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HomeMy WebLinkAboutLot Line Adjustment 2010-004 - 17032 Bolsa Chica Street 9264 Recorded In Official Records,Orange County Tom Daly,Clerk-Recorder Illlllllllllilll lllll1111l111111111111111111111111111111111 21.00 2011000555040 02:56pm 11/02/11 93 401 L09 6 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 Mail recorded copies to: CITY OF HUNTINGTON BEACH CITY CLERK 2000 Main Street Huntington Beach, CA 92648 Space above reserved for County Recorder's use Fee: $ _ 0 d CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT NO. 10 - 004 RECORD OWNERIS)OF E IITING PARCELS: (UWe) hereby certify that: 1)(1 am/We are)the record owner(s)of all parcels proposed for adjustment by this application: 2) (UWe) have knowledge of and consent to the filing of this application: and 3) The information submitted in connection with this application Is true and correct: APN: 163-121-01 APN: 163-121-02 NAME: Lindsey Holdings, LLC NAME: Lindsey Holdings, LLC ADDRESS. 17032 Bolsa Chica St. ADDRESS: 17032 Bolsa Chica St. Huntington Beach, CA 92649 Huntington Beach, CA 92649 DAYTIME DAYTIME TELEPHONE: 714-840-1864 y pw E: 1 -840-,V864 Signatur , S nat Name: QtShz-, ! L- Name• CI-tcd, Signature Signature Name: Name- 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT •�, No. 10 - 004 STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS„It,-"' DAY OF ,o"-r RE('• .AW , BEFORE ME, ifi'a i r T f A) A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED -TAiSH& L-r`ADSEY -.CcdAg-() .1�dLPSP WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)WHOSE NAME(S) IWAOE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HgMVkITHEY EXECUTED THE SAME IN HP6IWRITHEIR AUTHORIZED CAPACTITY(IES), AND THAT BY H16IHWHEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF =� CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WIT �P1 �ND�qFFICIAL SEAL: MY COMMISSION EXPIRES: ( / 2 ACE OF BU f t MY PRINCIPAL PLACE IS IN �`➢ �' NOTARY PUBLIC IN AND FOR SAID STATE c�(AA COUNTY. -JiCT --(PA✓ PRINT NAME STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS DAY OF , 200 BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) ISIARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEISHEITHEY EXECUTED THE SAME IN HISIHERITHEIR AUTHORIZED CAPACTITY(IES), AND THAT BY HISIHERITHEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC IN AND FOR SAID STATE COUNTY. PRINT NAME 0� CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT No. 10 - 004 PREPARER: CONTACT PERSON: David O. Knell ADDRESS: 13191 Crossroads Pkwy N. Ste. 405 AND SCi City of Industry, CA 91746 �QPJ�O 0. F <r o DAYTIME TELEPHONE NO: 562-477-6583 '' L.S,5301 This document consistingof 6 y me or � 12-31-1 f pages was prepared b under my direction. 9�OF David 0. Knell, LS 5301 Surveyor's/Engineer's Name and License Number My Registration Expires: Exp. 12/31/11 COUNTY: �,1►ND Examined and Approved as to survey content only for Raymond L. Mathe, County Surveyor BY: Raymo . Mathe, L . 6185 ®F C�,��o County'Surveyor My License Expires: 3/31/2012 Dated this=day of CITY ENGINEER: o, , This Lot L e Adjustment Application has been examined and approved by �1D "�sQ the CT untingto Beach. N FOE NQ.504 Amodio Ol os, City Engineer R.C.E. 56814 Date Igyt� My Registration Expires: June 30, 201S a�' PLANNING DEPARTMENT: Examined and Approved as to Zoning Conformance by th City of bunt! ton Beach Planning Department w s By: ®ate See Exhibits "A, B and C" attaches/hereto. Oda CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT NO. 1® - 0.. 4 LEGAL DESCRIPTION 'EXHIBIT A' Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1 OF t PARCEL 1: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 137 FEET OF THE NORTH 232 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED 1/20TH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID LAND, AS CONVEYED TO GEORGE C. BECK BY DEED RECORDED IN BOOK 2262, PAGE 4, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN UNDIVIDED 1/20TH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID LAND, AS RESERVED BY CHARLES W. HEIM AND WIFE, IN DEED RECORDED IN BOOK 2470, PAGE 438, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN 8/20TH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON AND MINERAL SUBSTANCES BELOW 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY HUGH T. PENDERGRAFT AND WIFE IN DEED RECORDED IN BOOK 5077, PAGE 304, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN 8/20TH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON AND MINERAL SUBSTANCES BELOW 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY ALVIN L. MADERA AND MARGUERITE G. MADERA, HUSBAND AND WIFE, BY DEED RECORDED IN BOOK 5396, PAGE 487, OF OFFICIAL RECORDS. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAPS OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HEREIN. THIS DESORPTION HAS BM PREPARED BY ME OR UNDER MY DIRECTION. �\0 0�y� i pQ ll 9 Surveyor's /Engineer's Name and License Number No. 5301 My Registration Expires- f Z -3 r - (I E>(P. 12-J1-P 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT MAP 'EXHUNT E' Existing Parcels Proposes! Parcels Owners; AP Numbers: Reference Number. LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1OF1 WARNER AV ENUE 61 � - N89'24'23"E 137.00' -' �` W LINE, NW 1/4, N LINE, NW 1/4, NW 1/4, NW 1/4, SEC 28 BK. 6684 SEC 28 T5S, R11W, SBM PG. 106, O.R. T5S, R11 W, SBM b LINE TABLE E LINE, W 137', NW 1/4, LINE BEARING LENGTH A NW 1/4, SEC 28 T5S, L1 N89'24'23"E 18.48 R11 W, SBM d _ _ 69.83' L2 N89'24'23"E 21.52 0 G N89'24'23"E o CURVE TABLE P4 o a � INST N0. N CURVE DELTA RADIUS LENGTH PO 2011-163822 O.R. N C1 90'22'25" 27.00' 42.59' N .0-6 APN: 163-121-01 C2 15'27'36" 42.00' 11.33' d �0 1 PARCEL 1 U, � N LINE, S 80', N 232', NOTE: i..� m�j 000 -amp NW 1/4, NW 1/4, SEC o THERE MAY BE EASEMENTS OF �r n :n 28 T5S, R11 W, SBM C-; RECORD DELINEATED AND o AREA r, REFERENCED ON THE 40' z GROSS = 31,785 SQ. FT. 3 UNDERLYING MAPS OR THERE 1"=50' N NET - 18,120 S0. FT, iv MAY BE OTHER RECORDED o _ _ EASEMENTS WITHIN THE AREA v _ � l) BEING ADJUSTED THAT ARE NOT Z 1 i -,N7g30- W i s SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID -26"a !J I BK. 3980 PARCELS HEREIN. o PG. 89, O.R. 20' i APN: 163-121-02 LOT LINE TO BK. 13843 REMAIN INST NO. PG. 273 BK. 7112 2011-163985 O.R. PG. 289 1 _ 1 1. 1 LOT LINE TO 117.00' BE REMOVED N89'24'23'E 137,00' S LINE, N 232', NW 1/4, NW LANO 1/4, SEC 28 T5S, R11 W, SBMIQ THIS MAP HAS BEEN PFEF'ARED BY/ME OR UNDER MY DF*C110K No. 511 Surveyor's /Engineer's Name and License Number EXP. 12-31-11 My Registration Expires: (Z - 3r - („® 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT N0. 10 004 SITE PLAN 'EXHIBIT C' Existing Parcels Proposed Parcels Owners AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 8FIEET,OP, WARNER AV ENUE W LINE, NW 1/4, I N89'24'23"E 137.00' 1 N LINE, NW 1/4, NW 1/4, NW 1/4, SEC 28 SEC 28 T5S, R11W, SBM T5S, R11W, SBM BK. 6684 -'110/ PG. 106, O.R. INST NO. O 2011-163822 O.R. LINE TABLE 69.83 LINE BEARING ILENGTH �+ - - - _ - - - - o 10.4' N89'24'23"E L1 N89'24'23"E 18.48 'o ( �� N Q N I� N L2 N89'24'23"E 21.52 N 0_ APN: 163-121-01 CURVE TABLE U 00 ! 3 CURVE DELTA RADIUS LENGTH Cod o o C1 90'22'25 27.00' 42.59' PARCEL1.- Y` 00 C2 15'27'36" 42.00' 11.33' m a I-)I iti N LINE, S 80, N 232', o 00 N o W 1/4, NW 1/4, SEC o 40' � 00 28 T5S, R11 W, SBM 3 Ln (o 0 1"=50' a 2 0 E LINE, W 137', NW 1/4, v — NW 1/4, SEC 28 T5S, � oo �o � �$ R AD I R11W, SBM z 30 26"W 1.2' �o 000 50' LOT LINE TO 20 Ic06 o.n I I APN: 163-121-02 i REMAIN BK. 3980 PG. 89, O.R. CD l LOT LINE TO BK. 273 BK. 7112 BE REMOVED INST NO. � PG. 273 PG. 289 2011-163985 O.R. y r j �y S LINE, N 232', — 117.00' NW 1/4, NW 1/4, N89'24'23"E�in»I137.00' r SEC 28 T5S, }LL' ` LAND R11W, SBM 5•1' NP Spy THIS MAP HAS BMW PWPAR®BY ME OR LINCIM MY[MCT10M �`� QJ�� 0. ifyFl �� 0. A No, 5301 Surveyor's /Engineer's Name and License Number EKP. 12-31-11 Ply Registration Expires (Z - 31 - 1 / �rgjF pF C Al City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachea.gov 8' �`. Office of the City Clerk 1) t909 F� � t Joan L. Flynn, City Clerk December 5, 2011 County of Orange Resources & Development Management Department 300 N. Flower Street Santa Ana, CA 92702-4048 Attn: Brad Tippett, Orange County Surveyor's Office Dear Mr. Tippett: Enclosed for your records is a copy of a recorded Lot Line Adjustment: #10-004 (APN 163-121-01 & 163-121-02). Sincerely, (?&�i o< I .. - Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan A Waitakere, New Zealand This Document was electronically recorded by First American Title C Recorded in Official Records,Orange County Tom Daly, Clerk-Recorder 1111111111111111111111111111111111111111111111111111111111111111121.00 Mail recorded copies to: 93 401 L09 6 2011000555040 02:56pm 11/02/11 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH CITY CLERK 2000 Main Street Huntington (Beach, CA 92648 Space above reserved for County Recorder's use Fee: $ _ 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT 0 No. 10 - 004 RECORD OWNER(S) OF EXISTING PARCELS: (I/We) hereby certify that: 1) (I amlWe are)the record owner(s) of all parcels proposed for adjustment by this application: 2) (I/We) have knowledge of and consent to the filing of this application: and 3) The information submitted in connection with this application is true and correct: APN: 163-121-01 APN: 163-121-02 NAME: Lindsey Holdings, LLC NAME: Lindsey Holdings, LLC ADDRESS: 17032 Bolsa Chica St. ADDRESS: 17032 Bolsa Chica St. Huntington Beach, CA 92649 Huntington Beach, CA 92649 DAYTIME DAYTIME TELEPHONE: 714-840-1864 T,EUPH E: 14/-840- 864 j Q � j Signature_ — iognat Name: I i h� ���1C� {7 Name: Signature signature Name: Name: OA CITY OF HUNTINGTON BEACH 21-A (i) fl LOT LINE ADJUSTMENT NO, 10 - 004 STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS II DAY OF c�GTu ►�ff� , �AO�, BEFORE ME, Ff,' �� ��r L T d'A) A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/AXE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT Hg/$M'E/THEY EXECUTED THE SAME IN HA/Ii;i�R/THEIR �e AUTHORIZED CAPACTITY(IES), AND THAT BY Hit/HOR/THEIR SIGNATURE(S) ON THE =%I N INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE � > PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WSW =�a�w ua oQ� I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF =cog CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. Z WITNESS�flY-H�► ND FFICIAL SEAL: MY COMMISSION EXPIRES: /1 1 Z U0 MY PRINCIPAL PLACE OF BUSINESS IS IN `w NOTARY PUBLIC IN AND FOR SAID STATE A COUNTY. I,h'(FU �1`c-CT 'Tr�A) PRINT NAME STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS DAY OF , 200_, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED WHO 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 CAPACTITY(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. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC IN AND FOR SAID STATE COUNTY. PRINT NAME 0 CITY OF HUNTINGTON BEACH o LOT LINE ADJUSTMENT ® NO® 10 ® 004 PREPARER: CONTACT PERSON: David 0. Knell ADDRESS: 13191 Crossroads Pkwy N. Ste. 405 City of Industry, CA 91746 �'QQJ��O' O DAYTIME TELEPHONE NO: 562-477-6583 J L.S.5301 This document consisting of 6 pages was prepared by me or Exp. 12.31-1 1 under my direction. 9j� �'GAt- David O. Knell, LS 5301 ; i'� 0 Surveyor's/Engineer's Name and License Number My Registration Expires: Exp. 12/31/11 COUNTY: Examined and Approved as to survey content only for ���oS. W Raymond L. Mathe, County Surveyor : Raymo . Mathe, L. . 6185 OF County Zurveyor My License Expires: 3/31/2012 Dated this day of CITY ENGINEER: This Lot L'ne Adjustment Application has been examined and approved by ��O�jO OO the Cit f Huntingto Beach. q N AM NO.56W4 27 E* Anton'o Ol os, City Engineer R.C.E. 56814 Date My Registration Expires: June 30, 2013 FC���� PLANNING DEPARTMENT: Examined and Approved as to Zoning Conformance by th City of Hun Planning Department lola- 111 - By: Date See Exhibits "A, B and C" attached hereto. ° CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT N0. 10 - 004 LEGAL DESCRIPTION "EXHIBIT A" Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1 OF 1 PARCEL 1: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 137 FEET OF THE NORTH 232 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED 1/20TH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID LAND, AS CONVEYED TO GEORGE C. BECK BY DEED RECORDED IN BOOK 2262, PAGE 4, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN UNDIVIDED 1/20TH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID LAND, AS RESERVED BY CHARLES W. HEIM AND WIFE, IN DEED RECORDED IN BOOK 2470, PAGE 438, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN 8/20TH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON AND MINERAL SUBSTANCES BELOW 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY HUGH T. PENDERGRAFT AND WIFE IN DEED RECORDED IN BOOK 5077, PAGE 304, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN 8/20TH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON AND MINERAL SUBSTANCES BELOW 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY ALVIN L. MADERA AND MARGUERITE G. MADERA, HUSBAND AND WIFE, BY DEED RECORDED IN BOOK 5396, PAGE 487, OF OFFICIAL RECORDS. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAPS OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HEREIN. A` LAND THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. \OJ�� 0. KN S�j�G f 14 F �^ Pull Surveyor's /Engineer's Name and License Number No. 5301 My Registration Expires: 1 Z -3( - ( � EXP. 12-31-11 9TF OF C AOFp� 0 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT N 0. 10 ® 004 MAP "EXHIBIT B" Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET IOF1 WARNER AV ENUE N89°24'23"E 137.00' \ N LINE, NW 1/4, NW 1/4, NW 1/4, SEC 2 289 W LINE, 1 BK. 6684 SEC 28 T5S, R11 W, SBM S T5S, R11 W, SBMCE PG. 106, O.R. 0 LINE TABLE NE, W 137', NW 1/4, LINE BEARING LENGTH QW 1/4, SEC 28 T5S, L1 N89°24'23"E 18.48 R11 W, SBM 69.83' L2 N89°24'23"E 21.52N89°24'23"E o CURVE TABLE oINST NO. o CURVE DELTA RADIUS LENGTH N 2011-163822 O.R. N C1 90°22'25" 27.00' 42.59' N o ' APN: 163-121-01 C2 15°27'36" 42:00' 11.33' 00 o I N N LINE, SS 80'LN 232', _ NOTE: a.� m d o`q -oa- NW 1/4, NW 1/4, SEC o THERE MAY BE EASEMENTS OF 28 T5S, R11 W, SBM cv RECORD DELINEATED AND oo AREA r- REFERENCED ON THE U 3 40 z GROSS = 31,785 SQ. FT. UNDERLYING MAPS OR THERE 1"=50' N NET = 18,120 SQ. FT. i4 MAY BE OTHER RECORDED o L2 _ _ o EASEMENTS WITHIN THE AREA � I R Ln BEING ADJUSTED THAT ARE NOT N� AD I o SHOWN ON THIS DOCUMENT V1 z , I I 5 30 26.W I z THAT COULD ENCUMBER SAID a w I BK. 3980 — PARCELS HEREIN. o o PG. 89, O.R. C) 20 o cO i APN: 163-121-02 LOT LINE TO CD 0 -BK. 13843 REMAIN INST NO. �/( PG. 273 BK. 7112 2011-163985 O.R. ` ' I PG. 289 117.00' 1 LOT LINE TO BE REMOVED 7SN8-924'23"E 137.00' LAN LINE, N 232', NW 1/4, NW \��P� S� SBM O. THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. o� � lF �� No. 5301 Surveyor's /Engineer's Name and License Number EXP. 12-31-11 My Registration Expires: I Z - 3f - �f9TFOF CAOF���\� °�� CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT ® N 0. 10 _ 004 SITE PLAN "EXHIBIT C" Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1OF1 WARNER AV ENUE W LINE, NW 1/4, N89°24'23"E 137.00' \ N LINE, NW 1/4, NW 1/4, NW 1/4, SEC 28 T5S, R11 W, SBM SEC 28 T5S, R11 W, SBM BK. 6684 PG. 106, O.R. INST NO. ® 2011-163822 O.R. _ LINE TABLE 69.83 LINE BEARING LENGTH 10.4' N89'24'23"E o L1 N89°24'23"E 18.48 1 o L2 N89°24'23"E 21.52 — A Q' N CURVE TABLE o �� APN: 163-121-01 CURVE DELTA RADIUS LENGTH H (0_o 0 o Ct 90°22'25" 27.00' 42.59' x PARCEL 1 Y� � ro C2 15°27'36" 42.00' 11.33' m I N N LINE, S 80', N 232" o Flo NW 1/4, NW 1/4, SEC o 40' 28 TSS, R11 W, SBM o 1"=50' o L2 I z _ a E LINE, W 137', NW 1/4, NW 1/4, SEC 28 T5S, 00 Rqp I R11 W, SBM o ---N7S 3 z I 1 ( ` _-0 26 IN 1.2' W �0a 50' LOT LINE TO BK. 3980 20 IOW I APN: 163-121-02 REMAIN o� LOT LINE TO PG. 89, O.R. I 1 BK. 13843 INST NO. PG. 273 BK. 7112 BE REMOVED 201 1-1 63985 O.R. 1— J PG 289 1 S LINE, N 232', 117.00' NW 1/4, NW 1/4, _ N89'24'23"E 137.00' SEC 28 T5S, LAND R 11 W, SBM 5.1' THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. No. 5301 Surveyor's /Engineer's Name and License Number EXP. 12-31-11 My Registration Expires: (Z - 3t TF OF CND\F�� City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 © www.huntingtonbeachca.gov s FFB,=17 1Sol. ® Office ®f the City Clerk ® ` Joan L. Flynn, City Clerk October 31, 2011 - - . r First American Title Company Attn: Ms. Rizza Walker 1 First American Way Santa Ana CA 92707 Re: Lot Line Adjustment (LLA) 2010-004; APNs 163-121-01, 163-121-02 17032 Bolsa Chica St. Huntington Beach CA 92649 (714) 840-1864 Client Name: Lindsey Holdings, LLC, Ms. Trish Lindsey Enclosed please find (1) Lot Line Adjustment No. 2010-004, (2) Quitclaim Deed, and (3) Construction Deed of Trust, Assignment of Leases and Rents, Security Agreement and Financing Statement. Please record the three documents for your client. After recording, please return the recorded copy of Lot Line Adjustment 2010-004 to: City of Huntington Beach City Clerk's Office —2"d Floor P.O. Box 190 Huntington Beach, CA 92648 Jan L. Flynn, CMC City Clerk JF:pe Attachments Received by: J C V CLERIC'S OFFICE RETAINS COPY FOR FILE Date: Name of Company: 5,2v ,4 �S red 5 / Phone: J t Sister Cities: Anjo, Japan ® Waitakere,New Zealand ' 41 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Patty Esparza, Deputy City Clerk FROM: Bob Milani, Senior Civil Engineer DATE: October 31, 2011 SUBJECT: Lot Line Adjustment LLA 2010-004 Address is 17032 Bolsa Chica Street(Harbour Tire Pros) THE ATTACHED ORIGINAL LOT LINE ADJUSTMENT IS READY FOR RECORDATION. Please contact the person listed below and arrange for the pick-up or delivery of the attached Lot Line Adjustment. At the time of delivery/pick-up please forward a copy of this memo, the attached Lot Line Adjustment and the County letter dated October 24,2011 and request that they record the Lot Line Adjustment along with the associated required documents (Grant Deeds, Modifications to Grant Deed, etc.) for their client. Company: First American Title Company Street Address: 1 First American Way City, State, and Zip code: Santa Ana, CA 92707 Attn: Ms. Rizza Walker Telephone Number: (714) 250-3098 Office Email: rrwalker@firstam.com Order No. 3866327 Client: Lindsey Moldings, LLC Ms. Trish Lindsey 17032 Bolsa Chica Street Huntington Beach, CA 92649 (714) 840-1864 Engineer: David O. Knell, P.L.S. Regarding Property at 17032 Bolsa Chica Street Upon the City Clerks receipt of the recorded copy, please send a copy of the recorded Lot Line Adjustment, to: 1. County of Orange Resources & Development Management Department 300 N. Flower Street Santa Ana, CA 92702-4048 Attn: Brad Tippett, Orange County Surveyor's Office 714-834-3726 2. HB Planning Department Attn: Andrew Gonzales 714-374-1547 3. HB Public Works Department Attn: Bob Milani 714-374-1735 cc: PW LLA File G:\EngineeringDivision\DEVELOPMENT\Maps and LLAs\City Clerk Memo's\LLA 10-004 memo to City Clerk(17032 Bolsa Chica)10-31-11 bsm.doc O R A N G E C O U N T Y Jess A. Carbajal,Director 300 N. Flower Street Santa Ana,CA w P-1 -1blicWt-wks P O 4048 -:- -.- Santa Ana,CA 92702702-4048 Our Community. Our Commitment. Telephone: (714)834-2300 Fax: (714)834-5188 October 24, 2011 Antonio Olmos, City Engineer City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Olmos: The County of Orange Surveyor has approved lot line adjustment No. 10-004.We are forwarding said lot line adjustment to you for further processing and recording.We recommend the following actions to complete the reco7Verify of the lot line adjustment. the owners listed on the lot line adjustment against a current title report or lot book guarantee. 4 A GRANT or QUITCLAIM deed is required for conveyance. Each deed shall be signed and notarized by the record owner, and accompanied with a preliminary change of ownership report. The deeds shall record concurrently with the lot line adjustment. / 7 Any existing Deed of Trust on the parcels being adjusted should be modified and recorded concurrently with the lot line adjustment. Consent to the lot line adjustment by a party or entity holding a beneficial interest in the property shall be reflected in a modification of the Deed of Trust, including, as appropriate any partial reconveyance necessary to affect the intent of the lot line adjustment. The modification and if required, partial reconveyance shall be executed in the manner of conveyance of real property and recorded concurrently with the deed. Each MODIFICATION OF DEED OF TRUST shall be signed and notarized by all parties. (This is a County of Orange policy only.) We have reviewed this lot line adjustment for technical correctness only. Comment: After the lot line adiustment have been approved by the City and recorded please send a copy of the recorded lot line adiustment to the Orange County Surveyor's office. Direct any questions regarding this letter or related matters to Brad Tippett at 834-3726. Sincerely, Raymond L. Mathe County Surveyor This letter was prepared Under my direction By A--il Anna M. Beal, L. ��p(� Senior Land Surveyor Mail recorded copies to: CITY OF HUNTINGTON BEACH CITY CLERK 2000 Main Street Huntington Beach, CA 92648 Space above reserved for County Recorder's use Fee: $ _ CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT ® No. 10 ® 004 RECORD OWNER(S) OF EXISTING PARCELS: (I/We) hereby certify that: 1) (1 am/We are) the record owner(s) of all parcels proposed for adjustment by this application: 2) (I/We) have knowledge of and consent to the filing of this application: and 3) The information submitted in connection with this application is true and correct: APN: 163-121-01 APN: 163-121-02 NAME: Lindsey Holdings, LLC NAME. Lindsey Holdings, LLC ADDRESS: 17032 Bolsa Chica St. A►DDRESS: 17032 Bolsa Chica St. Huntington Beach, CA 92649 Huntington Beach, CA 92649 DAYTIME DAYTIME i - TELEPHONE: 714-840-1864 T.EL-ePH ; E: 14'-840-1/864 Signature. Signalt / Name: I b"ShC, Name: Signature Signature Name: Name: ° CITY OF HUNTINGTON EACH -Ak Ak,_'-BLOT LINE ADJUSTMENT ° No. 10 004 STATE OF CALIFORNIA SS COUNTY OF ORANGE 2G(/ ON THIS 1 DAY OF c)Cro F�ef- PO , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED 1 P—iSff/� L4A )SEY �A �4Cr4 &P WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/AXE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HO/SVE/THEY EXECUTED THE SAME IN H)b/KtR/THEIR AUTHORIZED CAPACTITY(IES), AND THAT BY H§lHf R/THEIR SIGNATURE($) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE � g PERSON(S) ACTED, EXECUTED THE INSTRUMENT. Wm�a > >aw Cl w I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF =c,g CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. Z W_ ITNE, ND qFFICIAL SEAL: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC 1N AND FOR SAID STATE COUNTY. f-�j C i1 J r C—T i!2A A✓ PRINT NAME STATE OF CALIFORNIA SS COUNTY OF ORANGE ON THIS DAY OF , 200_, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED WHO 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 CAPACTITY(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. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN NOTARY PUBLIC IN AND FOR SAID STATE COUNTY. PRINT NAME CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT 0 - ®® 10 004 PREPARER: CONTACT PERSON: David O. Knell ADDRESS: 13191 Crossroads Pkwy N. Ste. 405 \_AND SCi City of Industry, CA 91746 O DAYTIME TELEPHONE NO: 562-477-6583 � L•S•5301 � � Exp. 12-31-1 1 � This document consisting of 6 pages was prepared by me or under my direction. �� David O. Knell; LS 5301 f'�( 0. Surveyor's/Engineer's Name and License Number My Registration Expires: Exp. 12/31/11 COUNTY: ��,p►IdD S(/ Examined and Approved as to survey content only for ��y�®s. Raymond L. Mathe, County Surveyor o a� � lu B : Raymo . bathe, L. . 6185 OF C�``�o County urveyor My License Expires: 3/31/2012 Dated this day of ��� CITY ENGINEER: ESS�pN This Lot Mine Adjustment Application has been examined and approved by N10 Oo the Ci rydf untingto Beach. 11cc AM NO.504 Antor110 Ol os, City Engineer R.C.E. 66814 Date CIV My Registration Expires: June 30, 2013 FCAIi� PLANNING DEPARTMENT: Examined and Approved as to Zoning Conformance by th City of Huntington Beach Planning Department ial By: j Date See exhibits "A, B and C" attached hereto. CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT LEGAL DESCRIPTION "EXHIBIT AA Existing Parcels Proposed Parcels Owners: AP Numbers- Reference Number- LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1 OF 1 PARCEL 1: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 137 FEET OF THE NORTH 232 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED 1/20TH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID LAND, AS CONVEYED TO GEORGE C. BECK BY DEED RECORDED IN BOOK 2262, PAGE 4, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN UNDIVIDED 1/20TH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID LAND, AS RESERVED BY CHARLES W. HEIM AND WIFE, IN DEED RECORDED IN BOOK 2470, PAGE 438, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN 8/20TH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON AND MINERAL SUBSTANCES BELOW 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY HUGH T. PENDERGRAFT AND WIFE IN DEED RECORDED IN BOOK 5077, PAGE 304, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN 8/20TH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON AND MINERAL SUBSTANCES BELOW 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY ALVIN L. MADERA AND MARGUERITE G. MADERA, HUSBAND AND WIFE, BY DEED RECORDED IN BOOK 5396, PAGE 487, OF OFFICIAL RECORDS. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAPS OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HEREIN. LAND s THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. S 0. Surveyor's /Engineer's Name and License Number No. 5301 My Registration Expires: 1 Z -3( ER 12-31-11 9TF OF C p`\Ep� CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT Fe N 0. ® 4 MAP "EXHIBIT B" Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1OF1 WARNER AV ENUE W LINE, NW 1/4, N89'24'23"E 137.00' 1 N LINE, NW 1/4, NW 1/4, NW 1/4, SEC 28 BK. 6684 SEC 28 T5S, R11 W, SBM T5S, R11W, SBM PG. 106, O.R. LINE TABLE E LINE, W 137', NW 1/4, LINE BEARING LENGTH NW 1/4, SEC 28 T5S, L1 N89'24'23"E 18.48 R11 W, SBM _ - 69.83' - L2 N89'24'23"E 21.52 ® G N89'24'23"E 1 b CURVE TABLE o INST NO. o CURVE DELTA RADIUS LENGTH N 2011-163822 O.R. N C1 90'22'25" 27.00' 42.59' o APN: 163-121-01 C2 15'27'36" 42.o0' 11.33' co M CT U Y o N LINE,PAR 80'LN 232', NOTE: a.� m cj op oo NW 1/4, NW 1/4, SEC o THERE MAY BE EASEMENTS OF o P 28 T5S, R11W, SBM Ci RECORD DELINEATED AND a AREA r' REFERENCED ON THE U 40' z GROSS = 31,785 SQ. FT. UNDERLYING MAPS OR THERE 1"=50' N NET = 18,120 SQ. FT. N MAY BE OTHER RECORDED o L2 1 _ _ C) EASEMENTS WITHIN THE AREA v I \ R LO BEING ADJUSTED THAT ARE NOT o \N�53o�6 W i z SHOWN ON THIS DOCUMENT Ij� THAT COULD ENCUMBER SAID z 1 _w I ( BK. 3980 - PARCELS HEREIN. ® o PG. 89, O.R. 20' � APN: 163-121-02 LOT LINE TO o BK. 13843 REMAIN INST NO. PG. 273 8K. 7112 2011-163985 O.R. PG. 289 - - 1 -I 117.00' �. I LOT LINE TO BE REMOVED N89*24'23"E 137.00' - S LINE, N 232', NW 1/4, NW \o�p� LAND SG 1/4, SEC 28 T5S, R11 W, SBM � 0. THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. No. 5301 Surveyor's /Engineer's Name and License Number EXR 12-31-11 My Registration Expires _ Z - 3� - r �fgrF OF CA��F���\� CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT �- SITE PLAN "EXHIBIT C° Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET IOF1 WARNER AV ENUE W LINE, NW 1/4, N89'24'23"E 137.00' 1 N LINE, NW 1/4, NW 1/4, NW 1/4, SEC 28 SEC 28 T5S, R11 W, SBM T5S, R11W, SBM BK. 6684 PC. 106, O.R. coo INST NO. ® 2011-163822 O.R. LINE TABLE 69.83 LINE BEARING ILENGTH 10.4"N89'24'23"E o 1-1 N89*24'23"El 18.48 o (� �FAN, � N L2 N89-24'23"E 21.52 Q' N CURVE TABLE o �� 3-121-01 CURVE DELTA RADIUS LENGTH cCOo 0 0 aC1 90'22'25" 27.00' 42.59' 00 CEL100 C2 15'27'36" 42.00' 11.33' S 80', N 232''� N � o NW 1/4, SEC o co 28 T5S, R11 W, SBM Z 40' cfl in 1"=50' o L2 1 _ E LINE, W 137', NW 1/4, NW 1/4, SEC 28 T5S, 00 v o RAD R11 W, SBM o �� 0. I ® z I � �II �� 26W 1.2' Lij I�C'41 i 50 ' LOT LINE TO BK. 3980 2 CD 0' I�� i APN: 163-121-02 I REMAIN o— LOT LINE TO PG. 89, O.R. I oV) I BK. 13843 INST NO. �f PG. 273 BK. 289 BE REMOVED 2011-163985 O.R. , — I I I PG. 289 S LINE, N 232', 117.00' Il 1 NW 1/4, NW 1/4, N89'24'23"Er,,,,, ,/ ,, 137.00' SEC 28 T5 0, LAND R11 W, SBM 5.1' 0 THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION O l � Surveyor's /Engineer's Name and License Number EXP. 12-31-11 My Registration Expires: (Z - 3( - ! / TF OF C A��F� RECORDING REQUESTED BY: Richard Lindsey AND WHEN RECORDED MAILTO: 17032 Bolsa Chica Street Huntington Beach, CA 92649 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY A.P.N.: ��i3f 12�..� �� '..��t.42, Order No.: Escrow No.: QUITCLAIM DEED DOCUMENTARY TRANSFER TAX$ ❑..Computed on the consideration or value of property conveyed;OR Signature of Dedarant or Agent determining tax-Firm Name ❑..Computed on the consideration or value less liens or encumbrances remaining at time of sale. FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Lindsey Holdings LLC do(es)hereby REMISE,RELEASE AND FOREVER QUITCLAIM to Lindsey Holdings LLC the real property in the City of Huntington Beach County of Orange State of California,described as: Parcel 1 as shown on Exhibit"B"attached to City of Huntington Beach Lot Line Adjustment No.10-004 recorded concurrently herewith,in the records of Orange County,California ,� This deed is being recorded to impart constructive notice of said Lot Line Adjustment No.10-004 1- 1 11 Dated 4 �O ILC.,�� � ���� �L I I STATE OF CALIFORNIA - COUNTY OF On / /WH �� aO/f before me, ,oxi'VFM/ '7;4-AI A 19072v' 10u,61-1C personally appeared /�/C%1A A D LIN D.S t y who proved to me on the basis of satisfactory evidence to be the person()whose name()islawsubscribed to the within instrument and acknowledged to me thaoshefty executed the same in is authorized capacity(ies),and that b his eotheir signature(4)on the instrument the person(), or the entity upon behalf of which the person()acted,executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. $ALWANI JAAfAR COMM.# 1779637 ,n : NOTARY PUBLIC-CALIFORNIA UI ORANGE GECO COUNTY (Notary seal) MY COMM.ExP.Nov. 12,2011 Signature Mail tax statements to: RECORDATION REQUESTED BY: JPMorgan Chase Bank,NA Orange County Business Banking LPO 3 Park Plaza,8th Floor Irvine,CA 92614 WHEN RECORDED MAIL TO: JPMorgan Chase Bank,NA Business Banking Loan Servicing KY1-2514 P.O.Box 33035 Louisville, KY 40232-9891 FOR RECORDER'S USE ONLY CONSTRUCTION DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT THIS DOCUMENT SERVES AS A FIXTURE FILING UNDER SECTION 9502 OF THE CALIFORNIA COMMERCIAL CODE THIS DEED OF TRUST is dated September 14, 2011, among Lindsey Holdings, LLC, a ,Limited Liability Company, whose address is 16802 Barclay Lane, Huntington Beach, CA 92649 ("Trustor"); JPMorgan Chase Bank, NA, with a loan production office at Orange County Business Banking LPO, 3 Park Plaza, Sth Floor, Irvine, CA 92614 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and JPMorgan Chase Bank, N.A (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration,Trustor Irrevocably grants,transfers and assigns to Trustee In trust, with power of sale and right of entry and possession, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements,rights of way, streets,roads, alleys and public places, privileges and appurtenances, public or private,now or hereafter used in connection with the Property; all rights to make divisions of the land that are exempt from the platting requirements of all applicable land division and/or platting acts,as amended from time to time; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); all Personal Property; all licenses, contracts, permits and agreements required or used in connection with the ownership, operation or maintenance of the Property; all insurance proceeds;all awards, including interest, made to Grantor for any taking by eminent domain of the Property; all existing and future leases, subleases, licenses and other agreements for the use and/or occupancy of the Property,oral or written,including all extensions,renewals, replacements and holdovers(the "Leases");all Rents from the Property;and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Orange County County, State of California: See Exhibit "A, B, & C" attached , which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 5002 Warner Avenue and 17032 Bolsa Chica, Huntington Beach, CA 92649. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note; whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. This is an absolute assignment of Rents made in connection with an obligation secured by real property pursuant to California Civil Code Section 2938. In addition,Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (6) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN,SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust,and the Related Documents. DEED OF TRUST (Continued) Page 2 CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code,as those sections have been adopted by the State of California. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Nuisance,Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,.so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Trustor shall pay in full all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably request. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent,of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,title or interest in the Real Property;whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent(25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Trustor. However,this option shall not be exercised by Lender if such exercise is prohibited by applicable law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Trustor shall pay when due (and in all events at least ten (10) days prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Trustor shall notify Lender at least fifteen.(15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such improvements. DEED OF TRUST fCOntinued) Page 3 PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard insurance in excess of the replacement value of the improvements on the Real Property. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by lender;and to maintain such insurance for the term of the loan. Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Trustor fails to do so within fifteen(15) days of the casualty. If in Lender's sole judgment Lender's security interest in the Property has been impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If the proceeds are to be applied to restoration and repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. Trustor's Report on Insurance. Upon request of Lender, however not more than once a year, Trustor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Trustor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A). be payable on demand, (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy, (2) the remaining term of the Note, or (3) be treated as a balloon payment which will be due and payable at the Note's maturity. The Property also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the.Property are a part of this Deed of Trust: Title. Trustor warrants that: (a)Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust,and (b)Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of ail persons. In the event any action or proceeding is commenced that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances,and regulations of governmental authorities. No Other Liens. Grantor will not, without the prior written consent of Lender, create, place, or permit to be created or placed, or DEED OF TRUST (Continued) Page 4 through any act or failure to act, acquiesce in the placing of, or allow to remain, any deed of trust, voluntary or involuntary lien, whether statutory, constitutional or contractual (except for liens for ad valorem taxes on the Real Property which are not delinquent), security interest,encumbrance or charge,against or covering the Property, or any part thereof, other than as permitted in this Deed of Trust, regardless of whether the same are expressly or otherwise subordinate to the liens and security interests created by this Deed of Trust. Survival of Representations and Warranties. All representations, warranties, and agreements made by Trustor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Trustor's Indebtedness shall be paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to the lien securing payment of an existing obligation. The existing obligation has a current principal balance of approximately $1,406,700.00 and is in the original principal amount of $1,406,700.00. Trustor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to eminent domain and inverse condemnation proceedings are a part of this Deed of Trust: Proceedings. If any eminent domain or inverse condemnation proceeding is commenced affecting the Property, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award. Truster may be the nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the Property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted by law, require that all or any portion of the award or settlement be applied to the Indebtedness and to the repayment of all reasonable costs, expenses,and attorneys'fees incurred by Trustee or Lender in connection with the condemnation proceedings. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below,together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Dead of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. ASSIGNMENT OF RENTS AND LEASES. The following provisions relating to this Deed of Trust as an assignment of Rents and Leases are a part of this Deed of Trust: License to Grantor. Unless and until Lender exercises its right to collect the Rents as provided below, and so tong as no Event of Default exists, Grantor shall have a license to (a) remain in possession and control of the Property, (b) operate and manage the Property and (c) collect the Rents; provided that the granting of such license shall not constitute Lender's consent to the use of cash collateral in any bankruptcy proceedings. The foregoing license shall automatically and immediately terminate, without notice to Grantor, upon the occurrence of any Event of Default. After the occurrence of any Event of Default, Lender may exercise any of the rights and remedies set forth below and/or elsewhere in this Deed of Trust. Any Rents that are collected by Grantor after the occurrence of any Event of Default shall be held intrust for the benefit of Lender. Grantor's Representations,Warranties and Covenants. Grantor represents, warrants and covenants that: (a) Grantor has good title to the Leases and is entitled to receive the Rents, in each case, free and clear of all rights, loans, liens, encumbrances, and claims, except as disclosed to and accepted by Lender in writing; (b) Grantor has the full right, power and authority to assign and convey the Leases and Rents to Lender; (c) Grantor.has not previously assigned or conveyed the Leases and/or the Rents to any other person or entity by any instrument now in force; (d) Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Leases and/or the Rents; (a) Grantor will fulfill and perform its obligations under all Leases and will give Lender prompt notice of any default in the performance of the terms of any of the Leases by either Grantor or any tenant, together with copies of all notices sent to or received by Grantor in connection with any Lease; (f) Grantor will enforce the tenants' obligations under the Leases; (g) Grantor will not, in any way, enter into any new Lease, amend, assign, cancel, or terminate any Lease, accept a surrender of any Lease or any leased premises, accept any payment of Rent more than one month in advance or waive, release, discharge or DEED OF TRUST (Continued) Page 5 compromise any Rent or any of the obligations of the tenants under any of the Leases, in each case, without the prior written consent of Lender; (h) Grantor will appear in and defend or prosecute any action growing out of any Lease, at Grantor's cost and expense; (i) there is no present default by any tenant under any Lease; (j) all existing Leases are in full force and effect and unmodified;(k) to the best of Grantor's knowledge, no person or entity other than authorized tenants is in possession of all or any part of the Property; (1) Grantor will provide copies of any and all Leases and Lease amendments, and all records relating thereto, to Lender upon Lender's request. Lender's Right To Receive and Collect Rents. Subject to the license granted to Grantor above, Lender shall have the right, at any time from and after the occurrence of any Event of Default, to collect and receive the Rents. For this purpose, Lender is hereby given and granted the following rights, powers and authority: (a) Lender may send notices to any and all tenants of the Property advising them of this assignment and directing all Rents to be paid directly to Lender or Lender's agent; (b) Lender may (i) enter upon and take possession of the Property, (ii)demand, collect and receive from the tenants (or from any other persons liable therefor)all of the Rents of the Property, (iii) institute and carry on all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property and collect the Rents, (iv)remove any tenant or other persons from the Property, (v) enter upon the Property to maintain the Property and keep the same in repair, and pay the costs thereof and of all services of all employees,including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition and (vi) pay all taxes, assessments and water utilities and the premiums on fire and other insurance effected by Lender on the Property; (c) Lender may do any and all things necessary or advisable to execute and comply with all applicable laws, rules, orders, ordinances and requirements of all governmental agencies; (d) Lender may W rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate and GO modify, terminate or accept the surrender of any Leases and/or waive, release, discharge or compromise any Rent or any obligations of any of the tenants under the Leases; (e) Lender may make any payment including necessary costs, expenses and reasonable attorney fees, or perform any action required of Grantor under any Lease, without releasing Grantor from the obligation to do so and without notice to or demand on Grantor; (f) Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents; and (g) Lender may do all such other things and acts with respect to the Property, the Leases and the Rents as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor. Lender has all of the powers of Grantor for the purposes stated above. Lender shall not be required to do any of the foregoing acts or things and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. The foregoing rights and remedies of Lender are in addition to and not in limitation of the rights and remedies of Lender under the RIGHTS AND REMEDIES UPON DEFAULT section of this Deed of Trust, including the rights and remedies set forth in the "Collect Rents" provision, all of which rights and remedies are incorporated into this ASSIGNMENT OF RENTS section. Application of Rents. Any Rents received by Lender shall be applied against the Indebtedness(including Lender's costs and expenses) in such order or manner as Lender shall elect in its sole discretion. Right to Rely. Grantor hereby irrevocably authorizes and directs the tenants under the Leases to pay Rents to Lender upon written demand by Lender, without further consent of Grantor. The tenants may rely upon any written statement delivered by Lender to the tenants. Any such payment to Lender shall constitute payment to Grantor under the Leases. The provisions of this paragraph are intended solely for the benefit of the tenants and shall never inure to the benefit of Grantor or any person claiming through or under Grantor,other than a tenant who has not received such notice. The assignment of Rents and Leases set forth herein is not contingent upon any notice or demand by Lender to the tenants. Lender In Possession. Lender's acceptance of this Deed of Trust shall not, prior to entry upon and taking possession of the Property by Lender, be deemed to constitute Lender a "lender in possession," nor obligate Lender to: (a) appear in or defend any proceedings relating to any of the Leases, the Rents or to the Property; (b) take any action hereunder; (c) expend any money,incur any expenses or perform any obligations or liability under the Leases; or (d) assume any obligation for any deposits delivered to Grantor by any tenant and not delivered to Lender. Lender shall not be liable for any injury or damage to any person or property.in or about the Property. Grantor indemnifies Lender and holds it harmless from all liability or damages which Lender may incur under any Lease and from all claims and demands which may be asserted against Lender by reason of any alleged obligation on its part to perform any term of any Lease. SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes Personal Property,and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Trustor hereby authorizes Lender to file such financing statements with respect to the Property as Lender shall deem appropriate and Trustor shall take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Trustor shall assemble the Personal Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three(3)days after receipt of written demand from Lender. Fixture Filing. Upon its recording in the real property records, this Deed of Trust shall be effective as a financing statement filed as a fixture filing. In addition, a carbon, photographic or other reproduced copy of this Deed of Trust and/or any financing statement relating hereto shall be sufficient for filing and/or recording as a financing statement. The filing of any other financing statement relating to any personal property, rights or interests described herein shall not be construed to diminish any right or priority hereunder. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES;ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: DEED OF TRUST (Continued) Page 6 Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make,execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee,and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing,Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose of making,executing, delivering,filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Lender may charge Trustor a reasonable reconveyance fee at the time of reconveyance. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Trustor fails to make any payment when due under the Indebtedness. Other Defaults. Trustor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Trustor. Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any parry to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. False Statements. Any warranty,representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust, the Note, or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Trustor's existence as a going business or the death of any member, the insolvency of Trustor,the appointment of a receiver for any part of Trustor's property,any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. Creditor or Forfeiture Proceedings. Commencement of foreclosure, replevin, repossession, attachment, levy, execution, or forfeiture proceedings, whether by judicial proceeding, self-help, or any other method, by any creditor of Trustor, or by any governmental agency against the Collateral or any other assets of Trustor. This includes a garnishment of any of Trustor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Trustor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute. Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Events Affecting Guarantor. Any of the preceding Events of Default occurs with respect to any guarantor of the Indebtedness as if the word "guarantor" were substituted for the word "Trustor" in such Event of Default, or any guarantor dies or becomes incompetent, or revokes or disputes the validity of,or liability under,any guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy will not bar any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Foreclosure by Sale. Upon an Event of Default under this Deed of Trust, Beneficiary may declare the entire Indebtedness secured by this Deed of Trust immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold the Property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, the Note, other documents requested by Trustee, and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of the DEED OF TRUST (Continued) Page 7 notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Subject to California Civil Code Section 2924g, Trustee may postpone sale of all or any portion of the 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 in accordance with applicable law. Trustee shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary may purchase at such sale. After deducting all costs,fees and expenses of Trustee and of this Trust,including cost of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof;all other sums then secured hereby;and the remainder,if any,to the person or persons legally entitled thereto or as provided in California Civil Code Section 2924k or any similar or successor statute. Judicial Foreclosure. With respect to all or any part of the Real Property, Lender shall have the right in lieu of foreclosure by power of sale to foreclose by judicial foreclosure in accordance with and to the full extent provided by California law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, including without limitation the right to recover any deficiency in the manner and to the full extent provided by California law. Collect Rents. Lender shall have the right, without notice to Trustor to take possession of and manage the Property.and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Trustor irrevocably designates Lender as Trustor's attorney-in-fact to endorse instruments received in payment thereof in the name of Trustor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Trustor, Trustor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either (1) pay a reasonable rental for the use of the Property,or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least five (5) days before the time of the sale or disposition. Any sale of Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Trustor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees, Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports:(including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or DEED OF TRUST (Continued) Page 8 of any action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale,and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law, Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Orange County County, State of California. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Reconveyance. Upon Trustor's request and payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing debt secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it and may charge a $45.00 fee as permitted by law to the person or persons legally entitled to the reconveyance. Such person or persons shall pay any recordation costs. NOTICES. Any notice required to be given under this Deed of Trust shall be given in writing,and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Deed of Trust. Trustor requests that copies of any notices of default and sale be directed to Trustor's address shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor,any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. STATEMENT OF OBLIGATION FEE. Lender may collect a fee, not to exceed the maximum amount permitted by law, for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. JURY WAIVER. THE UNDERSIGNED AND LENDER (BY ITS ACCEPTANCE HEREOF) HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) BETWEEN OR AMONG THE UNDERSIGNED AND LENDER ARISING OUT OF OR IN ANY WAY RELATED TO THIS DOCUMENT, THE RELATED DOCUMENTS, OR ANY RELATIONSHIP BETWEEN OR AMONG THE UNDERSIGNED AND LENDER WHETHER ANY SUCH RIGHT NOW OR HEREAFTER EXISTS. THIS PROVISION IS A MATERIAL INDUCEMENT TO LENDER TO PROVIDE THE FINANCING EVIDENCED BY THIS DOCUMENT AND THE RELATED DOCUMENTS. GOVERNING LAW. The Lender's loan production office for this transaction is located at the address and in the State (the "LPO State") indicated in the LPO address or the loan production office address on the first page of this document. This document will be governed by and interpreted in accordance with federal law and the laws of the LPO State,except for matters related to interest and the exportation of interest, which matters shall be governed by and interpreted in accordance with federal law (including, but not limited to, statutes, regulations, interpretations and opinions) and,the laws of the State of Ohio. However, if there is ever a question about whether any provision of this document is valid or enforceable, the provision that is questioned will be governed by whichever state or federal law would find the provision to be valid and enforceable. The loan transaction which is evidenced by this document has been made in the State of Ohio. VENUE. If there is a lawsuit, the undersigned agrees to submit to the jurisdiction of the courts of the county in the LPO State in which the Lender's loan production office is located. INFORMATION WAIVER. Lender may provide, without any limitation whatsoever, to any one or more purchasers, potential purchasers, or affiliates of JPMorgan Chase & Co., any information or knowledge Lender may have about Grantor or about any matter relating to this Deed of Trust,and Grantor hereby waives any right to privacy Grantor may have with respect to such matters. EXCLUSION FOR ENVIRONMENTAL LIABILITY. Notwithstanding any provision to the contrary contained in this Deed of Trust, any Related Documents or any other agreement, this Deed of Trust does not secure any liability, obligation or indemnification by or of Borrower or Grantor to Lender arising out of any non-compliance with any environmental laws or the presence of any hazardous substances with respect to, affecting, or at the Property, under any agreement, including, but not limited to, any environmental or any hazardous substances certificate, agreement or indemnity, this Deed of Trust or any Related Documents. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust,together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Trustor's residence, Trustor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Trustor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in DEED OF TRUST (Continued) Page 9 connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. ' Merger. There shall be no merger of the interest or estate created by this Deed of Trust-with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Environmental Provisions. Without limiting any of the remedies provided in the Note or the Related Documents,Trustor acknowledges and agrees that certain Hazardous Substances Certificate and Indemnity Agreement of even date herewith between Trustor and Beneficiary is an environmental provision (as defined in Section 736(f)(2) of the California Code of Civil Procedure ("CCP")) made by the Trustor relating to the real property security (the "Environmental Provisions"), and that Trustor's failure to comply with the Environmental Provisions is a breach of contract such that Beneficiary shall have the remedies provided under CCP Section 736 ("Section 736") for the recovery of damages and for the enforcement of the Environmental Provisions. Pursuant to Section 736, Beneficiary's action for recovery of damages or enforcement of the Environmental Provisions shall not constitute an action within the meaning of CCP Section 726(a) or constitute a money judgment for a deficiency or a deficiency judgment within the meaning of CCP Sections 580a, 580b, 580d,or 726(b). Other than the remedy provided under Section 736, all remedies provided for by the Note and the Related Documents are separate and distinct causes of action that are not abrogated, modified, limited or otherwise affected by the remedies provided under CCP Section 736(a). Waiver of Lien. In accordance with CCP Section 726.5, Beneficiary may waive its lien against the Property or any portion thereof, together with fixtures or personal property thereon, to the extent such property is found to be environmentally impaired within the meaning of CCP Section 726.5, and may exercise any and all rights and remedies of an unsecured loan or against Trustor and all of Trustor's assets and property for the recovery of any deficiency, including, without limitation, seeking an attachment order under CCP Section 483.010. No such waiver shall be final or binding on Beneficiary unless and until a final money judgment is obtained against Trustor. As between Beneficiary and Trustor, for purposes of CCP Section 726.5,Trustor shall have the burden of proving that the release or threatened release was not knowingly or negligently caused or contributed to, or knowingly or willfully permitted or acquiesced to by Trustor or any related party (or any affiliate or agent of Trustor or any related party) and that Trustor made written disclosure thereof to Beneficiary or that Beneficiary otherwise obtained actual knowledge thereof prior to the making of the loan evidenced by the Note. For purposes of CCP Section 726.5, the acts, knowledge and notice of each"726.5 Party" shall be attributed' to and be deemed to have been performed by the party or parties then obligated on and liable for payment of the Note. As used herein, "726.5 Party" shall mean Trustor, any successor owner to Trustor of all or any portion of the Property, any related party of Trustor or any such successor and any affiliate or agent of Trustor, any such successor or any such related party. Without limiting the foregoing provisions, Trustor acknowledges that the Property is included in the property covered by the Environmental Indemnity referred to in the paragraph entitled "Environmental Provisions" above and is subject to all of the terms, conditions, and representations therein. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of Lender's rights or of any of Trustor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabii(ty. if a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal,invalid,or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without notice to Trustor, may'deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness; Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Indemnity. Grantor hereby agrees to indemnify, defend and hold harmless Lender, and its officers, directors, employees, agents and representatives(each an "Indemnified Person"),from and against any and all liabilities,obligations,claims, losses,damages,penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature (collectively, the "Claims") which may be imposed on, incurred by or asserted against any indemnified Person (whether or not caused by an Indemnified Person's sole, concurrent or contributory negligence) arising in connection with the Related Documents, the Indebtedness or the Property (including, without limitation, the enforcement of the Related Documents and the defense of any Indemnified Person's action and/or inaction in connection with the Related Documents), except to the limited extent that the Claims against the Indemnified Person are proximately caused by such Indemnified Person's gross negligence or willful misconduct. The indemnification provided for in this section shall survive the termination of this Deed of Trust and shall extend and continue to benefit each individual or entity who is,becomes or has any time been an Indemnified Person hereunder. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code to DEED OF TRUST (Continued) Page 10 the extent that this Deed of Trust encumbers Personal Property that is governed by the California Uniform Commercial Code: Beneficiary. The word "Beneficiary" means JPMorgan Chase Bank, NA, and its successors and assigns. Borrower. The word "Borrower" means Lindsey Holdings LLC, and all other persons and entities signing the Note in whatever capacity. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and.includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Event of Default. The words "Event of Default" mean any of the events set forth in the section of this Deed of Trust entitled Events of Default. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Deed of Trust. Grantor. The word "Grantor" means the Trustor as identified in this Deed of Trust. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property,facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts,costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. In addition, and without limitation, the term "Indebtedness" includes all amounts identified in the Cross-Collateralization paragraph of this Deed of Trust. Lender. The word"Lender"means JPMorgan Chase Bank, NA,its successors and assigns. Note. The word "Note" means the Note executed by Borrower in the original principal amount of $794,600.00 dated January 28, 2011, together with all renewals, extensions of, modifications of, refinancing of, consolidations of, and substitutions for the Note or credit agreement. NOTICE TO TRUSTOR--THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. The words "Personal Property" also include all tangible and intangible items.obtained or owned by, or in the possession of Trustor that are directly or indirectly related to the acquisition,development, design,construction, permitting,marketing, or habitation of the Real Property or the Improvements to be constructed on the Real Property, whether heretofore or hereafter issued, prepared, or executed, including without limitation all permits, licenses, authorizations and approvals, trademarks and tradenames, and any and all land use entitlements,development rights, sewer capacity, approvals,density allocations and other rights or approvals relating to or authorizing the development or occupancy of the Property, plus all utility or other deposits, reimbursement rights, studies,tests, contracts, plans and specifications,relating to the Property and Improvements. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words"Real Property" mean the real property,interests and rights,as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now existing or hereafter arising, executed in connection with the Indebtedness; provided however, that environmental or hazardous substances certificates, indemnities and agreements are not "Related Documents" and are not secured by this Deed of Trust. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, bonuses, accounts receivable, cash, security deposits, advance rentals and other payments and/or benefits, of every kind and nature, derived from the Property,including Grantor's right to enforce the Leases and to receive and collect payments and proceeds under the Leases. Trustee. The word "Trustee" means JPMorgan Chase Bank, N.A, whose address is 17875 Von Karmon Ave, Floor 2B, Irvine, CA 92614 and any substitute or successor trustees. Trustor. The word "Trustor" means Lindsey Holdings LLC. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS, INCLUDING THE VARIABLE RATE PROVISIONS OF THE NOTE SECURED BY THIS DEED OF TRUST. DEED OF TRUST (Continued) Page 11 TRUSTOR- <I:INDS LD'�' By: c ar Lindse ff n sey old ngs 2-0 By: Trisha Lindsey,Member of Lindsey Holdings LLC CERTIFICATE OF ACKNOWLEDGMENT STATE OF Cat--(a' 2N 1 A )SS COUNTY OF o afti) I On CJ /� -I , 20 before me, �f7i` V!C 1 11`-f , Pu b w G 7— (here insert name and title of thd officer) personally appeared Richard M. Lindsey, who proved to me on the basis f satisfactory evidence to be the person whose name)is*e subscribed to the within instrument and acknowledged to me that he/sf Ith;y executed the same in his/h /tl�r aut orized capacity(ieA, and that by his/h�r/tl�ir signature(o on the instrument the person), or the entity upon behalf of which t e personl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HIED VIET TRAN Comml 1779638 rrn� NOTARY PUBLIC-CALIFORNIA V1 WITNESS my hand and official seal. ORANGE COUNTY My Comm.EXP.Nov.12,2011 Signature ___ _ (Seal) DEED OF TRUST (Continued) Page 12 CERTIFICATE OF ACKNOWLEDGMENT STATE OF Ct LIU g ) )SS COUNTY OF Q/z jt`A1�j ) On_ 20�_before me, 6Bi OiF-T , * NO ( J y P&f (S 1-7 C—, , (here insert name nd title of the officbr) personally appeared Trisha Lindsey, who proved to me on the basis of satisfactory evidence to be the person(? whose name( is/0 subscribed to the within instrument and acknowledged to me that),ts/she/tfoy executed the same in hid/her/thpfr authorized capacity(igd), and that by ho/her/tt,Air signatures) on the instrument the person(, or the entity upon behalf of which the persons )acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HIEU VIET TRAN rrA� NOTARY PUBLIC- ALIFORNIA �! WITNESS my hand and official se ORANGE COUNTY >16/ MY Comm.EXP.Nov,12,2011 Signature (Seel) (DO NOT RECORD) REQUEST FOR FULL RECONVEVANCE (To be used only when obligations have been paid in full) To: _ Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty,to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LASER PRO L Wkg,V..S.:8.00.00S Copy.Hw F--W S°bu°tr,o-e.IN7,3011. AN Fkhb RmrvM. •CA P.1CP811LASFWR01CF11LPL1G01.FC TR.SSSIIF PR-416 CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT N 0. 10 ® 00 LEGAL DESCRIPTION 'EXHIBIT Aa Existing Parcels Proposed Parcels Owners: AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1OF1 PARCEL 1: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 137 FEET OF THE NORTH 232 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF HUNTINGTON BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM AN UNDIVIDED 1/20TH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID LAND, AS CONVEYED TO GEORGE C. BECK BY DEED RECORDED IN BOOK 2262, PAGE 4, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN UNDIVIDED 1/20TH INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS IN AND UNDER SAID LAND, AS RESERVED BY CHARLES W. HEIM AND WIFE, IN DEED RECORDED IN BOOK 2470, PAGE 438, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN 8/20TH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON AND MINERAL SUBSTANCES BELOW 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY HUGH T. PENDERGRAFT AND WIFE IN DEED RECORDED IN BOOK 5077, PAGE 304, OF OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM AN 8/20TH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBON AND MINERAL SUBSTANCES BELOW 500 FEET FROM THE SURFACE OF SAID LAND AS RESERVED BY ALVIN L. MADERA AND MARGUERITE G. MADERA, HUSBAND AND WIFE, BY DEED RECORDED IN BOOK 5396, PAGE 487, OF OFFICIAL RECORDS. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THERE MAY BE EASEMENTS OF RECORD DELINEATED AND REFERENCED ON THE UNDERLYING MAPS OR THERE MAY BE OTHER RECORDED EASEMENTS WITHIN THE AREA BEING ADJUSTED THAT ARE NOT SHOWN ON THIS DOCUMENT THAT COULD ENCUMBER SAID PARCELS HEREIN. P� LAND THIS DESCRIPTION HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. O, Surveyor's /Engineer's Name and License Number No. 5301 My Registration Expires: 1 Z -3( - u EXP. 12-31-11 qTF OF C Ao CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT MAP "EXHIBLT B" Existing Parcels Proposed Parcels Owners. AP Numbers: Reference Number: LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1OF1 WARNER AV ENUE T, 11 "E 137.00' �- '�W LINE, NW 1/4, N LINE, NW 1/4, NW 1/4, NW 1/4, SEC 28BK. 6684 SEC 28 T5S, R11W, SBM T5S, R11W, SBM . 106, O.R., W 137', NW 1/4, LINE TABLE 1/4, SEC 28 T5S, LINE BEARING LENGTH R11W, SBML1 N89'24'23"E 18.48 69.83' L2 N89'24'23"E 21.52O N89'24'23"E CURVE TABLE P4INST NO. N CURVE DELTA RADIUS LENGTH 2011-163822 O.R. NC1 90'22'25" 27.00' 42.59' APN: 163-121-01 C2 15'27'3s" 42.o0' 11.33' co ' -4 N LI PAR co 80'LN 232', NOTE: H mCD C' C0 NW 1/4, NW 1/4, SEC o THERE MAY BE EASEMENTS OF 28 T5S, R11 W, SBM cv RECORD DELINEATED AND oo AREA r- REFERENCED ON THE U 40 z GROSS = 31,785 SQ. FT.� UNDERLYING MAPS OR THERE 1"=50 N NET = 18,120 SQ. FT. N MAY BE OTHER RECORDED o L2 1 _ o EASEMENTS WITHIN THE AREA °�° I R ° BEING ADJUSTED THAT ARE NOT SHOz 1 I ( ` 30 26"W I z THAT N ON I DOCUMENT COULD ENCUMBER SAID a w I BK. 3980 PARCELS HEREIN. O o PG. 89, O.R. 20' co 00Ln i i APN: 163-121-02 I LOT LINE TO a o -B IK. 13843 REMAIN INST NO. �/r PG. 273 BK. 7112 2011-163985 O.R. ` r I PG. 289 — - - -� 117.00' � � LOT LINE TO BE REMOVED N89'24923"E 137.00' S LINE, N 232', NW 1/4, NW LAND S 1/4, SEC 28 T5S, R11 W, SBM �,`' �O 0• K GAG THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. Owe( �• C� No. 5301 Surveyor's /Engineer's Name and License Number EXP. 12-31-11 My Registration Expires: Z - 3f - l t s9rF OF OAL\�p��\� °�� CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT N 0. 10 004 SITE PLAN "EXHIBIT C" Existing Parcels Proposed Parcels Owners-. AP Numbers: Reference Number- LINDSEY HOLDINGS LLC 163-121-01 1 LINDSEY HOLDINGS LLC 163-121-02 1 SHEET 1OF1 61WARNER AV ENUE W LINE, NW 1/4, N89'24'23"E 137.00' 1 N LINE, NW 1/4, NW 1/4, NW 1/4, SEC 28 SEC 28 TSS, R11 W, SBM TSS, R11 W, SBM BK. 6684 PG. 106, O.R. cao INST NO. C) 2011-163822 O.R. LINE TABLE _ _69.83'_ _ o LINE BEARING LENGTH 10.4' N89'24'23"E L1 N89'24'23"E 18.48 I L2 N89'24'23"E 21.52 N CURVE TABLE p �� APN: 163-121-01 CURVE DELTA RADIUS LENGTH o No o C1 90'22'25" 27.00' 42.59' PARCEL 1 Y , oo C2 15'27'36" 42.00' 11.33' m CD I N LINE, S 80', N 232', 0 o N W 1/4 NW 1/4, SEC Z I co 28 TSS, R11 W, SBM 40 co I'n 1"=50' N z N E LINE, W 137', NW 1/4, o L2 1 - NW 1/4, SEC 28 TSS, c� No Rap ` R11 W, SBM o N7S 3 ® z I I I 0 26"W 1.2' w I0o 50' LOT LINE TO BK. 3980 20 I -00 go ' II APN: 163-121-02 II REMAIN LOT LINE TO PG. 89, O.R. I of BK. 13843 BK. 7112 BE REMOVED INST N0. PG. 273 I 2011-163985 O.R. , I 11 1 PG. 289 S LINE, N 232', - 117.00' N W 1/4, N W 1/4, - N 89'24'23"E�� 7/77 7 00' SEC 28 TSS, 44LL'' LAND R11 W, SBM 5.1' THIS MAP HAS BEEN PREPARED BY ME OR UNDER MY DIRECTION. i✓�"W� t�_ ('%�1� -- * No. 5301 Surveyor's /Engineer's Name and License Number EF. 12-31-11 My Registration Expires: -- ( i sr9 TF Of C A�\��