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HomeMy WebLinkAboutD-1565 519 Brizzolara St. - 002-392-019 Recorded 01/02/2002f - RECORDING REQUESTED BY: Cuesta Title Company Escrcm No. 201409 -TA Title Order No. 00201409 When Recorded Mail Document To: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 -3249 APN: 002,392,019 JULIE RODEWALD San Luis Obispo County-Clerk/Recorder Recorded at the request of Cuesta .Title Company Titles: 2 Pages: 5 LO 1/0212002 8:00 AM. Cwy: 100p2000029 Fees 26.00 Taxes 0.00 Others 0.00 PAID $26.00 LONG FORM DEED OF TRUST AND ASSIGNMENT OF RENTS 28 ffi AK- THIS DEED OF TRUST, made December /1,21, 2001, between Glinda Services, a California Corporation Cuesta Title Company, herein called TRUSTEE, and City of San Luis Obispo, a charter municipal corporation , herein called TRUSTOR, whose address is , herein called BENEFICIARY, WITNESSETH: That Trustor IRREVOCABLY GRANTS,. TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in San Luis Obispo County, California, described as: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF This deed of trust is second and subordinate to -the deed of trust recording concurrently herewith in the amount of'$305,00.0.00 in favor of Coast National Bank. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $322,322.00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is so secured. FD -56 (Rev 9/94) INITIALS: M% . LONG FORM DEED OF TRUST PAGE 1 OF 4/ Dj!�65 .0 APN: 002,392,019 TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all incumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (7) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (8) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in such request to retain them). (10) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such, rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. INITIALS:_ FD -56 (Rev 9/94) LONG FORM DEED OF TRUST PAGE 2 OF 4 I APN:002,392,019 • (1 1) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said 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 of lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the proceeding postponement. 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 as hereinafter defined, 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 con- nection 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. (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by .instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and pages where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and /or neuter, and the singular number includes the plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as pro- vided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. Glinda Services, a California Corporation Bye / /?�d�Ge i Marianne Kennedy By: &L& Elaine M. Gardiner STATE OF CALIFORNIA COUNTY OF '5c:;Lrn L L t S (Q cSiX� ON 1 I)L - '-"I —() l before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. LORI GEARHART Comm. ItI203976 Notary Public a Signature California N SAN LUIS OBISPO COUNTY Ol Cow. EX0 s Dec. 11.2 4 v r FD -56 (Rev 9/94) LONG FORM DEED OF TRU PAGE 3 OF 4 APN: 002,392,019 REQUEST FOR FULL RECONVEYANCE TO: Cuesta Title Company, TRUSTEE: The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated By: Please mail Reconveyance to: By: Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both original documents must be delivered to the Trustee for cancellation before reconveyance will be made. INITIALS:.. FD -56 (Rev 9/94) LONG FORM DEED OF TRUST PAGE 4 OF 4 Escrow No._ 201409 -TA Title Order No. 00201409 EXHIBIT ONE Parcel 1: J That portion of Lot 14 of Map of B. Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of Maps, described as follows: Beginning at the Northwest corner of said Lot 14 on the Southeasterly line of Brizzolara Street; Thence Southwesterly along said line of Brizzolara Street and the Westerly line of said Lot 14, 50 feet; Thence at right angles Southeasterly and parallel with the Northeasterly line of said Lot 14 to the center of Stenner Creek, as shown on said Map; Thence following up the center of said Creek to the Northeasterly corner of said Lot 14; Thence Northwesterly along the Northeasterly line of said Lot 14 to the point of beginning. Parcel 2: That portion of Lot 14 of Map of B. Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of Maps; described as follows: Beginning at a point in the Westerly line of said Lot 14 and the Southeasterly line of Brizzolara Street, distant thereon 50 feet Southwesterly from the Northwest corner of said Lot, said point being the Southwesterly corner of the property conveyed to Joseph C. Hampl, an unmarried man, by deed dated June 29, 1949 and recorded July 13, 1949 in Book 528, Page 368 of Official Records; Thence Southwesterly along said Westerly line of said Lot and the Southeasterly line of Brizzolara Street, 15 feet; Thence at right angles Southeasterly and parallel with the Southwesterly line of the property conveyed to Joseph C. Hampl, as aforesaid to the center of Stenner Creek, as shown on said Map; Thence Northerly up the center of said Creek to the Southeasterly corner of said conveyed property; Thence Northwesterly along the Southwesterly line of the property so conveyed to the point of beginning. Parcel 3: That portion of Lot 14 of B. Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of Maps, described as follows: Beginning at a point on the Westerly line of said Lot 1.4, distant thereon 65 feet. Southwesterly from the Northwesterly corner of said Lot, being the Southwesterly corner of the property conveyed to Joseph C. Hampl, an unmarried man, by deed dated July 26, 1951, and recorded August 13, 1951 in Book 622, Page 142 of Official Records; Thence Southwesterly along said Westerly line of said Lot, 9 feet; Thence Southeasterly and parallel with the Southwesterly line of the property conveyed to Joseph C. Hampl, as aforesaid, to the center of Stenner Creek, as shown on said Map; Thence Northerly along, the center of said Stenner Creek to the Southeasterly corner of the property so conveyed; Thence Northwesterly along the Southwesterly line of the property so conveyed to the point of beginning. END OF D®CUMENIr 0 0 RECORDING REQUESTED BY: Cuesta Title Company Escrow No. 201409 -TA Title Order No. 00201409 When Recorded Mail Document To: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 -3249 APN: 002,392,019 LONG FORM DEED OF TRUST AND ASSIGNMENT OF RENTS 28 ffi AK- THIS DEED OF TRUST, made DecemberA.Z, 2001, between Glinda Services, a California Corporation Cuesta Title Company, herein called TRUSTEE, and City of San Luis Obispo, a charter municipal corporation , herein called TRUSTOR, whose address is , herein called BENEFICIARY, WITNESSETH: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in San Luis Obispo County, California, described as: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF This deed of trust is second and subordinate to -the deed of trust recording concurrently herewith in the amount.of $305,0.00.00 in favor of Coast Nation& Bank. exau{ copy Cer .5 th Y is tO be a true a� ale 0ri9*\ra 1 SAke Cuesta E eY TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $322,322.00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is so secured. INITIALS: YAK FD -56 (Rev 9/94) LONG FORM DEED OF TRUST PAGE 1 OF 4:�y_. r APN:002,392,019 TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all incumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (i) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of.all other sums so secured or to declare default for failure so to pay. (8) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall - reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in such request to retain them). 0 0) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such, rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine.. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. . INITIALS: 49L_... FD -56 (Rev 9/94) LONG FORM DEED OF TRUST PAGE 2 OF 4 APN:002,392,019 (11) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said 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 of lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the proceeding postponement. 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 as hereinafter defined, 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 con- nection 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. (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and pages where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and /or neuter, and the singular number includes the plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as pro- vided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. Glinda Services, a California Corporation Marianne Kennedy By: &W Elaine M. Gardiner STATE OF CALIFORNIA COUNTY OF SCL n LA) ON f� -3�-� I ' before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ature 9/94) LONG FORM DEED OF UKA ur -imnnR i ��1203976 ,otary Public. California SAM -LUIS OBISPO .COUNT1r r , i Comm. Expires Dec. 11. 2002 PAGE 3 OF 4 • APN: 002,392,019 TO: Cuesta Title Company, TRUSTEE: REQUEST FOR FULL RECONVEYANCE The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated By: Please mail Reconveyance to: By: Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both original documents must be delivered to the Trustee for cancellation before reconveyance will be made. INITIALS: Wt FD -56 (Rev 9/94) LONG FORM DEED OF TRUST PAGE 4 OF 4 • • Escrow No. 201409 -TA Title Order No. 00201409 EXHIBIT ONE Parcel 1: That portion of Lot 14 of Map of B. Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of Maps, described as follows: Beginning at the Northwest corner of said Lot 14 on the Southeasterly line of Brizzolara Street; Thence Southwesterly along said line of Brizzolara Street and the Westerly line of said Lot 14, 50 feet; Thence at right angles Southeasterly and parallel with the Northeasterly line of said Lot 14 to the center of Stenner Creek, as shown on said Map; Thence following up the center of said Creek to the Northeasterly corner of said Lot 14; Thence Northwesterly along the Northeasterly line of said Lot 14 to the point of beginning. Parcel 2: That portion of Lot 14 of Map of B. Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of Maps, described as follows: Beginning at a point in the Westerly line of said Lot 14 and the Southeasterly line of Brizzolara Street, distant thereon 50 feet Southwesterly from the Northwest corner of said Lot, said point being the Southwesterly corner of the property conveyed to Joseph C. Hampl, an unmarried man, by deed dated June 29, 1949 and recorded July 13, 1949 in Book 528, Page 368 of Official Records; Thence Southwesterly along said Westerly line of said Lot and the Southeasterly line of Brizzolara Street, 15 feet; Thence at right angles Southeasterly and parallel with the Southwesterly line of the property conveyed to Joseph C. Hampl, as aforesaid to the center of Stenner Creek, as shown on said Map; Thence Northerly up the center of said Creek to the Southeasterly corner of said conveyed property; Thence Northwesterly along the Southwesterly line of the property so conveyed to the point of beginning. Parcel 3: That portion of Lot 14 of B. -Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of Maps, described as follows: Beginning at a point on the Westerly line of said Lot 14, distant thereon 65 feet Southwesterly from the Northwesterly corner of said Lot, being the Southwesterly corner of the property conveyed to Joseph C. Hampl, an unmarried man, by deed dated July 26, 1951, and recorded August 13, 1951 in Book 622, Page 142 of Official Records; Thence Southwesterly along said Westerly line of said Lot, 9 feet; Thence Southeasterly and parallel with the Southwesterly line of the property conveyed to Joseph C. Hampl, as aforesaid, to the center of Stenner Creek, as shown on said Map; Thence Northerly along the center of said Stenner Creek to the Southeasterly corner of the property so conveyed; Thence Northwesterly along the Southwesterly line of the property so conveyed to the point of beginning. q UESTA ITLE COMPANY 1319 Marsh Street • San Luis Obispo, CA 93401 • (805) 547 -3920 • FAX (805) 547 -3925 ATTN: Jeff Hook City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 -3249 DATE: January 3, 2002 ESCROW NO: 201409 -TA LOAN NO: BORROWER(S): Glinda Services PROPERTY ADDRESS:. 519 Brizzolara Street, #A -F, San Luis Obispo, CA 93401 We enclose the following documents and /or papers in connection with the above referenced loan: - Copy of City Letter of Instruction signed by Escrow - Original Note - Certified copy executed Deed of Trust - Copy Tax Service Application - Evidence of Insurance Certified copy FINAL RESPA Settlement Statement Escrow has closed and all documents have been recorded as of this date. Your policy of title insurance will follow under separate cover. We trust that this transaction has been handled to your satisfaction and look forward to the opportunity of serving you again in the near future. Sincerely, Tanya Allred �C Certified Sr. Escrow Officer 99 enclosure(s) Lori Gearhart for Tanya Allred, Sr. Escrow Officer Cuesta Title Company 1319 Marsh Street San Luis Obispo, Ca. 93401 Subject: Escrow Instructions for Glinda Services Escrow #201409 -TA Dear Ms. Gearhart: The City of San Luis Obispo agrees to deposit certain funds (City Community Development Block Grant Funds), in the amount of $322,322.00 (Three Hundred Thousand and Three Hundred and Twenty Two Dollars) into the above - referenced escrow account. Upon 24 hour prior notice, the City will wire transfer the funds to the Cuesta Title Company, Escrow Trust Account No. 9100479777, Union Bank of California, Los Angeles, CA (Bank Routing No. ABA 122000496). The City's funds are to be held in said escrow and used for the benefit of Glinda Services, a California non - profit corporation (referenced in said escrow and herein as "buyer "), and are to be used as part of the total consideration in said escrow to purchase property located at 519 Brizzolara Street, in the City and County of San Luis Obispo. In connection with the above referenced escrow, we submit the following documents for final execution by buyer: 1. Affordability Agreement/Deed of Trust Covenants, between the City of San Luis Obispo and Glinda Services, restricting the use of the property being acquired. 2. Promissory Note secured by a Deed of Trust. 3. Request for copy of Notice of Default. No alterations or erasures to the documents are permitted without written approval of the City of San Luis Obispo. You are authorized to pay said City funds to the seller, Laura M. Hampl, Trustee of the Laura M. . Hampl Revocable Living Trust dated October 2, 1997, when the following has taken place: 1. All of the terms of the Escrow . Instructions in said escrow, executed by 'Buyer and Seller," have been complied with, completed and accomplished and you are prepared to deliver the deed of the property to Glinda Services. 2. You have received an executed copy of the Affordability Agreement/Deed of Trust Covenants between the City of San Luis Obispo and Glinda Services, restricting the use of the property being acquired; an executed copy of the Deed of Trust with Assignment of Rents; and an executed copy of the Promissory Note. V�The Gity of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. V. • Escrow Instructions for Cuesta Title Company escrow #201409 -TA Page 2 Said Affordability Agreement/Deed of Trust Covenants and Deed of Trust with Assignment of Rents are to be recorded at the close of escrow and may be recorded junior to the first deed. of trust, in second equity position on the property. Please prepare and record a request for Notice of Default on all senior liens. Escrow holder is instructed to procure real estate tax service for the benefit of the City of San Luis Obispo. Upon close of escrow, please submit the executed Promissory Note and a copy of the final closing statement to the City Clerk, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA 93401 -3249. Attention: Lee Price and Jeff Hook. If for any reason this escrow does not close, return all documents together with these instructions and the City funds to the Finance Director, Bill Statler, City Hall, 990 Palm Street, San Luis Obispo, CA 93401 -3249. Please acknowledge receipt of our enclosures and your complete understanding of our instructions and conditions by signing and returning the original. S ------ - -----� -- - -- r- -- ---- --- r- ---lent ell Lori Gearhart Cuesta Title Company Attachments j h/L / CDBG /Glindaservicesescrowinswctions FA Customer Number Ig Individual Order (ao number required) Lam-u I Prior FA Customer (supply number) Customer Name (eqj Property Address (to Modae tar nporav,) CI(TV op SAN Laps. (062(ISPO -,iTF - �CO2 Address Service e• B (to rive FA mailings) City /StateMp S OrAIISVC ` 3 40 Prepaid Orders Only . � ., „� i� 'ri� -- ...l:: Li•i ';.�:- �:��: - _ '— - n'n:n•_. -u•19 `P :1 Fi ..N tni .',e:' - f S':�. N .T'Ci i4 F-: ] •t 1 ^,' � }'!i 2.. :i. "' ��ri, •• _ F iq.' .+�.i.c .:.. � �•Z.. � � i!• . !J•'1: ''� :�... ,. _i!' r i � t. �•r�� t t l ` '- �-".J.,.��, 5 I� } ,G�•r 1 �'d'y i} I:,"•. .. , • r', :. tea•. _ _ : L_ _'t:i, _ ���; _..l��.. 11::,'.,r � -•. , �� ,.:: _....•.,.�...,,.. .._ - • . _:._ , t,.:�) . µms" ;,� J�.. tt �'''k 1'� �f.,fil,E�,� Tax Service Fee A $100.00 fee per loan for loan amounts up to $499,999.99. For amounts that Lam-u I exceed 5499,99999, add 510.00 per 5100,000 in value, Loan Number (required) (eqj Property Address FLom Data I•oan ,A 1"Imt S O° (required) Term min months) Service e• B Service Only Borrower Name ( mquired) LI Lam-u I 1 (eqj Property Address Street: 5 Z2 L — 'MWeJ7* L 5 Cl3 119 county: Legal Description: (affad kgd dasc ptton lam) COmmeats: s� a ftw-'tf:b---t PrPN 00a -::�Ci a -0 (C) Marl the Tar Reporting Service- Order IFo,zR =and clrwk to_: :._ - Fi�rrt,�rrtao� Beall�a�ate_,Z�- Service _ 8435,.Stear[iiox - - • Qne�srr: 800= Z29=84Zb_- :Qierstis'erylc�es - _ - . OCT.12.2000 10:35M M.421 P.3 The following lists the information you must provide to manually place leans under resida nxial tax service. Order Date - The date you prepare the Individual Residential Tar Service Order form. Loan Number - The permanent loan number as it will be stored in the First American system. This number must be provided by the customer for tracking purposes. Customer Name and Address - This is the seller's name and address. All tax reporting and correspondence will be mailed to this address for the life of the Loan. Loan Amount - The total principal amount of The mortgage or Deed of Trust Service Type - " Serves is the only service provided for individuals. The customer will receive an annual notification of tax delinquencies. Term - The term of the loan expressed in months. Payment - Orders from individuals must be prepaid by check. Please make the check out to First American Real Estate Tax Service. Tax Service )Yee - Fccs for individuals are preprinted on front of the form. It is the customer's responsibility to calculate required amounts for loans of 5500,000.00 or more. Borrower's Name -The mortgagor's fall name as it appears on the encumbering document Subject Property Address - The street address described in the legal description; also known as the sites address. This is NOT the mailing address of the borrower unless the situs address is the same as the maX g address. Legal Description - The complete legal description without abbreviations is required. A copy of the Schedule A legal description may be attached instead of entering the information an the form- For customers submitting an individual order, the loan described in this Tax Service Order is made subject to the terms and conditions of such agreement upon acceptance of the loan for service by First American Real Estate Tax Service (First American). First American Obligations: In consideration of the fee paid to First American by the CUSTOMER, First American will, at least on an a=ul basis, provide the following service: For 13 Service, delinquency rcpoxtii2g, First American will notify the CUSTOMM When ad valorem real property tares and in designated meas, g edd assessments or itoprovement bond installm aging the property desa ffied on the face of this Tax Service Order, become detingicnt Customer Obligations: In consideration of the services to be perfozmed by Fast American, the CUSTOMER will (1) pay the fee 1 iffied by Pizst =merican4 (2) prosy no* First Awaziean of any change in tine CUSTOM M's mailing address, and (3) promptly notify First American of nay changes in &c CUSTOM Is artaeat in Ow &=dbed property. ILindtation on Liability: First Amerieam's sole and axalusive fign1ity wW be lambed m paymont for *a it►berest associated to the delinquent taxes. Fast American is notliable for the underlyatg taxes or delinquent cost; associated with iattial or subsequent failure to pay taxes and in no event shall mooted interest to Ste amount of twenty -five htmdred dollars Initials ($2,500) for a single loan. Cancellation: This Tax Service Order will be canceled and no 61rtite9 services win be performed by Fast American if: 1. The described loan is paid off. assaigned, refinanced, or otherwise t=il=ted. 2. The CUSTOMER gives First Americaa written notice of cancellation. 3. The described property is sold at sax sale. 4. First Ameticim is unable to confirm receipt of notices sent to the CUSTOMER for two eomsecutive years. General: This Tax Service Order is intended to be the sole and complete statement of the obligations of First A mmican and time CUSTOMER for services to be performed by First America* The provisions of this Tax Service Order are for the benefit o £First American and the CUSTOMM and are not for the benefit of any other perms n. This Tax Service Order wM be governed by the laws Of do state of Teens. Parcel 1: That portion of Lot 14 of Map of B. Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of Maps, described as follows: Beginning at the Northwest corner of said Lot 14 on the Southeasterly line of Brizzolara Street; Thence Southwesterly along said line of Brizzolara Street and the Westerly line of said Lot 14, 50 feet; Thence at right angles Southeasterly and parallel with the Northeasterly line of said Lot 14 to the center of Stenner Creek, as shown on said Map; Thence following up the center of said Creek to the Northeasterly corner of said Lot 14; Thence Northwesterly along the Northeasterly line of said Lot 14 to the point of beginning. Parcel 2: That portion of Lot 14 of Map of B. Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of Maps, described as follows: Beginning at a point in the Westerly line of said Lot 14 and the Southeasterly line of Brizzolara Street, distant thereon 50 feet Southwesterly from the Northwest corner of said Lot, said point being the Southwesterly corner of the property conveyed to Joseph C. Hampl, an unmarried man, by deed dated June 29, 1949 and recorded July 13, 1949 in Book 528, Page 368 of Official Records; Thence Southwesterly along said Westerly line of said Lot and the Southeasterly line of Brizzolara Street, 15 feet; Thence at right angles Southeasterly and parallel with the Southwesterly line of the property conveyed to Joseph C. Hampl, as aforesaid to the center of Stenner Creek, as shown on said Map; Thence Northerly up the center of said Creek to the Southeasterly corner of said conveyed property; Thence Northwesterly along the Southwesterly line of the property so conveyed to the point of beginning. Parcel 3: That portion of Lot 14 of B. Brizzolara's Addition to the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 1, 1879 in Book A, Page 45 of. Maps, described as follows: Beginning at a point on the Westerly line of said Lot 14, distant thereon 65 feet Southwesterly from the Northwesterly corner of said Lot, being the Southwesterly corner of the property conveyed to Joseph C. Hampl, an unmarried man, by deed dated July 26, 1951, and recorded August 13, 1951 in Book 622, Page 142 of Official Records; Thence Southwesterly along said Westerly line of said Lot, 9 feet; Thence Southeasterly and parallel with the Southwesterly line of the property conveyed to Joseph C. Hampl, as aforesaid, to the center of Stenner Creek, as shown on said Map; Thence Northerly along the center of said Stenner Creek to the Southeasterly corner of the property so conveyed; Thence Northwesterly along the Southwesterly line of the property so conveyed to the point of beginning. CITY OF SAN LUIS OBISPO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROMISSORY NOTE SECURED BY DEED OF TRUST FOR VALUE RECEIVED, the undersigned (hereinafter referred to as "GLINDA SERVICES ") promises to pay to the City of San Luis Obispo (hereinafter referred to as "CITY "), at the office of the San Luis Obispo City Finance Director, the principal sum of Three Hundred Thousand, Three Hundred and Twenty Two Dollars ($322,322) in lawful money of the United States under the terms described below. Interest shall not accrue on this note. It is the City's intent that said funds be used by GLINDA SERVICES to purchase property at 519 Brizzolara Street (hereinafter referred to as "PROPERTY ") to be used for housing affordable to very-low and low income households, as defined by the City's Affordable Housing Standards or other standards which may be adopted by the City Council which supercede these standards. Further, it is the City's intent that said property shall be used for affordable housing for a period of not less than 30 years from the date of close of escrow.. Repayment of the principal sum will be required only under the circumstances described in paragraphs A or B below. A. The principal sum of $322,322 shall become immediately due and payable, at the option of the City Administrative Officer, within 15 days of notice by CITY if escrow is not successfully completed. B. The principal sum of $322,322 shall become immediately due and payable, at the option of the City Administrative Officer without demand or review, if at any time within 30 years after execution of this note: (1) Title to all or any part of the property described in the Deed of Trust securing this note is sold, conveyed, encumbered, alienated or transferred without offering the first right of refusal to CITY, Housing Authority of the City of San Luis Obispo or to another housing provider approved by CITY, to purchase the property at its then current appraised value, less $322,322; or (2) An equitable interest in all or any part of the property described in the Deed of Trust securing this note is sold, conveyed, encumbered, alienated or transferred without offering the first right of refusal to CITY, Housing Authority of the City of San Luis Obispo or to another housing provider approved by CITY, to purchase the property at its then current appraised value, less $322,322; or (3) Said property is used for some primary purpose other than for housing affordable to very-low, low- or moderate - income persons, as defined in the City's Affordable Housing Standards on file in the Community Development Department, City of San Luis Obispo, unless an alternate use is approved by CITY, pursuant to HUD rule 24 CFR 570.505. Promissory Note Page 2 (4) CITY determines that GLINDA SERVICES has incurred obligations or made expenditures for purposes which are not permitted or are prohi ited under the Affordability Agreement/Deed of Trust Covenants dated Ol between CITY and GLINDA SERVICES, or if GLINDA SERVICE9 has failed to fulfill its obligations as described in said Agreement. C. Failure of CITY to exercise the option to accelerate repayment of the debt under the circumstances described above will not constitute a waiver of the right to exercise the option in the event of the subsequent occurrence of any of, the circumstances listed in paragraphs A or B. D. In the event of default in the repayment of this Note, the undersigned shall pay to CITY interest on the unpaid sum, from and after the date of default, which interest shall accrue at the then current rate imposed under California Civil Code section 3289(b), or any similar or successor provision thereof, until the default is cured to satisfaction of CITY. E. If this Note is not paid in full if and when it becomes due, the undersigned agrees to pay all costs and expenses of collection, including reasonable attorney fees and court costs. F. This Note is secured by a Deed of Trust, of even date, on the property identified as Assessor's Parcel Number 002 - 392 -019, to Cuesta Title Company, a California Corporation, as trustee, which is duly filed for record in the Office of the County Recorder of the County of San Luis Obispo, State of California, described as follows: That portion of Lot 14 of Map of B. Brizzolara's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Cbispo, State of California, according to map recorded November 1, 1879 in .Book A, Page 45 of Maps, and as more commonly. described. as 519 Brizzolara Street, Units A -F, San Luis Obispo, California 93401. This Note constitutes a portion of the unpaid balance of the purchase price of real property purchased by the maker and securing this Note. Demand, protest and notice of demand and protest are hereby waived by the undersigned, and the undersigned hereby waive(s), to the extent. authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced. by this Note. IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of the date set forth below. 0 Promissory Note Page' 3 GLINDA SERVICES, A California non- profit corporation (attach notarization). Marianne Kennedy Executive Director /�/1:7S/G_ 1 Date Elaine M. Gardiner Date Board of Directors CITY, A Municipal Corporation. APPROVED AS TO CONTENT: W IZ- Z11 -61 Wendy Ge (8rge Date Assistant City Administrative Officer APPROVED AS TO FORM AND LEGAL EFFECT: Acting City Attorney Promissory Note Page 4 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ss. On It Ly t= i � O before me, Pamela K. King, personally appeared Wendy George, City Administrative Officer, and Gilbert A. Trujillo, Acting City Attorney,, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entities upon behalf of which the persons acted, executed the instrument. ,WITNESS my hand and official seal. -33 my hand ma 01"c'a' sew. vvl""r PAMELA K. KING COMMiss!On P 1227306 PU Notary Public: - 'R z PAMELA K KING NOTARY B� Sarl. WIS Court PAMELA KKING, NOTARY PU T Title of Documen V-1 Ale-- Date of Document No.. of Pages Other signatures not acknowledged: ih/UCDBG/GL1NDA SERVICESnote State of California } County of San Luis Obispo } On December 28, 2001, before me, Pamela K. King, Notary Public, personally appeared Elaine M. Gardiner and Marianne Kennedy, proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the .instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. 'tness my hand and off' ial s al. PAMELA K_ KING Commission # '.227306 Z i Notary PIRC Cal "ornia Pamela K. King, Notary Public Z �, San Luis ObiFpo Coun'y My Comm. Fxpires JAI 22003 Capacity claimed by_signer(s): individuals(x) O corporation O partnership ( ) attorney -in -fact ( ) political agency O Affordable Housing Covenants 12/28/2001 14:00 FAX 805 5487044 NEAL- TRUESDALE,INC. 10 003 ACOR"Emp""m � �z'zlsj`VI,� IS E FENCE THAT UH AS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE THIS R RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. pgppUC[R " " - - - - -- "1 PRONE - " °- —� C COeIPANY Neal - Truesdale Insurance Inc F First National Insurance License # 0368744 1 P.O. Box 30968 1400 Madonna Road P Oakland, CA 94605 San Luis Obispo, CA 93405 -6433 O cow - 9123168 • _ 0 0_0004599 L04F1- 1iUN8ER _.__ TfO]CY NuNCUSTOMER I -• — Cp77501073 Glinda Services Inc. C - E�cinrE DATE expiRAmbN DATE C CONTINUED UNTIL P 0 Box 125 0 09/26/2001 09/26/2002 T TERMINATED IF CHECKED San Luis Obispo, CA 93406 - -�— TI{Ig REPUlCES PRSOR EVIDENCE DOTED: LOCATIOWDESCRIPTION 1 Loc 00006 Bldg 00001 519 Brizzolara St. San L Luis Obispo, CA 93401 2 Loc 00006 Bldg 00002 519 Brizzolara St. San L Luis Obispo, CA 93401 3 Loc 00006 Bldg 00003 519 Brizzolara St. San L Luis Obispo, CA 93401 4 Loc 00006 Bldg 00004 .519 Brizzolara St. San L Luis Obispo, CA 93401 AMOUNT � DEDUC'nBLE —T.._ 157,320�� 500 1 Building, Special ._T � I I 1 Loss of Rents, , Special I 21,6001 2 Building, , Special I 102,680 500 2 Loss of rents, , Special 10,800 3 Building, , Special 80,000 500 3 Loss of Rents, , Special ± 19,200 60,000 500 4 Building, , Special 4 Loss of Rents, , Special I 8,400' es added to existing policy etr. _, , ._ . _ . .._ .. . - - POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW . ten DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD - AFFECT THAT INTEREST,� , , IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. WIME dM0 ODORFS3 City.of.San Luis..Obispo = Community Development.Dept. 990 Palm- Street San Luis Obispo, CA -93401 MORTGAGEE L_j ADDITIONAI._IMSUREO = '.LOSSR4YEE I X Second Mortgagee _ rumi- �ImIORI�D RED- �o71vE Jack Neal /LINDA es added to existing policy etr. _, , ._ . _ . .._ .. . - - POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW . ten DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD - AFFECT THAT INTEREST,� , , IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. WIME dM0 ODORFS3 City.of.San Luis..Obispo = Community Development.Dept. 990 Palm- Street San Luis Obispo, CA -93401 MORTGAGEE L_j ADDITIONAI._IMSUREO = '.LOSSR4YEE I X Second Mortgagee _ rumi- �ImIORI�D RED- �o71vE Jack Neal /LINDA ri 1h A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT Cuesta Title Company B. TYPE OF LOAN OMB No. 2502 -0265 1. [ ]FHA 2. [ ] FmHA 3. [X] Conv. Unins 4. [ 1 VA 5. [ 1 Conv. Ins 6. ESCROW NUMBER: 7. LOAN NUMBER: 201409 -TA 8. MORTGAGE INSURANCE NUMBER: NOTE: THIS FORM IS FURNISHED TO GIVE YOU A STATEMENT OF THE ACTUAL SETTLEMENT COSTS. AMOUNTS PAID TO AND BY THE SETTLEMENT AGENT ARE SHOWN. ITEMS MARKED "(P.O.C.)" WERE PAID OUTSIDE OF THE CLOSING: THEY ARE SHOWN HERE FOR INFORMATIONAL PURPOSES AND ARE NOT INCLUDED IN THE TOTALS. D. NAME OF BORROWER: Glinda Services P O Box 125 San Luis Obispo, CA 93406 E. NAME OF SELLER: the Laura M. Hampl Revocable Living Trust dated October 2, 1997 34634 S.E. Ranch Ave. Albany, OR 97321 F. NAME OF LENDER: Coast National Bank 486 Marsh Street San Luis Obispo, CA 93401 G. PROPERTY LOCATION: 519 Brizzolara Street, #A -F San Luis Obispo, CA 93401 H. SETTLEMENT AGENT: Cuesta Title Company I. SETTLEMENT DATE: 01/02/2002 PLACE OF SETTLEMENT: 1319 Marsh Street San Luis Obispo, CA 93401 J. SUMMARY OF BORROWER'S TRANSACTIONS _ SUMMARY OF SELLER'S TRANSACTIONS 1:00, GR05S AMOUNT DUE:FftO/t 8t3RRL1WER..: D0.FiS.AMC�UEV7 DL1ET{ S1:LLER...................... .:......:........:.. ;: 101. Total Consideration 615,000.00 101. Total Consideration ...:......:.:.::...........;:.: 615,000.00 102. Personal Property $02. Personal Property 103. Settlement charges to borrower (line 1400) 2,960.30 $03. 104. 404. 105. 405. Adjustments: Items Paid by Seller in Advance Adjustments: Items Paid by Seller in Advance 106. City /Town Taxes 406. City /Town Taxes 107. PPD County Taxes fr 01/02/02 to 07/01/02 760.65 y Taxes fr 01/02/02 to 07/01/02 760.65 108. Assessments ts 109. 110. 111. Ucc 112. 113. 114. 2CCr. 115. �..� Gain= 116. 117. 118. 18. 120. GROSS AMOUNT DUE FROM BORROWER 61 8,720.95 20. GROSS AMOUNT DUE TO SELLER 61 5,760.65 2tia NTu PAt 7: Y: i}E:: -SE-H if l °: f RRf €3UC� EL�t °:ilk �0.MQU °f :p /E Ti 'S1rLE.Er 201. Deposit or earnest money 20,000.00 01. Excess deposit (see inst.) 202. Principal Amount of New Loan(s) 305,000.00 02. Settlement charges to seller (line 1400) 500,475.56 203. Existing loan(s) taken subject to 03. Existing loan(s) taken subject to 204. 2nd New Loan 322,322.00 04. Prorated Rents 3,835.83 205. Prorated Rents 3,835.83 05. Prepaid Deposits 5,350.00 206. Prepaid Deposits 5,350.00 06. Payoff To Chevy Chase Bank 106,099.26 207. 07. 208. 508. 209. 09. Adjustments: Items Unpaid by Seller djustments: Items Unpaid by Seller 210. City /Town taxes -- - 510. City /Town Taxes - - -... 211. County T,_ _ -_-- I._ - - -- - -- - - ti I. ,;ounty Taxes I 212• 12. Assessments 213. 13. 214. 14. 215. 15. 216. 16. 217. 17. 218. 18. 219. 19. 220. TOTAL PAID BY /FOR BORROWER 656,507.83 20. TOTAL REDUCTIONS IN AMOUNT DUE SELLER 61 5,760.65 : >fy >GSH:A:: err R............ .............: :::::::::::...... CIM:<GAS#1..1�,7:Si+T..:. CC 17:.E#QM:..S.:I L :.;.:.:. >:.;;;;: .:.::: .::.iii:.::.:':: ::::::::.�::::: 301. Gross amount due from borrower (line 120) 618,720.95 301. Gross amount due to seller (line 420) 615,760.65 302. Less amounts paid by /for borrower (line 220) 656,507.83 02. Less reduction in amount due seller (In 520) 615,760.65 303. CASH 1 FROM) (XX TO) BORROWER 37,786.88 P03. CASH ] FROM) (XX TO) SELLER 0.00 - a A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT Cuesta Title Company B. TYPE OF LOAN OMB No. 2502 -0265 1. [ 1 FHA 2. [ 1 FmHA 3. 1X1 Conv. Unins 4. [ 1 VA 5. [ 1 Conv. Ins 6. ESCROW NUMBER: 7. LOAN NUMBER: 201409 -TA 8. MORTGAGE INSURANCE NUMBER: NOTE: THIS FORM IS FURNISHED TO GIVE YOU A STATEMENT OF THE ACTUAL SETTLEMENT COSTS. AMOUNTS PAID TO AND BY THE SETTLEMENT AGENT ARE SHOWN. ITEMS MARKED "(P.O.C.)" WERE PAID OUTSIDE OF THE CLOSING: THEY ARE SHOWN HERE FOR INFORMATIONAL PURPOSES AND ARE NOT INCLUDED IN THE TOTALS. D. NAME OF BORROWER: Glinda Services P O Box 125 San Luis Obispo, CA 93406 E. NAME OF SELLER: the Laura M. Hampl Revocable Living Trust dated October 2, 1997 34634 S.E. Ranch Ave. Albany, OR 97321 F. NAME OF LENDER: Coast National Bank 486 Marsh Street San Luis Obispo, CA 93401 G. PROPERTY LOCATION: 519 Brizzolara Street, #A -F San Luis Obispo, CA 93401 H. SETTLEMENT AGENT: Cuesta Title Company I. SETTLEMENT DATE: 01/02/2002 PLACE OF SETTLEMENT: 1319 Marsh Street San Luis Obispo, CA 93401 J. SUMMARY OF BORROWER'S TRANSACT IONS SUMMARY OF SELLER'S TRANSACTIONS »1 >AO : >::G:FRtJ5S:::AM:Oi1�lT:: E�:E': ;.0 :> .D. . F.R. �tE..St3RJ OW. - ER::>::> :: >:: > ::::::......:......:..... »..... :: »:: » >:::. _ :.....::.........:....:..:..:..... f31 <> . C1 ::; . .::::::> ..:. ::...:.. . R S AML3L1.(VT..t3LEE;T4;:S�3 � IrR::;<: >:::<::: »>:>::::: i:::>:::<:»::<::::<::«::::::<::< ::<::::<::: >:::: >: >: >:::: >::::: : X X::::::::::::.:::::::::::.::.:::.:::::::::::::.:::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::.::: 101. Total Consideration 615,000.00 01. Total Consideration 615,000.00 102. Personal Property 02. Personal Property 103. Settlement charges to borrower (line 1400) 2,960.30 03. 104. 404. 105. 405. Adjustments: Items Paid by Seller in Advance Adjustments: Items Paid by Seller in Advance 106. City /Town Taxes 406. City /Town Taxes 107. PPD County Taxes fr 01 /02/02 to 07/01/02 760.65 07. PPD County Taxes fr 01 /02/02 to 07/01/02 760.65 108. Assessments 08. Assessments 109. 09. 110. 10. 111. 11. 112. 12. 113. We Oer ny tM Is o a'.true and exact copy of the origiamL 114. E3 Jit C i.oFCIj any - 115. 1 1 116. 117. 17. 118. 18. 120. GROSS AMOUNT DUE FROM BORROWER 618,720.95 20. GROSS AMOUNT DUE TO SELLER 61 5,760.65 ZOt? AltilfJE1N FS. x41D B tJR €t±:: EN t� iii=. t3DFtF #Ixi ..'. €f 3. f b3JC`t 10. . [f� �tiA>�g13E�3 . bi,1 'TQ S LLr= 201. Deposit or earnest money 20,000.00 01. Excess deposit (see inst.) 202. Principal Amount of New Loan(s) 305,000.00 02. Settlement charges to seller (line 1400) 500,475.56 203. Existing loan(s) taken subject to 03. Existing loan(s) taken subject to 204. 2nd New Loan 322,322.00 04. Prorated Rents 3,835.83 205. Prorated Rents 3,835.83 05. Prepaid Deposits 5,350.00 206. Prepaid Deposits 5,350.00 06. Payoff To Chevy Chase Bank 106,099.26 207. 07. 208. 08. 209. 09. Adjustments: Items Unpaid by Seller Adjustments: Items Unpaid by Seller 210. City /Town taxes 510. City /Town Taxes 211. County Tdxos 11. County Taxes i 212• 12. Assessments 213. 13. 214. 14. 215. 15. 216. 16. 217. 17. 218. 18, 219. 19. 220. TOTAL PAID BY /FOR BORROWER 656,507.83 20. TOTAL REDUCTIONS IN AMOUNT DUE SELLER 61 5,760.65 t ' xs` :: ,.....>; iiiiiii:.. t�...::::..H A7 SE1"iLE iEE 17 FR tUI�f )lC?k iO i>~�i :: >:::::;;::: >:: >:: >:::.::; ....... :CA" ... ,.::: ;> ":::i "'i .: ;:...:: r -. ::. :::> s >:«<>;;;>: II SH AT: S5-T ,EM):t l E# C 11llfY ::::: :.... 301. Gross amount due from borrower (line 120) 618,720.95 01. Gross amount due to seller (line 420) 615,760.65 302. Less amounts paid by /for borrower (line 220) 656,507.83 02. Less reduction in amount due seller (In 520) 1 615,760.65 303. CASH 1 FROM) (XX TO) BORROWER 37,786.88 P03. CASH ( FROM) (XX TO) SELLER 0.00 L. SETTLEMENT STATEMENT Escrow: 201409 -TA .............. _. _... _............................................ ............................... ........................................................................................................................................................................................ ............................... . 7Df: >Tt3fAiL::: Sid: LESl i3ROK: ER' S:: Dh� :(wI1S:S11t�E:#aased:::�ir�::: r:�C;:$;6;I::f0:04:; ::: >:5:QA'3ti<::5':7Sai' >: » »':: :.::.:::.:::.:::::: s:::::::::::::::::::::::::::::::::.::::::.:: :::.:::::.::::::::::::::: ::::.. PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT Division of Commission (line 700) as follows: 701. 15,375.00 - Thomas R. Patterson, Inc. 702. 15,375.00 - Real Estate Group 703. Commission paid at settlement 30,750.00 704. ::M IT S £?A�RRI. IM .O.NNECTUID 1. iTFf:.E S A1�# ..:..;. .. .:.. .. ..........I .............:::::::::::::::::::::::: ::::::::::: :::..... ::::::::::::,:::::::::::::::::::::::::.:::::::::::.::::.:::::::::::::::::::::::::::::::::.::::::::,::::::.:::::..:::.:::::::.:::.::::::::::::::::::::::::::::::::.............:: :::.:..................,:...... 801. Loan Origination Fee 802. Loan Discount 803. Appraisal Fee 1,000.00 804. Credit Report 805. Lender's Inspection Fee 806. Mortgage Insurance Application Fee 807. 808. 809. 810. 811. 812. 813. 814. 40a 1 fEIMS 3 �i� 7i#3EFJ 51 I�Mt).Ei�'i'Q3::B� #'A11�.:ETV l�l�lifl i ; :...: :.. 901. Int at 0.0000% fr / / to 902. Mortgage Insurance Premium 903. 904. 905. 1:( iOiT: ::PAS:ElE5::aEPE3537EF3::[:;.:; L :ftE : > :':::::::; »:;;:: >:<; ><:: > >««« ?:;::<:: ;: »<;:<;:zzzz;::; .. E. . R........ .......................................................................................................................................................................................:.............................................................................. .......:....................... ....................................................................................................................................................................................................................................................................... ............................... 1001. Hazard Insurance months @ $ per month 1002. Mortgage Insurance months @ $ per month 1003. City property taxes months @ $ per month 1004. County property taxes months @ $ per month 1005. Annual assessments months @ $ per month 1006. 1007. 1008. 7::::.:a.: ESCRO.WV Af!1.F} TIT.t.E:..CEE?iR E .........:....................:...:................................................................................................. ........ ...................... ......... ............. ............................... 1101. Settlement or closing fee to Cuesta Title Company 532.50 532.50 1102. Abstract or Title Search 1103. Title Examination 1104. Title Insurance Binder 1105. Doc Prep Fees 40.00 100.00 1106. Notary fees 1107. CLTA Loan Policy (10- 17 -92) w /Form 1 Cov. for 322,322.00 Cuesta Title Company 100.00 1108. Title Insurance Cuesta Title Company 515.80 1,956.00 1109. Lender's coverage - ALTA Loan Policy (10- 17 -92) w /Form 1 Cov. $ 305,000.00 1110. Owner's coverage CLTA Standard Policy - 1990 Form $615,000.00 1 1 1 1. Loan Tie -in 150.00 1112. Draw Deed 80.00 1113. Courier Fees 40.00 1114. Wire Fee 40.00 1115. Reconveyance Fee 65.00 1116. ~I'2G�D GaU «i�NM)wf REC3FtD(t!(G RhJt) 1FtANPf>:HARCjES .. 1201. Recording Fees: Deed $ 20.00 Mortgage $70.00 Releases $10.00 1 90.00 10.00 1202. City /Count tax /stamps 676.50 - Mortgage $ C70.50 1203. State Taxistamps: Deed $ 0.00 Mortgage $ 1204. Recording Agreement 25.00 1205. Recording Request for Notice 7.00 .... ....... :::... .: ::::::::::::::.:::::::::::::..............................::::.::::::::::::::::::::::::::::::.::::...:.::::::::::::.:::::::::::::::::::::::::::::: y:3(75:> AL?D)Tf)r7N' £T 1301. Survey 1302. Brezden Pest Control, Inc. for Termite Report /Work 315.00 1303. San Luis Obispo County Tax Collector for 2nd 1/2 01102 taxes 764.90 1304. Hisco Home Warranty for Home Protection Policy 750.00 1305. Ronald C. Hampl Early Release of Funds 10,000.00 1306. Karen H. Howell Early Release of Funds 10,000.00 1307. Cuesta Title Company Hazard Disclosure Statement 40.00 1308. Laura Anne Howell 2,500.00 1309. Edith H. Boteler 2,500.00 1310. Ronald Joseph Hampl 2,500.00 1311. Other Charges - See Attached 500.00 436,855.66 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103, Section J and 502, Section K) 2,960.30 500,475.56 Wednesday, January 2, 2002, 12:46 Escrow: 201409 -TA ATTACHMENT TO RESPA SELLERS: Laura M. Hamel Revocable Living Trust 58 Bitting Road Alburtis, PA 18011 DEPOSITS TO ESCROW Glinda Services PAYOFF CHARGES FOR Chevy Chase Bank Principal Balance Interest to 01 /30/02 CHARGES FROM LINE NO. 1311 Patrick Lee Hampl Randall Derrick Hampl Daniel Hampl Donnie Hampl David Hampl Ronald C. Hampl and Patricia L. Hampl 50% net proceeds Karen H. Howell 50% net proceeds Tax Service r BUYER SELLER 20,000.00 500.00 104,299.03 1,800.23 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 212,177.83 212,177.83