HomeMy WebLinkAboutDeeds & Easements_21B-1996EApproved: 9/3/96
Trust Deed
California West Construction
AKA AWARE Development Company
Financing of impact fees for
construction of 11 single family
homes on Magnolia Avenue
See Finance Agreement this date
under "Agreements"�
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JkSA
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
City oi'Redlands
P. O. Box 300�
Redlands. CA 92373
n Recorded in official Records, County of
San Bernardino, Errol J. Mackzum, Recorder
Doc No. 19960463537
3:00pm 12/18/96
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TRUST DEED
THIS TRUST DEED ("Trust Deed"), dated December 17, 1996, is made by Aware
Development Company, Incorporated ("Trustor") a California corporation whose address is 1500
West Sixth Street, Suite "A," Corona, California 91720, in favor of Chicago Title Company, a
California corporation ("Trustee"), and the City of Redlands, a California municipal corporation
whose address is 35 Cajon Street, Redlands, California 92373 ("Beneficiary"), and is executed to
secure, among other things, that certain Security Agreement dated as of December 17, 1996 and
executed by Trustor in favor of Beneficiary (such Security Agreement, as it may from time to time
be supplemented, amended, extended, renewed or otherwise modified from time to time being
referred to in this Trust Deed as the "Security Agreement"), the provisions of which are incorporated
in this Trust Deed by reference.
1,00 Grant in Trust and Security Agreement. For valuable consideration, Trustor
irrevocably grants, transfers and assigns to Trustee, in trust, with power of sale, for the benefit of
Beneficiary, the following property (the "Trust Estate"):
(a) the real property described in Exhibit "A" attached to this Trust Deed and
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incorporated in this Trust Deed by reference (the "Land");
(b) all buildings, structures and other improvements no«- or in the future located or to be
constructed on the Land (the "Improvements"):
(c) all tenements, hereditament, appurtenances, privileges and other rights and interests
now or in the future benefiting or otherwise relating to the Land or the Improvements, including
easements, rights-of-xva)% devclopment rights. mineral rights, water rights and water stock (the
"Appurtenances," and together with the Land and the Improvements, the "Real Property
(d) all rents, issues, income, revenues, royalties and profits now or in the future payable
with respect to or otherwise derived from the Real Property or the ownership, use, management,
operation, leasing or occupancy of the Real Property, including those past due and unpaid (the
"Rents");
2.00 Obliszations Secured. This Trust Deed is given for the purpose of securing payment
and performance of the following (the "Secured Obligations") (a) all present and future indebtedness
evidenced by the Security Agreement, including principal, interest and all other amounts payable
under the terms of the Security Agreement; (b) all present and future obligations of Trustor to
Beneficiary under this Trust Deed, and (c) al I additional present and future obligations of Trustor
to Beneficiary under any other agreement or instrument (whether existing now or in the future states
that it is, or such obligations are, secured by this Trust Deed; in each case as such indebtedness and
other obligation may from time to time be supplemented, modified, amended, renewed and extended,
whether evidenced by new or additional documents or resulting in a change in the interest rate on
any indebtedness or otherwise).
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3.00 Trustor's Covenants. To protect the security of this Trust Deed, Trustor agrees as
follows:
,).01 Pavnnent and Performance of Secured Obligations: Purchase Agreement. Trustor
shall pay and perform all Secured Obligations in accordance with the respective terms of such
Secured Obligations, whether evidenced by or arising under this Trust Deed, the Security Agreement
or otherwise.
.3.02 Maintenance of Trust Estate. Unless Beneficiary otherwise consents in writing..
Trustor shall (a) keep the Property in good condition and repair, and promptly and in a good and
workmanlike manner (and with new materials of good quality) complete any Improvements to be
constructed on the Land, repair or restore any part of the Real Property that may be injured, damaged
or destroyed, and repair, restore or replace any goods that may be injured, damaged, destroyed or
lost or t hat may be or become obsolete, defective or worn out (except that Trustor shall not be
required to repair, restore or replace any such goods of insignificant value which are not reasonably
necessary or appropriate to the efficient operation of the Real Property), and in each case pay when
due all valid claims for labor, service, equipment and material and any other costs incurred in
connection with any such action, (b) not remove, demolish or materially alter any Improvements,
(c) not commit or permit any waste of any part of the Real Property, (d) not permit or consent to any
restriction that would prevent or otherwise impair the use or development of the Real Property for
the purposes contemplated by the Security Agreement, (e) comply in all material respects with all
laws and other requirements, and not commit or permit any material violation of any laws or other
requirements, ,vhich affect any part of the Trust Estate or require any alterations or improvements
to be made to any part of the Real Property, (f) take such action from time to time as may be
reasonably necessary or appropriate, or as Beneficiary may reasonably require, to protect the
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physical security of the Real Property, (g) not part with possession of or abandon any part of the
Trust Estate or cause or permit any interest in any part of the Trust Estate to be sold, transferred,
leased, encumbered. released, relinquished. terminated or otherwise disposed of (whether
voluntarily. by operation of la,�N' or othe5vise), and (h) take all other action ~Which may be reasonably
necessary or appropriate to preserve, maintain and protect the Trust Estate, including the
enforcement or performance of any rights or obligations of Trustor. Any change in ownership of
a controlling interest in Trustor shall be deemed to constitute a transfer of the Trust Estate in
violation of the covenant contained in (g) above.
3.03 Insurance. Trustor shall maintain property "all risk" insurance (including earthquake
coverage) covering the Real Property and any collateral consisting of personal property in such
forms and amounts and with such insurance companies as are commercially reasonable.
Additionally, Trustor shall at all times maintain comprehensive general liability insurance in an
amount not less than $1,000,000.
3.04 Liens and Taxes. Trustor shall pay, prior to delinquency, all taxes which are or may
become a lien affecting any part of the Trust Estate (including assessments on appurtenant water
stock) and Trustor shall pay and perform when due all other obligations secured by or constituting
a lien affecting any part of the Trust Estate.
3.05 Actions. Trustor shall appear in and defend any claim or any action or other
proceeding purporting to affect title or other interests relating to any part of the Trust Estate, the
security of this Trust Deed or the rights or powers of Beneficiary or Trustee, and give Beneficiary
prompt written notice of any such claim, action or proceeding. Beneficiary and Trustee may, at the
expense of Trustor, appear in and defend any such claim, action or proceeding and any claim, action
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or other proceeding asserted or brought against Beneficiary or Trustee in connection with or relating
to any part of the Trust Estate or this Trust Deed.
3.06 Action By Beneficiary or Trustee. If Trustor fails to perform any of its obligations
under this Trust Deed, Beneficiary or Trustee may, but without any obligation to do so and without
notice to or demand upon Trustor and without releasing Trustor from any obligations under this
Trust Deed, and at the expense of Trustor; (a) perform such obligations in such manner and to such
extent and make such payment and take such other action as either may deem necessary in order to
protect the security of this Trust Deed, Beneficiary or Trustee being authorized to enter upon the
property for such purposes, (b) appear in and defend any claim or any action or other proceeding
purporting to affect title or other interests relating to any part of the Trust Estate, the security of this
Trust Deed or the rights or powers of Beneficiary of Trustee. If Beneficiary or Trustee shall elect
to pay any such lien or right of others of any taxes which are or may become a lien affecting any part
of the Trust Estate or make any other payments to protect the security of this Trust Deed, Beneficiary
or Trustee may do so without inquiring into the validity or enforceability of any apparent or
threatened lien, right of others or taxes, and may pay any such taxes in reliance on information from
the appropriate taxing authority or public office without further inquiry.
3.07 Obligations with Respect to Trust Estate. Neither Beneficiary nor Trustee shall be
under any obligation to preserve, maintain or protect the Trust Estate or any of Trustor's rights or
interests in the Trust Estate, or make or give any presentments, demands for performance, protests,
notices of nonperformance, protest or dishonor or other notices of any kind in connection with any
rights, or take any other action with respect to any other matters relating to the Trust Estate.
Beneficiary and Trustee do not assume and shall have no liability for, and shall not be obligated to
perform any of Trustor's obligations with respect to any rights or any other matters relating to the
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Trust Estate, and nothing contained in this Trust Deed shall release Trustor from any such
obligations.
3.08 Default. Upon the occurrence of any event of default: (a) Trustor shall be ill default
under this Trust Deed, and upon acceleration or the maturity of any Secured Obligation in
accordance with the terms of the Security Agreement, all Secured Obligations shall immediately
become due and payable without further notice to Trustor; and (b) Beneficiary may, without notice
to or demand upon Trustor, which are expressly waived by Trustor (except for notices or demands
otherwise required by applicable laws to the extent not effectively waived by Trustor and any notices
or demands specified below), and without releasing Trustor from any of its obligations, exercise any
one or more of the following remedies as beneficiary may determine:
Beneficiary may, either directly or through an agent or court -appointed receiver, and without
regard to the adequacy of any security for the Secured Obligations:
(A) enter, take possession of, manage, operate, protect, preserve and maintain, and
exercise any other rights or an owner of the Trust Estate, and use any other properties or facilities
of Trustor relating to the Trust Estate, all without payment of rent or other compensation to Trustor;
(B) enter into such contracts and take such other action as Beneficiary deems appropriate
to complete all or any part of any construction which may have commenced on the Land, subject to
such modifications and other changes in the plan of development as Beneficiary may deem
appropriate;
(C) make, cancel. enforce or modify leases, obtain and evict tenants, fix or modify rents
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and, in its own narne or in the name of Trustor, otherwise conduct any business of Trustor in relation
to the Trust Estate and deal with Trustor's creditors, debtors, tenants, agents and employees and any
other persons having any relationship with Trustor in relation to the Trust Estate. and amend any
contracts between them. in any manner Beneficiary may determine;
(D) either with or without taking possession of the Trust Estate, notify obligors on any
rights that all payments and other performance are to be made and rendered directly and exclusively
to Beneficiary, and in its own name supplement, modify, amend, renew, extend. accelerate, accept
partial payments or performance on.. make allowances and adjustments and issue credit with respect
to, give approvals, waiver and consents under, release, settle, compromise, compound, sue for,
collect or otherwise liquidate, enforce or deal with any rights, including collection of amounts past
due and unpaid (Trustor agreeing not to take any such action after the occurrence of an Event of
Default without prior written authorization from Beneficiary);
(E) endorse, in the name of Trustor, all checks, drafts and other evidences of payment
relating to the Trust Estate, and receive, open and dispose of all mail addressed Trustor and notify
the postal authorities to change the address for delivery of such mail to such address as beneficiary
may designate; and
(F) take such other action as Beneficiary deems appropriate to protect the security of this
Trust Deed.
Beneficiary may execute and deliver to Trustee written declaration of default and demand
for sale and written notice of default and of election to cause all or any part of the Trust Estate to be
sold, which notice Trustee shall cause to be filed for record; and after the lapse of such time as may
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then be required by law following the recordation of such notice of default, and notice of sale having
been given as then required by law, Trustee, without demand on Trustor, shall sell such property at
the time and place fixed by it in such notice of sale, either as a whole or in separate parcels and in
such order as Beneficiary may direct (Trustor waiving any right to direct the order of- sale), at public
auction to the highest bidder for cash in lawful money of the United States (or cash equivalents
acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee
may postpone the sale of all or any part of the Trust Estate by public announcement at such time and
place of sale, and from time to time after any such postponement may postpone such sale by public
announcement at the time fixed by the preceding postponement. Trustee shall deliver to the
purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty,
express or implied, and the recital in person, including Trustee or Beneficiary, may purchase at such
sale, and any bid by Beneficiary may be, in whole or in part, in the form of cancellation of all or any
part of the Secured Obligations. Any such sale shall be free and clear of any interest of Trustor and
any lease, encumbrance or other matter affecting the property the property so sold which is subject
to subordinate to this Trust Deed, except that any such sale shall not result in the termination of any
such lease (A) if and to the extent otherwise provided in any estoppel or other agreement executed
by the tenant and Beneficiary (or executed by the tenant in favor of, and accepted by, Beneficiary),
or (B) if the purchaser at such sale gives written notice to the tenant, within 30 days after date of
sale, that the lease will continue in effect.
(iii) Beneficiary may proceed to protect, exercise and enforce any and all other remedies
provided under any loan documents or by applicable laws.
All proceeds of collection, sale or other liquidation of the Trust Estate shall be applied first
to all costs, fees, expenses and other amounts (including interest) payable by Trustor under Section
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3.09 of this Trust Deed and to all other Secured Obligations not otherwise repaid in such order and
manner as Beneficiary may determine, and the remainder, if any, to the person or persons legally
entitled thereto.
Each of the remedies provided in this Trust Deed is cumulative and not exclusive of, and
shall not prejudice, any other remedy provided in this Trust Deed or by applicable laws or under any
other loan document. Each remedy may be exercised from time to time as often as deemed
necessary by Trustee and Beneficiary, and in such order and manner as Beneficiary may determine.
This Trust Deed is independent of any other security for the Secured Obligations, and upon the
occurrence of an event of default, Trustee or Beneficiary may proceed in the enforcement of this
Trust Deed independently of any other remedy that Trustee or Beneficiary may at any time hold
with respect to the Trust Estate or the Secured Obligations or any other security. Trustor, for itself
and for any other person claiming by or through Trustor, waives, to the fullest extent permitted by
applicable laws, all rights to require a marshaling of assets by Trustee or Beneficiary or to require
Trustee or Beneficiary to first resort to any particular portion of the Trust Estate or any other security
(whether such portion shall have been retained or conveyed by Trustor) before resorting to any other
portion, and all rights of redemption, stay and appraisal.
3.09 Costs Fees and Expenses. Trustor shall pay, on demand, all costs, fees, expenses,
advances, charges, losses and liabilities of Trustee and Beneficiary under or in connection with this
Trust Deed or the enforcement of, or the exercise of any remedy or any other action taken by Trustee
or Beneficiary under, this Trust Deed or the collection of the Secured Obligations, in each case
including (a) reconveyance and foreclosure fees of Trustee, (b) costs and expenses of Beneficiary
or Trustee or any receiver appointed under this Trust Deed in connection with the operation,
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maintenance. management, protection, preservation, collection, sale or other liquidation of the Trust
Estate or foreclosure of this Trust Deed, (c) advances made by Beneficiary to complete or partially
construct all or any part of any construction which may have commenced on the Land or otherwise
to protect the security of this Trust Deed, (d) cost of evidence of title. and (e) the reasonable fees and
disbursements of Trustee;'s and Beneficiary's legal counsel and other out-of-pocket expenses, and
the reasonable charge of Beneficiary's internal legal counsel; together ,vith interest on all such
amounts until paid.
3.10 Late Payments. By accepting payment of any part of the Secured Obligations after
its due date, Beneficiary does not waive its right either to require prompt payment when due of all
other Secured Obligations or to declare a default for failure to so pay.
3.11 Action by Trustee. At any time and from time to time upon written request of
Beneficiary and presentation of this Trust Deed for endorsement, and without affecting the personal
liability of any person for payment of the Secured Obligations or the security of this Trust Deed for
the full amount of the Secured Obligations on all property remaining subject to this Trust Deed,
Trustee may, without notice and without liability for such action, and notwithstanding the absence
of any payment on the Secured Obligations or any other consideration: (a) reconvey all or any part
of the Trust Estate, (b) consent to the making and recording, or either, of any map or plat of the land,
(c) join in granting any easement affecting the Land, or (d) join in or consent to any extension
agreement or any agreement subordinating the lien of this Trust Deed. Trustee is not obligated to
notify Trustor or Beneficiary of any pending sale under any other deed of trust or of any action or
other proceeding in which Trustor, Beneficiary or Trustee is a party unless brought by Trustee.
3.12 Reconvevance. Upon written request of Beneficiary and surrender of this Trust Deed
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and the Note to Trustee for cancellation or endorsement, and upon payment of its fees and charges,
Trustee shall reconvey, without warranty, all or any part of the property then subject to this Trust
Deed. Any reconveyance, whether full or partial, may be made in terms to the person or persons
le,-,al1v entitled thereto.. and the recitals in such reconveyance of any matters or facts shall be
conclusive proof of the truthfulness thereof. Beneficiary shall not be required to cause any property
to be released from this Trust Deed until final payment and performance in full of all secured
obligations and termination of all obligations of Beneficiary under or in connection with the Note.
3.13 Partial Reconve rance. See Exhibit "B" attached hereto.
3.14 Substitution of Trustee. Beneficiary may from time to time, by instrument in writing,
substitute a successor or successors to any Trustee named in or acting under this Trust Deed, which
instrument, when executed by Beneficiary and duly acknowledged and recorded in the office of the
recorder of the county or counties where the Land is situated, shall be conclusive proof of proper
substitution of such successor Trustee or Trustees who shall, without conveyance from the
predecessor Trustee, succeed to all of its title, estate, rights, powers and duties. Such instrument
must contain the name of the original Trustor, Trustee and Beneficiary, the book and page where this
Trust Deed is recorded (or the date of recording and instrument number) and the name and address
of the Trustee.
3.15 Attorney -in -Fact. Trustor appoints Beneficiary as Trustor s attorney -in -fact, with full
authority in the place of Trustor and in the name of Trustor or Beneficiary, to take such action and
execute such documents as Beneficiary may reasonably deem necessary or advisable in connection
with the exercise of any remedies or any other action taken by Beneficiary or Trustee under this
Trust Deed.
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3.16 Successors and Assign*. This Trust Deed applies to and shall be binding on and inure
to the benefit of all parties to this Trust Deed and their respective successors and assigns.
1,17 ,acceptance. Notice of acceptance of this Trust Deed by Beneficiary or Trustee is
waived by Trustor. Trustee accepts this Trust Deed when this Trust Deed, duly executed and
acknowledged, is made a public record as provided by law.
)AS Beneficiary's Statements: For any statement regarding, file Secured Obligations,
Beneficiary may charge the maximum amount permitted by la-w at the time of the request for such
statement.
3.19 Rules of Construction. For purposes of this Trust Deed: (a) any reference to "days"
or months shall mean calendar days or months, (ii) the word "including" shall mean "including
without limitation," (iii) any reference to any loan document or other document or exhibit shall
mean such loan document or document or exhibit as it may from time to time be supplemented,
modified, amended and extended in accordance with the terms hereof or thereof, (iv) defined terms
shall be equally applicable to the singular and plural forms, and (v) all existing and future exhibits
to this Trust Deed are incorporated herein by this reference. The provisions of this Trust Deed are
declared to be severable.
3.20 Goveming Law. This Trust Deed shall be governed by, and construed and enforced
in accordance with, the laws of California.
3.21 Request for Notice. Trustor requests that a copy of any notice of default and a copy
of any notice of sale be mailed to Trustor at Trustor`s address set forth below.
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TRUSTOR:
By
Address:
DJM2036LE 13
Exhibit "A" to Trust Deed
LEGAL DESCRIPTION OF LAND (that certain land situated in the County of San Bernardino.
State of California, described as follows):
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DJM?03GLr
Exhibit "B" to Trust Deed
PARTIAL RELEASE
Supplement to Deed of Trust
This supplement is attached to and made a part of the Deed of Trust dated December _, 1996,
between Aware Development Company, Inc., a California corporation, as Trustor, the City of
Redlands. a California municipal corporation. as Beneficiary. and CHICAGO TITLE INSURANCE
COMPANY. as Trustee and describing certain property (the "Real Property") and securing a certain
security agreement (the "Security Agreement") dated December 10, 1996 from Trustor to
Beneficiary.
The Deed of Trust is hereby supplemented as follows:
1. Parcel Mus. Subdivision maps and development approvals. Beneficiary consents
to the recordation of subdivision maps, parcel maps, and other documents reasonably necessary and
customary for development of the Real Property as single family residences, and other permitted
uses; provided that (i) no notice of default has been filed of record and no condition or event has
occurred which would constitute a default upon the passage of time or the giving of notice; (ii)
recordation of the maps and compliance with any conditions imposed on them shall not reduce
materially the value of the Real Property; and (iii) recordation of the maps and compliance with any
conditions imposed on it, does not hinder or obstruct access to streets or the furnishing of utility
service to the Property. Beneficiary shall sign the plan or map when requested by Trustor if required
for an effective filing of governmental approval of the subdivision map or parcel map.
2. Pgnial Release in Connection with Subdivision Maps. Parcel maps and development
approval. Provided no notice of default has been recorded, and no condition or event has occurred
that would constitute a default upon the passage of time or the giving of notice, and provided that
Beneficiary- approves the particular plan of release and development reflected in the request for
release, which approval will not be unreasonably withheld, Beneficiary shall give Trustor partial
reconveyance, without payment to Beneficiary (whether on account of principal of the Security
Agreement or otherwise), of any portion of the Property required to be dedicated or conveyed by
way r C casennent or fee to any public authority or public utility in connection with the processing,
approval and recordation of a subdivision map, parcel map or as a condition upon the granting of a
use permit, zoning variance or other approval to which Beneficiary is required to consent under the
terms of this Supplement, or as required for above -or below -ground utility lines, including water,
sewer, gas, and electricity, reasonably required to serve improvements and legal uses of the Property.
3. Partial Release - Par_gel�_ Provided no notice of default has been recorded, and no
condition or event has occurred that would constitute a default upon the passage of time or the giving
of notice, Beneficiary shall give Trustor partial reconveyances from the lien of the Deed of Trust,
on Trustor's written request, of any portion of the Property constituting a lot or parcel shown on a
recorded subdivision or parcel map covering all or any portion of the Property. Reconveyance shall
be conditioned on payment to Beneficiary of the principal of the Security Agreement in the amount
of at least $4,204.55 for every lot or parcel to be so released or reconveyed.
4. Procedure for Trustee Action.
a. Subject to Section 4b below, Trustee shall execute any subdivision or parcel maps
within seven days after receipt from Trustor of a written request therefore, together with: (i) a
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written statement signed by Beneficiary verifying that copies of the map and such requests have been
delivered to Beneficiary and that Beneficiary has approved and consented to same; (ii) a certified
check for payment of any amount required by this Supplement for the requested action of Trustor:
and (iii) a statement from a California licensed land surveyor certifying the amount of area in that
portion of the Property for which release is requested.
b. Beneficiary's consent to the subdivision or parcel maps shall not be unreasonably
withheld or delayed.
Trustor shall pay, in addition the release price and any payments due on the Note, all
costs of effecting the release, including, without limitation, recording fees, document preparation
fees and title or escrow company fees.
d. Upon the recording of the partial reconveyance, Beneficiary's security interest, if any,
in any personal property on or in the released property shall be considered fully released without
further consideration or action by Trustee or Beneficiary.
TRUSTOR:
AWARE DEVELOPMENT COMPANY
By:
4er es W. Ware
Title: Presiden
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EXHIBIT A
LOTS 1 THROUGH 11, INCLUSIVE, OF TRACT NO. 13700, IN THE CITY OF REDLANDS, AS
PER MAP RECORDED IN BOOR 247, PAGES 12 AND 13 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
BENEFICIARY:
CITY OF REDLANDS, CALIFORNIA, a California municipal corporation
Tit e: Mayor of the City of Redlands
Attest:
';it v �erk
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 17,
1996, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Swen Larson and Lorrie Poyzer
{ X} personally known to me - or - { } proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
(SEAL) WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
X
By:
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneself/themselves
{ } Corporate Officer(s)
Title(s)
Company
{ } Partner(s)
Partnership
{ } Attorney -In -Fact
Principal(s)
{ } Trustee(s)
Trust
{x } Other
Title(s) Ma or and Cit Clerk
Entity Represented City of Redlands
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Trust
Number of Pages 20 Date of Document December 17, 1996
Signer(s) Other Than Named Above Charles W. Ware
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted under Chapter 4, Article 3, Section I181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on
December 17 1996 before me, Beatrice Sanchez, Deputy City Clerk, on behalf of
Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared
Charles W. Ware { } personally known to me - or - Jx} proved to
me on the basis of satisfactory evidence to be the person(t) whose name(si is&= subscribed to the
within instrument and acknowledged to me that helsheftgT executed the same in his&zrAhairl
authorized capacity(ius) and that by his/km:�,r signature(s) on the instrument the person(z), or
the entity upon behalf of which the person" acted, executed the instrument.
(SEAL) WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
By:
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNERS)
{ } Individual(s) signing for oneself/themselves
{xx} Corporate Officer(s)
Title(s) President
Company Aware Develo ment Company__
{ } Partner(s)
Partnership
Attorney -In -Fact
Principal(s)
Trust ee(s)
Trust
Other
Title(s)
Entity Represented
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Trust Deed
Number of Pages 20 Date of Document December
Signer(s) Other Than Named Above Swen
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa8a� Recorded in Official Records, County of
o San Bernardino, Errol J. Mackzun, Recorder
RECORDING REQUESTED BY
AFTER RECORDING MAIL TO
CITY CLERK
CITY OF REDLANDS
P. 0. BOX 3005
REDLANDS, CA 92373
0 Doc No. 19970135118
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RECON NO. 001931-R ORDER NO. 7200807
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EXAM
PARTIAL RECONVEYANCE
LOAN NO. N/A
CHICAGO TITLE COMPANY
as duly appointed Trustee under Deed of Trust dated 12/17/96 made by
AWARE DEVELOPMENT COMPANY, INCORPORATED, a California corporation
as Trustor, and Recorded
on 12/18/96 as Document no. 96-463537 Book
Page
Of Official Records in the office of the Recorder of SAN BERNARDINO
County, California, has received from Beneficiary thereunder said deed
of trust and note secured thereby for endorsement and a written request
to reconvey and in accordance with said request and the provisions of
said of trust, does hereby reconvey, without warranty, to the person or
persons legally entitled thereto, the estate now held by it thereunder in
and to that portion of the property described in said deed of trust
situated in the County of SAN BERNARDINO , California, described as:
LOT 8 OF TRACT NO. 13700, IN THE CITY OF REDLANDS, AS PER MAP
RECORDED IN BOOK 247, PAGES 12 AND 13 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
DATE: 4/17/97 CHICAGO TITLE COMPANY
Teresa M. Drake
Asst. Vice President
STATE OF CALIFORNIA ) ss
COUNTY OF RIVERSIDE )
On 4/17/97 , before me, the undersigned, a Notary Public in and for said
State, personally appeared Teresa M. Drake, Asst. Vice President,
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 capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or entities upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal
JOHN G. HORN
COMM41MI N9
Rotary PubNc — CcNfo n
LOS ANVGELES COUNN
Not ry' s Signature MY Comm. *x;*m OCT 16.1"8
Fecordirig, Raquesi�d By
CHICAGO i ITI EM CUiViPANv
RECORDING REQUESTED BY
AFTER RECORDING MAIL TO
City Clerk
City of Redlands
P. O. Box 3005
Redlands, CA 92373
Recorded in Official Records, County of
San Bernardino, Errol J. Mackzum, Recorder
Doc No. 19970182204
08:00am 05/22/97
Chicago iitla # W
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EXAM
RECON NO. 001947-R ORDER NO. 6036636 LOAN NO. N/A
PARTIAL RECONVEYANCE
CHICAGO TITLE COMPANY
as duly appointed Trustee under Deed of Trust dated 12/1.7/96 made by
AWARE DEVELOPMENT COMPANY, INCORPORATED, a California corporation
p as Trustor, and Recorded
�i on 12/18/96 as Document no. 96-463537 Book Page
Of Official Records in the office of the Recorder of SAN BERNARDINO
County, California, has received from Beneficiary thereunder said deed
of trust and note secured thereby for endorsement and a written request
to reconvey and in accordance with said request and the provisions of
said of trust, does hereby reconvey, without warranty, to the person or
persons legally entitled thereto, the estate now held by it thereunder in
and to that portion of the property described in said deed of trust
situated in the County of SAN BERNARDINO , California, described as:
LOTS 5 AND 11 OF TRACT NO. 13700, IN THE CITY OF REDLANDS, AS
PER MAP RECORDED IN BOOK 247, PAGES 12 AND 13 OF MAPS, INTO
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
DATE: 5/21/97
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CHICAGO TITLE COMPANY
Teresa M. Drake
Asst. Vice President
ss
}
On 5/21/97 , before me, the undersigned, a Notary Public in and for said
State, personally appeared Teresa M. Drake, Asst. Vice President,
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 capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or entities upon behalf of which the
person(s) acted, executed the instrument.
W ESS my hand and official seal
EILEEN YOUNG
comet. # 103W70 z
y '• Notory PU:41C — Calgomia >
' RNIEMDE CoumY
iMy Comm. bVies AUG 7,19%
A'
s
Zee
REQUEST FOR PARTIAL RECONVEYANCE `�
.5-��-��
A Partial Reconveyance will be made only upon presentation to CHICAGO TITLE COMPANY of the original notes for endorsement and the Deed
of Trust securing same, and upon presentation of this Request properly signed, together with the Partial Reconveyance fee.
CHICAGO TITLE COMPANY, Trustee, Register No.
The undersigned is the legal owner and holder of the Security Agreement/ _ promissory
note(s) for the total sum of $ 4 6 , 2 5 0 • 0 0 and of all other indebtedness secured by Deed of Trust
dated 12/18/96 made by City of Redlands
Trustor,
to CHICAGO TITLE COMPANY, Trustee, and recorded Document No. 19960463537
in Book/Reel , Page/image , of Official Records in the office of the recorder of
San Bernardino County, California.
You are hereby requested, in accordance with the terms of said Deed of Trust, to reconvey, without warranty, to
"the person or persons legally entitled thereto, the estate now held by you thereunder in and to that portion of the
property described in said Deed of Trust, situated in the City of Redlands County of
San Bernardino California, described as:
Lots 5 and 11 of Tract No. 13700, in the City of Redlands, as per
map recorded in Book 247, Pages 12 and 13 of maps, into office of
the County Recorder of said County.
The making of such partial reconveyance shall be endorsed by you upon said note(s) and Deed of Trust which are
herewith presented to you for that purpose.
Dated May 12 1997
Corporation or Partnership Request Individual(s) Request
City of Redlands
EST•
y arso gdeo(sr)to
8
oyzey er
Return ed of Trust a Cit Clerk, Cityof Redlands
Address 35 Cajon Street, Suite 4, Redlands, CA 92373
Mail Reconveyance to City Cler City of Redlands
Address P.O. Box 3005, Redlands, CA 92373
T 390 CTC LEGAL (4.94)
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa8� Recorded in official Records, County of
San Bernardino, Errol J. Mackzum, Recorder
RECORDING REQUESTED BY
�y
CHICAGO TiTLE
AFTER RECORDING MAIL TO
City Clerk
City of Redlands
P. O. Box 3005
Redlands, CA 92373
0 Doc No. 19970176161
0
0 08:00am 05/19/97
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RECON NO. 001947-R ORDER NO. 6036636
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CHRG
EXAM
PARTIAL RECON`TEYANCE
LOAN NO. N/A
CHICAGO TITLE COMPANY
as duly appointed Trustee under Deed of Trust dated 12/17/96 made by
AWARE DEVELOPMENT COMPANY, INCORPORATED, a California corporation
as Trustor, and Recorded
on 12/18/96 as Document no. 96-463537 Book
Page
Of Official Records in the office of the Recorder of SAN BERNARDINO
County, California, has received from Beneficiary thereunder said deed
of trust and note secured thereby for endorsement and a written request
to reconvey and in accordance with said request and the provisions of
said of trust, does hereby reconvey, without warranty, to the person or
persons legally entitled thereto, the estate now held by it thereunder in
and to that portion of the property described in said deed of trust
situated in the County of SAN BERNARDINO , California, described as:
LOTS 5 AND 11 OF TRACT NO. 13700, IN THE CITY OF REDLANDS, AS
PER MAP RECORDED IN BOOK 247, PAGES 12 AND 13 OF MAPS, INTO
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
DATE: 5/15/97 CHICAGO TITLE COMPANY
Xy'
Teresa M. Drake
Asst. Vice President
STATE OF CALIFORNIA } ss
COUNTY OF RIVERSIDE }
On 5/15/97 , before me, the undersigned, a Notary Public in and for said
State, personally appeared Teresa_ M. Drake, Asst. Vice President,
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 capacity(ies), and that by his/her/their signature(s)
on the instrument the person s), or entities upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal JOHN G. HORN
Q
COMM. #10318"
Notary Puble — Cadlf mla
LOS ANGELES COUNN
PMVC0rnM-9X;*W0CT16,1990
REQUEST FOR PARTIAL" RECONVEYANCE
A Partial Reconveyance will be made only upon presentation to CHICAGO TITLE COMPANY of the original notes for endorsement and the Deed
of Trust securing same, and upon presentation of this Request properly signed, together with the Partial Reconveyance fee.
CHICAGO TITLE COMPANY, Trustee, Register No.
The undersigned is the legal owner and holder of the promissory
note(s) for the total sum of $ and of all other indebtedness secured by Deed of Trust
dated ne c emlae—,I.7 , 1 A 9 6 made by Awa-rc, Development Company
Trustor,
to CHICAGO TITLE COMPANY, Trustee, and recorded
in Book/Reel 19 A 6j2.4 6 3 5 2,Tagellmage , of Official Records in the office of the recorder of
Sang rppr_in�— County, California.
You are hereby requested, in accordance with the terms of said Deed of Trust, to reconvey, without warranty, to
"the person or persons legally entitled thereto," the estate now held by you thereunder in and to that portion of the
property described in said Deed of Trust, situated in the Cit of RedlandsCounty of
San Bernardino , California, described as -.-
Lot 6 of Tract No. 13700, in the City of Redlands, as per map
recorded in Book 247, Pages 12 and 13 of maps, into office of
the County Recorder of said County.
The making of such partial reconveyance shall be endorsed by you upon said note(s) and Deed of Trust which are
herewith presented to you for that purpose.
Corporation or partnership Request Individual(s) Request
CITY REDLANDS CALIFORNIA
w n �rs�,ayor
r ATTEST -
By
L rie -Po/Ile , City Clerk
Return Deed of Tru and note(s) to
Address
Mail Reconveyance to
Address
T 390 CTC LEGAL (4-94)
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa8 Recorded in Official Records, County of
a San Bernardino, Errol J. Mackzum, Recorder
RECORDING REQUESTED BY
Aecord;nq Requested By
CHICAGO TITLE Co iMp NY
AFTER RECORDING MAIL TO
CITY CLERK
CITY OF REDLANDS
P. 0. BOX 3005
REDLANDS, CA 92373
Doc No. 19970352141
0 08.00am 09/25/97
a
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RECON NO. 002029-R ORDER NO. 6036636
PARTIAL RECONVEYANCE
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EXAM
LOAN NO. N/A
CHICAGO TITLE COMPANY
as duly appointed Trustee under Deed of Trust dated 12/17/96 made by
AWARE DEVELOPMENT COMPANY, INCORPORATED, A CALIFORNIA CORPORATION
as Trustor, and Recorded
on 12/18/96 as Document no. 96-463537 Book
Page
Of Official Records in the office of the Recorder of SAN BERNARDINO
County, California, has received from Beneficiary thereunder said deed
of trust and note secured thereby for endorsement and a written request
to reconvey and in accordance with said request and the provisions of
said of trust, does hereby reconvey, without warranty, to the person or
persons legally entitled thereto, the estate now held by it thereunder in
and to that portion of the property described in said deed of trust
situated in the County of SAN BERNARDINO , California, described as:
LOTS 9 AND 10 OF TRACT NO. 13700, IN THE CITY OF REDLANDS, AS
PER MAP RECORDED IN BOOK 247, PAGES 12 AND 13 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
DATE: 9/23/97 CHICAGO TITLE COMPANY
Teresa M. Drake
Asst. Vice President
STATE OF CALIFORNIA ) ss
COUNTY OF RIVERSIDE )
On 9/23/97 , before me, the undersigned, a Notary Public in and for said
State, personally appeared Teresa M. Drake, Asst. Vice President,
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 capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or entities upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal JOHNG,HORN
COMM. i1031899
W" Pubic —CaRfm is
� �EM C 1OUNTY s
Notar 's Signature ey Comm,�IrmOCT16.1998
REQUEST FOR PARTIAL RECONVEYANCI q_11__g 7
A Partial Reconveyance will be made only upon presentation to CHICAGO TITLE COMPANY of the original notes for endorsement and the Deed
of Trust securing same, and upon presentation of this Request properly signed, together with the Partial Reconveyance fee.
CHICAGO TITLE COMPANY, Trustee, Register No.
The undersigned is the legal owner and holder of the promissory
note(s) for the total sum of $ NOT SHOWN and of all other indebtedness secured by Deed of Trust
dated DEMBER 17, 1996 made by AWARE. DEVELOPMENT COMPANY _
Trustor,
to CHICAGO TITLE COMPANY, Trustee, and recorded DECEMB R T R 1996 ,
in Book/Reel 1996046'1537 Page/Image , of Official Records in the office of the recorder of
County, California.
You are hereby requested, in accordance with the terms of said Deed of Trust, to reconvey, without warranty, to
"the person or persons legally entitled thereto," the estate now held by you thereunder in and to that portion of the
property described in said Deed of Trust, situated in the CT.JY OF REDLANDS County of
AN RERNARDTNO _, California, described as:
LOTS 9 AND 10 OF TRACT NO. 13700, IN THE CITY OF REDLANDS, AS PER MAP RECORDED
IN BOOK 247, PAGES 12 AND 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY
The making of such partial reconveyance shall be endorsed by you upon said note(s) and Deed of Trust which are
herewith presented to you for that purpose.
Dated SEPTEMBER $ 1997
Corporatio, Partnership Request Individual(s) Request
CITY OF REDLANDS
SWell hCason,
Mayul
By
AT
ByLorr e Poyz ity Clerk
Retur eed of Trust an note(s) to
Address P. 0. Box 3005, Redlands CA 92373
Mail Reconveyance to
Address
T 390 CTC LEGAL (4-94)
CHICAGO TITLE COMPANY
560 E. HOSPITALITY LANE, SAN BERNARDINO, CALIFORNIA, 92408 (909)884-0448
Date: SEPTEMBER 8, 1997
ATTN: TINA
CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CALIFORNIA 92373
Your Ref: 1/27756
Order No. 007203424 K10
PER OUR CONVERSATION ENCLOSED PLEASE FIND THE PREPARED REQUEST FOR PARTIAL
RECDNVEYANCE FOR AWARE DEVELOPMENT, PLEASE SIGN AND RETURN TO ME ALONG WITH THE
ORIGINAL NOTE AND DEED OF TRUST SO WE MAY ISSUE THE PARTIAL RECDNVEYANCE.
We appreci�tc this opportunity to serve you.
Title Officer YNN STONE
J
TITRAN1 -- 10/28/95AA
REQUEST FOR PARTIAL RECONVEYANCE
A Partial Reconveyance will be made only upon presentation to CHICAGO TITLE COMPANY of the original notes for endorsement and the Deed
of Trust securing same. and upon presentation of this Request properly signed, together with the Partial Reconveyance fee.
CHICAGO TITLE COMPANY, Trustee, Register No.
The undersigned is the legal owner and holder of the Security Agreement/ promissory
note(s) for the total sum of $ 46 ► 250. 00 and of all othgr indebtedness secured by Deed of Trust
dated 12/18/96 , made by City of Redlands
Trustor,
to CHICAGO TITLE COMPANY, Trustee, and recorded DoZ�u-ment No.
in Book/Reel Pageflmage of Official Records in the office of the recorder of
San Bernardino County, California.
You are hereby requested, in accordance with the terms of said Deed of Trust, to reconvey, without warranty, to
"the person or persons legally entitled thereto," the estate now held by you thereunder in and to that portion of the
property described in said Deed of Trust, situated in the City of Redlands County of
San Bernardino , California, described as:
Lot 8 of Tract No. 13700, in the City of Redlands, as per map
recorded in Book 247, Pages 12 and 13 of maps, into office of
the County'Recorder of said County.
The making of such partial reconveyance shall be endorsed by you upon said note(s) and Deed of Trust which are
herewith presented to you for that purpose.
Dated February 13 1997
Corporation or Partnership Request Individual(s) Request
City of Redlands
*Rleturneed
so ay r
TTEoy y er
ust an ote(s) to City Clerk City of Redlands
Address 35 Cajon Street, Suite 4, Redlands,. CA 92373
Mail Reconveyance to City Clerk, City of Redlands
Address P.O. Box 3005, Redlands, CA 92373
T 390 CTC LEGAL (4-94)
REQUEST FOR FULL RECONVEYANCE
To Chicago Title Company,
Trustee.
The undersigned is the legal owner and holder of the Note or Notes for the total original sum of
$ and of all other indebtedness secured by Deed of Trust dated .De-cernber 17.c.. 19 9 6
made by-----�lware...Devel opment. Company -,....Inc ... •--•................. Trustor,
---------------------------------- -----
to Chicago Title Company, Trustee, and recorded on December 18, 1996
19960463537 ......
as Instrument No.................in Book --- 2 4----------------- , Page---s) 12 , 13 of Official Records, in the office
of the County Recorder of .----SAn-..Bernardino California.
Said Note or Notes, together with all other indebtedness secured by said Deed of Trust, have been
fully paid and satisfied; and you are hereby requested and directed, upon payment to you of any sums owing
to you under the terms of said Deed of Trust, to cancel said Note or Notes above mentioned, and all other
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 . rune -1.. �...1998 ....... 1--
----.....
William E. Cunningham
Mayor City of ands
ATTEST:
Lcr e Poy ity Clerk
Mail Reconveyanceto---------------------------------------------------------------- .'..y... (:>f Red3anc�e; Ea1i1=tarn a......
C**CAGo m%Z r-orw s-,v
CHICAGO TITLE COMPANY
3880 Lemon Street
Riverside, CA 92501
(909) 686-4180 /(800) 442-4970
Facsimile (909) 782-2722
June 16, 1998
TINA KUNDIG
City of Redlands
P. O. Box 305
Redlands, CA 92373
Re: Full Reconveyance
Dear Ms. Kundig:
Enclosed please find a Request for Full Reconveyance pursuant to our phone conversation
yesterday.
If you have any questions, please contact the undersigned.
Sincerely,
Teresa Drake,
Foreclosure Manager
Asst. Vice President
,fir
Ukil[ iO TITLE COMPANY
560 E. HOSPITALITY LANE, SAN BERNARDINO, CALIFORNIA, 92408 (909}884-0448
Date: SEPTEMBER 8, 1997
AS N: TI 10
CIT RE4."'m
P.p B 3005
�DLANDS, IFORNIA 92373
Your Ref: 1/27756 COrderNo. 007203424 K10
PER OUR CONVERSATION ENCLOSED PLEASE FIND THE PREPARED REQUEST-'FOR--PA-RTI
RECONVEYANCE FOR AWARE DEVELOPMENT, PLEASE SIGN AND RETURN TO ME ALONG WITH THE
ORIGINAL NOTE AND DEED OF TRUST SO WE MAY ISSUE THE PARTIAL RECONVEYANCE.
-To
We appreciate this opportunity to serve you. `
AN f
Title Officer YNN STONE
f
TITRAN 1 -- 10/28/95 ALA �
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
C,k I j- Ti+/-
AND WHEN RECORDED, RETURN TO
City Clerk's Office
City of Redlands
Post Office Box 3005
Redlands, CA 92373
Official Records, County o
Recorded in Errol J. Mackzum,
Recorder
San Bernardino
�, 19960463�36
poC N`. 12/iS/96
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EXAM
SECURITY AGREEMENT
Title of Document
Documents/Recorder's 1197
SECURITY AGREEMENT
This agreement is made and entered into this 171h day of December, 1996 by and between the
City of Redlands, a municipal corporation ("City"), and Aware Development Company,
Incorporated ("Applicant").
RECITALS
Whereas, Applicant desires to obtain building permits for lots nos. 1 through 5, inclusive, for
tract no. 13700, located on Magnolia Avenue between Bellevue and Lakeside Avenues in Redlands,
California; and
Whereas, as a condition of issuance of building permits for lot nos. 1 through 5, Applicant is
required to pay to City the sum of $60,230 as capital improvement fees associated with the
development of said lots; and
Whereas, for the purposes of stimulating economic growth within the City and providing
housing for City's citizens, it is in Applicant's and City's best interests to process Applicant's
request for building permits in as timely a manner as practical; and
Whereas, Applicant has requested and City has agreed to defer and amortize $46,250 of the
capital improvement fees associated with Applicant's development of lot nos. 1 through 5 of tract
no. 13700 in accordance with the terms and conditions of this Agreement;
Now, therefore, in consideration of the mutual covenants contained herein, and for such other
good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands
and Aware Construction Company, Incorporated agree as follows:
AGREEMENT
1. Deferral and Amortization of Fees. City shall defer and amortize Applicant's payment of
the capital improvement fees as more particularly identified in Exhibit "A" which is attached hereto
and incorporated herein by this reference, for lot nos. 1 through 5 of tract no. 13700 in the sum of
forty-six thousand, two -hundred fifty dollars ($46,250) at an interest rate of nine and one -quarter
percent (9.25%) per annum during the period of time from the date of this Agreement until
December 15, 1998.
2. Schedule of Payments. Applicant shall make twenty-four (24) monthly payments to City in
the amounts of $2,118.23 commencing January 15, 1997 and ending December 15, 1998. Applicant
shall pay the required monthly payment of principal and interest within ten (10) calendar days of the
applicable due dates to avoid incurring penalties.
1
3. Penalties. Applicant's failure to make payment within ten (10) days of the due dates
specified herein shall subject Applicant to an immediate late fee penalty of twenty-five percent
(25%) of the current amount owed with an additional penalty of five percent (5%) of the current
amount owed for each day payment is not received beyond the eleventh day. Failure to make
payment within thirty (30) days of the current month due date shall subject Applicant to all
penalties, and the remaining principal and accrued interest shall immediately become due and
payable.
4. Attorney's Fees. In the event any action is commenced to enforce or interpret the terms or
conditions of this Agreement, the prevailing party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorney's fees.
5. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
6. Entire Agreement. This Agreement represents the entire agreement of the parties hereto as
to the matters contained herein. This Agreement may be amended only by written agreement
executed by the parties hereto.
7. Security. City shall have the right to record against the property of Applicant and
specifically lot nos. 1 through 11 of tract no. 13700, parcel numbers 0172-471-24 through and
including 0172-471-34, in the official records of the County of San Bernardino, this Agreement and
any other documents including but not limited to notes and trust deeds, which serve as security for
Applicant's performance of its obligations evidenced by this Agreement. City shall provide to
Applicant partial or full reconveyance of the dced of trust, commensurate to the amount of principal
repaid by Applicant toward this Agreement.
CITY OF REDLANDS AWARE DEVELOPMENT CO., INC.
wen Larson, ayor
ATTEST:
Lo Payzer, y erk
By:
Q5:a:r es W. Ware
Title: President
2
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on December 17,
1996, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Swen Larson and Lorrie Poyzer
{ X) personally known to me - or - ( I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
(SEAL) WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
By:
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
{ } Individual(s) signing for oneself/themselves
{ } Corporate Officer(s)
Title(s)
Company
{ } Partner(s)
Partnership
{ } Attorney -In -Fact
PrincipaI(s)
{ } Trustee(s)
Trust
{x } Other
Title(s) Mayor and City Clerk
Entity Represented Citv of R
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Security Agreement
Number of Pages six Date of Document December 17, 1996
Signer(s) Other Than Named Above Charles W. Ware
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted under Chapter 4, Article 3, Section 1191, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on
December 1.7 , 1996before me, Beatrice Sanchez, Deputy City Clerk, on behalf of
Lorne Poyzer, City Clerk of the City of Redlands, California, personally appeared
Charles W. ware ( I personally known to me - or - &I proved to
me on the basis of satisfactory evidence to be the persons) whose name4) is/= subscribed to the
within instrument and acknowledged to me that helsiw�dwy executed the same in his/hsm'ftg
authorized capacity0es) and that by hiskhx;fthek signature) on the instrument the person(-i), or
the entity upon behalf of which the person( acted, executed the instrument.
(SEAL) WITNESS my hand and official seal.
LORRIE POYZER, CITY CLERK
By: '
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
----------------------------
CAPACITY CLAIMED BY SIGNER(S)
£ Individual(s) signing for oneself/themselves
{xx) Corporate Officer(s)
Title(s) President
Company Aware Development Company
Partner(s)
Partnership
{ Attorney -In -Fact
Principal(s)
€ } Trustee(s)
Trust
{ } Other
Title(s)
Entity Represented
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: SecuritV Agreement
Number of Pages six Date of Document December 17, 1996
Signer(s) Other Than Named Above Swen Larson and Lorrie Poyzer
EA ,��, � 12/03/1996 Page 1
AWARE DEVELOPMENT COMPANY, INC.
Compound Period ........: Monthly
Nominal Annual Rate ....: 9.250 %
Effective Annual Rate ...: 9.652 %
Periodic Rate ..................: 0.7708 %
Daily Rate ........................: 0.02534 %
CASH FLOW DATA
Event Start Date Amount Number Period End Date
1 Loan 12/15/1996 46,250.00 1
2 Payment 01/15/1997 2,118.23 24 Monthly 12/15/1998
AMORTIZATION SCHEDULE - Normal Amortization
Date Payment Interest Principal Balance
Loan
12/15/1996
46,250.00
1996
Totals
0.00
0.00
0.00
1
01 /15/1997
2,118.23
356.51
1,761.72
44,488.28
2
02/15/1997
2,118.23
342.93
1,775.30
42,712.98
3
03/15/1997
2,118.23
329.25
1,788.98
40,924.00
4
04/15/1997
2,118.23
315.46
1,802.77
39,121.23
5
05/15/1997
2,118.23
301.56
1,816.67
37,304.56
6
06/15/1997
2,118.23
287.56
1,830.67
35,473.89
7
07/15/1997
2,118.23
273.44
1,844.79
33,629.10
8
08/15/1997
2,118.23
259.22
1,859.01
31,770.09
9
09/15/1997
2,118.23
244.89
1,873.34
29,896.75
10
10/15/1997
2,118.23
230.45
1,887.78
28,008.97
11
11/15/1997
2,118.23
215.90
1,902.33
26,106.64
12
12115/1997
2,118.23
201.24
1,916.99
24,189.65
1997
Totals
25,418.76
3,358.41
22,060.35
13
01 /15/1998
2,118.23
186.46
1,931.77
22,257.88
14
02/15/1998
2,118.23
171.57
1,946.66
20,311.22
15
03/15/1998
2,118.23
156.57
1,961,66
18,349.56
16
04/15/1998
2,118.23
141.44
1,976.79
16,372.77
17
05115/1998
2,118.23
126.21
1,992.02
14,380.75
18
06/15/1998
2,118.23
110.85
2,007.38
12,373.37
19
07/15/1998
2,118.23
95.38
2,022,85
10,350.52
20
08/1511998
2,118.23
79.79
2,038.44
8,312.08
21
09/15/1998
2,118.23
64.07
2,054.16
6,257.92
22
10/15/1998
2,118.23
48.24
2,069.99
4,187.93
23
11 /15/1998
2,118.23
32.28
2,085.95
2,101.98
24
12/15/1998
2,118.23
16.25
2,101,98
0.00
1998
Totals
25,418.76
1,229.11
24,189.65
Grand Totals
50,837.52
4,587.52
46,250.00
12/17/1996 14:41 9092739939 CAL. WE51 r_rAur_ of
CALIFORNIA WEST CONSTRUCTION
150o w, sixth St. # A
GoronO. CA 91720
Cal. Lic. $693690-
Telephone 1909) 273-73DO
Fox (9fl9) 273-9939
17 December, 1996
Via Facsmilie 909/798-7602
Mr. Steve Chapman
CITY OF REDLANDS
35 Cajon Street, Suite
Redlands, California 92373
Dear Steve:
As per your request the following is a description of Califomia West Construction's
relationship and tie-in with aware Development Co., Inc:
There is an LLC formed called The CW Group, LLC, with which Californi West
Construction and Aware Development Co., Inc. are equai-share partners. It is agreed
in the LLC agreement that the projects in Redlands on Magnolia Avenue are to be a
split ownersNplspllt profit endeavor. On paper, for financial purposes, the project is
shown as being owned by Aware Development Co., Inc. a California Corporation.
I hope this helps clarify the situation. if you should have any further questions, please
do not hesitate to contact me.
Sincerely,
CALIFORNIA WEST CONSTRUCTION
Matt Meiners
MM:Ikc
nce-_1 r7_1 aaC 1 Z- 70 ggqP?79919 96% P.01
Revised 915/96
State Aviation Grant - Assistant Public Works Director Laaninen reported the
Airport Advisory Board, at it meeting on Augut 7, 1996, voted unanimously
to recommend to the City Council that they authorize the Caltrans Aeronautics
Program grant application for the slag shoulder project at the Redlands
Municipal Airport and that they authorize the financing of the local match
amount ($2,889.00) from the Special Contractual Services line item in the
approved 1996-97 budget. Expressing financial concerns this early in the
fiscal year, Councilmember Cunningham moved to continue this matter to
September 17, 1996, and directed staff to see if we accept the grant, do we
have to use it. Motion seconded by Councilmember Gil and carried
unanimously.
California West Construction Financing Agreement - Finance Director
Chapman explained that California West Construction wants to begin
construction of 11 single family homes on Magnolia Avenue between
Lakeside and Bellevue Avenues (Tract 13700). Of the $133,356.00 in total
impact fees owed to the City of Redlands, the builder has requested that the
City finance $47,000.00. Representing California West Construction,
Mr. Matt Meiners has agreed to a two-year amortization at an interest rate of
°r "prime plus one percent. " The note would be secured by a second trust deed
on the property and as each lot is sold, the City would provide for a partial
reconveyance. Councilmember Cunningham moved to approve a two-year
financing, up to a maximum of $47,000.00, over two years of impact
development fees charged to California West Construction with the caveat that
staff ensure the level of equity so we feel secure in the second trust deed, and
authorized the Mayor to execute the agreement on behalf of the City. Motion
seconded by Councilmember Larson and carried unanimously.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
7:55 P.M. The next regular meeting will be held on September 17, 1996.
City Clerk
September 3, 1996
Page 10
UNCHICAGO TITLE
560 E. HOSPITALITY LANE
SAN BERNARDINO, CALIFORNIA 92408
(909)884-0448
CITY CLERK, CITY OF REDLANDS
P. O. BOX 3005
REDLANDS, CALIFORNIA 92373 DATE: January 17, 1997
ATTN: LOAN CLOSING
REF NO.:
POLICY: 6036636 -K02
In accordance with instructions in the above order number, we enclose herewith our Policy of Title
Insurance as requested.
Any documents recorded in connection with this transaction will be forwarded to you direct from the
County Recorder's office.
It has been our pleasure to have handled this transaction for you. If, at anytime in the future we
may assist you, we shall be pleased to have you request CHICAGO SERVICE..
We appreciate your business.
Sincerely,
CHICAGO TITLE
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY 1990
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment
is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured
mortgage in the named insured assignee free and clear of all Iiens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory.
Issued by:
CHICAGO TITLE COMPANY
560 E. Hospitality Lane
San Bernardino, CA 92408
(909) 884 - 0448
CHICAGO TITLE INSURANCE COMPANY
By:
I0
President
Secretary
EXCLUSIONS FROM COVERAGE
itters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees
ch arise by reason of:
irdinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restrict-
ating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
ent now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any
which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
�ntal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
elation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
,nmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
cumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
lent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser forvalue without knowledge.
encumbrances, adverse claims or other matters:
�r not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
i to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
n no loss or damage to the insured claimant;
or created subsequent to Date of Policy; or
In loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the
interest insured by this policy.
lity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or fail ire of
mt owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
nenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
I is based upon usury or any consumer credit protection or truth in lending law.
rich arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the
insured lender, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws.
CONDITIONS AND STIPULATIONS
= TERMS
-ms when used in this policy mean:
e insured named in Schedule A, and, subject to any rights
mpany would have had against the named insured, those
e interest of the named insured by operation of law as
purchase including, but not limited to, heirs, distributees,
personal representatives, next of kin, or corporate or
rs. The term "insured" also includes
the indebtedness secured by the insured mortgage and
ownership of the indebtedness except a successor who is
he provisions of Section 12(c) of these Conditions and
,ing, however, all rights and defenses as to any successor
Nould have had against any predecessor insured, unless
uired the indebtedness as a purchaser for value without
sserted defect, lien, encumbrance, adverse claim or other
nst by this policy as affecting title to the estate or interest in
rental agency or governmental instrumentality which is an
cr under an insurance contract or guaranty insuring or
debtedness secured by the insured mortgage, or any part
imed as an insured herein or not;
fesignated in Section 2(a) of these Conditions and Stipula-
mant": an insured claiming loss or damage.
ler": the owner of an insured mortgage.
tgage": a mortgage shown in Schedule B, the owner of
an insured in Schedule A.
or "known": actual knowledge, not constructive knowl-
ch may be imputed to an insured by reason of the public
in this policy or any other records which impart construc-
rs affecting the land.
nd described or referred to in Schedule A, and improve-
rto which by law constitute real property. The term "land"
any property beyond the lines of the area described or
dule A, nor any right, title, interest, estate or easement in
ads, avenues, alleys, lanes, ways or waterways, but noth-
9ify or limit the extent to which a right of access to and from
by this policy.
mortgage, deed of trust, trust deed, or other security
ds": records established under state statutes at Date of
)se of imparting constructive notice of matters relating to
chasers for value and without knowledge.
lity of the title": an alleged or apparent matter affecting the
mortgage to be released from the obligation to purchase by virtue of a contrac-
tual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
(a) After Acquisition of Title by Insured Lender. If this policy insures the
owner of the indebtedness secured by the insured mortgage, the coverage of
this policy shall continue in force as of Date of Policy in favor of (i) such insured
who acquires all or any part of the estate or interest in the land by foreclosure,
trustee's sale, conveyance in lieu of foreclosure, or other legal manner which
discharges the lien of the insured mortgage; (ii) a transferee of the estate or
interest so acquired from an insured corporation, provided the transferee is
the parent or wholly -owned subsidiary of the insured corporation, and their
corporate successors by operation of law and not by purchase, subject to any
rights or defenses the Company may have against any predecessor insureds;
and (iii) any governmental agency or governmental instrumentality which
acquires all or any part of the estate or interest pursuant to a contract of
insurance or guaranty insuring or guaranteeing the indebtedness secured by
the insured mortgage.
(b) After Conveyance of Title by an Insured. The coverage of this policy
shall continue in force as of Date of Policy in favor of an insured only so long as
the insured retains an estate or interest in the land, or holds an indebtedness
secured by a purchase money mortgage given by a purchaser from the
insured, or only so long as the insured shall have liability by reason of cove-
nants of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of any pur-
chaser from an insured of either (i) an estate or interest in the land, or (H) an
indebtedness secured by a purchase money mortgage given to an insured.
(c) Amount of Insurance. The amount of insurance after the acquisition or
after the conveyance by an insured lender shall in neither event exceed the
least of:
(i) the amount of insurance stated in Schedule A;
(4) the amount of the principal of the indebtedness secured by the insured
mortgage as of Date of Policy, interest thereon, expenses of foreclosure,
amounts advanced pursuant to the insured mortgage to assure compliance
with laws or to protect the lien of the insured mortgage prior to the time of
acquisition of the estate or interest in the land and secured thereby and
reasonable amounts expended to prevent deterioration of improvements, but
reduced by the amount of all payments made; or
(iii) the amount paid by any governmental agency or governmental instru-
mentality, if the agency or instrumentality is the insured claimant, in the acqui-
sition of the estate or interest in satisfaction of its insurance contract or guar-
anty.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
An. insured shall notify the Company promptly in writing (i) in case of any
litigation'as set forth in Section 4(a) below, (H) in case knowledge shall come to
which might cause loss or damage for which the Company may be liable by
virtue of this policy, or (iii) if title to the estate or interest or the lien of the
insured mortgage, as insured, is rejected as unmarketable. If prompt notice
shall not be given to the Company, then as to that insured all liability of the
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by an insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide for the defense of such
insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of such insured to object for reasonable cause) to represent the insured
as to those stated causes of action and shall not be liable for and will not pay
the fees of any other counsel. The Company will not pay any fees, costs or
expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest or
the lien of the insured mortgage, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take any appropriate action under
the terms of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion, to appeal from
any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, an insured shall
secure to the Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and permit the Company to use,
at its option, the name of such insured for this purpose. Whenever requested
by the Company, an insured, at the Company's expense, shall give the Com-
pany all reasonable aid (i) in any action or proceeding, securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act which in the opinion of the
Company may be necessary or desirable to establish the title to the estate or
interest or the lien of the insured mortgage, as insured. If the Company is
prejudiced by the failure of an insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, includ-
ing any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Condi-
tions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the defect in, or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the amount of the loss or
damage. If the Company is prejudiced by the failure of an insured claimant to
provide the required proof of loss or damage, the Company's obligations to
such insured underthe policy shall terminate, including any liability orobliga-
tion to defend, prosecute, or continue any litigation, with regard to the matter
or matters requiring such proof of loss or damage.
In addition, an insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reason-
able times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further, if requested by any author-
ized representative of the Company, the insured claimant shall grant its per-
mission, in writing, for any authorized representative of the Company to exam-
ine, inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by an
insured claimant provided to the Company pursuant to this Section shall not
be disclosed to others unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim. Failure of an insured claimant
to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information
from third parties as required in this paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company under
this policy as to that insured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to
Purchase the Indebtedness.
(i) to pay or tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to pay; or
(ii) in case loss or damage is claimed under this policy by the owner of the
indebtedness secured by the insured mortgage, to purchase the indebted-
ness secured by the insured mortgage for the amount owing thereon together
with any costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of purchase and which
the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided, the
owner of the indebtedness shall transfer, assign, and convey the indebted-
ness and the insured mortgage, together with any collateral security, to the
Company upon payment therefor.
Upon the exercise by the Company of the option provided for in paragraph
a(i), all liability and obligations to the insured under this policy, other than to
make the payment required in that paragraph, shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided for in paragraph
a(ii) the Company's obligation to an insured lender under this policy for the
claimed loss or damage, other than the payment required to be made, shall
terminate, including any liability or obligation to defend, prosecute orcontinue
any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insuredagainst underthis policy, togetherwith any
costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or b(ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prose-
cute or continue any litigation.
7. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of the Company under this policy to an insured lender shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, if applicable, the
amount of insurance as defined in Section 2 (c) of these Conditions and
Stipulations;
(ii) the amount of the unpaid principal indebtedness secured by the
insured mortgage as limited or provided under Section 8 of these Conditions
and Stipulations or as reduced under Section 9 of these Conditions and
Stipulations, at the time the loss or damage insured against by this policy
occurs, together with interest thereon; or
(III) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the insured lender has acquired the estate or interest in the
manner described in Section 2(a) of these Conditions and Stipulations or has
conveyed the title, then the liability of the Company shall continue as set forth
in Section 7(a) of these Conditions and Stipulations.
(c) The liability of the Company under this policy to an insured owner of the
estate or interest in the land described in Schedule A shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(d) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, or otherwise establishes the lien of
the insured mortgage, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or dam-
age until there has been a final determination by a court of competent jurisdic-
tion, and disposition of all appeals therefrom, adverse to the title or, if applica-
ble, to the lien of the insured mortgage, as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling anyclaim or suitwithout
the prior written consent of the Company-
(d) The Company shall not be liable to an insured lender for: (i) any indebt-
edness created subsequent to Date of Policy except for advances made to
protect the lien of the insured mortgage and secured thereby and reasonable
amounts expended to prevent deterioration of improvements, or (ii) construc-
tion loan advances made subsequent to Date of Policy, except construction
loan advances made subsequent to Date of Policy for the purpose of financing
in whole or in part the construction of an improvement to the land which at
Date of Policy were secured by the insured mortgage and which the insured
was and continued to be obligated to advance at and after Date of Policy.
9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
(a) All payments under this policy, except payments made for costs, attor-
neys' fees and expenses, shall reduce the amount of the insurance pro tanto.
However, as to an insured lender, any payments made prior to the acquisition
of title to the estate or interest as provided in Section 2(a) of these Conditions
and Stipulations shall not reduce pro tanto the amount of the insurance
afforded under this policy as to any such insured except to the extent that the
payments reduce the amount of the indebtedness secured by the insured
mortgage.
(b) Payment in part by any person of the principal of the indebtedness, or
any other obligation secured by the insured mortgage, or any voluntary partial
satisfaction or release of the insured mortgage, to the extent of the payment,
satisfaction or release, shall reduce the amount of insurance pro tanto. The
amount of insurance may thereafter be increased by accruing interest and
advances made to protect the lien of the insured mortgage and secured
thereby, with interest thereon, provided in no event shall the amount of insur-
ance be greater than the Amount of Insurance stated in Schedule A.
(c) Payment in full by any person or the voluntary satisfaction or release of
the insured mortgage shall terminate all liability of the Company to an insured
lender except as provided in Section 2(a) of these Conditions and Stipula-
tions.
10. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which the
insured has agreed, assumed, or taken subject, or which is hereafter exe-
cuted by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
The provisions of this Section shall not apply to an insured lender, unless
such insured acquires title to said estate or interest in satisfaction of the
indebtedness secured by an insured mortgage.
11. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which
case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
12. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any act
of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or property necessary in order to perfect
this right of subrogation. The insured claimant shall permit the Company Ie
sue, compromise or settle in the name of the insured claimant and to use the
name of the insured claimant in any transaction or litigation involving these
rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated (i) as to an insured owner,
to all rights and remedies in the proportion which the Company's payment
bears to the whole amount of loss; and (ii) as to an insured lender, to all rights
and remedies of the insured claimant after the insured claimant shall have
recovered its principal, interest, and costs of collection.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required Ie pay only that partof any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation.
(b) The Insured's Rights and Limitations.
Notwithstanding the foregoing, the owner of the indebtedness secured by
an insured mortgage, provided the priority of the lien of the insured mortgage
or its enforceability is not affected, may release or substitute the personal
liability of any debtor or guarantor, or extend or otherwise modify the terms of
payment, or release a portion of the estate or interest from the lien of the
insured mortgage, or release any collateral security for the indebtedness.
When the permitted acts of the insured claimant occur and the insured has
knowledge of any claim of title or interest adverse to the title to the estate or
interest or the priority or enforceability of the lien of the insured mortgage, as
insured, the Company shall be required to pay only that part of any losses
insured against by this policy which shall exceed the amount, if any, lost to the
Company by reason of the impairment by the insured claimant of the Compa-
ny's right of subrogation.
(c) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for subroga-
tion rights by reason of this policy.
The Company's right of subrogation shall not be avoided by acquisition of
an insured mortgage by an obligor (except an obligor described in Section
1(a)(ii) of these Conditions and Stipulations) who acquires the insured mort-
gage as a result of an indemnity, guarantee, other policy of insurance, or bond
and the obligor will not be an insured under this policy, notwithstanding Sec-
tion 1(a)(i) of these Conditions and Stipulations.
13. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the Company in connec-
tion with its issuance or the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is $1,000,000 or less shall
be arbitrated at the option of either the Company or the insured. All arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be
arbitrated only when agreed to by both the Company and the insured. Arbitra-
tion pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located
permit a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached hereto bythe
Company is the entire policy and contract between the insured and the Com-
pany. In interpreting any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the lien of the insured mortgage, or of the title
to the estate or interest covered hereby, or by any action asserting such claim
shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
15. SEVERABILITY
In the event any provision of this policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
16. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at the issuing office or to:
Reorder Form No. 8223
CHICAGO TITLE INSURANCE COMPANY
Claims Department
171 North Clark Street
Chicago. IL 60601-3294
California Land Title Association
Loan Policy
Your Ref:
AWARE DEVELOPMENT CO., INC.
SCHEDULE A
Amount of Insurance: $46,250.00 Policy No. 6036636 K02
Date of Policy: DECEMBER 18, 1996 at 3. 00 PM Premium: $3, 232 . 00
1. Name of Insured:
CITY OF REDLANDS, A CALIFORNIA MUNICIPAL CORPORATION
2. The estate or interest in the land which is covered by this policy is:
A FEE
3. Title to the estate or interest in the land is vested in:
AWARE DEVELOPMENT COMPANY INC., A CALIFORNIA CORPORATION
4. The land referred to in this policy is situated in the State of California, County of SAN BERNARDINO
and is described as follows:
LOTS 1 THROUGH 11, INCLUSIVE, OF TRACT NO. 13700, IN THE CITY OF REDLANDS, AS PER
MAP RECORDED IN BOOK 247, PAGES 12 AND 13 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
This Policy valid only if Schedule B is attached.
GLILIAB8--10/13195AA CHICAGO TITLE INSURANCE COMPANY
California Land Title Company
Loan Policy
Your Ref:
AWARE DEVELOPMENT CO., INC.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Policy No. 6036636 K02
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of-
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,
whetheror not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by
an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are
shown by the public records.
PART II
1. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT:
PENALTY:
2ND INSTALLMENT:
PENALTY AND COST
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
AFFECTS: LOT 1.
$397.60 UNPAID
$N/A (DUE AFTER DECEMBER 10)
$397.60 UNPAID
$N/A (DUE AFTER APRIL 10)
$NONE
005000
0172-471-24
2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT:
PENALTY:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
$412.60 UNPAID
$N/A (DUE AFTER DECEMBER 10)
$412.60 UNPAID
$N/A (DUE AFTER APRIL 10)
$NONE
005000
CLi LIBS8--10/13195AA CHICAGO TITLE INSURANCE COMPANY
Policy No. 6036636 -K02
Page 1
SCHEDULE B ( CONT . )
Part IT
ASSESSMENT NO: 0172-471-25
AFFECTS: LOT 2.
3. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT:
PENALTY:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
AFFECTS: LOT 3.
$412.60 UNPAID
$N/A (DUE AFTER DECEMBER 10)
$412.60 UNPAID
$N/A (DUE AFTER APRIL 10)
$NONE
005000
0172-471-26
4. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY 'TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT:
PENALTY:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
AFFECTS: LOT 4.
$412.60 UNPAID
$N/A (DUE AFTER DECEMBER 10)
$412.60 UNPAID
$N/A (DUE AFTER APRIL 10)
$NONE
005000
0172-471-27
5. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT:
PENALTY:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
AFFECTS: LOT 5.
$412.60 UNPAID
$N/A (DUE AFTER DECEMBER 10)
$412.60 UNPAID
$N/A (DUE AFTER APRIL 10)
$NONE
005000
0172-471-28
6. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
CLTASSC -- 12/16/SS
Policy No. 6036636 -K02
Page 2
SCHEDULE B ( CONT . )
Part II
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT: $412.60 UNPAID
PENALTY: $N/A (DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $412.60 UNPAID
PENALTY AND COST: $N/A (DUE AFTER APRIL 10)
HOMEOWNERS
EXEMPTION: $NONE
CODE AREA: 005000
ASSESSMENT NO: 0172-471--29
AFFECTS: LOT 6.
7. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT: $412.60 UNPAID
PENALTY: $N/A '(DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $412.60 UNPAID
PENALTY AND COST: $N/A (DUE AFTER APRIL, 10)
HOMEOWNERS
EXEMPTION: $NONE
CODE AREA: 005000
ASSESSMENT NO: 0172-471-30
AFFECTS: LOT 7.
8. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENT'S
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT: $412.60 UNPAID
PENALTY: $N/A (DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $412.60 UNPAID
PENALTY AND COST: $N/A (DUE AFTER APRIL 10)
HOMEOWNERS
EXEMPTION: $NONE
CODE AREA: 005000
ASSESSMENT NO: 0172-471-31
AFFECTS: LOT S.
9. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT: $412.60 UNPAID
PENALTY: $N/A (DUE AFTER DECEMBER 10)
2ND INSTALLMENT: $412.60 UNPAID
PENALTY AND COST: $N/A (DUE AFTER APRIL 10)
CLTAUC -- 12/16/$8
Policy No. 6036636 -K02
Page 3
Part xI
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
AFFECTS: LOT 9.
SCHEDULE B (CONT.)
$NONE
005000
0172-471-32
10. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT:
PENALTY:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
AFFECTS: LOT 10.
$412.60 UNPAID
$N/A (DUE AFTER DECEMBER 10)
$412.60 UNPAID
$N/A (DUE AFTER APRIL 10)
$NONE
005000
0172-471-33
11. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1996-1997.
1ST INSTALLMENT:
PENALTY:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
AFFECTS: LOT 11.
$412.60 UNPAID
$N/A (DUE AFTER DECEMBER 10)
$412.60 UNPAID
$N/A (DUE AFTER APRIL 10)
$NONE
005000
0172-471-34
12. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY,
MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4 RESPECTIVELY (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA AS A RESULT OF THE
TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR AS A RESULT OF
CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY.
13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: REDLANDS WATER COMPANY
PURPOSE: PIPELINES
CLTASSC -- 12/16/89
Policy No. 6036636 -K02
Page 4
SCHEDULE B (CONT . )
Part Ix
RECORDED: FEBRUARY 24, 1882 IN BOOK 28, PAGE 233 OF DEEDS AND
MAY 2, 1882 IN BOOK 29, PAGE 65 OF DEEDS
AFFECTS: CANNOT BE LOCATED FROM THE RECORD
14. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: THE REDLANDS, LUGONIA AND CRAFTON DOMESTIC WATER
COMPANY
PURPOSE: PIPELINES
RECORDED: IN BOOK 79, PAGE 141 OF DEEDS
AFFECTS: SAID LAND
15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: WEST REDLANDS WATER COMPANY
PURPOSE: PUBLIC UTILITIES
RECORDED: IN BOOK 125, PAGE 273 OF DEEDS
AFFECTS: CANNOT BE LOCATED FROM THE RECORD
16. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
RESERVED IN A DOCUMENT
PURPOSE: PUBLIC UTILITIES
RECORDED: JANUARY 5, 1929 IN BOOK 448, PAGE 393 OFFICIAL RECORDS
AFFECTS: CANNOT BE LOCATED FROM THE RECORD
17. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY
PURPOSE: PUBLIC UTILITIES
RECORDED: OCTOBER 5, 1960 IN BOOK 5252, PAGE 196 OFFICIAL
RECORDS
AFFECTS: AS SHOWN ON SAID TRACT MAP
18. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: GENERAL TELEPHONE COMPANY OF CALIFORNIA
PURPOSE: PUBLIC UTILITIES
RECORDED: APRIL 14, 1970 IN BOOK 7424, PAGE 280, OFFICIAL
RECORDS
AFFECTS: THE SOUTHEASTERLY 4 FEET OF THAT PORTION OF LOT 6,
CLTASSC - 12/16/88
Policy No. 6036636 -K02
Page 5
Part II
SCHEDULE B (CONT. )
BLOCK 23, WEST REDLANDS, AS PER PLAT RECORDED IN BOOK
9 OF MAPS, PAGE 22, RECORDS OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 6;
THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTHEASTERLY LINE OF
BROOKSIDE AVENUE, A DISTANCE OF 70 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE A DISTANCE OF 155 FEET TO THE
SOUTHWESTERLY LINE OF LOT 6;
THENCE SOUTHEASTERLY AT RIGHT ANGLES ALONG THE SOUTHWESTERLY LINE OF SAID
LOT, A DISTANCE OF 221.68 FEET TO THE MOST WESTERLY CORNER OF THAT
PROPERTY, AS CONVEYED TO ROBERT T. NASH, ET UX, BY DEED RECORDED DECEMBER
10, 1930, IN BOOK 678, PAGE 169 OFFICIAL RECORDS;
THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID NASH PROPERTY, A
DISTANCE OF 155 FEET;
THENCE NORTHWESTERLY AT RIGHT ANGLES A DISTANCE OF 221.68 FEET TO THE TRUE
POINT OF BEGINNING.
19. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
GRANTED TO: GENERAL TELEPHONE COMPANY OF CALIFORNIA
PURPOSE: PUBLIC UTILITIES
RECORDED: APRIL 14, 1970 IN BOOK 7424, PAGE 283 OFFICIAL RECORDS
AFFECTS: THE SOUTHEASTERLY 4 FEET OF THAT PORTION OF LOT 6 IN
BLOCK 23 OF WEST REDLANDS, AS PER PLAT RECORDED IN
BOOK 9 OF MAPS, PAGE 22, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 6;
THENCE WEST ALONG THE NORTH LINE OF SAID LOT, 70 FEET;
THENCE AT RIGHT ANGLES SOUTH 221.68 FEET TO THE NORTHERLY LINE OF LAND
CONVEYED TO ROBERT T. NASH AND WIFE;
THENCE EAST AT RIGHT ANGLES, 70 FEET;
THENCE NORTH 221.68 FEET TO THE POINT OF BEGINNING.
20. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW.
MAP OF: TRACT NO. 13700
RECORDED: IN BOOK 247, PAGES 12 AND 13 OF MAPS
EASEMENT PURPOSE: ]DRAINAGE
AFFECTS: AS SHOWN ON SAID MAP
21, AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SET FORTH IN A DOCUMENT
CUrASSC -- 12/16/88
Policy No. 6036636 -K02
Page 6
SCHEDULE B c CONT . a
Part II
GRANTED TO: GTE CALIFORNIA INCORPORATED
PURPOSE: PUBLIC UTILITIES
RECORDED: JULY 17, 1992, AS INSTRUMENT NO. 92-297489, OFFICIAL
RECORDS
AFFECTS: THE NORTHEASTERLY 3 FEET OF LOTS 3, 5 AND LOT 9; AND
THE SOUTHWESTERLY 3 FEET OF LOTS 2, 4 AND OF LOT 8
22, A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $196,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338014,
OFFICIAL RECORDS
AFFECTS: LOT 1
23. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $204,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT 90. 96-338015,
OFFICIAL RECORDS
AFFECTS: LOT 2
24. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $220,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338016,
OFFICIAL RECORDS
AFFECTS: LOT 3
CUrn88C -- 12/16/8S
Policy No. 6036636-K02
Page 7
SCHEDULE B (CONT. 7
Part II
25. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $196,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338017,
OFFICIAL RECORDS
AFFECTS: LOT 4
26. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $204,000-00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338018,
OFFICIAL RECORDS
AFFECTS: LOT 5
27. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $220,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338019,
OFFICIAL RECORDS
AFFECTS: LOT 6
28. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $196,000.00
CLTA85C -- 12/16/U
Policy No- 6036636 -K02
Page 8
SCHEDULE B (CONT. )
Part II
➢ATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-336020,
OFFICIAL RECORDS
AFFECTS: LOT 7
29- A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $204,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338021,
OFFICIAL RECORDS
AFFECTS: LOT 8
30. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $220,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338022,
OFFICIAL RECORDS
AFFECTS: LOT 9
31. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $196,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338023,
OFFICIAL RECORDS
C€.TASSC -- 12/16/98
Policy No. 6036636 -K02
Page 9
Part II
AFFECTS:
SCHEDULE B (CONT . )
LOT 10
32. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT! $204,000.00
DATED: SEPTEMBER 11, 1996
TRUSTOR: AWARE DEVELOPMENT CO., INC., A CALIFORNIA CORPORATION
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: APOLLO MORTGAGE AND FINANCIAL SERVICES, INC.
RECORDED: SEPTEMBER 12, 1996 AS INSTRUMENT NO. 96-338024,
OFFICIAL RECORDS
AFFECTS: LOT 11
33. A DOCUMENT ENTITLED "SECURITY AGREEMENT", DATED DECEMBER 17, 1996 EXECUTED
BY CITY OF REDLANDS, A MUNICIPAL CORPORATION AND AWARE DEVELOPMENT COMPANY,
INCORPORATED, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN
CONTAINED, RECORDED DECEMBER 18, 19960463536, OFFICIAL RECORDS.
34. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT: $46,250..00
DATED: DECEMBER 17, 1996
TRUSTOR: AWARE DEVELOPMENT COMPANY, INCORPORATED
TRUSTEE: CHICAGO TITLE COMPANY, A CALIFORNIA CORPORATION
BENEFICIARY: CITY OF REDLANDS, A CALIFORNIA MUNICIPAL CORPORATION
RECORDED: DECEMBER 18, 1996 AS INSTRUMENT NO. 19960463537,
OFFICIAL RECORDS
ORIGINAL LOAN
NUMBER: NONE SHOWN
END OF SCHEDULE B
LS/DW
AUTHORIZED SIGNATORY
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This plat is for your aid in locating your land with reference to streets
and other parcels. It is not a survey. While this plat is believed to be
oorred, Chicago Title assumes no liability for any loss occuring by
r,eaaon of reliance thereon.