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HomeMy WebLinkAboutD-2759_:`_ o; ~. This page is part of your document - DO NOT DISCARD - ~~..a °,~ 20080589888 074es: II I VIII) IIII IIIIIII III IIIIIII III III III II Recorded/Filed in Official Records Fee: 0.00 Recorder's Office, Los Angeles County, ~ California Tax: 0.00 Other: 0.00 04/07/08 AT 08:OOAM Total: o.oo Title Company TITLE(S) a II IIIIIIIIIIIIII IIIIII IIIIVIII IIIIIIIIIIIIIIII III L E A D S H E E T -- - i Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown - E„~„ THIS FORM IS NOT TO BE DUPLICATED - First American Title -, Subdivision Tract Sales ' RECORDATION REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of Arcadia Attention: Executive Director 240 West Huntington Drive Arcadia, California 91066-6021 -- _ oaionoe - --- -- I I I IIII VIII VIII I II II VIII VII I VIII VIII VIII VIII VIII IIII IIII 20080589888 0 S~~j7.3-Q~~ ~/p 9°Q~~J (Space Above for Use by Recorder Only) / (Exempt from Recording fees Per Gov't Code §27383) ~3 DEED OF TRUST AND FIXTURE FILING (WITH ASSIGNMENT OF RENTS) 3? SECURING A PROMISSORY NOTE AND OBLIGATIONS UNDER OCCUPANCY AND AFFORDABILITY COVENANTS AND RESTRICTIONS This Deed of Trust and Fixture Filing (with Assignment of Rents) Securing a Promissory Note and Obligations Under a Occupancy and Affordability Covenants and Restrictions ("Deed of Trust") is dated as of March 20, 2008, by TIGHTEN WU, AS HIS SOLE AND SEPARATE PROPERTY, whose address is 119 East Alta Street, Unit A, Arcadia, California ("Trustor'"), to " FIRST AMERICAN TITLE INSURANCE COMPANY whose address is 9130 Anaheim Pl., Suite 230, Rancho Cucamonga, Califomia ("Trustee"), for the benefit of the Redevelopment Agency of the City of Arcadia, a public body, corporate and politic ("Beneficiary"), and is executed to secure (among other obligations more specifically described herein) that certain Promissory Note, dated March 20, 2008, in the principal amount of $383,447.00, ("Promissory Note") executed by Trustor in favor of Beneficiary and that certain Occupancy and Affordability Covenants and Restrictions, dated March 20, 2008, executed between Trustor and Beneficiary ("Occupancy Covenants"). "The provisions of the Promissory Note and Occupancy Covenants are incorporated in this Deed of Trust by this reference. Unless otherwise defined herein, all defined terms used herein shall have the meaning set forth in the Occupancy Covenants. 1. 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 ("Trust Estate"): l .l the real property described in Exhibit A attached to this Deed of Trust and incorporated in this Deed of Trust by reference ("Land"); 1.2 all buildings, structures and other improvements now or in the future located or to be constructed on the Land ("Improvements"); and 1.3 all tenements, hereditaments, 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-way, development rights, mineral rights, water rights and water stock ("Appurtenances"). 2. Obligations Secured. This Deed of Trust is given for the purpose of securing payment and performance of the following ("Secured Obligations"): 1 RVPUBILWADHV3894R4 2. ] all present and future indebtedness evidenced by the Promissory Note and all other amounts payable under the terms of the Promissory Note; 2.2 all present and future monetary and non-monetary obligations of Trustor to Beneficiary under this Deed of Trust; and 2.3 al] additional present and future monetary and non-monetary obligations of Trustor to Beneficiary under [he Occupancy Covenants or any other agreement or instrument (whether existing now or in the future) which states that it is, or such obligations are, secured by this Deed of Trust; in each case as such indebtedness and other obligations may from time to time be supplemented, modified, amended, renewed and extended, whether evidenced by new or additional documents or otherwise. 3. Trustor's Covenants. To protect the security of [his Deed of Trust, Trustor agrees as follows: 3.1 Payment and Performance of Secured Obligations. Trustor shall pay and perform all Secured Obligations in accordance with the respective terms of such Secured Obligations. 3.2 Maintenance of Trust Estate. Unless Beneficiary otherwise consents in writing, Trustor shall: 3.2.1 maintain the Trust Estate in accordance with Sections 3 and 4 of the Occupancy Covenants; 3.2.2 not remove, demolish or materially alter any improvements except as provided in Section 4 of the Occupancy Covenants; 3.2.3 not commit or permit any waste of any part of the Trust Estate; ~;a ~aa r'1 §~~ rp td~ ~;,~ 'd~ RVPUBll.WADLV38948.4 4'~~ 3.2.4 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, which affect any part of the Trust Estate or require any alterations or improvements to be made to any part of the Trust Estate; 3.2.5 take such action trom time to time as may be reasonably necessary or appropriate, or as Beneficiary may reasonably require, to protect the physical security of the Trust Estate; 3.2.6 except as otherwise permitted by the Occupancy Covenants, not part with possession of or abandon any pari 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, 2 terminated or otherwise disposed of (whether voluntarily, by operation of law, or otherwise); and 3.2.7 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 or any conditions with respect to any such rights. 0,1 09 t") M39 ;;~a tly'9 q;~ ^~A ~?9 3.5 Liens and Taxes. Subject to the right of Trustor to contest any such payments, Trustor shall: (i) pay, prior to delinquency, all taxes, if any, which are or may become a lien affecting any part of the Trust Estate (including assessments on appurtenant water stock); and (ii) pay and perform when due all other obligations secured by or constituting a lien affecting any part of the Trust Estate. 3.6 Prior Mortgages or Deeds of Trust. Trustor shall perform all of Trustor's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Trustor's covenants to make payments when due. Trustor shall pay or cause to be paid, at least ten (10) days before delinquency, all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 3.7 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 Deed of Trust 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 or other proceeding asserted or brought against Beneficiary or Trustee in connection with or relating to any pari of the Trust Estate or this Deed of Trust. 3.S Action by Beneficiary or Trustee. If Trustor fails to perform any of its obligations under this Deed of Trust, 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 Deed of Trust, and at the expense of Trustor: (a) perform such obligations in such manner and to such extent and make such payments and take such other action as either may deem necessary in order to protect the security of this Deed of Trust, Beneficiary or Trustee being authorized to enter upon the Trust Estate 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 Deed of Trust or the rights or powers of Beneficiary of Trustee; and (c) pay, purchase, contest or compromise any lien or right of others which in the reasonable judgment of either is or appears to be or may for any reason become prior or superior to this Deed of Trust, except for the lien of a purchase money loan used by Trustor to purchase the Trust Estate. If Beneficiary or Trustee shall elect to pay any such lien or right of others or 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 Deed of Trust, Beneficiary or Trustee may do so without inquiring into the validity or enforce-ability 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. RVPUBVLWAUEV38948.4 3 C:~ yG L~'I ~:,~ U'~ ~7~ av 'v':Y 3.9 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 ariy rights or any other matters relating to the Trust Estate, and nothing contained in this Deed of Trust shall release Trustor from any such obligations. 3.10 Default. Subject to the notice and cure provisions of Section 12 of the Occupancy Covenants, an "Event of Default" shall be deemed to occur upon any material breach of an obligation under any of the following: (i) this Deed of Trust; (ii) the Promissory Note; or (iii) the Occupancy Covenants. Furthermore, any event defined as a "Default" or "Event of Default" under the Promissory Note or the Occupancy Covenants shall constitute an Event of Default under this Deed of Trust. Furthermore, upon the occurrence of a transfer of the Trust Estate or any part of it or interest in it is transferred, sold, or alienated during the Qualified Residence Period without Beneticiary's prior written consent, except as provided in the Occupancy Covenants, Trustor shall be in default under this Deed of Trust and the Promissory Note shall become due and payable without further notice to Trustor at the option of the Beneficiary. Upon the occurrence of any Event of Default: (i) Trustor shall be in default under this Deed of Trust, and all monetary Secured Obligations shall immediately become due and payable without further notice to Trustor; (ii) upon demand by Beneficiary, Trustor shall pay to Beneficiary, in addition to all other payments specifically required under the Promissory Note, in monthly installments, at the times and in the amounts required by Beneficiary from time to time, sums which when cumulated will be sufficient to pay one month prior to the time the same become delinquent, all taxes which are or may become a lien affecting the Trust Estate and the premiums for any policies of insurance to be obtained hereunder (all such payments to be held in a cash collateral account as additional security for the Secured Obligations over which Beneficiary shall have sole and exclusive control and right of withdrawal); and (iii) 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: 3.10.1 Bene ficiary may, either directly or through an agent or court- appointed receiver, and without regard to the adequacy of any security for the Secured Obligations: (i) enter, take possession of, manage, operate, protect, preserve and maintain, and exercise any other rights of an owner of the Trust Estate, and use any other properties or facilities of "frustor relating to the Trust Estate, all without payment of rent or other compensation to Trustor; RVPUn\LWADEV38948A 4 (ii) 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; (iii) make, cancel, enforce or modify leases, obtain and evict tenants, fix or modify rents and, in its own name 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; (iv) endorse, in [he name of Trustor, all checks, drafrs and other evidences of payment relating to the Trust Estate, and receive, open and dispose of all mail addressed to Trustor and notify the postal authorities to change the address for delivery of such mail to such address as Beneficiary may designate; and (v) take such other action as Beneficiary deems appropriate to protect the security of this Deed of Trust. vv"FJ :`~r C:~ U~tl ~:~ r~ s'"+a ;~~ w~~ Beneficiary's agent or court-appointed receiver shall hold all monies and proceeds, including, without limitation, proceeds from the sale of the Trust Estate or any portion thereof, for the benefit of the Trustor and shall not disburse the monies or proceeds for the satisfaction of the Secured Obligations without the prior written consent of Beneficiary. The Beneficiary's agent or court-appointed receiver 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 Deed of Trust, and at the expense of Trustor, follow the written instruction of Beneficiary under this Section 3.10 of this Deed of Trust. 3.10.2 Bene ficiary may execute and deliver to Trustee a 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 afer the lapse of such time as may 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 Trusl Estate 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 RVPUa\LWADHV38948.4 5 tame fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the Trust Estate so sold, but without any covenant or warranty, express or implied, and the recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness [hereof. Any 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 Trust Estate so sold which is subject or subordinate to this Deed of Trust, except that any such sale shall not result in the termination of any such lease, (i) 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, Benefciary), or (ii) if the purchaser at such sale gives written notice to the tenant, within thirty (30) business days after date of sale, that the lease will continue in effect. ;r;1 4{; ~) 111 G~ UY 4~IJ v:f t~:' 3.10.3 Bene ficiary may proceed to protect, exercise and enforce any and all other remedies provided under the Promissory Note, the Occupancy Covenants, this Deed of Trust or by applicable laws. All proceeds of collection, sale or other liquidation of the Trust Estate shall be applied first to repay any purchase money loan to which this Deed of Trust is subordinate, next to repay all costs, fees, expenses and other amounts payable by Trustor under this Deed of Trust 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 Deed of Trust is cumulative and not exclusive of, and shall not prejudice, any other remedy provided in this Deed of Trust or by applicable laws. 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 Deed of Trust 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 Deed of Trust 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. 3.11 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 Deed of Trust or the enforcement of, or the exercise of any remedy or any other action taken by Trustee or Beneficiary under, this Deed of Trust 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 Deed of Trust in connection with the operation, maintenance, management, protection, preservation, collection, sale or other liquidation of the Trust Estate or foreclosure of this Deed of Trust; (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 RVI'UB\LWADE\738948.4 6 Deed of Trust; (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 chazges of Beneficiary's internal legal counsel. ~t ;~:~ dw1 ~1 4{~ U'J VN` ?9 3.12 Late Payments. By accepting payment of any part of any monetary Secured Obligation 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. 3.13 Action by Trustee. At any time and from time to time upon written request of Beneficiary and presentation of this Deed of Trust for endorsement, and without affecting the personal liability of any person for payment of the Secured Obligations or the security of this Deed of Trust for the full amount of the Secured Obligations on all property remaining subject to this Deed of Trust, 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 Deed of Trust. 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. 3.14 Reconveyance. Upon written request of Beneficiary and surrender of this Deed of Trust and the Promissory 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 Deed o1' Trust. Any reconveyance, whether full or partial, may be made in terms to "the person or persons legally entitled thereto," and the recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. Except as provided in the Occupancy Covenants, Beneficiary shall not be required to cause any property to be released from this Deed of Trust until final payment and performance in full of all monetary and non-monetary Secured Obligations and termination of all obligations of Beneficiary under or in connection with either the Promissory Note or the Occupancy Covenants, or until the Secured Obligations are forgiven. 3.15 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 Deed of Trust, 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 Deed of Trust is recorded (or the date of recording and instrument number) and the name and address of the new Trustee. 3.16 Subordination. This Deed of Trust and the Promissory Note shall be subordinate to any purchase money loan used by a Qualified Purchaser to purchase the Land and Improvements. R V PUa1L W ADE\738948.4 7 3.17 Assignment. This Deed of "frus[ and the Promissory Note shall be /^ assigned to and assumed by a Qualified Purchaser of the Land and Improvements. Upon any such assignment, Trustor shall be deemed released from all obligations hereunder. 3.18 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 Deed of Trust. 3.19 Successors and Assigns. This Deed of Trust applies to and shall be binding on and inure to the benefit of all parties to this Deed of Trust and their respective successors and assigns. 3.20 Acceptance. Notice of acceptance of this Deed of Trust by Beneficiary or Trustee is waived by Trustor. Trustee accepts this Deed of Trust when [his Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 3.21 Beneficiary's Statements. For any statement regarding the Secured Obligations, Beneficiary may charge the maximum amount permitted by law at the time of the request for such statement. 3.22 Governing Law. This Deed of Trust shall be governed by, and construed and enforced in accordance with, the laws of California, without regard to conflicts of laws principles. 3.23 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 above. 3.24 Forbearance Not a Waiver. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Beneficiary shall not be a waiver of Beneficiary's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. Signatures on Following Pages] ~a Y;J ~'I {w: at;~ r~ "'' RVPUB\LWADB\738948.4 8 fi~ SIGNATURE PAGE TO DEED OF TRUST AND FIXTURE FILING (WITH ASSIGNMENT OF RENTS) SECURING A PROMISSORY NOTE AND OTHER OBLIGATIONS TRUSTOR TICH EN WU BENEFICIARY THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, a public body, corporate and politic Donald Penman Executive Director ATTEST: Agenc ecretary +;:a na ~'~ I~`! ~: t~ ~,?s ~~° RVPUBILWADG1738948.4 9 4~~ ~~ Ij ACKNOWLEDGMENT State of California County of _~.DS Ar.IC~a.E~S On NI-~~ 2Lio6 before me, KILT ~ r ni: (.~anpt~.ri ~IDi~~~vLiu r c. , A Notary Public in and for said State personally appeared Tr•~.~r`, t.~,L who proved to me on the basis of satisfactory evidence to be the person(~s,) whose nameCC~~ is/>~e subscribed to the within instrument and acknowledged to me that he/$F1g/tTte~executed the same in his/flat/tfte~r authorized capacity(iesj, and that by his/AedfTteir signature(~s.) on the. instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur ~ ~ KRISTIN WARREN ~ '~'n Camm.#1542795 u! °~ NOTARY PUBLIC•CALIPORNIA UI Countyy al Los Angeles My Comm, Ezpiras Jzn. 9, 2009'' (Seal) ~? ~~ f~ ~~ CSr ~eOI CM1I ~~ ACKNOWLEDGMENT Slate of California County of ~i~ y~S On ~ ~~~' d v before me, liI'.S~ ~G~~ e ~~SSen~/e~ , A Notary Public in and for said State personal appeared I>nn~l d ~ n mt who proved to me on the basis of satisfactory evidence to be the person(~whose name is/a~P subscribed to the within instrument and acknowledged to me that he/s~/th~f executed the same m his/I~/th~r authorized capacity(i~a'f, and that by his/t}~r/th~tF signature~'j on the instrument the person(tsfj, or the entity upon behal of which the person(~'j acted, executed the instrument. 1 certify under PENAL"fY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ ' 1 CotNrrlllett 1177706 ~t~o~i NraM~ Caratlp Canet. 7, 7011 (Seal) C:~ r?9 '1=J ~~ r~;i C4 fix n7 ILLEGIBLE NOTARY SEAL DECLARATION Government Code Section 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement attached reads as follows: Name of Notary: Lisa Marie Mussenden Date Commission Expires: April 7. 2001 Notary Identification No: 1737305 (for Notaries commissioned at 111192) ManufacturerNendor Identification No: NNA1 (for Notaries commissioned at 111192) Place of Execution of this Declaration: Rancho Cucamonaa Date:April 1, 2008 Fi~ American Title ~9~--~ ~~~'~~ ~J C„„,~g um;y ~1 F~+ m~~ C~9 Qa ~F o`{~^ /1 EXHI~3IT "A'' LEGAL DESCRIPTION r~ ~;~~ ev a~a 4VJ iii} o~ Real property in the City of Arcadia, County of Los Angeles, State of California, described as follows: PARCEL 1: UNIT N0. 104 AS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN FOR TRACT MAP NO 67480, RECORDED FEBRUARY 14, 2008 AS INSTRUMENT NO. 2008-0267938, OF OFFICIAL RECORDS OF LOS ANGELES COUNTY. PARCEL 2 AN UNDIVIDED 1/6TH INTEREST, AS TENANT IN COMMON, IN LOT 1 OF TRACT MAP NO. 67480, AS FILED IN BOOK 1341 PAGES 24 TO 26 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM UNITS 101 TO 106 INCLUSIVE AS SHOWN ON THE CONDOMINIUM PLAN REFERRED TO IN PARCEL 1. ALSO EXCEPTING AND RESERVING THEREFROM EXCLUSIVE EASEMENTS FOR PORCHES AND INCIDENTAL PURPOSE OVER THOSE AREAS SO DESIGNATED IN THE CONDOMINIUM PLAN REFERRED TO IN PARCEL 1. PARCEL 3: AN EXCLUSIVE EASEMENT FOR PORCH AND INCIDENTAL PURPOSES OVERTHAT/THOSE SPACE(S) DESIGNATED IN THE CONDOMINIUM PLAN REFERRED TO IN PARCEL 1 AS P-104. (Commonly known as: 119 E. ALTA STREET, UNIT A, ARCADIA CA)