the options contained in Section 6 of these Conditions and contractor guaranty insuring or guaranteeing the indebtedness of insurance or guaranty insuring or guaranteeing the in Stipulations the Company at its own cost and without secured by the insured mortgage or any part thereof whether debtedness secured by the insured mortgage unreasonable delay shall provide for the defense of an insured named as an insured herein or not (b) After Conveyance of Title.The coverage of this policy in litigation in which any third party asserts a claim adverse (as the parties designated in Section 2(a) of these shall continue in force as of Date of Policy in favor of an in to the title or interest as insured but only as to those stated Conditions and Stipulations sured only so long as the insured retains an estate or interest causes of action alleging a defect lien or encumbrance or other (b) insured claimant an insured claiming loss or in the land or holds an indebtedness secured by a purchase matter insured against by this policy The Company shall have damage money mortgage given by a purchaser from the insured or the right to select counsel of its choice(subject to the right (c) knowledge or known actual knowledge not only so long as the insured shall have liability by reason of of the insured to object for reasonable cause)to represent the constructive knowledge notice which maybe imputed to a covenants of warranty made by the insured in any transfer or insured as to those stated causes of action and shall not be sured by reason of the public records as defined in this policy conveyance of the estate or interest This policy shall not con liable for and will not pay the fees of any other counsel The insured any other records which impart constructive notice this matters tinue in force in favor of any purchaser from the insured of either Company will not pay any fees costs or expenses incurred by affecting the land (i)an estate or interest in the land or(n)an indebtedness the insured in the defense of those causes of action which allege secured by a purchase money mortgage given to the insured matters not insured against by this policy (A) and improvements affixed thereto which bylaw constitute (c) Amount of Insurance The amount of insurance after (b) The Company shall have the right at its own cost to real property The term land does not include any property the acquisition or after the conveyance shall in neither event institute and prosecute any action or proceeding or to do any beyond the lines a the area described or referred to in Schedule exceed the least of other act which in its opinion may be necessary or desirable (A) nor any right title interest estate r easement in abutting (i) The amount of insurance stated in Schedule A to establish the title to the estate or interest or the lien of the streets roads avenues alleys lanes ways or waterways but (ii) The amount of the principal of the indebtedness insured mortgage as insured or to prevent or reduce loss or nothing herein shall modify or limit the extent to which a right secured by the insured mortgage as of Date of Policy interest damage to the insured The Company may take any appropriate of access to and from the land insured by this policy thereon expenses of foreclosure amounts advanced pursuant action under the terms of this policy whether or not it shall (e) mortgage mortgage deed trust trust deed or to the insured mortgage to assure compliance with laws or to be liable hereunder and shall not thereby concede liability or other security instrument protect the lien of the insured mortgage prior to the time of waive any provision of this policy If the Company shall exer (f) public records records established under state acquisition of the estate or interest in the land and secured cise its rights under this paragraph it shall do so diligently statutes at Date re Policy for the purpose of imparting con thereby and reasonable amounts expended to prevent deteno (c) Whenever the Company shall have brought an action statuthes notice of matters relating to real property to purchasers ration of improvements but reduced by the amount of all or interposed a defense as required or permitted by the provi for value and without knowledge With respect to Section purchasers Payments made or sions of this policy the Company may pursue any litigation to of the Exclusions From Coverage public records shall also (iii) The amount paid by any governmental agency or final determination by a court of competent jurisdiction and environmental protection liens filed in the records of governmental instrumentality if the agency or instrumentality expressly reserves the right in its sole discretion to appeal include en the clerk the United States district court for the district h is the insured claimant in the acquisition of the estate or interest from any adverse judgment or order in satisfaction of its insurance contract or guaranty (d) In all cases where this policy permits or requires the which the land is located (g) unmarketability of the title an alleged or apparent I NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT Company c prosecute or provide for the defense of any ac matter affecting the title to the land not excluded or excepted The insured shall notify the Company promptly in writing(i) then or proceeding the insured shall secure to the Company from coverage which would entitle a purchaser of the estate in case of any litigation as set forth in Section 4(a)below (n) the right to so prosecute is therein provide defense t the action Company or interest described in Schedule A or the insured mortgage in case knowledge shall come to an insured hereunder of any pro use at hgts option thethe name of the and fair this purpose the to be released from the obligation to purchase by virtue of Iahm of title or interest which is adverse to the title to the estat (continued on inside back cover) 4007 ALTA LOAN POLICY SCENE A TCUAL FEE FOR TITLE, EXANIIN�T2KCVN RID TITLE INSURE M $50.00 AMOUNT OF INSURANCE: $100,000.00 ICAN NO. M LVIN ORDER NO. 216739-3 POLICY NO. M 183-415032 DATE OF POLICY: JULY 1, 1994 AT: 3:59 P.M. 1. NAME OF INSURED: THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST IN THE 104D DESCRIBED IN SCHEDULE A AND MUCH IS COVERED BY THIS POLICY IS: A C ONDDADa+1 AS DEFINED IN SECTION 783 OF THE CALIFDRNIA CIVIL CODE, IN FEE. 3. THE ESTATE OR INTEREST REFERRED TO HEREIN, IS AT DATE OF POLICY VESTED IN: PATRICt M. ME LVIN AND NELIDE ITO, HUSBAND AND WIFE, AS JOINT TENANTS 4. THE MORTGrASS, HEREIN REFERRED TO AS THE INSURED MORD03E, AND THE ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS FOLLOWS: A DEED OF TRUST TO SECURE AN DID AMOC>6TI': $10,000.00 TRUSIOR: PATRIC K & NELIDE KELVIN TRUSTEE: THE REDE.VELOO MER A.;ETICY OF THE CITY OF HUr TEITNr 3 BEACH, A PUBLIC BODY CORPORATE AMID POLITIC BIINEFICIARY: THE CITY OF HUNTINGTON BEACH, A MUNICIPAL OORP0RATiam HATED: wr Sm-N RECORDED: JULY 1, 1994 AS TNSIRCT'IEN NO. 94-437387, OF OFFICIAL RECORDS WMZ NO.: 216739-3 WE NO. : 2 SCHEDULE A (CONTINUED) 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: THE LAND IS SITUATED IN THE STATE OF CALIFORNIA CCUNIiY OF ORANma PARCEL, 1: UNIT NO. 39, C NSISTE93 OF CERTAIN AIRSPACE AMID SURFACE ELEMENTS, AS SHOWN APED DESCRIBED IN THE COND39 9PIA PLAN ("PLAN") FOR BRISAS DEL MAR LO TUED CXl LOT 1 OF TRACT 14757, AS SHOL.-T ag A SUBDIVISION' MAP RECORDED C IN SEV IIBER 1, 1993, IN BOOK 701, PAGES 42 THRIOUGH 43, INCLUSIVE OF VlISCEL,TANST S MAPS, IN THE OFFICE OF Tim ORANGE COUNTY R ("OFFICIAL RECORDS") ,, WHICH F&M WAS RECORDED au SEPTEMBER 15, 1993, AS INSTRUMEar NO. 93-0621742, OF OFFICIAL RECORDS, CALIFORNIA. PARCEL 2: AN UNDIVIDED ONE FORTY-FOURTH (1/44) FEE SIMPLE IlVIII2FST AS A TENANT IN O:tTlON IN APED TO NOL= B SMCI ON THE PLAN APED DEFINED IN THE DECLARATION REFERRED TO BELOW AS THE "CXt• I N AREA". EXCEPT THEREFROM[ ALL OIL, GAS, MINERALS AND OTHER HYDROCARBCO1 SUBSTANCES LYING BEU 7 A DEPTH OF 500 FEET WITHour ANY Rwr 70 ENTER UPON THE SURFACE O.R THE SUBSURFACE OF SAID LAND ABCNE A D�TH OF 500 FEN!', AS PROVIDED IN INSTRUMENTS OF RECORD. PARCEL, 3: NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, USE, ENJOYMENT, DRAIllAGE, Ei9CROAC�II+=TT, SUPPaT, VhlNnlD9AlK& REPAIRS AND FUR OTHER PURPOSES, ALL AS MAY BE SHOW IN THE PLAN, AND AS ARE DESCRIBED IN THE LEGATION. PARCEL 4: EXCLUSIVE EAR31 US APPouivAir TO PARCELS NO. 1 = NO. 2 DESCRIBED ABOVE FUR USE FOR PARKING PURPOSES DESCRIBED AS EXC113SIVE USE AREAS IN THE DECLARATION, OVER PORTIONS OF LOT 1 OF TRACT 14757 SIK7W AND ASSIGNED IN THE PLAN. PARCEL 5: AN Enm;usrVE EASEMENT APPURTEKNNT TO PARCELS NO. 1 AND 190. 2 DESCR_� AB743, FOR USE FOR PATIO, BAU1 I U, AND FIRE MA71S STAIRCASE PURPOSES DESCRIBED AS EXCLUSIVE USE AREAS IN THE DECLARATION, AS APPLICABLE, ABLE, OVER PORTIONS OF U17 1 OF TRACT 14757 AS S 21, ASSIGK D APED DESCRIBED IN THE PLAN. CF CER ND.: 216739-3 ` � ALTA IOAN POLICY PAD£ NO. . 3 SCHEDULE B PART I THIS POLICY DOES NDrT IDLE AGAINST Loss az DA wm (AMID ZHE CCHPANY WILL NOT PAY Oa;IS, A MPl EYS' FEES OR 0GUlSES) W-UCH ARISE BY RFASON OF: E. MERAL AMID SPECIAL TAXES, A LIEN NOT YET PAYABLE, FEZ TBE FISCAL YEAR 1994- 1995. F. THE LIEN OF SUPP!10-!E L TAXES, IF ANY, ASSESSED P[RSCIAM M CI-MyIER 3.5 C1CH lENCING WITH SECTION 75 OF ZHE CAMEO MIA REVENUE AM TAXP,ZZClN CODE. 1. THE EF ECI OF A OCI�'Ndl= OIL AND GAS LS4SE E MCUrED BY LaCTlS BENSO T AMID ELOISE B. BFNSCN, HIS WIFE AND BY OTM PER.SCNS AS TO MTOZ LAND, AS LESSORS, AND BY OOLUMIA LEASING AND DEVELOPING WTANY, A 0ORP RATIaN, AS LESSEE, REOCRDED NOVENBER 6, 1920 IN BOOK 16, PAGE 198 AND RE-RECORDED AUC,L35'T 11, 1921 IN BOOK 25, PAGE 247 OF LEASED, B=A OF LEASES, TO VHICH RECORD REFERENCE IS MADE FOR FULL PARTICUE-P.RS. 2. AN EASEMENT FOR PIPE LINES AND INCIDRTIAL PURPOSES, AS C-RANTF9 70 1-.MN 'INC,' W BEACfi Cl3vlPANY IN THE DEED RECIORDED IN BOOK 319, PAGE 149 OF DEEDS, OF OFFICIAL RECORDS, A CNG THAT PORZTCDT OF SAID LAND AS rME PARTICULARLY DESCRIBED IN SAID INSTRUlv!ENT. 3. COVENANTS, MMITIONS AID RESTRICTIMS IN AN INSTRL = RECOPLED IN BOOK 319, PAGE 149 OF DEEDS, OF OFFICIAL RECORDS. THE: PROVISIONS, IF ANY, OF SAID EZTUMENP VNIC H PROVIDE RESIRICTICNS BASED CN RACE, COLOR, RELIGION OR NATIONM ORIGIN ARE DEL=. 4. AN FASDMTT FOR PIPE, POLE LINES AM INCIDaTM PUBES, AS CANTED ZO PE'IROLELM MI 3-aY CLSvlPANY, LTD., IN THE DEED RECORDED IN BOOK 578, PAGE 269 OF DEEDS, OF OFFICIAL REOMM, ALCM THAT PORTICN OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID INSTRUM=. 5. AN EASEMENT FOR PIPE LIl`]E AND INCIDEI M PURPOSES, AS GRANTED TO STANDARD OIL COMPANY OF CALIFORNIA IN THE DEED REODRDF,E] IN BOOK 865, PAGE 15 OF OFFICIAL RECORDS, ALXTG THAT PORTION OF SAID LAlZ AS MORE PARTICULARLY DESCRIBED IN SAID INSTRU=. 6. AN FASEVENT FOR PIPE LSN_S AND IN ENTAL PURPOSES, AS GRANTED 70 STANDARD OIL CalPANY OF CALIFORNIA AND SIANAARD CAMLINE CTANY, IN THE DEED RECORDED IN BOOK 3577, PAGE 119 OF OFFICIAL RECORDS, AlWG THAT POR•TIC�t3 OF SAID LAND AS 1-= PARTICULARLY DESCRIBED IN SAID INSTR T=. 7. AN EASE71OU FOR PIPE LIlVE.S ANC INCIDIIUM FURIK)SES, AS GRANTED TO THE TO= M,TANY, A CORPORATION, IN THE DEED RECOMED IN BOOK 3660, PAGE 257 OF OFFICIAL RECORDS, ALA THAT PORTION OF SAID LAND AS ]MORE PARTICULARLY DESCRIBED IN SAID INgi LM3lT. 8. AN FASFN= FOR PUBLIC UTILITIES AND =DEVIAL PURPOSES, AS G WMD TO TME GENERAL TE LEPMM COMPANY OF =FaWIA, A 0ORPC7RATION, IN DEED RECORDED AS INSIRUI= NO. 87-440298 OF OFFICIAL RFXOFAS, ALCM THAT PCRTICN OF SAID 1;0M AS MDRE PARTICULARLY DESCRIBED IN SAID lNST[U4ENi'. SAID DEED PROVIDES THAT ND BUILDING OR STRUCIURE SHALL BE PLA= OR MAIlN!'AINED ON SAID FA.SEME TT. ORDER I•A. : 216739-3 ' PA3B NO. . 4 9. THE TERMS, PROVISIONS AMID OXIDITICUS Q3i`1I'AINID IN A DOCfS= ENTITLED "AFFORDABLE HOUSING RESTRICTION AND COVENANT", EXEX.IU D BY AM BERIEEN BEACITRRCHT LAKE STRZEE T PROPERTIES AND 71-7- CITY OF H=MM BEACH, RECORDED SEPIUSER 2, 1987 AS II=UNRr NO. 67-500026 OF OFFICIAL RECARDB. 10. AN EASD= FOR PUBLIC UTILITIES AND INCIDENM PURPOSES, AS GRAMD TO SOLTIHERN CALIFUMIA EDISON OC MPANY, A CORPORATION, IN DEED RECORDED AS INSTRU-M NO. 87-534842 OF OFFICIAL RECORDS, AL= THAT PORTION OF SAID LADED AS MORE PARTICULARLY DESCRIBED IN SAID INSTRLI=. 11. AN EASOVENT FOR WATER M M AND INCIDENTAL PURPOSES, AS GRANTED TO THE CITY OF MMN= BEAM, A KJ ICIPAL a MPORATION IN THE =D RECORDED AS INSTRUMTT NO. 87-583411 OF OFFICIAL RECORDS, AL= THAT PORTION OF SAID LAND AS 14ORE PARTICULARLY DESCRIBED IN SAID IN.SIRL 4E TT. 12. THE EFFECT OF A SUBSURFACE OIL AND GAS LFFSE, EXECUTED BY GILBEtT M. WILSON AND E XANOR E. WILCXN, F-NSBAID KND WIFE, AS LESSOR, AMID ANGUS PE=IEW C.-RPORATION, A DELAZ•ARE CORPORATICN, AS LESSEE, RECDRDID APRIL 18, 1989 AS INSTRUN= NO. 89-201848 OF OFFICIAL RECORDS, OWERIIVG THE LAND LYING BELOW A DEPTH OF FIVE MMRID (500) FEET FRCSI TIDE SLk2FACE T�=F, WrrAMT THE RIGHT OF SURFACE ENI'RY ABOVE SAID DEPTH, FOR THE PERIOD AND UPON THE TOTS, COVaU"MS AND CONDITICtZ THEREIN PROVIDED, P=ZE NCE BEING NADE TU THE RECORD 7rMRDOF FOR FULL PARTICULARS. 13. TIE TEWS, PRCWSICNS AND MMITICtZ alTMINED IN A DOCIN'ENY RMTLED "DECLARATION OF RE=CTICNS AND SUBDIVISICN C==", EXECUTED BY DELA11MRE II, A =FORNLA LIMITED PARTNERSHIP, RE=RDED APRIL 6, 1993 AS INSTRUly= NO. 93-0230267 OF OFFICIAL RECORDS. 14. THE FACT THAT THE atERS OF SAID LAID HAVE NO RIGHT OF VEHICULAR ACCESS TO DMA;VRE STREET, UTICA AVENUE AMID CALIFOP,NIA STREET`, EXCEPT AT SPECIFIED PO=, SAID RICHE HAV12IG BEEN RELIIQUISHED BY DEDICATION PROVISIONS CAI THE MAP OF SAID TRACT. 15. AN INSTR[ = ENTI= "aCtMCVMgIU4 PLAN" RECORDED SEPI'II= 15, 1993 AS INSIRUV= NO. 93-0621742 OF OFFICIAL RECORDS; REFERENCE BEING MADE TO THE RECORD THEREOF FUR FULL PARTICULARS. Cat ND. : 216739-3 INN33 NA. . 5 16. MATTERS IN AN INSTRUMENT WHICH ANONG OTHER THINGS CO TTAIli OR MAKE PROVISIONS FOR ASSESSMENTS AND LIENS AND THE SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITIO00 RESTRICTIONS C11 SEVERAFILTTY OF C U4PCt= INTERESTS; PROVISIC NS FOR CERTAIN FASDEMMEN 5 AND/OR. EN ROACFIl�TTS; AND CI$NAINING COVENANTS, OOrIDITIONS AND RESTRICTIONS waac i PROVIDE hunt A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FORTGAGE OR DEED OF TRUST IN GOOD FAITH AND FOR VALUE, RFAOl DED, AS ITT NO. 93-0625045 OF OFFICIAL RECORDS. THE PROVISIONS, IF ANY, OF SAID ITT VHIC H PROVIDE RESTRICTIONS SASSED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELVE. SAID SIT MAY PROVIDE FOR LEVYING REGULAR AS WELL AS SPECIAL V C G TITHSINRDE13 THE MJRTCTACE PRZ0TEDCTICN CQAUSE CUTU&INED IN THE AIOOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS, THEY PROVIDE THAT THE LIENS AND CHARGES FOR UPKEEP ArD MAINTENANCE ARE SUBORDINATE ONLY TO A FIRST ram. AN INSTRrJMENr DEC;L 1R NG A MODIFICATION OF SAID OOVIIQNIS, CONDITIONS NS AMID RESTRICTIONS WAS RECORDED, AS INSTRUMENT NO. 93-0680846, OF OFFICIAL RECORDS. 17. EASEMENTS FOR INt3RES.S AND EGRESS, PA]=G, PIPELIlQ, rRkaPOE, SANITARY SEWERS, PUBLIC UTILITIES, SLOPES AMID RIGHTS INCIDENTAL THERETO, AS DISCLU SE BY INSTRUXENTS OF RECORD AND THE MAP OF SAID TRA(Mo AFFECTING C11MII,Y THE CI vvw AREA. 18. MATTERS IN AN INSTRUMENT num wom OTRER THINGS CONTAIN OR MAKE PROVISIONS FOR ASSESSMENTS AND LIENS AND THE SUBORDINATION THEREOF; PROVISIONS RELATING TD PARTITION; RESTRICTIONS (21 SEVERABILITY OF COMPONENT INTERESTS; PROVISIONS FOR CERTAIN EASEMENTS AND/OR ; AND COME INIlQG COVENANTS, C3OMDTTIO19S AND RESTRICTIONS IlHIC H PRMnUE THAT A VIOIATICN THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF nuor IN CIS FAITH AND FOR VALUE, RUIZDED, AS INSTRUMENT NO. 93- 063S859, OF OFFICIAL RECORDS. THE PROVISIONS, IF ANY, OF SAID INSTRumsa ' WHICH PROVIDE RESTRICTIONS BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. SAID INSTUV NT MAY PROVIDE FOR LEVYING REGULAR AS WELL AS SPECIAL 19. A DEED OF TRUST TO SECURE AN INDEBTEDNESS. AMXJNT: $67,500.00 TRUSLCIR: PATR.IOIC M. MELVIlv AID 1EEL 1 E ITC3, H[TMA D AND WIFE, AS JOINT TENANTS TRUSTEE: FIRST BANCORP, A CALIFUFNIA C ORPORATIC N BENEFICIARY: SANLiA BANK CALIFORNIA, A CALIFORNIA CORPORATION DATED: OUNE 23, 1994 REOORDED: JULY 1, 1994 AS nZ PIM+IFNI' NO. 94-437385, OF OFFICIAL, RE ORD6 C%2DER M.: PAS NO. . 6 20. A DEED OF TRUST TO SECURE AN INID SS. AMOUNT: $35,000.00 TRUSMR: PATRICK & NELIDE IVLVIN TFMSTEE: THE CITY OF HUNTIlSIG W BEACH BENEFICIARY: THE REDEVEMOPM Nr AMT OF THE CITY OF HICINMW BEACH, A PUBLIC BODY CORPORATE AMID POLITIC DATED: NOT SHOWN RECORDED: JULY 1, 1994 AS MIRLNIENr NO. 94-437386, OF OFFICIAL RECORDS CREM NO.: 216739-3 `,/ ALTA LOAN POLICY PAM NO. : 7 SCHEDULE B PART II IN ADDITION 70 THE MATTERS SET FORTH IN PART I OF 'THIS SCI- JLE, THE TIME M THE ESTATE OR INTEREST IN THE LA10 ❑ESC RIR3ED OR R-MIRID M IN SCHEDULE A IS SUB.7FC.T TO THE FULL[7LIM MATTERS, IF ANY BE SROVN, BUT THE 0CMPAP7Y ITOMES THAT SUCH MAWERS ARE SUBORDIMTE M THE LIEN OR GUME OF THE INSURED MRT= UPON ESTATE OR INZEREST: NONE V `,! Cr= ND. 2167739-3 piM. 1 ATI U) TD Fa,ICY NO. M 183-415032 ISSUED BY TRW T= INSURANCE CCMPANY THE =ANY FAY INSURES AGAINST LOSS MUCH SAID INSURED SHALL SUSTAIN BY RE SW OF ANY OF THE FOLLOWAM MATTERS: 1. ANY INC3ORRE-7NPSS IN THE ASSURANCE MUCH THE CCtQANY HEREBY GIVES: (A) THAT THERE ARE NO C?JVEXWIS, MOITIONS, OR RESFRICTICNS UMM MUCH THE LIEN OF THE NpF I= REFERRED 70 IN SC HEEXXE A CAN BE CUT OFF, SUDMINATED, OR O n=%ISE IMPAIRED; (B) THAT THERE ARE NO PRESENT VIOLATICNS ON SAID LAND OF ANY ENFORCEABLE COVENANTS, 00NDITIONS AND RESIRICTIC VS. (C) THAT, EXCEPT AS SHCXV IN SCHEDULE:. B, 7IERE ARE NO MUMaMaTIS OF BUILDINGS, STRUCr<]RES, OR IMPROVE3�'TS LOCATED CAI SAID LAND ONID ADJOIlMU LANDS, NOR ANY ==V5 WCATED C N AA7OIN= LANDS. 2. (A) KNY FVIVRE VIOLATIONS ON SAID LAM OF ANY OJVaZ NTS, 00NDITICiNS, OR RESMICTICtIS OCCURRING PRIOR TO ACQUISITION OF TITLE 70 SAID ESTATE OR INTEREST BY THE INSURED, PROVIDED SUCH VIOLA ONS RESULT IN LOSS OR IMPAIRMENT OF TH LIEN OF THE MZIGAGE REFERRED 70 IN S=7Ln x' A, OR RESULT IN LOSS OR IMPAIR:+= OF THE TITLE TO SAID ESTATE OR IN EREST IF THE INSURED SHALL AOZTTIlZE SUCH TITLE IN SATISFACTIC E OF THE INDEBTEDNESS SECURED BY SUCH 14ORTGAM; (B) UNZg1RKE,TABILITY OF THE TITLE TO SAID ESTATE OR INTEREGr BY REASON OF ANY VIOLATIC NS CAI SAID LAM, OCC[ UMU PRIOR TO AMUISITIC N OF TITLE TO SAID ESTATE OR WrERI.ST BY THE INSURED, OF ILNY CS ENAN S, CO�DMONS, OR. RESIRICTICM. (100 ENDORSEMENT =TrIhUED) Pl=- 1 - 100 E@IDCSEMENr ORDER NO. 216739-3 PALS 2 100 ENDORSEMENT (039FU [ma) 3. DAMAGE TO EXISTIlNO IMPROVEMENTS, INrLUDING LAB, SHRUBBERY OR TREES (A) WHICH ARE IOCATID OR ENAT ACH UP& ZMAT P=09 OF THE LAND SUBJECT TO ANY FASEKEgT IN SCHEDULE B, WHICH DAB RESULTS FROM THE EXERCISE OF THE RICHTT 70 USE OR MAINTAIN SUCH EASEMENT FOR ZHE PURPOSE FOR WHICH THE SAME WAS GRANTED OR RESERVED; (B) RESULTIlmG FRCM THE EXERCISE OF ANY RIGMH TO USE THE SURFACE OF SAID LAND FOR THE E}CIRACTION OR DEVEUJPNENT OF THE VDM2M ALS EXCEPTED FROM THE DESCRIPTION' OF SAID LAND OR SH C14N AS A RESERVATION' IN SCHEDULE B. 4. ANY F=TU OOUFrT ORDER OR JUDGE1KE TT RIATINIG RII1)TAL FROM ANNY LAND ADJOINING SAID LAND OF ANY ENC DOACHKENfT SF C6 N IN SCHEDULE B. WHEREVER IN THIS ENDORSEMENT ANY OR ALL THE WORDS "0(7VIIVN1"S, QoIDITICNE OR RESTRICTIONS" APPEAR THEY SHALL NOT BE DEEMED T D REFER TO OR IlVCIIZ E THE TERN'S COVENANTS AND C)ONDITICNS 00aNTllAk=EKD IN ANY LEASE REFERRED TO SCHEDULE A. THS 70TAL LIABILITY OF THE COMPANY RIDER SAID POLICY AND ANY INDORgEMENTS THEREIN' SHALL NOT EXCEED, IN THE AGGREGATE, THE FACE AM VT OF SAID POLICY AND SAID POLICY AND OOSTS WHICH THE CEIsANY IS OBLIGATED UNDER THE CONDITIONS AND STIPULATIONS THEREOF TO PAY. THIS ENMEOR.S'�TT IS MADE A PART OF SAID POLICY AMID IS SUBJECT TO THE SCHEDULES, CONDITIONS AND STIPULATIONS THEREIN, EXCEPT AS VODIFIED BY THE PROVISIONS HEREOF. TAT TI= INSURANCE COMKPNAVNY OmC�x PACE 2 - 100 aMZ ND. 216739-3 AT OIED 70 POLICY NO. M 183-415032 ISSUED BY 7W T=- INSURANCE QMPIINY THE WIPANY ASSURES THE INSUIRED THAT AT THE DATE OF THIS POLICY THE DIPO SICUS OF THE; E}TMOR BOUMIDARY OF MID IAND REFERRED TO IN SCHEDULE A OF THIS POLICY, VMCH IS ALSO THIS EXTERIOR BURY OF THE PROTECT, ARE al RECILY -cUUV CAI THAT YAP SHOL T ON SCHE= A OF SAID POLICY, IN THE OFFICE OF THE aXZTIY REX7O MER OF 51M Cu-NTY. THE COMPANY FURTHER ASSURES THE INSURED THAT THE ESTATE IN SAID LAMED REFERRED TO IN SQE= A IIN=ES A RESMMrIM U ULUU Wrr, WITHIN THE PACT BMMARIES, AS DESCRIBED IN SCE = A, IN THE OFFICE OF THE OC1[ = RECORDER OF MVM aMN, AMID KNJIN AS 409 UrICA AVENUE- D39, CCTY OF IRNM UMN B001, cou= OF azANCc, g=. OF CALnTFuIA. THE CCt-IPANY HEREBY INSURES THE INSURED AGAINST TICS MUCH SAID INSURED S11AIL S TAIN IN THE EVENT THAT THE ASSURANCE HEREIN SHALL PROVE TO BE INCORRECT. THE: TOTAL LIABILITY OF THE CCNTANY UNDER SAID POLICY AND ANY INDCRSEM= THEREIN SHALL NCT EX®, IN THE AGGRE) TE, THE FAME AMUUN T OF SAID POLICY AND C OM hH:CH THE CCMPMNY IS OBLIGATED UNDER THE OOEDITICHS AMID STIPULATICNS THEREOF TO PAY. THIS ECORSE= IS MADE A PART OF SAID POLICY AMID IS SUBJECT M THE SaMU=, MIDITIONS AND STIPULATIONS THEREIN COMTTAI=. TRW TITLE INSURANCE CQWRU v2u CM- CEIZ 116.2 EZKXPSg4IJr CORDER NO. 216739-3 I1�IDC[L�TT AT lED 70 lUffCY NO. M 183-415032 ISSUED BY TW TI'ITI; INSURANCE C0CMKPA NY THE INSURANCE AFFORDED BY THIS ENDORSEMENT IS ONLY EFFECTIVE IF THE LAND IS USED OR IS TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES. TH3 011INY INSURES THE INSURED AGA= LOSS OR DANI M SUSTAIN[ED BY RFC OF LAIC OF PRIORITY OF THE LIEN OF THE INSURED MDnlSNSE OVER: (a) ANY EN1VnITROONAMEENNTAUL PROTECTION LIEN VfHICH, AT DATE OF POLICY IS RECORDED IN THOSE RECORDS ESTABLISHED UbMER STATE STATUTE'S AT lX%TE OF POLICY FOR THE PURPOSE OF MKRARTING OONgERUCTIVE NOTICE OF NATI'ER.S RELATING TO REAL PROPERTY TO PURCHASERS FOR VAUIE AMID WITHOUT KNOt4LEDC.E, OR FILED IN THE RECORDS OF THE CLERK OF THE UNITED STATES DISTRICT COURT IN f QHICH THE LAM IS LOCATED, EXCEPT AS SET FORTH IN SCHEDULE B; OR (b) ANY ENVIDONME M& PROTECTICN LIEN PlMn= FOR BY ANY STATE STATUTE IN EFFECT AT DATE OF POLICY, EXCEPT ENVIR011MOgIAL PROTECTION LIENS PROVIDED FOR BY THE FOLLOWING STATE STATUTES: N=um- THIS ElNORSEM,E NTr IS MADE A PART OF THE POLICY AND IS SUBJECT TO ALL OF THE TERMS AND PROVISIaNS THEREOF AMID ANY PRIOR ENDORS0 EIS THEREI0. EXCEPT TO THE EXTEN EXPRCSSLY STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISI= OF THE POLICY OR ANY PRIOR II�IDOR.S10=, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE POLICY OR PEN' PRIOR ENDORSEMENTS, NOR DOES IT INCREASE THE FACE AST THEREOF. TRR TITLE INSURNNCE CTIMRANY VAT OFFIColiz 8.1 (ALTAL) 110.9 ENDORSEMENT (CLTA) CHAGE OF NAME ENDOR�9MENT Issued by Nations Title Insurance Company This Company has changed Its name from TRW Title Insurance Company to Nations Title Insurance Company All forms are being reprinted with the new name designation. In the meanwhile,wherever the name TRW Title Insurance Company appears in the attached torts,it shall be deemed to be Nations 'Title Insurance Company Wherever any policy.endorsement or contract requires a notice or any other statement in writing to be sent to this Company,It should be addressed to its office at 6800 College Boulevard,Suite 700,Overland Park,Kansas 66211. Nations Title Insurance Company . By, R,�n President Attest Secretary Counterslgned: Ely- ;��/;�'t / � Au7v&@d OIIicar or Agent loon R. i v CONDOMINIUM PLAN .' IN LAIRSPACH DlnNS:ON PLAN- SCAL$• I' s IS• BUILDING "D- MIDOL.E LEVEL �r UNITS 33 TRIM-44 r IL7125? ' r . 35 a-o fl*CL" PLO W.W L.-l�s3• r' t x X• ~ LL r ` . 4 . L O A ` � ..��t y wa.0 o. o (21 - . OY`v.. r • .. o o w �• s � l2 - ds— •ram..�g � � • � _�� pppL� f NOTES! I. • INDICATES COJw-40N BUILDING CONTROL PORT. 2. SES SHEET 6 FOR BOUNDARY PLAT. E 3. SEE SHEET 7 FOR BUILDING LOCATIO4 PLAN. {• SEE SHEETS 8 THRU 19 FOR UNIT AIRSPACE DININSION PLANS. 1 5. SES SHEETS 20 THRU 23 FOR SCHEDULES OF TYPICAL L11IT VERTICAL ZZICTIONS. ' 6. SEE SHEETS 24 THRV 27 FOR TYPICAL UNIT t'FRTICAL SECTION3. r'• 7. SET: SHEET 28 FOP OPEN PARKTVn 1/`^•�•r• • �• •' CONDITIONS AND STIPULATIONS (Continued from inside front cover) Whenever requested by the Company,the insured,at the Com- (i) to pay or otherwise settle with other parties for or in Section 2(a)of these Condit ons and Stipulations shall not pany's expense,shall give the Company,all reasonable aid(i) in the name of an insured claimant any claim insured against reduce pro tanto the amount of insurance afforded under this in any actor or proceeding, securing evidence, obtaining under this policy,together with any costs,attorneys'fees and polity except to the extent that the payrriems reduce the amount witnesses.prisecut ng or defending the action or proceeding, expenses incurred by the insured cla men which were author¢- of the indebtedness secured by the insured mortgage. or effecting settlement,and(ii)in any other lawful act which ed by the Comparry up to the time of I;aymerit and which the (b) Payment in part by any person of the print+pal of the In the op:mon of the Company may be necessary or desirable Company is obligated to pay;or indebtedness,or arty other obt gation secured by the insured to establish the title to the estate or interest or the lien of the (rr) to pay or otherwise settle with the insured claimant rortgage,or any voluntary partial satisfaction or release of the Insured mort gage.as insured.If the Company is prejudiced the loss or damage provided fer under tiis polity.together with insured mortgage.to the extent of the payment.Satisfaction by the failure of the insured to furnish the required coopera- any costs,attomeys'fees and expenses incurred by the insured or release,shall reduce the amount of insurance pro tanto.The bon,the Company's obligations to the insured under the policy claimant which were authorized by the Company up to the time amount of insurance may thereafter be increased by accruing shall terminate,including pry liability or obligation to defend, of payment and which the Company is obligated to pay Interest and advances made to protect the lien or the assured prosecute,or continue any litigation,with regard to the mat- Upon the exercise by the Company of either of the options mortgage and secured thereby,eh interest thereon,provided ter or matters requiring such cooperation. provided for in paragraphs b(i)or(k),the Company's obligations In no event shall the amount of insurance be greater than the to the insured under this policy for the c aimed loss ordamage. amount of insurance stated in Schedule A. S. PROOF OF LOSS OR DAMAGE. other than the payments required to be made,shaft terminate (c) Payment in fun by any person or the volur a.satisfac- In addition to and after the notices required under Section including any liability or obligation to defend.prosecute or lion or release of the insured mortgage shall terminate all liability 3 of these Coid:lions and Stipulations have been provided the Continue any litigation. of the Company except as provided in Section 2(a)of these Company,a proof of loss or damage signed and swom to by Conditions and Stipulations. the insured cl ilmant shall be furnished to the companywlthin 7. DETERMINATION AND EXTENT OF LIABILITY. 90 days after tie insured claimant shall ascertain the facts giving This policy is a contract of indemnity against actual monetary 10. LIABILITY NONCUMULATIVE, rise to the loss or damage.The proof of loss or damage shall loss or damage sustained or incurred ty the insured claimant if the insured acqui-es title to the estate or rterest in satisfac- describe the defect in,or lien or encumbrance on the title,or who has suffered loss or damage by reason of matters insured tion of the indebtedness secured by the insured mortgage,or other matter insured against by this polity which constitutes against by this policy and only to the extent herein described. any pan thereof,it i5 expressly understood that the amount the basis of foss or damage and shall state,to the extent (a) the liability of the Company under this policy shalt not of insurance under this policy shall be reduced by any amount possible,the basis of calculating the amount of the loss or exceed the least of: the Company may pay under any policy insuring a mortgage damage.If th;Comparry is prejudiced by the fa lure of the in- (i) the amount of insurance stated in Schedule A.or, to which exception is taken in Schedule 8 or to which the insured sured cla;mart to provide the required proof of loss or damage, if applicable,the amount of insurance as defined in Section has agreed,assumed,or taken subject,or which is hereafter the Company's obligations to the insured under the policy shall 2(c)of these Conditions and Stipulations; executed by an insured and which is a charge or lien on the terminate,Including a:iy%ability or obligation to defend,pro- (ii} the amount of the unpa d principal indebtedness estate or interest described or referred to in Schedule A.and secule,Or cortinue any litigation,with regard to the matter or secured by the insured mortgage as limited or povided under the amount so paid shalt be deemed a paymerit under this polcy. ma*.ters requiing such proof of loss or damage. Section 8 of these Conditions and Stipulations or as reduced In addition,the insured claimant may reasonably be required wider Section 9 of these Conditions aid Stipulations,at the 11. PAYMENT OF LOS& to submit to examination under oath by any authorized represen- brne the loss or damage insured against by this policy occurs, (a) No payment shall be made without producing this latrm of the Company and shall produce for examination, loge;hef with interest thereon:or policy for endorsement of the payment unless the polity has Inspection and copying,at such reasonable times and places (ii) the difference between the va ue of the insured estate been lost or destroyed.In which case proof of loss or destruc- as may be designated by arty authorized representative of the or interest as insured and the value of the insured estate or Lion shall be furnished to the Satisfaction of the Company. Company.all records,booK ledgers,checks,correspondence interest subject to the defect, het or encumbrance insured (b) When liability and the extent of loss or damage has and memoranda,wbrher bearing a date before or after Date against by this polity, been definitely fixed in accordance with these Conditions and of Polity wh ch reasonably pertain to the loss or damage. (b) in the event the insured has acquired the estate or Stipulations.the loss or damage shaflbe payable within 30days Furher,if regiested by any authorized representative of the Interest in the manner described in Section 2(a) of these thereafter. Company.the insured claimant shall grant its permission,in Conditions and Stipulations or has conveyed the title.then the writing,for ary authorized representative of the Company to liability of the Company shall continue as set forth in Section 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. examine,inspect and Copy all records,books,ledgers.Checics, 7(a)of these Conditions and Slipulatmns. (a) The Company's Right of Subrogation.Whenever the corresponder_e and memoranda in the custody or control of (c) The Company will pay onty those costs,atlomeys flees Company shall have settled and paid a claim under this policy. a third party,which reasonably pertain to the loss or damage. and expenses incurred in accordance vrith Section 4 of these all right of subrogation shall vest in the Company unaffected All information designated as confidential by the insured clai- Conditions and Stipulations. by any act of the insured claimant. mant providec to the Company pursuant to this Section shall The Comparry shalt be submgated to and be entitled to all not be disclosed to others unless,in the reasonable judgment 11. LIMITATION OF LIABILITY rights and remedies which the insured claimant would have had of the Company,it is necessary In the administration of the (a) If the Company establishes the tiffe,or removes the against any person or properly in respect to the claim had Mrs claim.Failure of the insured claimant to submit for examina- al'eged defect,lien or encumbrance,or cures the lack of a right policy not been issued.11 requested by the Company,the insured lion under oath,produce other reasonably requested information of access to or from the land,or cures the claim of unmarkel- claimant Shall transfer to the Company all rights and remed es or grant perm ssion to secure reasonably necessary informa- ability of titre,or otherwise establishes the lien of the insured against any person or property necessary in order to perfect lion from third parties as required in this paragraph,unless pro- mortgage,all as insured.In a reasonably diligent manner by this right of subrogation.The insured Claimant shalt permit the hibi;ed by law or governmental regulation,shall terminate arty any method,including litigation and tie completion of any Company to sue,Compromise or settle in the frame of the insured liability of the Comparry under this policy as to that claim. appeals therefrom,it shall have fully performed its obligations Claimant and l0 use the name of the rwW daimant it any rrans- w th respect to that matter and shall not be liable for any loss action or litigation invoilving these rights or remedies. 8. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; or damage caused thereby. If a payment on account of a claim does not fully cover the TERMINRTtON OF UABILITY. (0) to the event of any ktigatio t.including lit gation by the loss of the insured cla-mant.the Company shalt be subrogated in case of a claim under this policy,the Company sha4 have ComparrX or with the Company's consent,the Company Snail to all rights and remedies of the insured claimant after the insured the following options: have no liability for loss or damage until there has been a final claimant shall have reArered its principal,interest,and costs (a} To Pa;,or Tender Payment of the Amount of Insurance determination by a court of compelerit"ittion,and disposi- or collection. or to Purchas:the Indebtedness_ tion of all appeals therefrom,adve se to the title or to the lien (b) The Insuredl Rights and UmltaOons @ to pay or tender payment of the amount of insurance of the Insured mortgage,as insured. NOtwithstandmq the foregoing.the Owner of fie indebtedness under this policy together with any costs,attorneys'lees and (c) The Company shall not be kab'e for loss or damage secured by the insure]mortgage.provided the priority of the expenses incurred by the insured claimant,which were author- to arty insured for liability voluntarily as sumed by the insured lien of the insured mortgage or its enforceab&ty is not a"ected, Ized by the Co nparry,up to the time of payment or tender of in settling any claim or suit without the prior wrtten consent may release or substitute the personal liability of ariy debtor payment and which the Company IS obligated to pay;or of the Company. or guarantor,or extend or otherwise modify the terms of pay- Sx3 to mhase the indebtedness secured by the insured (d) The Company shalt not be Bat le for: ment,or release a pertica of tte estate oc interest tram the morgage for tte amount owing thereon together with anyCosts. p) any indebtedness created subsequent to Date of lien of the insured mortgage,or release any collateral securty attomeys fees and expenses incurred by the insured claimant PClicy except for advances made to protect the lien of the in- for the indebtedness. which were authorized by the Company up to the time of pur- Sured mortgage and secured thereby and reasonable amounts When the permitted acts of the insured claimant occur acid chase and wh ch the Company is obligated to pay. expended to prevent deterioration of improvements:or the insured has knowledge of any damat oft or Interest adve.,se 11 theConzrry offe s to purchase the indebtedness as herein (ii) construction loan a:1vznces[Wade subsequent to to the We to the estate or interest or the priority or esstorceabil.ty provided,the owner of the indebtedness shall transfer,assign, Date of Policy,except construction ban advances made subse- of the lien of the insured mortgage.as insured,the Company and convey the indebtedness and the insured mortgage, quern to Dale of Policy for the purXse of financing in whole shall be required to pay only that part of any losses insured together with any collateral security,to the Company upon pay- or in part the construction of an improvement tit the land which against by this policy which shall exceed the amount,d any. ment therefor, at Date of Policy were secured by the insured mortgage and lost to the Company by reason of the impaimnent by the insured Upon the exercise by the Company of either of the options which the insured was and continued to be obligated to ad. claimant of the Company's fight of subrogation. provided for in paragraphs a(i)or(ii),all liability and obliga- vance at and alter Date of Policy. (c) The ComparryY Rights Against Non-Insured Obligors. tions to the insured under this policy,other than to make the The Company's rig tt of subrogation against non-insured payment requ!rA in those paragraphs.shaft terminate,including 9. REDUCTION OF INSURANCE: obligors sha!I exist and shaft include,without limitation,the arty liability or obligation to defend,prosecute,or continue any REDUCTION OR TERMINATICN OF LIABILITY. rights of the insured to indemnities,guaranties,other policies lihpation,and,he policy shall be surrendered to the Company (a) All payments under this po'icy.except payments made of insurance or bonds,notwithstand asp any terms or cond:tans for canceliatioi. for costs,attomeys'lees and expenses.shall reduce the amount contained in those instruments which provide for subrogation (b) To Pay-or Otherwise Settle With Parties Other than the of the insurance pro Canto.However,arty payments made prior rights by reason of this policy.The Company's right of sub- Insu,ed or With the Insured Claimant. to the acquisition of title to the estate o•interest as provided rogation shall not be avoided by acquisition of the insured (continued on back cover) 4007 CONDITIONS AND STIPULATIONS (Continued from inside back cover) mortgage by an obligor(except an obligor described in Section the Rules in effect on the date the demand for arbitration is made covered hereby or by any action asserting such claim shall be 1(a)(n)of these Conditions and Stipulations)who acquires the or at the option of the insured the Rules in effect at Date of restricted to this policy insured mortgage as a result of an indemnity guarantee other Policy shall be binding upon the parties The award may include (c) No amendment of or endorsement to this policy can policy of insurance or bond and the obligor will not be an insured attorneys fees only if the laws of the state in which the land is be made except by a writing endorsed hereon or attached hereto under this policy notwithstanding Section 1(a)(i) of these located permit a court to award attorneys fees to a prevailing signed by either the President a Vice President the Secretary Conditions and Stipulations party Judgment upon the award rendered by the Arbitrator(s) an Assistant Secretary or validating officer or authorized signatory may be entered in any court having jurisdiction thereof of the Company 13 ARBITRATION The law of the situs of the land shall apply to an arbitration Unless prohibited by applicable law either the Company under the Title Insurance Arbitration Rules 15 SEVERABILITY or the insured may demand arbitration pursuant to the Title A copy of the Rules may be obtained from the Company upon In the event any provision of this policy is held invalid or unen Insurance Arbitration Rules of the American Arbitration Asso request forceable under applicable law the policy shall be deemed not ciation Arbitrable matters may include but are not limited to to include that provision and all other provisions shall remain any controversy or claim between the Company and the insured 14 LIABILITY LIMITED TO THIS POLICY in full force and effect arising out of or relating to this policy any service of the Com POLICY ENTIRE CONTRACT pany in connection with its issuance or the breach of a policy (a) This policy together with all endorsements if any 16 NOTICES WHERE SENT provision or other obligation All arbitrable matters when the attached hereto by the Company is the entire policy and con All notices required to be given the Company and any state Amount of Insurance is$1000000 or less shall be arbitrated tract between the insured and the Company In interpreting any ment in writing required to be furnished the Company shall include at the option of either the Company or the insured All arbitrable provision of this policy this policy shall be construed as a whole the number of this policy and shall be addressed to the Com matters when the Amount of Insurance is in excess of$1000000 (b) Any claim of loss or damage whether or not based pany at 6800 College Blvd Suite 700 Overland Park Kansas shall be arbitrated only when agreed to by both the Company on negligence and which arises out of the status of the lien 66211 and the insured Arbitration pursuant to this policy and under of the insured mortgage or of the title to the estate or interest POLICY OF TITLE INSURANCE TRW Title Insurance Company 6800 College Blvd Suite 700/Overland Park KS 66211 Area Code 913 4915585 4007 r J. REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION ED 94-27 Date: June 20, 1994 Submitted to: Honorable Mayor/Chairman and City Council/Agency Members Submitted by: Michael T. Uberuaga, City Administrator/Executive Directo Prepared by: Barbara A. Kaiser, Deputy City Administrator/Economic MOM BY CITY COUNCIL Subject: DOWN PAYMENT ASSISTANCE PROGRAM--PAR ICIPANT x APPROVAL I9 Consistent with Council Policy? M Yes I ]New Policy or Exception cr:t c Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Huntington Beach City Charter, Section 613, requires that each complete contract with a borrower in the Community Development Block Grant and Redevelopment funded Down Payment Assistance Programs must be approved by the City Council/Agency. RECO",WN'IENDED COUNCIL ACTION: 1. Approve and incorporate each listing, which names specific participants, the amount of each loan and the specific property subject to trust deed, into a previously approved sample Down Payment Assistance Loan Agreement (hereinafter "Agreement"). 2. Authorize Mayor and City Clerk to execute each Agreement between the city and/or Agency and each participant as approved herein. 3. Release funds for Down Payment Assistance Program participants. ANALYSIS: As part of the 1993-94 Community Development Block Grant Program the Citizen Advisory Board recommended and the Council approved $200,000 as a pilot program to provide Down Payment Assistance to moderate income households and since that time the details of the program have been approved by the City Council. RCA ED 94-27 June 20, 1994 Page two On November 1, 1993, the Redevelopment Agency approved $400,000 in Redevelopment Housing Set-Aside funds to assist a minimum of fourteen low-income buyers as per Resolution No. 244 in the Brisas del Mar Condominium project. The low-income borrowers herein are participants in this program and some may be participants in the CDBG program as well. Huntington Beach City Charter, Section 613, requires the City Council to approve each contract in writing, including the Down Payment Assistance Program contracts. To complete each Agreement, the listing of potential participants, the amount of money loaned and the property subject to trust deed must be approved and incorporated into the Agreement by the City Council (see attached listing). It is recommended by staff that each listing be incorporated in the Agreement and approved at this time. Additional borrowers will be recommended until the funds are expended. ALTERNA ES: Do not approve the participants. EQN'DING SOURCE: Community Development Block Grant - $200,000 total appropriation. Account Balance - $49,701.50. Redevelopment Agency Housing Set-aside- $400,000 total appropriation. Account Balance - $241,283.00 MTUIBAKISVK:jar 1140j 4 s•! y r DOWN PAYMENT ASSISTANCE PROGRAM Loan Location of Property Nam Amount Suhsect to Tnist Deed 94-13 Mr. &Mrs. Patrick Melvin $35,000 (Set-Aside) 409 Utica Avenue D-39 $10,000 (CDBG) ote: Borrowers have received "conditional loan approval" from Sanwa Bank and City/Agency approval is subject to "final approval" by the bank.