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HomeMy WebLinkAboutDeeds & Easements-1-78 RDA_CCv0001.pdf RECORDING REQUESTED BY 111c, ia-_developiiaiit Agency of the City of Redlands, California City Hall vine and Ca-ion Streets Redlamis CA 92373 RECCI,73D'�_D IN OFI-2iAL RECORIXI kND WHLN RECORDED MAIL TO AT F E Bt, y 7,D V� C, Secretary Redevelopment Agency of the SA NI F 'INI C, C, y ,p (i sl,.ef City of Redlands Address City& P. 0. Box 280 Redlands, CA 92373 SPACE ABOVE THIS LINE FOR RECORDER'S USE 70 495-1 C LONG FORM DEED OF TRUST AND ASSIGNMENT OF RENTS This Deed of Trust, made this day of -,j 1978 Between REI)LANDS MALL ASLSOC11ATES, 1im1ted partnership hercin called TRUS'1'011, whose address is 200 Continental Boulevard, El Segundo, California 90245 (numher and street) (city) (zone) (state) TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called TRus-TEE, and THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, CALIFORNIA herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the City of Redlands, San Bernardino County, California, described as: That portion of Lot 28, Block 77, Rancho San Bernardino, as per map recorded in Book, 7, Page 2 of Maps, and Block D, Central. Townsite as per map recorded in Book 8, Page 57 of Maps, in the City of Redlands, County of San Bernardino, State of California, described as follows: Beginning at the intersection of the centerline of Redlands Boule%-"rd with the centerline of 'niird $ti:eet as shown on a Record of Survey recorded in Book 29 of Records of Survey, Page 61, in said County and State; Thence North 0020'19" West along said centerline of Third Street 228.71 feet to its intersection with a line parallel with and 15.00 feet Southerly (neasured at right angles) from the centerline of the Southern Pacific Rail— road; thence North 890'3138" East along last said parallel line 27.12 feet to its intersectioT,-i with the East richt—of—way line of said Third Street; last said intersectior being the TRUE PO11qV OF BDGINNING; thence continuing North 89'53138" East, 456.10 feet to the intersection with, a line parallel with and 44.00 feet Westerly (rreasured at right angles) from the centerline of Orange Street; thence South 0019'02" East, 166.41 feet along last said parallel line to the beginning of a tangent curve concave Nortliwesterly and having a radius of 13.00 feet; thence Southerly and Westerly along last said curve through a central angle of 9001810711 20.49 feet to a point of tangency witd-i the North right—of—way line of Redlands Boulevard; thence South 89059'05" West along last said right—of—way line 426.06 feet to the beginning of a tangent curve concave Northeasterly and having a radius of 17.00 feet; thence Westerly and Northerly along said curve through a central angle of 89140136", 26.61 feet to a point of tangency with said East right—of—way line of Third Street; thence North 0020119" West along last said line 161.85 feet to the true point of beginning. TocYTHER WITH the rf-I-AS, iSSUC!i and profits thereof, SVBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary,to collect and apply such rents, issues and profits. A For the Purpose of Securing, 1, Perfimnanct of each agreerrient of 'trustor herein contained. 2. Payment of tile indebtednes-!" evidenced btine ne pronli"r,"ory nott. c,f even (late berewilli' and any extewzion or renewal thereof, in the principal surn of S-.1 4 8 , 0 0 0 .evidenced executed by 'Trustor in favor of Beriefit"iary or order. To Protect the Secarity of This Deed of Trust, Trustor Agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in goad and workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and mattrials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate,fertilize, fumigate, prone and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may deter- mine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear to and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; end to pay (311 costs and expenses, including cost of evidence of title and attorney's fees in a reasonoble sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Berieficiory, to foreclose this Deed. (4) To pays at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stork; when due, all incumbronces, charges and liens, with interest, on said property or any part thereof,which appear to be prior or superior hereto; all costs,fees and expenses of this Trust. Should Trustor fait to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may; make cir do the some in such manner and to such extent as either may cleem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such no purposes; appear in and defend any tion or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purcho'e, Contest or camprQmise any inrurnbronre, diorge or I;cn which in the judgment of either opperiti, io be prior or superior hereto, and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (5) To poy immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from date of expenditure of the amount 111towed by low in effect at the date hereof, and to pay for any statement provided for by low in effect at the date hereof te9wding the o6hgotion lel—ed ketebynny amount d,.mundt!d By the nct to exceed the ofjnwed by low at the time wh�n raid stole"'ent is d.,mond'd, (6) That any award of damoges in connection with any condemnation for public use of or injury to said property or cony part thereof is hereby ssiTn s v nd shall 60 pui,f to fteneficiory wbo moy apply or release such rrioneys receives# by hint irs the sant nrunater and with the some et`fect as obove provided for disposition of proceeds of fire or other insurance. a" rvY(i") That by accepting payment of any sum secured hereby rafter its due date, Beneficiary does not waive his right either to require prompt payrnent when due of all other suets so secured or to declare default for foilurµ sea to pay. (S) That at any time or from timt to time, without 1antshity therefor acid wahout notice, upon written request ;af €9enef"icicry and prasenlatiort of this Deed sand said nate for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, *� Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof, ioin in granting arty easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said s nota, to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held here- _ under. The recitals in such reconveyance of arty matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconvey- onl eWray be described as "the person or persons legally entitled thereto," five years after issuance of such full reconveyance, Trustee may destroy � said note and this Deed (unless directed in such request to retain them), { 00) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of I these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right,prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those post due and unpaid, and apply the some, less casts and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine, The entering upon and taking possession of said property, the collection of such rents, issues and priefitfs and the applica- tion thereof as o#oresaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11) That upon default by Trustor in payment of any 'indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sate and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by low following the recordation of said notice of default, and notice of sate honing been given cis then required by lraw, Trustee: without demand on Trustor- shall sell salol property at the time rind place fixZd by it in ecoid cf sc:e, ^ either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the Un;ted States, payable at time of sale. Trustee may postpone sate of all or any portion of said property by public announcement at such tame and place of sale, and from time to time thereafter may postpone such sale by public announcement of the time fixed by the preceding postpone- ment, Trusters shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any, matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing s F lstitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknuw!,­�qed and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper subrfution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties, Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby,whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by low. Trustee is not obligated to notify any party hereto of pending sole under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustees shall be a party unless brought by Trustee. `The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sole hereunder be mailed to him at his address hereinbefore set forth. * (15) Beneficiary agrees that, upon request by Trustor,star, Benefi inr s�Z ll execute a ran: disturbance and attorrrre—nt agreement in favor REDLANDS MA z�an�Ar 06"IAZ'ES r of any lessees of the property. a California limited p .rtner tiil_: S`T'A'T"E OF CALIFORNIA, Ss COUNTY `E CTn_. _before me, the under- BY: ERNIf � il INC signed, a Notary Public in and far said Stater personally appttarecl General P Wer � B Y I i cr known to me BY: R—J INVESTMENTS to be the p+rsom_.__whose narne_..__....___..__subscribed to the within G„-teS"1E'ral Partner instrument and acknowledged that_-_..-__.__.... ...-.executed the same. f WITNESS`iESS my hand and official seal. y; B _ . N trne (`I'r'ped or Printed) If execrured by a Corporation the Corporation F"vrnt of ,-icknowlee gmerat must be used. ('this arra for uftxci:al noteirial sraal) Title Order No.-.,.-.--_. _.__. _....__.. _ __ ___.._ _._.Escro (is I.man DO NOT RECORD FOR RECONVEYANCE OR FORECLOSURE SEND TO THE NEAREST OFFICE OF THE TITLE INSURANCE AND TRUST COMPANY W REQUEST FOR FULL RECONVEYANCE � r U To be used only when note has been paid, Dated To TITLE INSURANCE AND TRUST COMPANY. TRUSTEE: �.�{ a,A Thar undersigned 4 the iegr.! owner and ',aide, of alt indebtedness sec: ed by the within Deed of Trust. LV �"''�� 'l< Ait sums secured by said Deed of Twit heave been fully paid and satisfied and you ore hereby requested and P-4 La }-t3 directed, on payment to you of any turns oe,;rs to you under the terms of said Heed of Trust, to cancel atf evi- ""�" (`"l W h.._i demes of Indebtedness, secured by said Deed of T,.,t, delivered to you h rewith together with the sold Geed I.., d of Trust, and to roto,v Y, without -.,,only, to the parties designated by the teems of said Deed of Trust, the ,t/�""'yI U) a estate non* h, ld by you ander the same. life MAtt.. RECONVEYANCE Toa: _Zhe /y��.y 'S A r-„ W J 7 C. Do not lose or destroy this Deed of Trust OR TH N wfich�itse .res. Both must be delivered to the Trustee for cancellation before reconveyance will be made, RECORDING REQUESTED BY The. RedeveloptTent Agency of the City of Redlands, California City Hall Vine and Caj*on Streets Redlar0sA140 WCA HEN 92RECORDEO MAILTO373 RECORDED IN OFFICIAL RECORD Q FEB 28 1978 AT 11:00 AM F Secretary V. DENNIS WARDLE CLERK-RECORDER Redeveloment Agency of the City of Redlands S Cst«titya4 4N HERNAPOIND COUNTY, CALIF- Asa— P. 0. Box 280 Redlands, CA 92373 -------SPACE ABOVE THIS LINE FOR RECORDER'S USE TO 495-1 C LONG FORM DEED OF TRUST AND ASSIGNMENT OF RENTS This Deed of Trust, made this day of 19 7 8 ,between REDIANDS MALL ASSOCIATES, a California limited partnership _T hercin 7called TRUSTOR, whose address is 200 Continental Boulevard, El Segundo, California 90245 (number and street) (city) (zone) (state) TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called TRUSTEE, and THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, CALIFORNIA herein calla BrNEFICIAR V, Witnessethi: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the City of Redlands, San Bernardino County,California.described as; That portion of Lot 28, Block 77, Rancho San Bernardino, as per map recorded in Book 7, Page 2 of Maps, and Block D, Central Tcy4nsite as per map recorded in Book 8, Page 57 of Maps, in the City of Redlands, County of San Bernardino, State of California, described as follows: Beginning at the intersection of the centerline of Redlands Boulevard with the ceriterlij-e, of Third Street as shown on a Record of Survey recorded in Book 29 of Records of Survey, Page 61, in said County and-State; Thence North 0"20'19" VIest along said centerline of Third Street 228.71 feet to its intersection with a line parallel, with and 15.00 feet Southerly (measured at right angles) from the centerline of the Southern Pacific Rail— road; thence North 89'53'38" East along last said parallel line 27.12 feet to its intersection with the East right—of—way line of said Third Street; last said intersectior being the TRUE; POINT OF BEGIN�'Llr,; tharlce continuing North 89'53'38" East, 456.10 feet to the intersection with a line parallel with arid 44.00 feet Westerly (masured at right angles) from the centerline of Orange StreEt, thence South 001910211 East, 166.41 feet along last said parallel line to the beginning of a tangent curve concave Northwesterly and having a radius of 13.00 feet; thence Southerly and Westerly along last said curve through a central angle of 90018107" 20.49 feet to a point of tangency with the North right—of—way line of Redlands Boulevard; thence South 89115910511 west along last said right—of—way line 426.06 feet to the beginning of a tangent curve concavE Northeasterly and having a radius of 17.00 feet; thence Westerly and Northerly along said curve through a central angle of 89*40136", 26.61 feet to a point of tangency with said East right—of—way line of Third Street; thence North 002011911 West along last said line 161.85 feet to the true point of beginning. TrieLTHEx tarryt the rents,issues and profits thereof.SUBJECT,HowEvEst,to the right,power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents,issues and proms. For the Purpose of Securing: 1. Performance of each agreement of Trustor herein contained. 2.Payment of th ' d bi I promissory Iry one promissonote of C even date herewith,and any extension or renewal thereof,in the principal sum of S " 6 Pa'� _execute()by Truster in favor of Beneficiary or order_ ToProtect the Security of This Deed of Trust,Trustor Agrees: (1) To lalep said property in good condition sad repair;not to remove or dern.14h any building thereon;to or-plt.at -i.e.promptly and I.good and worlmn—like na-lie,any building which may be can,t­ct.d,derrag.d.,destroyed the,,.n said to pay when due elf claim.far labor performed and material,fter.4h,,cl Therefor; to comply with all laws vfFecting said proverty or terivirim; any alteration, or improvements to be .ade the,.'.;not to torrialit or Permit was..thereof;sat to re-4,Duffer or Permit..y ad-Pa.said Property irs violotwn at 1.w;to..latwe' Wigehi,le,tili.e,fumigate,or."and do.11 t"r avt%which from the character or use of said property may be-asoonilly ote-sary, the p—lc his-ir,net...I.d;.g the 9--tw (2) To pra.rd.,—into;.and di,ti..,to Ben SO—y fire insurance satisfactory to and with loss payable to Beneficiary. The amount coilvalil­d.0 any fire or salla,i­­policy may be applied by pan any ind,rbt,dnev,­­d hereby and in such order as 8­&6.,y may itet­ miot,or at option of Beneficiary the entire omo—t so­lteo.d or—y part thereof may be 0..,ed to Trustor. Such application or releaaa rbu`l sac cure a,wait.any default.,—tio,of default harcund.r or in—ket.l...y.-t do— pursuant to such notice. (2) To appear in and drf.nd any­tion-proceeding purporting to affect the security hereof or the rights or powers of Oenefic;ory or Trustee; and to Pay all-.is r-d .it of etiden of till...d attorney's f—. in . ­...n.bje so,, m any such -6— or p,­rd,r,Sj in which 6...li-iiay or Trustee en-y appear,and in any suit brought by fine.66—y to fared—mi, Oes,& (4) To pay, at liao een day,b.fore definq—T,.11 tars r—d assessments aiT-ting said property,ind.dim;sssessmanrs on appo,renrmt wrier stack;when due..11 incumbrances, and 1;ro.,with iafaeest,on said property or any part thereof,which appear to be prior.—p-m,lustel.; all east,,fee,and..p­­of this T­t. Should Truster fall to make any payment.,r,,do any- - ­ t as herein provided,then 866,oy or T—v-, 4­ but� � t blisi w­.o to d.and -without ori..m:4 d.-.,d up.,Trustor and 1-1.,f—,—y obligation hereof,may: n,.ke or do the.-j,,_,N mann.,and to ­h exMnt­itk"may d—mtre"Dry to p—eca it,-r—lity hereof,Beneficiary.,Trustee being authorized to enter upon ­;d Property for such purposes; pp.*,in and defend ny—re..,p­eed;m;purporting to shies the_­jt/ hereof.,the eights or p__of i.e.fc; 'y or T­ oe. Pay,p—toot,contest or tomp-4e any in—1—n-, -1 lice which in Ou,iiidgm-1 of Brills`opparn,to be prior or up-i.,}serer.;and,in ....rising any such pw.'s'sins,ms—tar s.,pen—,employ­­l..d P.y fr— (S) To pay immediately and without drmand s!1 surras as.:p.nded by Brn.F clary or Trustee,with;r,tarst from dot.of.xpanditure at rhe amount -11,,w.J by law in ff—t at the do,.h.,..f, and to pay for any statement pravi<fed to,by I.—in ef;e,t of the dust,he-.f .q.,d­j IT',nbGgntvsn ­­ed f—eksy any amount demanded by the S—ef,i—y not to a—ed tS.max,mum.11—d by tow at the time when said 4 d.rmool.d, (tt) That any award of damage.in connection With any to-leasharma for public use of Or Injury to%.,*,4 property or O"y post thereof it hereby, ots;ffrotlf And shalt be P44 to isto.644ult who May OPItts'at r-10014,loth money-r-oris-d by him to the tonn,mtsmr and refills the %am.*11fter as also ta"Wmi for dispoiltmA of proceeds of fit*or other how—to I (7) Tho#by accepting payment of Any sum secured Is...by offer its due thoon 8000011clory,does, Out waive his rrold,either #0 prompt Payment when due of Ott Other turns to%*rated or to tfoclso*default for failure*a to Pay, (8) Th**at any Imreor from time to time,without liability thortfar and without Halite,upon voot*n request of Ilanssclary*ad Of this Deed*Ad sold net#far endorsement,Asia u4bout attesting the Pols000f 006itifir Of any f,--a for troy-tot of the iodobr.dtrs ietut."i for'Ly' Trutt"mays rotax"Va,yr any port of said property,surreal to the making of any map or plot thereof;Join in Wonting any musnoost,ntocot,,or join In troy*04,01100,00cromrat at any mirotmoott subordinating the lion or thetas,tt­o*t, (0) That upon wt*#"*"request Of llornsficiary,stating that oil sums socured hor*6i have been pool,And upon.suatatito,Of this, rtocA and said "at-to Trost##far otecollothm*ad nthotho,and Upon,paymoof of it,fee,,trust..shall recd—ir,without-aroosty, the property, the,hold h.— s: sts,Or fact*shall be t."dulhe,proof of the truthfulness itoo*af� Th. in such ocotorsq- V"doo The ftrotod.;a,such covon.eyonce of any marts, sr-to may Is*dt,ssv.bod as"the person or post."*legally ovoIfled thtron,", fire years after istucono of such#Ott Tfust*4 may d-Atroy jw said turbs and this t>..d(unless directed in such rl,raost to retain mem). Q (10) That at.4ditlonal eottalty'Vassar hereby Sores to and tonfort upon Sem olds the right,power and oushorihr,during the of the#t Trusts,to tolhet the rants,issue.and Profits of told property,resso,,;O9 not*Trustor the tight,prior to any default by Trustor to Payment of Any;. I—V hoitistod"tit socuroul hereby or to performance of any agreement hoo*vnd*r,to collect oad r0oin,rush roots,issues ood profits,at they toewe*do. and Payable. Versa any Such default,8e".66toy may of any time without notice,either In footwo by*sent,Or by 0 r-ONoo,to ltv,appointed its,a tourf,and without#aqooj to the ojtqOacy of any sesutio,for the i.d.bf.doess,hereby cotorert,safe,upon And take po.**tjN.A of sold property at any Port thereof,in his own OM6 so.for or,otiorte"'O collect loth roots,issues and profits,irul.difts those past do#And unpuld,And opirty the'tont, too,staff and exp*ottl of operation and t.Itactiom ind.tfies reasonable attorneys feet,upon any i.d.bnonott stettood hereby,And J"loth racho at samofiviory may,ljsolomiay. the itntonolf usson a"foldots of said property,the collection of loth roots,4soes and profits*ad the APaliro.. t;**thereof at ofoortatel,shalt not sort or wairt any default at m000 of default hereunder or laval;doot any Ott afook pursuant to loth rork., (11) That upon&fault by Trustor 10 payment of unit lodshotdoest toourmd hereby or in performance of any o9te*ms"t torsondor,fientilejory moir declare,.11 sums......d horotty Immediately due and payable hr defietry to Trustee of written Jtd00000 of default and dtmooj far sale and of written o0hre of default and of t1scim.to t.~to be said said property, oklth notice Trosoc, shall cause to be fiI.4 far record, itoneficitay, Otto shall deposit with Trust.#this Itteol,said out*and Ott Jotomoaf*cAd—o"S txpooditoovs,secured hereby. After the lease,of such time as May lista be oa.ioot by to-foltowi.g the retardation of sold,notice A(default,and pout*of safe 40s;0%hot. Often as than required by tow,Trustee,without demand On Tt.o.r.*hall 4.11 sold potststly at the fino,and place fi.td by it#..0"J 000te of scifir. either as.'bete Or m$.Perot*foutals.and.0 such order as it may determine,at public Auction to the highest bidder far rush in lawful roomry of the United SmArl,payable at time of safe. Trust**may postpone lot.of all of any portion of sold property by avurk toinoo.ttnont of*.of,tams saw plata at$-I&,o'A1 from time to ties*tfoosft.t may postpone such lot*by puldit....vo-M&At at the time 41xwd by*he pfett,shng Po0p,o mass#. Trusno,shall d.ti"r to such panchoto its dead to—tyint,the property so sold,but without any to­nons or w*noaty, asps, err r repl;�tdead the W;tot*in such st"d of Any off*,*a,focte shall 60 toodulNe proof of the totthfolatsc th...of, Any proom, including rtusrw« trustee, or:. sOftefitiory,as hereinafter defined,may patches.at sash safes. After d*4040.9*11 saos%fee.And..pon-S of Trutt#*and Of this Trust,Ineturf""s)-It of—kht-ta of title in toonec'mo wok solo,Trott..shalt OPFry the pre-ed,of safe to P.r.—f oft AN r—..pnd.d Ord.,the.t*-hes,.f,-t —ah--a o,jetrst.ah. ._..at aft—ca by tow In*fhort of if,*auto he'oof;All athe,sums th.n,secured hereby,and the remainder,it any,to the pot**n or per,*.*ittoij y smflhut flousoo, (12) Its,"fithoty,at Any savat,$Or in Ownership of any indebtedness socard horolly,may from time to time,by;ftshvc,*ftt,to .01toinot,0 suttiIn'lls"or tu"too"t to OftY trust**named loo.i.or Acting forrov.d.r, which holuorntat,sxtootd by the flonelltimy and duly vAo_bof%*d-J recorded is the offits,of the ressont.r of the county at toomt;.s who'e sold property is Outusof, shalt be Proof of yyrApar *.Ilstlfuh..of seats uscosstor Trust**A,Trustees,who Aoll,without to.toyacoa from the trust*# prvrtetossor, sqcteool to Ott its 6ths, *.too., rights, powers and '446s4. Said.6strurnsat must runs.".she--me of the original Tirvow,Trusts*.and ffomefoo,y hereunder, the book And page whect,*hT* aced is recorded 004 the name,oad odtfoot Of the now Trustee, (13) That this flood applies to,;.arts to the benefit AT,and W"ths,*4 parties, hereto, their Iffadhets, shelo,to "motorrarott, #,ecutdo, sue sossue and assigns. The term fleftefithsty shell moon A the owner and holder,including pledgee.,of the Auto Itc.o,d ht'oblr, forh*r or Any Atoned at beneficiary Atris;o. to this Deed,:suh.""Or the ve.f.,st to require",the mosculms,sander loxkuhm the f6mim"amlior fttvftr,004 the singular number tntsotoo the pforOL (14) 'that Trost"ottopu this Trost when this 04"'d,duly tercturd Ohd O'kn0whattl6d,If,OtOdt,*PtAttit record As,pon6dortf by low, Trustee is out oUttiatstoll to"fify any Party hereto of Pending*-I-undo,any other Do*d of Trost or Of ooy than or jouseldful,is wh;rb roota,9#Atflt;ary, or 17410#shall be a potty onto$$brought by Truoost, he undersigned Truson orquoin,that a eopy of any ht"OP Of D-fOult and Of*Air Notice, Of We 61ovarf-I be,motttd to hin, at his J,4,.*. horrAft"Ittfarv,$of forth. *(15) Beneficiary agrees that, upon request by Trustor, efi 'iaiz shitllrry execute a Torr- disturbance and attornTient agreement in favor RET LAD of any lessees of the property- a California limited partnership STATE OF CALIFORNIA. SS. COUNTY OF— I "I BY- 0 before me,the under,: ERNE9t1w. N" INC 4nod,a Notary Public in and for said State,Personally appeared Gene'ral),P n r. known to me BY: R—J INVESTMENTS to be the,photons—whose fetme—_--forboaribod to the within General Partner instrument and foknowledged that__clatuied the fvury. WITNESS my bond and official semi. Signature -go.. (Typed ar Printed) If It exoray'd by a Corporation the Corporation Form at cknafrfcflgruaat must be used. (Th"area for officiat amsriat-rat) Title Order X30. Escrow or Loan No -- to 444s C (Corporation as a Partner of a PartnerAipt @ THE N9ARESY COMPANY S "TATE Of*CALIFORNIA kNCE COVNI before"it.the under-igne4z a Notar Public in and for 11 01.wi.hu,0.4 f T.01 Said late. P'rwoftally alriel-led known to we to be the „# res'sk #TN.f,f......I it w __ _Pre-ittent,and known to the to be the„..__ -- le...;a 0-4 Inc. tho car porati,m that execuled f sloe note.1 1..”or. the within inArutnent and known to no,to he th'.i"r-n-,st'. ks rterut 4 the within in-trunient on behalf 14-ai,l corporation, .1id corroest o'"to-ing known I.met I,,,on,4 tho.partner of 0 _Elt4:L4�q4q Mall Assoc ate$the partner hip 0 SEAT- that cN"IltA the'wtthi'n in true ntawl akn­b tged to not. DI" tont -twh oarp„ratiori txerutwi lits svoe As such partner fool shot euch partnerhip executed the Same. teS :S COUNTY 'WITNESS my )land and officiii ural. 1930 it voesata Nante (Typed or Printed) Vo will be'garip. (This area or.1%rW_WW s..tf IAC) NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE AND DEED OF TRUST SECURING SAME MUST RE SURRENDERED TO TRUSTEE FOR CANCELLATION BEFORE CONVEYANCE WILL BE AADE PROMISSORY NOTE SECURED BY DEED OF TRUST $148, 000 El Segundo, California 8_1/2% 0 , 19-18 FOR VALUE RECEIVED, the undersigned, REDLANDS ASSOCIATES, a. California limited partnership ("Maker") , hereby promises to pay­.to .to THE REDEVELOPMENT AGENCY OF THE. CITY OF REDLANDS, CALIFORNIA, ("Payee") r or order, at City Hall, 'Tine and Cajon Streets, Redlands , California 92373 or at such ether place as the holder hereof may from time to time designat by written notice to Maker, in lawful money of the United States of America, the sura of ONE HUNDRED FORTY-EIGHT THOUSAND DOLLARS ($148,000) , plus interest at the rate of EIGHT AND ONE-HALF PERCENT (8 1/2%) per annum from the date hereof on the unpaid balance, principal and interest to be paid as set; forth below: 1. This Nate is secured by a Deed of Trust (the "Deed of "gust" executed. by Maker in 'favor of Payee. 2. Payments (a) Commencing on the first (lst) anniversary date hereof, and continuing thereafter on the second (2nd) , third Ord) and fourt) (4th) such anniversary dates thereafter, Maker shall pay to the holder hereof, at the address set forth above , payments in the amour of TEN THOUSAND DOLLARS ($10, 000) each. (b) All payments shall be applied first against accrued interes at the rate of 'EIC -HALF PE (8 1/2%) per annum :from, the date -1- hereof on the unpaid principal balance, and secondly against principa (c) on the fifth (5th) anniversary date hereof, Maker shall pay to Payee, in one lump sum, all unpaid principal and interest accrued and unpaid to that date. 3. The entire unpaid balance of principal amount of this Note shall, at the election of Payee, become immediately due and payable upon the occurrence of any of the following: (a) Any failure on the part of the Maker to make any payment when the same is due and to cure such default within ten (10) days after notice is given by Payee. (b) Any failure on the part of Maker (i) to perform or observe any of its obligations under the Deed of Trust and (ii) to commence and proceed diligently to cure such default within twenty (20) days after written notice thereof is given by Payee, and in any event to cure such default within forty-five (45) days_ afterthe date on which such notice is given. (c) The filing by Maker of a voluntary petition in bank- ruptcy, a petition for reorganization, arrangement or other relief under the National Bankruptcy Act, or a voluntary petition for the appointment of a receiver or for other relief under the laws of any State, or the making by Maker of an assignment of all or substantial- ly all of its assets for the benefit of creditors . (d) The adjudication of Maker as a bankrupt or insolvent, the appointment of a receiver of all or substantially all of Maker ' s assets, or the entry of an order of the reorganization of Maker under the National Bankruptcy Act, if such adjudication, order or appointment is made upon a petition filed against Maker and is not, within sixty (60) days after it is made, vacated -2- or stayed on appeal or otherwise, or if Maker by any action or failure to act signifies its approval thereof, consent thereto or acquiescence therein. (e) The dissolution of Maker. 4 . In the event of any failure on the part of Maker to make any payment when the same is due, Payee shall be entitled to recover from Maker all costs of effecting collection Of the same, including reasonable attorneys ' fees and all costs of collection. Any principal not paid when, due shall bear interest. at the rate of TEN PERCENT (10%) per annum, from the date of delinquency until paid. 5. Any notice to either party hereto may be given by delivering the same in writing to such party in person, or by sending the same by registered or certified mail. with postage charges prepaid to the following mailing addresses or to any other mailing address within the State of California which the parties notify each other of: Maker: 200 Continental Boulevard El Segundo, California 90245 Attention: Treasurer Payee: City Hall Vine and Cajon Streets Redlands, California 32.373 Notices shall be effective upon the date of receipt, provided that notices shall be presumed received no later than two (2) days follow- ing the date of sending. 6 . This Note shall be enforced in accordance with the laws of the State of California and shall be construed in accordance therewith. -3- r - x 4 Maker has set its hand can this Nate effective as of the date set ;forth above . REB DS MALL ASSOCIATES, a California limited partnership BY: ERNEST W. HAHN, Ge 1. Partner' By• ". Genera. Partner By: � � t'4R` ' cr„ 4 T ry