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John & Darlene Cox - 111 N. Fifth Avenue
I. , Ei ,_ iii.: .,:— c7.fil arcadia redevelopment agency c�1 Y OF ARCAnIA September 17, 2001 CITY CLERK TO: Jerry Parker, Financial Services Manager/Treasurer - FROM: v Pete Kinnahan, Economic Development Administrator SUBJECT: Agency Second Trust Deed (Cox) The Agency, in order to relocate the Cox family from a unit at 111 North Fifth Avenue, the site of the Hale/Waken Office Project, loaned the Coxes $7,720 as a no-interest loan secured by the property the Coxes acquired in Adelanto (10553 Joshua Street). This procedure is commonly called a "silent second," and is repayable to the Agency upon sale or transfer of the property. (It was concurred in by our consultant, Pacific Relocation Consultants, approved legally by Kevin Randolph of BBK, and approved by Don Penman.) - Enclosed is a copy of the executed "Promissory Note Secured by Deed of Trust" dated August 23, 2001. (The original is being. forwarded to the Agency Secretary.) The recorded copy should come to us within the next two weeks and a copy will be provided to you and the Clerk. You may need to post this on the Agency's financial records as a receivable. Please call me if you have any questions. PK:kb cc: un_e_ACford,-Agency Secretary (with original of Promissory Note) Jerry Parker, copy of Promissory Note Don Penman, copy of memo only Julia Miranda, PRC — copy of memo only Kevin Randolph, BBK — copy of memo only _ m 41661 Ent Circle North, Ste. 129 • C�111s11®11V1—��th e se Temecula, CA 92591 COMMONWEALTH LAND TITLE COMPANY (909) 296-1718 ATTN: JULIA MIRANDA Date: September 7, 2001 PACIFIC RELOCATION Escrow No. 0910550-DL 100 W. BROADWAY, SUITE 300 Borrower: MR. AND MRS. JOHN L. COX LONG BEACH, CA 90802 RE: Loan: COX, John L. & Darlene S. Property Address: 10553 JOSHUA STREET ADELANTO, CA 92301 We enclose herewith the following items: - HUD/Closing Statement(s) - ORIGINAL NOTE, DATED 8/23/2001, $7,720.00, EXECUTED BY BORROWERS Sincerely, COMMONWEALTH LAND TITLE COMPANY Donna Lansing Escrow Officer PROMISSORY NOTE SECURED BY DEED OF TRUST $7,720.00 August 23, 2001 FOR VALUE RECEIVED, THE UNDERSIGNED, JOHN/ COX AND DARLENE S. COX, husband and wife ("Maker"), promise to pay to THE ARCADIA REDEVELOPMENT AGENCY ("Holder"), a California public agency located at 240 West Huntington Drive, Arcadia, California 91006-2021 (or at such other place as Holder may specify from time to time in writing), the principal sum of Seven Thousand Seven-Hundred Twenty Dollars ($7,720.00). The individuals constituting the Maker shall be jointly and severally liable for the performance of Maker's obligations hereunder. This Promissory Note is made with reference to that certain "Confidential Settlement Agreement and General Release" dated August 23, 2001 for reference purposes only ("Agreement") between Maker and Holder and the Property described thereunder ("Property"). All initially capitalized terms used but not otherwise defined in this Note shall have the meanings assigned to such terms in the Agreement. The Maker's obligations under this Note are secured by the lien of a Deed of Trust of even date herewith. 1. Unless sooner repayable upon an Event of Default (as provided below) Maker will pay to Holder the principal amount of this Note upon any voluntary or involuntary transfer of any portion of the Property ("Maturity Date") including any voluntary or involuntary private sale,judicial sale, forced sale, foreclosure sale, conveyance, alienation, bequest, inter vivos gift, gift causa mortis,testamentary transfer or intestate transfer. 2. No interest shall accrue on this Promissory Note. 3. All payments due hereunder are payable in lawful money of the United States of American in same day funds. This Note may be prepaid in full at any time without penalty. 4. Upon the occurrence of any of the following, an "Event of Default" shall be deemed to have occurred and the Holder may, at Holder's option, without prior notice, declare the unpaid balance of this Note to be immediately due and payable, and the same shall immediately become due and payable: RVPUB\KCV\617967 r k 4.1 Maker shall (i) become insolvent or unable to pay Maker's debts generally as they mature, (ii) make a general assignment for the benefit of creditors, (iii) admit in writing Maker's inability to pay Maker's debts generally as they mature, (iv) file or have filed against it a petition in bankruptcy or a petition or answer seeking a reorganization, arrangement with creditors or other similar relief under the Federal bankruptcy laws or under any other applicable law of the United State of America or any state thereof, or (v) consent to the appointment of a trustee or receiver for it or for a substantial part of Maker's property; or 4.2 Any order, judgment or decree shall be entered appointing, without Maker's consent, a trustee or receiver for it or for a substantial part of Maker's property. Notwithstanding the above, in the event of an actual or deemed entry of an order for relief with respect to Maker under the Federal Bankruptcy Code, this Promissory Note and all interest and other amounts due hereon shall automatically become and be due and payable, without presentment, demand, protest or any notice of any kind, all of which are hereby expressly waived by Maker. The Holder may exercise Holder's option to accelerate after any Event of Default, regardless of any prior forbearance. 5. It is the intention of Maker and Holder to conform strictly to the usury laws now or hereafter enforced in the State of California, and any interest payable under this Promissory Note or any of the other documents to be executed by Maker in connection with the loan made or to be made hereunder, shall be subject to reduction to the amount not in excess of the maximum nonusurious amount allowed under the usury laws of California as now or hereafter construed by the courts having jurisdiction over such matters. 6. The unenforceability or invalidity of any provision of this Promissory Note as to any persons or circumstances shall not render that provision unenforceable or invalid as to any other person or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. 7. This Promissory Note shall bind Maker and Maker's successors and assigns and the benefits hereof shall inure to Holder and Holder's successors and assigns. 8. The validity, interpretation and performance of this Promissory Note shall be governed by and construed in accordance with the Laws of the State of California. 9. Time is of the essence of this Promissory Note. 10. Maker and all other persons liable or to become liable for all or part of this indebtedness, jointly and severally waive demand, presentment for payment, notice of nonpayment, protest and notice of protest hereon, and agree to pay, in the Event of Default hereunder, all costs of collection, including reasonable attorneys fees of Holder, whether or not suit is commenced. RVPUB\KCV\617967 11. The Holder and the Maker acknowledge and stipulate that the obligation hereunder was entered into in the City of Arcadia, Los Angeles County, California. 12. MAKER ACKNOWLEDGES THIS NOTE IS DUE UPON ANY SALE OF THE PROPERTY INCLUDING ANY VOLUNTARY OR INVOLUNTARY TRANSFER OF ANY PORTION OF THE PROPERTY OR ANY VOLUNTARY OR INVOLUNTARY PRIVATE SALE JUDICIAL SALE, FORCED SALE, FORECLOSURE SALE, CONVEYANCE, ALIENATION, BEQUEST, INTER VIVOS GIFT, GIFT CAUSA MORTIS, TESTAMENTARY TRANSFER OR INTESTATE TRANSFER. .- A Coxes Initials I [Signatures on Following Page] RVPUB\KCV\617967 • MAKER JOHN J. COX AND DARLENE S. COX, husband and w.fe By AdYCox By: Darlene S. Cox RVPUB\KCV\617967 A. SETTLEMENT STATEMENT U.S. DEP&RTMENT OF HOUSING AND URBAN DEVELOPMEF B. Type of Loan 1. [ ]FHA 2. [ ]FmHA3. [X]Conv Unins. 6. File number 7. Loan Number 8. Mortgage Insurance Number 4. [ ]VA 5. [ ]Conv. Ins 0910550-DL 251015116 C. NOTE: THIS NOTE IS FURNISHED TO GIVE YOU A STATEMENT OF THE ACTUAL SETTLEMENT COSTS. AMOUNTS PAID TO AND BY THE SETTLEMENT AGENT ARE SHOWN. ITEMS MARKED "(P.O.C.)" WERE PAID OUTSIDE OF THE CLOSING; THEY ARE SHOWN HERE FOR INFORMATIONAL PURPOSES AND ARE NOT INCLUDED IN THE TOTALS. D. Name and Address of Borrower E. Name and Address of Seller F. Name and Address of Lender JOHN L. COX PICKET FENCES I-ADELANTO 148, LLC. H & R BLOCK DARLENE S. COX 6678 OWENS DR 10553 JOSHUA STREET 40925 COUNTY CENTER DRIVE, #110 PLEASANTON, CA 94588 ADELANTO, CA 92301 TEMECULA, CA 92591 G. PROPERTY LOCATION: H. Settlement Agent 10553 JOSHUA STREET COMMONWEALTH LAND TITLE COMPANY ADELANTO, CA 92301 Place of Settlement I. Settlement Date 41661 ENTERPRISE CIRCLE NORTH, STE. 129 TEMECULA, CA 92591 08/31/01 J. SUMMARY OF BORROWER'S TRANSACTIONS K. SUMMARY OF SELLER'S TRANSACTIONS RO S' NIO.UNT D:UE:FROIVI.BORROVIIER' 40:0..::GROSS A'M:O:UNT DUE TO SELLER 101. CONTRACT SALES PRICE 110,681.00 401. CONTRACT SALES PRICE 102. PERSONAL PROPERTY 402. PERSONAL PROPERTY 103. SETTL. CHRGS.TO BORROWER (LINE 1400) 7,139.73 403. 104. 404. 105. 405. Adjustments for items:paid by sef[er m advance : Adjustments for rterns paid f y seller in advance 106. CITY/TOWN TAXES 406. CITY/TOWN TAXES 107. COUNTY TAXES 407. COUNTY TAXES 108. ASSESSMENTS 408. ASSESSMENTS 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower 117,820.73 420. Gross Amount Due To Seller 200. AMOUNTS PAIID BY O:R NN BEHALF.OF.BORROWER 500 .REDUCTIONS IN AMOUNT DUE TO SELLER 201. DEPOSITS 8,220.00 501. EXCESS DEPOSIT (SEE INSTRUCTIONS) 202. PRINCIPAL AMOUNT OF NEW LOAN(S) 88,545.00 502. SETTL. CHRGS. TO SELLER (LINE 1400) 203. EXISTING LOAN(S) TAKEN SUBJECT TO 503. EXISTING LOAN(S) TAKEN SUBJECT TO 204. JOHN COX 7,31 1.42 504. 205. CITY OF ARCADIA FOR CREDIT 14,280.00 505. 206. 506. 207. 507. 208. 508. 209. 509. >: ::i ll r>:::.. Ad ustments.for.items un aid b selfet 210. CITY/TOWN TAXES 510. CITY/TOWN TAXES 21 1. COUNTY TAXES: 07/01/01 TO 08/31/01 41.12 51 1. COUNTY TAXES 212. ASSESSMENTS 512. ASSESSMENTS 213. 513. Escrow•#: 0910550-DL - Page: 2 L. SETTLEMENT STATEMENT 700 TOTAL :SALES/BROK:E:Ei S C.OMMIS:SION :> >' PAID FROM PAID FROM Based on price $ 110,681.00 @ 0.00% BORROWER'S SELLER'S FUNDS AT 701. SETTLEMENT SETTLEMENT 702. 703. 704. COMMISSIONS PAID AT SETTLEMENT 800 ITEMS.P4YAB.LE IN.C:ONNECTION..>.WITH.;LOAN.: 801. LOAN ORIGINATION FEE TO H & R BLOCK 3,984.53 802. LOAN DISCOUNT 803. APPRAISAL FEE TO H & R BLOCK 450.00 804. CREDIT REPORT 805. LENDER'S INSPECTION FEE 806. MORTGAGE INSURANCE APPLICATION FEE 807. ASSUMPTION FEE 808. TAX SERVICE TO H & R BLOCK 70.00 809. UNDERWRITING FEE TO H &R BLOCK 695.00 810. FLOOD SEARCH FEE TO H & R BLOCK 1 2.00 811. . ................ 9.00 ..1T.:EMS !REQUIRED BY:;LENDEiR TO;BE.PA D IN A:DVAN:CE . . :::... 901. INT.26.44/DAY 08/31/01-09/01/01 TO H & R BLOCK _ 26.44 902. MORTGAGE INSURANCE 903. STATE FARM INSURANCE FOR FIRE INSURANCE 279.00 904. 905. 1001. HAZARD INSURANCE AT $23.25/MO FOR 3 MOS TO H &R BLOCK 69.75 1002. MORTGAGE INSURANCE 1003. CITY PROPERTY TAXES 1004. COUNTY PROPERTY TAX AT $115.29/MO FOR 6 MOS TO H & R BLOCK 691.74 1005. ANNUAL ASSESSMENTS 1006. 1007. 1008. AGGREGATE RESERVES TO H & R BLOCK -69.73 1::100 ;::ESCROW AND::TITLE..>CHARGES 1101. ESCROW FEE TO COMMONWEALTH LAND TITLE COMPANY 400.00 1102. ABSTRACT OR TITLE SEARCH 1103. TITLE EXAMINATION 1104. TITLE INSURANCE BINDER 1105. DOCUMENT PREPARATION 1106. NOTARY FEES 1107. ATTORNEY'S FEES 1108. TITLE INSURANCE TO COMMONWEALTH LAND TITLE COMPANY 300.00 1109. LENDERS COVERAGE $ 1110. OWNERS COVERAGE $ 1 1 1 1. MESSENGER SERVICE TO COMMONWEALTH LAND TITLE COMPANY 50.00 1112. 1113. E RDING..AND:::TRANSFER:`:CHARGIES 1201. RECORDING FEES: DEED $9.00; MORTGAGE $47.00; RELEASES $ TO COMMONWEALTH 56.00 1202. CITY/COUNTY TAX STAMPS 1203. DOCUMENTARY TRANSFER TAX TO COMMONWEALTH LAND TITLE COMPANY 1204. 1205. DDITIONAL:::SETTLEMENT CHARGES :::>:: .. . 1:300..A. _.:_...._. _ __.. 1301. SURVEY 1 302. PEST INSPECTION 1303. ON THE GO SIGNING SERVICE FOR NOTARY FEE 125.00 mmEmmommmommr f 'f: CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE between THE ARCADIA REDEVELOPMENT AGENCY a California municipal corporation and JOHN/COX and DARLENE S. COX Lo husband and wife [Dated as of August 23, 2001 for reference purposes only] RVPUB\KCV\617991 CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE ARTICLE 1. PARTIES AND EFFECTIVE DATE 1.1 Parties. This Confidential . Settlement Agreement and General Release ("Agreement") is entered between (i) The Arcadia Redevelopment ("Agency"), a California municipal corporation,and(ii)John/. Cox and Darlene S. Cox(collectively"Coxes"),husband and wife. 1.2 Effective Date. This Agreement is dated as of August 23, 2001 for reference purposes only. This Agreement will not become effective until the date("Effective Date")that this Release has been executed by the authorized officials of the Agency and the Coxes. ARTICLE 2. RECITALS 2.1 On June 5,2001,the Agency entered into an agreement with the Fifth Avenue Group for the construction of an office development project("Project")on property where the Coxes reside located at 111 North Fifth Avenue,Apartment 11,Arcadia, California 91006. On June 6,2001 the Coxes received a Notice of Eligibility and Conditional Entitlement Letter("Conditional Entitlement Letter") from Pacific Relocation Consultants, attached as Exhibit "A" and incorporated herein by reference. The Conditional Entitlement Letter informed the Coxes of certain benefits they were entitled to under the Agency's Relocation Assistance Program ("program"), including Relocation Advisory Assistance, Moving Expenses, and a Replacement Housing Payment. 2.2 The Conditional Entitlement Letter stated that the Coxes were entitled to a Replacement Housing Payment in the amount of approximately Fourteen Thousand Two Hundred Eighty Dollars ($14,280) for the purposes of either renting or buying replacement housing. 2.3 The Coxes decided to apply their Replacement Housing Payment toward the purchase property in Adelanto, California ("Property") described in detail in Exhibit "B," and commonly RVPUB\KCV\617991 -1- termed 10553 Joshua Street. The Coxes opened escrow on the Property which required a down payment of approximately Twenty Eight Thousand Dollars ($28,000). 2.4 The Coxes allege, and the Agency denies, that the Agency is responsible for paying Replacement Housing Payment in the amount of approximately Twenty Two Thousand Dollars ($22,000) and possibly as much as Twenty Eight Thousand Dollars ($28,000). The foregoing dispute is hereinafter referred to as the "Controversy." 2.5 By their execution of this Agreement,the Agency and the Coxes desire to settle,once and for all, any and all claims which the Coxes may have against the Agency related to the Controversy or otherwise arising under or related to the Project,Program or Replacement Housing Payment,whether such claims are known or unknown,foreseeable or unforeseeable,past,present or future. The Coxes acknowledge that they may have suffered costs, expenses or damages of which they are not aware,but that they nonetheless intend to effect a full and complete settlement of such known and unknown claims. For purposes of this Agreement,the term"Released Matters"includes the Controversy and any past,present or future,known or unknown,claim,cause of action,demand or liability related to or any way arising from the Project, Program or Replacement Housing Payment. The term "Released Matters" does not include any breach of this Agreement. ARTICLE 3. TERMS 3.1 Settlement Payment and Settlement Loan. In consideration of the Coxes'waiver and release as provided in Section 3.3 and their other obligations set forth herein,the Agency shall pay the Coxes a sum not to exceed Fourteen Thousand Two Hundred Eighty Dollars ($14,280) ("Settlement Payment"). The Settlement Payment shall only be used for the down payment and incidental purchase expenses of the Property, under the terms and conditions set forth in the Conditional Entitlement Letter, attached as Exhibit "A" and incorporated herein by reference. In consideration of the Coxes'waiver and release as provided in Section 3.3 and their other obligations set forth herein, the Agency shall loan the Coxes the additional sum of Seven Thousand Seven Hundred Twenty Dollars ($7,720) ("Settlement Loan") pursuant to the terms and conditions of a RVPUB\KCV\617991 -2- Promissory Note("Note"),attached as Exhibit"C" and incorporated herein by reference,which Note is secured by the lien of a Deed of Trust,in the form attached hereto as Exhibit"D"and incorporated herein by reference. The Deed of Trust shall occupy a priority position not less than second as to all other non-statutory liens and encumbrances. The Agency shall deliver to Escrow holder on or before the Close of Escrow the Settlement Payment and Settlement Loan as provide in Section 3.2. 3.2 Escrow Instructions.This Agreement shall constitute instructions of Agency and the Coxes.to Escrow Holder with respect to the transaction as described herein. The parties agree to execute such additional pro forma instructions or letter of acceptance as Escrow Holder may reasonably require;provided,however that in the event of any inconsistency between this Agreement and such additional instructions, this Agreement will govern. 3.2.1 Opening of Escrow. Not later than one(1)business day following the date of execution of this Agreement by the Agency and the Coxes,the Agency and the Coxes shall cause to be deposited with their Escrow Holder a fully executed copy of this Agreement or executed counterparts. Escrow Holder shall insert the date of receipt of the executed copy of this Agreement into the"ACCEPTANCE BY ESCROW HOLDER"which will be attached to this Agreement by the Escrow Holder upon receipt, and shall notify the parties of the date of such receipt, and such date shall be referred to herein as the "Opening Date." 3.2.2 Close of Escrow; Closing Date. "Closing"or"Close of Escrow"shall mean the date on which the Grant Deed for the Property, conveying title to the Coxes, is recorded in the Official Records of the County Recorder of San Bernardino County, California. Provided that this Agreement is not terminated earlier pursuant to the terms and provisions hereof,and provided that all of the conditions precedent to the Close of Escrow set forth in this Agreement have been approved or waived as herein provided,the parties will utilize their best efforts to ensure that Escrow closes on or before August 31,2001 ("Closing Date"). If Escrow is not in a condition to close by such date,then it will close as soon thereafter as all of the conditions described herein have been satisfied or waived. The Agency shall be irrevocably released and excused from the Agency's obligation to pay any remaining portion of the Settlement Loan if the Agency has performed its obligations hereunder,and RVPUB\KCV\617991 -3- failure to close Escrow results from a material default by the Coxes. If the County Recorder of San Bernardino, California is closed on the last day for closing Escrow, the parties agree that Escrow Holder shall have until the next day the Recorder is open to record the Grant Deed and close Escrow. • 3.2.3 Documents and Funds. Not later than 5:00 p.m.on the last day preceding the Closing Date, the parties will deliver or will assure that the following documents and funds have been delivered to Escrow Holder: 3.2.3.1 From the Agency. The Agency will provide (i) the Settlement Payment in the sum of Fourteen Thousand Two Hundred Eighty Dollars ($14,280)in immediately available funds as described in Section 3.1; (ii)the Settlement Loan in the sum of Seven Thousand Seven Hundred Twenty Dollars($7,720)in immediately available funds as described in Section 3.1; and(iii)all other documents and sums required by Escrow Holder in order to allow Escrow to close. 3.2.3.2 From the Coxes. The Coxes will provide (i) the balance of the Purchase Price of the Property in immediately available funds; and(ii)a fully executed Promissory Note in the same form as that attached hereto in Exhibit "C"; (iii) a fully executed and notarized Deed of Trust in the same form as that attached hereto in Exhibit "D"; and (iv) all other sums and documents required by Escrow Holder in order to allow Escrow to close. 3.2.4 Costs of Escrow. All fees costs associated with processing the Escrow shall be paid by the Coxes. Escrow Holder shall provide an estimated closing statement to the Coxes at least three(3) days prior to the Closing Date. Each party will be responsible for payment of its own attorneys' fees with respect to the negotiation and preparation of this Agreement. 3.2.5 Escrow Cancellation Charges. In the event this Escrow fails to close by reason of default of either party hereunder, the defaulting party shall be liable for all Escrow cancellation charges. RVPUB\KCV\617991 -4- 3.2.6 Closing Procedure. Upon receipt of the funds and instruments described in Section 3.2.3, and upon satisfaction or waiver of all conditions set forth in this Agreement,Escrow Holder shall: 3.2.6.1 Record the Grant Deed,Record the Trust Deed and Deliver Note. Record the Grant Deed for the Property, record any security instrument of no more than one other lender providing financing for the Property's acquisition, and record the Trust Deed in the Official Records of San Bernardino County, California and deliver the Note to the Agency. 3.2.7 Facsimile; Counterpart Documents. In the event that Agency or the Coxes utilize "facsimile" transmitted signed documents, the parties hereby agree to accept and instruct Escrow Holder to rely upon such documents as if they bore original signatures. The parties hereby acknowledge and agree to provide to Escrow Holder, within seventy-two (72) hours after transmission, such documents bearing the original signatures. Agency and the Coxes further acknowledge and agree that facsimile documents bearing non-original signatures will not be accepted for recording and that the parties will provide originally executed documents to Escrow Holder for such purpose. Escrow Holder is authorized to utilize documents which have been signed by the Agency and the Coxes in counterparts. 3.2.8 Brokers' Commissions. The Agency and the Coxes each represent and warrant to the other that no broker, agent or finder has been engaged by them in connection with the transaction described in this Agreement. Each of the parties shall indemnify and defend the other party and hold it harmless from any and all loss, damage, liability or expense, including costs and reasonable attorneys' fees,which the other party may incur or sustain by reason of or in connection with any misrepresentation or breach of warranty by the indemnifying party with respect to the foregoing. 3.2.9 General Provisions. To the extent that they are consistent with this Agreement,Escrow Holder's general provisions which are incorporated herein by reference and will be binding upon the parties;provided,however,that in the event of any inconsistency,the terms of this Agreement will control. RVPUBUCCV\617991 -5- 3.3 Release. For and in consideration of the Settlement Payment and Settlement Loan as provided in Sections 3.1 and 3.2, the Coxes agree (for themselves, their heirs, affiliates, representatives, successors and assigns)to vacate their present residence located at 111 North Fifth Avenue,Apartment 11,Arcadia,California on or before August 24,2001 and hereby release,waive, and discharge the Agency and their respective officers, officials, employees, agents, volunteers, contractors and attorneys from any and all alleged and actual claims, damages,remedies, causes of action,demands,and other liabilities(collectively, "Liabilities")arising out of or in any way related to the Released Matters. The foregoing release and waiver applies to all Liabilities, whether retrospective, current, or prospective, known or unknown, foreseeable or unforeseeable. In light of the above, the Coxes acknowledge that they are aware of the provisions of California Civil Code Section 1542,which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. This Release has been negotiated in contemplation of Civil Code Section 1542. Consequently,the Coxes hereby waive,to the maximum legal extent,the benefits and protections of Civil Code Section 1542 and all other state and federal statutes and decisional authority of similar effect. The Coxes represent and warrant to the Agency that they have not previously assigned, transferred or conveyed any right or claim related to the Released Matters. The Coxes shall defend, indemnify and hold the Agency and their respective officers,officials,employees,agents,volunteers, contractors and attorneys harmless from any breach of the foregoing representation and warranty. 3.4 Confidentiality of Documents. As material consideration to the Agency hereunder, the Coxes covenant, warrant and agree to not disclose, orally or in writing, whether as copies, RVPUB\KCV\617991 -6- synopses or in any other form, to any person or entity other than in compliance with an order of a court, any of the following: (1) This Agreement and its Exhibits,the content thereof, or any of its terms and conditions; (2) Any letters, memoranda, notes or similar written documents in the Coxes possession or under their control relating to the Controversy,the Program,the Replacement Housing Payment; copies of any Agency documents, notes, letters,internal memoranda or other written documents concerning the Coxes, the Program, the Replacement Housing Payment; or any other written communication which refers to, relates to or is any way connected with the Controversy, whether or not authored by the Coxes. Upon the Coxes'breach of the covenant contained in this Section 3.4, the Agency shall have the right to terminate this Agreement, declare it void ab initio, and to recover from the Coxes the amount of the Settlement Payment and Settlement Loan as provided in Sections 3.1 and 3.2. Furthermore,any breach of this Agreement by the Coxes shall constitute a cross default under the Promissory Note and Deed of Trust,and,upon such breach the Agency may exercise any and all remedies available to it for an event of default under the Promissory Note and Deed of Trust. 3.5 Nonliability of Agency Officials and Employees. No board member, official, contractor, consultant, attorney or employee of the Agency shall be personally liable to the Coxes, any successor or assignee, in the event of any default or breach by the Agency, or for any amount which may become due to the Coxes or to its successors or assignees, or on any obligations arising under this Agreement. 3.6 Jurisdiction and Venue. Any action or proceeding concerning this Release shall be filed and prosecuted in any appropriate California court with jurisdiction. Each party hereto irrevocably consents to the personal jurisdiction of the court. The Agency and the Coxes each hereby RVPUB\KCV\617991 -7- expressly waive the benefit of any provision of law providing for a change of venue to any other court,including,without limitation,federal district court,due to any diversity of citizenship between the Agency and the Coxes or due to the fact that the Agency is a party to such action or proceeding. Without limiting the generality of the foregoing,the Coxes specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394 or other state or federal statutes or judicial decisions of similar effect. 3.7 Interpretation; Governing Law. The Agency and the Coxes acknowledge that this Release is the product of mutual arms-length negotiation and drafting and that each party has been represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly,the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties hereto. This Agreement shall be interpreted in accordance with California statutes and decisional law, without regard to conflict of laws principles. 3.8 Counterpart Originals;Integration. This Agreement maybe executed in duplicate originals,each of which is deemed to be an original,but when taken together shall constitute but one and the same instrument. This Agreement and its Exhibits represent the entire understanding of the parties. 3.9 No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition,nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. RVPUB\KCV\617991 -8- 3.10 No Unintended Third Party Beneficiaries. The performance of the Agency's and the Coxes' respective obligations under this Agreement is not intended to benefit any persons or entities other than the Agency and their respective officers,officials,employees,agents,contractors and attorneys and the Coxes. No person or entity not a signatory to this Agreement shall have any rights or causes of action against the Agency or the Coxes as a result of that party's performance or non-performance under this Agreement. 3.11 Attorneys' Fees. In the event of the bringing of an action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement or any other dispute between the parties concerning this Agreement, then, in that event, the prevailing party in such action or dispute, whether by final judgment or out of court settlement,shall be entitled to have and recover of and from the other party all costs and expenses of suit or claim,including actual attorneys'fees. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit or claim,including actual attorneys'fees(collectively,the"Costs")incurred in enforcing,perfecting and executing such judgment. For the purposes of this Section 3.11, Costs shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (i) post judgment motions, (ii) contempt proceedings, (iii) garnishment, levy, and debtor and third party examination; (iv) discovery; and (v) bankruptcy litigation. This Section 3.11 shall survive the expiration or termination of this Agreement. 3.12 Opportunity to Consult Legal Counsel. The Coxes acknowledge that the Agency has advised them that they should consider seeking the advice of legal counsel concerning the legal effect and meaning of this Agreement. The Coxes represent and warrant to the Agency that they have either done so and that such counsel has explained to them the meaning and effect of this Agreement and that the Coxes fully understand the same, or that the Coxes have made a knowing waiver of their right to seek independent legal review and advice. r oxes Initials RVPUB\KCV\617991 -9- 3.13 Each Party to Bear Their Own Costs. Except as maybe provided by Section 3.11, the Agency and the Coxes shall each bear their own respective legal expenses and costs incurred in the preparation and review of this Release. [Signatures on following pages] RVPUB\KCV\617991 -10- • SIGNATURE PAGE TO CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE AGENCY: THE ARCADIA REDEVELOPMENT AGENCY a California municipal corporation By: 560440 William R. Kelly ( Zkq) Executive Director Dated: 6127'.t00 f ATTEST: ncy Secretary APPROVED AS TO LEGAL FORM: BEST BEST &KRIEGER LLP ifxbcc 4,64 .) Agency Attorney RVPUB\KCV\617991 -11- SIGNATURE PAGE TO CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE COXES: JOHN J. COX AND DARLENE S. COX, husband and wife By: ,Cox Dated: ;73rC'/ By: Darlene S. Cox Dated: ' 1 23 RVPUB\KCV\617991 -12- EXHIBITS TO CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE Exhibit "A" Notice of Eligibility and Conditional Entitlement Letter Exhibit A RVPUB\KCV\617991 -13- AUG.17.2E101 11:12RM PACIFIC RELOCATION 562 495 0689. 1 • . NO.196 P.2/4 _ •• . . . .• . •• , . . ,:,( ) . .. .• — • • • . . . • . . . • : • * NOTICE OF ELIGIBILITY AND CONDITIONAL ENTITL EMENT LETTER :. • • . . . . June 6,2001 ' .• . - . ' . • . . . - • . • . . • . , . , . • . " . .. ' . ., . - • .. . . . . . , . . . . , . •• . John Cox& • • . • • . . • , . • . . . .. . . . . : • • • Darlene Cox • . . - • • .... . • . _. . • . • . , ". •. . . .• • ' 111.N.Fifh Ave . . . . .. „. . • ' . resclia,CA 9100-6 - • . . . ' - ' . • .• • . • • A • . . - . . .• . .- • - . . . . , - . • . . • . , . . . .. , ...• . . . , Dear•Mr..4.‘MrS.Cox: . . • . ' • . . . • • . . . _ . . . • - • - • . • . . - . ' , . • . . .. . . . :- •: . . 0 On June 5,2001,the Arcadia Redevelopment Agency("Agency”)entoredinto an agreement with' ,: • . • . • . ••• , • •-•.• .the Fifth Avenue Group for the construction of an!office development Project on property which you ' •, • currently reside. As the eligible occupant of the property,you are entitled to certain benefits under .. : • • •• . - . .. the Agency's Relocation Assistance Pregram. These benefits are briefly Outlined below and are . • , discussed in further detail in the Informational Statement,anothercopY of:which is provided for your. • .. . . inormation. . ... • . f • i . . . ... • • ... . • ,,.. ., • .You will receive,frOm your current landlord, • •lord,a Written 90.7day notice before you will be required it .; . fik . ° to move from your dwelling unit;As the occupant ofthe property on the date ofthe first written offer . . .(August 20,2000),you are entitled to: . , • • 0 •PACIFIC . . . . . : RELOCATION . • - . ' ' • i '. • . . ' . . . ' . .• . . CONSULTANTS ....1. RELOCATION Al ASSISTANCE provided by Pacific Relocation Consultants, .. . . . • • • - • a firm hired bythe Agency.to provide relication assistance to.you. . - '• . . • • . . •• .. -• . . . . , .• . . . , • 1 • ' . , . . . . . ' . • •'. • : 2. . • MOVING EXPENSES.You may select either one of following paYnients:•. • -• • •• •10D WEST BROADWAY - • • • . .. • • , i . - . • . . • LONG BEACH . • A. .. A Fixed Moving Payment based dn the number of rooms you occupy(See attached • • •-• • CALIFORNIA E0e02-4432 -. Informational Statement).Your entitlement under this option•is S650.00,;OR. ' . • TEL(582)S908564 ' I• . . .. . . . . 'FAX(582)49.50089' ' " B. . A payment for your Actual Reasonable Moving and Related Expenses based an at - • . - .• • _ . •. • , . least two written estimates and redpipted bills. You may claim the ACTUAL cost of •' . O• . ' . •. • moving your personal property'Tito 50 miles. 0 • - . . . - • . • . - . i • • • • , .• . . - 3. REPLACEMENT HOUSING PAYMENT.If you occupied the property for 90 consecutive- . . • days or more immediately preceding the date of the written offer to acquire the property,you , • • . . , • may be eligible.forfinancial assistance to purchase or rent comparable replacement housing.• . _.• • • i. : • ' To receive such payments,you must rent or purchase your replacement dwelling within one . . . • (1)year from the date of vacating your displacement dwelling.Failure to act within the one . . • . . . • (1)year period could result in loss.of all i'eplacement housing benefits.This assistance IS . . , •• composed of the following replacement hOusing benefits: . .. • . . . • . • - • . . • . . . . . , • . A. If you RENT replacement housing,you may file a claim for: . - ' 0 . . . . . ; . . . • . • . . A RENTAL ASSISTANCE payment equal to the difference between the lesser of!) •;•• . • • . ' the monthly rent and estimated average monthly cost of utilities for a comparable . . . . • • . _ . . replaceinent dwelling as determined by the Agency,or 2)the.actual monthly rent of '•.. ; 'OTHER OFFICES ' • yourreplacement dwelling and estimated average monthly cost of utilitieSAND.the . . , , • OAKLAND . ' base motrthly rent during the three months immediately prior to vacation from the . . . • ,Paw siiaiNos • '' 0 SACRAPAENTO . •displaCement dwelling,multiplied tirdes 42 monthslElase monthly rent is defined as • • • • SAN •' • • , .-NOTICE OF ELIGIBILITY . PAGE 1 OF 3 ' . MOO)40O-RELO• • . . , ' . I . . . . . . . . , . . • ' • • • •• . • _ • www.pacralp,corn . . • . . . ' " . , • . , . . . • . • • .• . . .. . . • .. . . . .. . • i . • . . • . . . • Ex ./4 - .- RUG.17.2001 . 11;12AN .PACIFIC RELOCATION 562 495 08$9 NO.196 P.3/4 . . - , • s . • the lesser of I) the average.monthly rent and estimated average monthly cost of i • • • utilities at the displacement dwelling,or 2)thirty(30)percent of your gross monthly ' household income,or 3)ifyou'are receiving awelfare assistance payment,the portion • • ..: - of.such payment that is specificifly designated for shelter and utilities.If you are • paying little or no rent for the acquired dwelling,the Rental Assistance payment will - • be based on"economic rent",that is rent typically charged for a comparable unit in your area. • Failure to supply adequate incor{�e information may result in a delay or denial of ; ' benefits based on income;Rental;assistance benefits are paid in.a single payment or • in installments,,depending.on the payment amount. Based on the information you • . .provided and the scheduled rent described below,your estimated rental assistance • ' • - • • .payment calculation is as follows; Current Rent+ Utility allowance, • . • ($425,00+.$0,00) - • ` .$425.00 2 Current Total Gross Morithl�l Household Income $3,833.44 • . • 0.3 . • • Ability-To-pay Rent.(30%of Line 2) $1,150,03 . - ' 4• ••Rent foi'Comparable Replacement Dwelling*+-Utility allowance' - • ($700,00+ s5:oo) �7e5.00 5 • •' •.' ' Lower of Gurrent Rent OR Ability-To-Pay • $425,00., .•• . t3 ' Monthly Rental Need(Line 4.minus Line 5).• • • • $340.00 • - 7. • Estimated Total 42 Months Eligibility(Line 6 times 42) • $14,280.00 • ' ' . - : • ,* A schedule method was used in;determining.comparable replacement rents based . - 'on a current analysis of the housing market. Based on this.analysis,.comparable ,•. • ' : • Studio Units in this housing market area are available at costs of$700.00 per month.. ' .• . ' . •- Based on your current rent,scheduled rent,and income inform ation you provided to • , . •, , , , us, you may be eligible for a rencal•assistance payment as calculated in the table • • • . above,.If you decide to rent a replacement dwelling that costs less than the scheduled • rent,the rental-assistance payment would be based on the actual rent amount for the • • ' :• -• , replacement dwelling.If you decide to rent a replacement dwelling that costs more - than the-scheduled rent,the rental;assistance payment would still be based on.the . a'' - • •. ' .scheduled rent. You do not havei to accept any dwelling referred to you by the _ Agency. You may choose your ovyn replacement, but'it must be"decent, safe and _•• • . ' sanitary" (as defined in State of California relocation guidelines) to qualify for • • . - replacement housing payments. • ., • ' B. • •If you BUY replacement'housing,you may file a claim for: • ` • DOWNPAYMENT ASSISTANCT, You may use the full amount of your rental assistance payment for a down payment and, incidental purchase expenses on a ' . • . - • • '• • replacement dwelling.All amountsiused as a downpayment and incidental expenses . • •. must be applied to the purchase of the replacement dwelling,Ifyou have received any '' • . • • . . ' amount as rental supplements,then;those amounts will be deducted from all eligible.• down payment calculations. . :• •• . IIOTJCE OF ELIGIBILITY . PAGE 2 OP 3 ' - . ' - . (r,, • • AUG.17.2001 ' 11:13RM , PAr WIC RELOCATION 562 495 6885, '_ . . NO.196 P.4/4 - - „ l . Before a relocation payment can be issued to.you,your replacement dwelling must be inspected to ' • .:•assure that it meets"decent,safe and sanitary"stapdards.For this reason,DO NOT MOVE from your• home and DO NOT CONTRA,CT.to rent or purchase a replacement dwelling without first contacting • - - your relocation consultant. . -Continue to pay rent to Mr.Arnold Rich ter,your Landlord;until you vacate your dwelling unit Ifyou -remain in occupancy of your present dwelling after your Landlord has completed the sale of the • . , property,you must pay fair market tent to the Fifth Avenue Group for the period of your tenancy,' • • '• • • Failure to pay rent may reduce the replacement housing payment which you are eligible to receive. • The Relocation Assistance Program is very complex.It is important that you read and understand the ' ' ' matters explained in the Informational Statement which was given to'you,If at any time in the future • • • , you Want assistance,please contact - ' •• Laurie Reese : ' . Pacific Relocation Consultants • • •• • • • `100 West Broadway,Suite 300 • • •. • • ' Long Beach,CA 90802-4432, '. . • Telephone: (562)590-8564,Ext.223 - . Sincerely, ;•• • ,' PACIFIC RELOCATION CONSULTANTS • - .. . .. . i flu -c c ' • : Laurie J.Reese _ •• • • Relocation Consultant . • . • • •. Attachment 1• - ' • • . , • ACKNOWl. DQMt;NT • . .'I Was personally contacted by the Agency's Relocation Consultant: I'have had the available , - • • • . . • .• services and entitlements explained to me; including the requirement to rent or purchase a 'replacement dwelling.within one(1)year as outlined above. I have been advised that the • . Agency's Relocation Consultant will be available tip assist me if any questions arise or as. , • • . " • assistance is needed.I have been given a copy of this form letter and a full explanation of ' ' relocation assist ace liable to me. . . i ' • ..•. . Signature: = Date:• • • 64 - --6 1 - -. • . :- H. .-• • • • • •. • • . •• • — . ______. . , - • • • . . . . . .•:. • . - . . • . . . . . . • . ... . . . . • • • • . . • . . . . . . .. .. . . • . . . . • . •• . . • .- • . . . • - . • • •. . • • • • . . • . . •. • . .: .. . .. . • • . ,. . .. . • . . . ,. . , . 7..,,,, • . • . • • — � 7_,s'• •• •• • NOTICE OF ELIGIBILITY •. • ' PAGE 3 OF 3 ' • • EXHIBITS TO CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE Exhibit "B" Description of Property Exhibit B RVPUBUCCV\617991 -14- R8/AUG.20.222158 2_33PN PAc-T-- IC RELOCATION 562 49288 ,5 N0.212 P.2/2 ....�,...��,,.�,..0 &TITLE �` 002 • EXHIBIT"A Lot,122,of Tract No. 15377-6, in the City of Adelanto, County of San Bernardino, State of California, as per Plat recorded in Book 255 of Maps, Pages 86 through 88 inclusive, records of said County. EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances, geothermal steams, brines and minerals (hereinafter collectively referred to as the"Minerals"), which may be found on, or In place under the real property without right of surface entry, together with the:right to enter and use the real property below a depth of five hundred (500)feet of the surface for the following purposes: (1) To test, at anytime, for the presence;of said minerals any where in or under said real properly below the depth of five (500) feet of the • surface; • (2) To construct, maintain and use wells, pumps, mining shafts and drilling equipment under said real property below a depth of five hundred (500)feet of the surface,to excavate, to drill for, to pump, or to mine said minerals from the real property,adjoining or otherwise required, or own rights to any minerals. • Grantee or Its assigns shall not have the right to use or penetrate the surface or, to enter upon, the real property In exercise of its rights hereunder; further, grantee or its assigns shall not have the right to remove or extract minerals within five hundred (500)feet of the surface of said real property. • • • • THIS DEED iS MADE AND ACCEPTED SUBJECT TO; • 1. Current Taxes and Assessments. ' 2. The Declaration and any amendments thereto, and the covenants, } conditions, restrictions, rights, easements, reservations, benefits and burdens therein contained, each and all of which are covenants running with the land established in'accordance with Section 1468 of the California Civil Code for the benefit of and binding upon the parties • hereto and each successive owner Of all or any portion of the land affected thereby and are hereby expressly Incorporated herein by reference as though set out herein in full. 3. All other covenants, conditions, restrictions, rights, rights-of-way and easements of record as wall as any of such matters that are apparent. morniime TO UEA1RUg AND OppRECT CQPY OF THE=ORiGa1NA4 BY • Fx , OOMMONWE;N.Th LAND 7�TlE i . EXHIBITS TO CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE Exhibit "B" Description of Property • • Exhibit B RVPUB\KCV\617991 -14- p8;AUG.20.200168 2:33PM PACIFIC RELOCATION 562 495 OB89b NO. P...,.a..,...,..�. . �u 42 &TITLE ,- / 202 • EXHIBIT"A'S . Lot 1a of Tract No. 15377-6, In the City of Adoianta, County of San Bernardino, State of California, as per Plat recorded in Book 256 of Maps, Pages 86 through 88 inclusive, records of said County. EXCEPTING THEREFROM all all, gas and other hydrocarbon substances, geothermal steams, brines and minerals (hereinafter collectively referred to as the'Minerals"), which may be found on, or In place under the real property without right of surface entry, together with the:right to enter and use the real property below a depth of five hundred (500)feet of the surface for the following purposes: (1) To teat; at anytime, for the presence;of said minerals any where in or under said real.property below the depth of five (500) feet of the • surface; (2) To.construct, maintain and use wells, pumps, mining shafts and drilling equipment under said reel property below a depth of five hundred (500)feet of the surface, to excavate, to drill for, to pump, or to mine. said minerals friam the real property adjoining or otherwise required, or own rights to any minerals. . Grantee or its assigns shall not have the right to use or penetrate the surface or, to enter upon, the real property In exercise of its rights hereunder; further, grantee or its assigns shall not have the right to remove or extract minerals within five hundred (500)feet of the surface of said real property. THIS DEED iS MADE AND ACCEPTED SUBJECT TO; 1, Current Taxes and Assessments. 2, The Declaration and any amendments thereto, and the covenants, } conditions, restrictions, rights, easements, reservations, benefits and burdens therein contained, each and all of which are covenants running with the land established in accordance with Section 1468 of the California CM! Code for the benefit of and binding upon the parties hereto and each successive owner Of all or any portion of the land affected thereby and are hereby expressly incorporated herein by reference as though set out herein in full. 3. All other covenants, conditions, restrictions, rights, rights-of-way and easements of record as wall as any'of such matters that are apparent, Oleo TO BEATFU5 AND Opp'EaT COPY OF THE ORlG,INA - , aMNMO LW AThLANDTiTL • Fx ,BY 1 ! EXHIBITS TO CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE Exhibit "C" Promissory Note Exhibit C RVPUB\KCV\617991 -15- r • PROMISSORY NOTE SECURED BY DEED OF TRUST $7,720.00 August 23, 2001 FOR VALUE RECEIVED, THE UNDERSIGNED, JOHN/ COX AND DARLENE S. COX, husband and wife ("Maker"), promise to pay to THE ARCADIA REDEVELOPMENT AGENCY ("Holder"), a California public agency located at 240 West Huntington Drive, Arcadia, California 91006-2021 (or at such other place as Holder may specify from time to time in writing), the principal sum of Seven Thousand Seven-Hundred Twenty Dollars ($7,720.00). The individuals constituting the Maker shall be jointly and severally liable for the performance of Maker's obligations hereunder. This Promissory Note is made with reference to that certain "Confidential Settlement Agreement and General Release" dated August 23, 2001 for reference purposes only ("Agreement") between Maker and Holder and the Property described thereunder ("Property"). All initially capitalized:terms used but-not otherwise defined in this Note shall have the meanings assigned to such terms in the Agreement. The Maker's obligations under this Note are secured by the lien of a Deed of Trust of even date herewith. 1. Unless sooner repayable upon an Event of Default (as provided below) Maker will pay to Holder the principal amount of this Note upon any voluntary or involuntary transfer of any portion of the Property ("Maturity Date") including any voluntary or involuntary private sale, judicial sale, forced sale, foreclosure sale, conveyance, alienation, bequest, inter vivos gift, gift causa mortis, testamentary transfer or intestate transfer. 2. No interest shall accrue on this Promissory Note. 3. All payments due hereunder are payable in lawful money of the United States of American in same day funds. This Note maybe prepaid in full at any time without penalty. 4. Upon the occurrence of any of the following, an "Event of Default" shall be deemed to have occurred and the Holder may, at Holder's option, without prior notice, declare the unpaid balance of this Note to be immediately due and payable, and the same shall immediately become due and payable: RVPUBUCCV\617967 4.1 Maker shall (i) become insolvent or unable to pay Maker's debts generally as they mature, (ii) make'a general assignment for the benefit of creditors, (iii) admit in writing Maker's inability to pay Maker's debts generally as they mature, (iv) file or have filed against it a petition in bankruptcy or a petition or answer seeking a reorganization, arrangement with creditors or other similar relief under the Federal bankruptcy laws or under any other applicable law of the United State of America or any state thereof; or (v) consent to the appointment of.a trustee or receiver for it or for a substantial part of Maker's property; or 4.2 Any order, judgment or decree shall be entered appointing, without Maker's consent, a trustee or receiver for it or for a substantial part of Maker's property. Notwithstanding the above, in the event of an actual or deemed entry of an order for relief with respect to Maker under the Federal Bankruptcy Code, this Promissory Note and all • interest and other amounts due hereon shall automatically become and be due and payable, without presentment, demand, protest or any notice of any kind, all of which are hereby expressly waived by Maker. The Holder may exercise Holder's option to accelerate after any Event of Default, regardless of any prior forbearance. 5. It is the intention of Maker and Holder to conform strictly to the usury laws now or hereafter enforced in the State of California, and any interest payable under this Promissory Note or any of the other documents to be executed by Maker in connection with the loan made or to be made hereunder, shall be subject to reduction to the amount not in excess of the maximum nonusurious amount allowed under the usury laws of California as now or hereafter construed by the courts having jurisdiction over such matters. 6. The unenforceability or invalidity of any provision of this Promissory Note as to any persons or circumstances shall not render that provision unenforceable or invalid as to any other person or circumstances, and all provisions hereof; in all other respects, shall remain valid and enforceable. 7. This Promissory Note shall bind Maker and Maker's successors and assigns and the benefits hereof shall inure to Holder and Holder's successors and assigns. 8. The validity, interpretation and performance of this Promissory Note shall be governed by and construed in accordance with the Laws of the State of California. 9. Time is of the essence of this Promissory Note. 10. Maker and all other persons liable or to become liable for all or part of this indebtedness, jointly and severally waive demand, presentment for payment, notice of nonpayment, protest and notice of protest hereon, and agree to pay, in the Event of Default hereunder, all costs of collection, including reasonable attorneys fees of Holder, whether or not suit is commenced. RVPUBIKCV\617967 11. The Holder and the Maker acknowledge and stipulate that the obligation hereunder was entered into in the City of Arcadia, Los Angeles County, California. 12. MAKER ACKNOWLEDGES THIS NOTE IS DUE UPON ANY SALE OF THE PROPERTY INCLUDING ANY VOLUNTARY OR INVOLUNTARY TRANSFER OF ANY PORTION OF THE PROPERTY OR ANY VOLUNTARY OR INVOLUNTARY PRIVATE SALE JUDICIAL SALE, FORCED SALE, FORECLOSURE SALE, CONVEYANCE, ALIENATION, BEQUEST, INTER VIVOS GIFT, GIFT CAUSA MORTIS, TESTAMENTARY RANSFER OR INTESTATE TRANSFER. . Coxes Initials • [Signatures on Following Page] • • • RVPUB\KCV\617967 • MAKER JOHN J. COX AND DARLENE S. COX, husband and ife By: X Cox . B ..�1%1�' L ' 0 � Y• _ Darlene S. Cox • RVPUB\KCV\617967 E)HIBIT "A" Legal Description of Land RVPUB\KCV\617976 -14- EXHIBITS TO CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE Exhibit "D" Deed of Trust Exhibit D RVPUB\KCV\617991 -16- Document entitled to free recording per Government Code Section 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO ARCADIA REDEVELOPMENT AGENCY 240 West Huntington Drive Arcadia, California 91006-2021 Attn: Executive Director Space above this line for Recorder's Use DEED OF TRUST WITH ASSIGNMENT OF RENTS AND SECURITY FOR PAYMENT AND PERFORMANCE OF OBLIGATIONS UNDER A CONFIDENTIAL_SETTLEMENT AGREEMENT AND GENERAL RELEASE THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS AND SECURITY FOR PAYMENT AND PERFORMANCE OF OBLIGATIONS UNDER A CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Deed of Trust'.') made this L,...6--day of August, 2001, is made by JOHNM'Cq SAND DARLENE S. COX, husband and wife whose address is 111 North Fifth Aver(e partment 11, Arcadia, California 91006 ("Trustor"), in favor of COMMONWEALTH LAND TITLE COMPANY, a California corporation ("Trustee"), and THE ARCADIA REDEVELOPMENT AGENCY, whose address is 240 West Huntington Drive, Arcadia, California 91006-2021 ("Beneficiary"). 1. Trustor grants to Trustee in Trust, with Power of Sale the following property ("Trust Estate"): A. That real property ("Land") in the County of San Bernardino, California, described in detail in Exhibit "A" attached hereto and incorporated herein by this reference; • B. All buildings, structures and other improvements now or in the future located or to be constructed on the Land("Improvements"); and C. All tenements, hereditaments, appurtenances, privileges and other rights RVPUB\KCV1617976 Ex D • 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") and together with the Land and the Improvements are collectively referred to herein as the "Property." 2. This Deed of Trust is given for the purpose of securing payment and performance of the following(collectively, "Secured Obligations"): A. The Obligation of Trustor to pay the indebtedness evidenced by that certain "Promissory Note Secured.by Deed of Trust" ("Promissory Note") of the same date as this Deed of Trust in a principal amount of Seven Thousand Seven-Hundred Twenty Dollars ($7,720.00) as described in the Promissory Note, payable to Beneficiary or to order, and all extensions, modifications, or renewals of that Promissory Note; B. The Obligation of Trustor to pay funds, if any, as contained in that certain Confidential Settlement Agreement and General Release ("Agreement") dated August 23, 2001, for reference purposes only, between Trustor and Beneficiary. The Agreement and all of its terms are incorporated herein by reference and this conveyance shall secure any and all extensions, amendments, modifications or renewals thereof, however evidenced; C. All present and future Obligations of Trustor to Beneficiary under this Deed of Trust; and D. All additional present and future Obligations of Trustor to Beneficiary under 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. 3. To protect the security of this Deed of Trust, Trustor also agrees: A. 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 Deed of Trust, the Promissory Note, the Agreement or otherwise. B. Unless Beneficiary otherwise consents in writing, Trustor shall (i) keep the Property in good condition and repair, (ii) pay when due all valid claims for labor, service, equipment and material and any other costs incurred in connection with any such action, (iii) not commit or permit any waste of any part of the Property, (iv) 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 Property, (v) take such action from time to time as may be reasonably necessary or appropriate, or as Beneficiary may reasonably require, to protect RVPUB\KCV\617976 -2- the physical security of the Property, and (vi) 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. C. Trustor shall maintain Property "all risk" insurance, other than earthquake and flood insurance, covering the Property in such forms and amounts and with such insurance companies as shall be approved by Beneficiary. All proceeds of any claim, demand, award, settlement or other payment arising or resulting from or otherwise relating to any such insurance of any loss or destruction of, injury or damage to, trespass on or taking, condemnation (or conveyance in lieu of condemnation) or public use of any of the Property("Damage Claim") are assigned and shall be payable and delivered to Beneficiary (any such proceeds of any Damage Claim being referred to in this Deed of Trust as "Damage Proceeds"). Trustor shall take all action reasonably necessary or required by Beneficiary in order to protect Trustor's and Beneficiary's rights and interests with respect to any Damage Claim, including the commencement of, appearance in and prosecution of any appropriate action or other proceeding, and Beneficiary may in its discretion participate in any such action or proceeding at the expense of Trustor. • So long as no Event of Default has occurred and is continuing, Trustor may settle, compromise or adjust any Damage Claim with the prior written consent of Beneficiary (which shall not be unreasonably withheld). Upon the occurrence and during the continuance of any Event of Default,. Beneficiary shall have the sole right to settle, compromise or adjust any Damage Claim in such manner as Beneficiary may determine, and for this purpose Beneficiary may, in its own name or in the name of Trustor, take such action as Beneficiary deems appropriate to realize on any such Damage Claim. In either case, all Damage Proceeds payable in connection with any such Damage Claim shall be delivered directly to Beneficiary as provided in the preceding paragraph. Any Damage Proceeds received by Beneficiary may be applied by Beneficiary in payment of the Secured Obligations in such order and manner as Beneficiary may determine, provided that so long as no Event of Default has occurred and is continuing, Beneficiary shall release such Damage Proceeds to Trustor for the restoration of the Property in the manner set forth in this Deed of Trust, except that Beneficiary shall not be required to release such Damage Proceeds (and may apply such Damage Proceeds to the Secured Obligations as set forth above) to the extent that such Damage Proceeds relate to any condemnation, seizure or other appropriation by any Governmental Agency of all or any portion.of the Property (including Damage Proceeds payable in lieu of any such action), or if Beneficiary has reasonably determined that the security of this Deed of Trust has been impaired, or will be impaired upon release of Damage Proceeds to Trustor. D. Trustor shall pay prior to delinquency, all taxes and assessments affecting . the Property, including assessments on Appurtenances, when due, all encumbrances, charges and liens, with interest, on the Property or any part thereof, which appear to be prior or superior RVPUB\KCV\617976 -3- • hereto. 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: (i) 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 Property for such purposes, (ii) 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 of Trustee, and (iii) 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. 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 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. E. Trustor shall ensure that the liens securing the Secured Obligations occupy a recorded priority position senior to all other non-statutory liens and encumbrances against the Property; provided however, that the Trustor's Secured Obligations may be subordinate to financing obtained by the Trustor in connection with the initial purchase of the Property, provided that such financing is provided by only one a nationally chartered bank or savings and loan association or other reputable lending institution reasonably acceptable to the Agency. F. Trustor acknowledges and agrees that all Secured Obligations are payable upon any voluntary or involuntary transfer of any portion of the Property including any private sale,judicial sale, forced sale, foreclosure sale, conveyance, alienation, bequest, inter vivos gift, gift causa mortis, testamentary transfer or intestate transfer. 4. It is mutually agreed: • A. 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, 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 any other matters relating to the Trust Estate, and nothing contained in this Deed of Trust shall release Trustor from any such Obligations. RVPUB\KCV\617976 -4- B. 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 Secured Obligations and termination of all obligations of Beneficiary under or in connection with the Promissory Note and the Agreement. C. Trustor irrevocably grants, transfers and assigns to Beneficiary, during the continuance of this Deed of Trust, all of Trustor's right, title and interest in and to the rents, issues, income, revenues, royalties and profits ("Rents"); Notwithstanding such assignment, so long as no Event of Default has occurred and is continuing, Trustor shall have the right to collect, receive, hold and dispose of the Rents as the same become due and payable. Any such collection of Rents by Beneficiary shall not cure or waive any Event of Default or notice of default or invalidate any act done pursuant to such notice. Failure or discontinuance of Beneficiary at any time, or from time to time, to collect the Rents shall not in any manner affect the subsequent enforcement by Beneficiary of the right to collect the same. Nothing contained in this Deed of Trust, nor the exercise of the right by Beneficiary to collect the Rents, shall be deemed to make Beneficiary a "mortgagee in possession" or shall be, or be construed to be, an affirmation by Beneficiary of, or an assumption of liability by Beneficiary under, or a subordination of the Lien of this Deed of Trust to, any tenancy, lease or option. D. Upon the occurrence of any Event of Default by Trustor: (i) the Maturity Date of any Secured Obligation shall be accelerated in accordance with the terms of the Promissory Note and the Agreement, and all Secured Obligations shall immediately become due and payable without further notice to Trustor and (ii) 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: (1) 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: (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 Trustor relating to the Trust Estate, all without payment of rent or other compensation to Trustor; (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 RVPUBIKCV\617976 -5- 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 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 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. Beneficiary's agent or court-appointed receiver shall hold all monies and proceeds, including, without limitation, proceeds from the sale of the Property 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 4D. (2) 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 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 recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. 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 Property 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 RVPUB\KCV\617976 -6- the tenant and Beneficiary (or executed by the tenant in favor of, and accepted by, Beneficiary), or (ii) 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. (3) Beneficiary may proceed to protect, exercise and enforce any and all other Remedies provided under this Deed of Trust, the Promissory Note, the Agreement 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 4E of 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. E. 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 (i)reconveyance and foreclosure fees of Trustee, (ii) 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, (iii) 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 Deed of Trust,(iv) cost of evidence of or insuring title (other than a lender's title insurance policy), and (v) the reasonable fees and disbursements of Trustee's and Beneficiary's legal counsel and other out-of-pocket expenses, and the reasonable charges of Beneficiary's internal legal counsel; together with interest on all such amounts until paid (i) at the Alternate Rate in the case of any such interest payable to Beneficiary, and (ii) at RVPUB\KCV\617976 -7- the rate provided by law in the case of any such interest payable to Trustee. F. Notice of acceptance of this Deed of Trust by Beneficiary or Trustee is waived by Trustor. G. 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. H. For purposes of this Deed of Trust: (i) 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 other Document or exhibit shall mean such 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 Deed of Trust are incorporated herein by this reference. The provisions of this Deed of Trust are declared to be severable. I. This Deed of Trust shall be governed by, and construed and enforced in accordance with, the Laws of California. 5. . As used in this Deed of Trust, the following terms shall have the following meanings: "Authorization" means any authorization, consent, approval, order, license, permit, exemption or other action by or from, or any filing, registration or qualification with, any Governmental Agency or other Person. "Documents" means written documents and materials, including agreements, approvals, certificates, consents, instruments, financing statements, reports, budgets, forecasts and opinions. "Event of Default" means the occurrence of any one or more of the following events: (i) the failure of Trustor to perform or observe any term, covenant or agreement contained in this Deed of Trust; or (ii) all or a substantial or material portion of the Property is damaged or destroyed by fire or other casualty and Beneficiary has reasonably determined that the security of this Deed of Trust has been impaired or that the repair, restoration or replacement of the .Property in accordance with the requirements hereof is not economically practicable; or all or a substantial or material portion of the Property is condemned, seized or appropriated by any Governmental Agency or subject to any action • RVPUB\KCV\617976 -8- or other proceeding instituted by any Governmental Agency for any such purpose; or (iii) the occurrence of any "Event of Default" as defined in the Promissory Note. "Governmental Agency" means (i) any government or municipality or political subdivision of any government or municipality, (ii) any assessment, improvement, community facilities or other special taxing district, (iii) any governmental or quasi-governmental agency, authority, board, bureau, commission, corporation, department, instrumentality or public body, (iv) any court, administrative tribunal, arbitrator, public utility or regulatory body, or (v) any central bank or comparable authority. "Laws" means all federal, state and local laws, rules, regulations, ordinances and codes. "Lien" means any lien, mortgage, deed of trust, pledge, security interest or other charge or encumbrance. "Maturity Date" means the maturity date of the Note, as such maturity date may be extended from time to time. "Obligations" means all obligations of the Trustor of every nature under the Note, Deed of Trust,Purchase Agreement, or otherwise. "Other Requirements" means (i) the terms, conditions and requirements of all Authorizations and Rights of Others relating to the Property and all other Documents, agreements and restrictions relating to, binding on or affecting the Property, including covenants, conditions and restrictions, leases, easements, reservations, rights and rights-of-way, (ii) requirements relating to the lease of any portion of the Real Property by the Trustor or the supply of utility services to the Real Property, (iii) requirements and recommendations of the soils report and any environmental impact report or negative declaration, (iv) all building, zoning, land use, planning and subdivision requirements, and (v) requirements relating to construction of any off-site improvements. "Person" means any person or entity, whether an individual, trustee, corporation, partnership, joint stock company, trust, unincorporated organization, bank, business association or firm,joint venture, governmental Agency or otherwise. "Remedy" means any right,power or remedy. "Right of Others" means, as to any property in which a Person has an interest, any legal or equitable claim or other interest (other than a Lien but including a leasehold interest, a right of first refusal or a right of repossession or removal) in or with respect to such property held RVPUB\KCV\617976 -9- • by any other Person, and any option or right held by any other Person to acquire any such claim or other interest or any Lien in or with respect to such property. "Taxes" means all taxes, assessments, charges, fees and levies (including interest and penalties) imposed, assessed or collected by any Governmental Agency. 6. TRUSTOR SHALL FAITHFULLY PERFORM EACH AND EVERY COVENANT TO BE PERFORMED BY TRUSTOR UNDER ANY LIEN OR ENCUMBRANCE, LEASE, SUBLEASE, INSTRUMENT, DECLARATION, COVENANT, CONDITION, RESTRICTION, LICENSE, ORDER OR OTHER AGREEMENT, WHICH AFFECTS OR MAY AFFECT THE PROPERTY, IN LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, EACH AND EVERY COVENANT TO BE PERFORMED BY TRUSTOR UNDER ANY MORTGAGES AND ANY AND ALL OTHER INSTRUMENTS PERTAINING TO SUCH MORTGAGES, INCLUDING THE RESPECTIVE OBLIGATIONS SECURED THEREBY. IN THE EVENT OF DEFAULT BY TRUSTOR (I) IN THE PERFORMANCE OF TRUSTOR'S OBLIGATIONS UNDER THE NOTE, THIS DEED OF TRUST, OR THE SECURED OBLIGATIONS, (II) IN THE PERFORMANCE OF ANY OTHER OBLIGATION OF TRUSTOR TO THE BENEFICIARY, OR (III)FAILURE TO PERFORM ANY OF THE CONDITIONS OR COVENANTS OF THE NOTE, DEED OF TRUST, THE SECURED OBLIGATIONS OR ANY SECURITY AGREEMENT GIVEN TO SECURE SAID NOTE OR OTHER OBLIGATION OF TRUSTOR, SUCH EVENT OF DEFAULT MAY BE DEEMED, AT THE OPTION OF THE BENEFICIARY, A DEFAULT IN ALL INDEBTEDNESS DUE BENEFICIARY AND THE WHOLE SUM OF THE PRINCIPAL AND INTEREST OF THE DEBT EVIDENCED BY THE NOTE AND ALL OF THE OTHER INDEBTEDNESS DUE TO BENEFICIARY BY TRUSTOR SHALL, AT THE OPTION OF THE BENEFICIARY, BECOME DUE AND PAYABLE IMMEDIATELY, AND THIS DEED OF TRUST AND ALL OTHER SECURITY INTEREST FOR THE BENEFIT OF OR HELD BY THE BENEFICIARY MAY BE FORECLOSED AT ONCE. 7. TRUSTOR ACKNOWLEDGES THIS DEED OF TRUST IS DUE UPON ANY SALE OF THE PROPERTY INCLUDING ANY VOLUNTARY OR INVOLUNTARY TRANSFER OF ANY PORTION OF THE PROPERTY OR ANY VOLUNTARY OR INVOLUNTARY PRIVATE SALE, FORCED SALE, FORECLOSURE SALE, CONVEYANCE, ALIENATION, BEQUEST, INTER VIVOS GIFT, GIFT CAUSA MORTIS, TESTAMENTARY TRANSFER OR INTESTATE TRANSFER. e`, Coxes Initials ignatures on following page] RVPUMICCV\617976 -1 0- TRUSTOR: JOHNY COX AND DARLENE S. CO , husband and if/ By: hnif Ca Ih Dated: O ' p��-L5-7 d By: /kw f 4Az 1 4 ` .I0 Darn S. Cox Dated: _ 5' • RVPUB\KCV1617976 -1 1- 1 l r • ' . STATE OF CALIFORNIA } COUNTY OF SAN BeaNstact, On � 2.5 , 2001, before me, the undersigned notary public, personally appeared, H. N J COX - p OR -proved to me on the basis of satisfactory evidence to be the person/al whose nameAis/I rc subscribed to the within instrument and acknowledged to me that he/skefthey. executed the same in ' (s/lierftheir authorized capacity(jes'), and that by i kerftketr signature(OPon the instrument the person(s), or the entity upon behalf of which the person(sacted, executed the instrument. WITNESS my hand and official seal. ' .2,,Signature of g my' CAPACITY CLAIMED BY SIGNER: iii . ,A'y t Commission#t 17757$ Individual(s) . z i- Nol�.Pubr -C lit0flh -Corporate•z •` ' ;` San gAmaniino Cowdy Officer(s) 94, 12 - Parker() nRyComm.6 . Attorney-in-Fact • Trustee(s) Subscribing Witness Guardian/Conservator • -Other SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) • 1 • RVPUB\KCV\617976 • -12- • • STATE OF CALIFORNIA } } COUNTY OF SAN BeeAN"-J On Aug 25" , 2001, before me, the undersigned notary public, - personally appeared, r)r.r,e $J Copt - p OR -proved to me on the basis of satisfactory evidence to be the person(i) whose name)(ip/afe-subscribed to the within instrument and acknowledged to me that -/she/they-executed the same in Tr/tom authorized capacitycip), and that by er/their signature fe on the instrument the person(s'or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. • • 010 Signature of Not.. CAPACITY CLAIMED BY SIGNER: . "1 ,.TEdll Individual(s) ' Corporate Commission 1/ 1177578 rP z Moiacy Publu;-Califomla• Officer(s) "� r� San Bemocdno County Partner(s) � `1� Comm. es 24, 2 —Attorney-in-Fact Trustee(s) Subscribing Witness Guardian/Conservator Other SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IFS) • • • • RVPUBIKCV\617976 -13- • - - • - ••• • ,. . . „..„ - Claim for Re 1 - or-DoWnpaymen't Ai 'istance Payment -, /0,04-0-y,..4dt,voricE:You are asked to provide this InfornfafiOfto'deOffilne WhethekWu04,0giblil . irojkotaffeogoowilyetwyd;. ,.A.:z.igyrce.--4-gx, to receive a Rental Or DOWiipayMeni AlsistanCe P'ayMent. You thrdnOt required bylaw 16:iiiMishinls- - ---.--- - '''' - '"''''''----':. . ..'.,-T .'.. ..::':'.."- •"'' '. .—;----.--6--;"‘.—;'''' information,thiiif YOU acij?.00.TWcfeA y.6111 ni*.npfreceive th4 6-yrnent Of it ni#,NIcejonOir to pay YOu. AgOhoY ; Ci,. :Of ArCad'a RedeVelOOni .i A - This Information is being collected under the iitlariti of the Uniform Relocation and Real y PropertkAcOsition Act(URA):00/or California Relocation Assistance Act . Project W.aken/I-lale.Office Project INSTRUCTIONS This claim'form is for the use of families and Individuals applying for a Rental or --,-.... . . ,...--:--,...,..:,,,..,7,:..,..-„,„.. .... •. - - . ._ 04ifilio'iiithrilAiiistance PayMent,Arelireiintative ofthe displacing AgencyWillhelp you complete the.- 'case.# Ak0,.002.;00111-6.11 .... ,... . .... form and infdriii'hu of the information that you must provide in support of this Ole*If the full amount of -- • - , . your claim not approved the Agency wi I I provide you with a written explanation eft fie ilSOn.I f you are Program Rtilei:.:. •• PRO Claim Serial tiliirribef tiofSatisfied with the Agencysdetenknation,you may appeal that detirininetiolf;f0Aonc.i,*11 explain howto.iriake"an APpeal. ,:. ,.- .:.. -::? L.-?:-• [ ]Federal [X]State [ ]Other LB028357, ..... ...„•,,,..:.., ....., .. . ...,. .. . . , •,•• .• : 1:Your Name(s)(you are the Claimant(s)) .. la. Present Mailing Address(es)of Claimant(s) lb.Telephone Number(s) . . John Cox . Darlene COX . d 026 301 111 ni. Fifth Avenue#11 . an - ,1923 • Arcadia, CA 91006 • .• . •. : , .. 2. Have all members of the household moved to.the same dwelling? . 1C.Tax ID#Of Clairnant(S) - (X] YES [ ]NO (If"NO", explain in the Remarks Section.) . • 662-,92.476-6 When Did You wh6-ricijoVOU.' .Wii0ii 00 You Move Dwelling - Address . .. Rent/Buy This Unit? Move To This Unit? Out Of This Unit? , • , .... .•.:, . ... 3. Unit That . 111 N. Fifth.Avenue#11 , ,•,. , „, 10-01-00 W1,01 You Moved From . • Arcadia, CA.91006 ... - - ,... • ".. ....7. — - " ,.. , _.. . .. .. . ..,..„....,..,,,.,..,..,, . , . ;.. ...- .- ._..: ......... . , .- 4: Unit That 10553 Joshua Street 09-01-01 You Moved To Adelanto, CA 92301 09-01-01. • .,..- ..,,,. 5.COMPUTATION OF[ X ]RENTAL ASSISTANCE/LAST RESORT HOUSING PAYMENT OR [ ]DOWNPAYMENT ASSISTANCE PAYMENT ITEM TO BE COMPLETED BY CLAIMAN111VeRN•bWetillgii; -4=z4lfa4:-4,A,471.*S.,:'F.;7,.•-gilk, (1)Monthly Housing Cost for Replacement Dwelling Unit to which you moved $765.00 .-: . • '7 • :, ,„ ,(From line(5),Column(c),Item 13 on reverse) (2)Monthly Housing Cost for Comparable Replacement Dwelling .7. , • : (From line(5),Column(e),Item 13 on reverse) . ... . , , .. _ (3)The lesser Of Line(1)or Line(2) 066.oti (If Claim is for Downpayment Assistance,enter amount from Line(2)) rc. ,:!''.1_: ' (4)Monthly Housing Cost for Dwelling Unit from which you were displaced $426:oo • ,:: . - - (From line(5),Column(a),Item 13 on reverse) . : ...`. :; • ,`''--:..;" .,', ',1 (5)Claimant's Ability-To-Pay $1,150.03,....5t ';-- : 7:1 (From line(11),Column(a),Item 14 on reverse) . , •:.:..-. (6)The lesser of Line(4)or Line(5) .. -- -7 $425.00 - -. , (7)Monthly Need •V , , -• , .,, , • $340.00 (Line(3)minus Line(6)) • (8)Total Amount of Rental Assistance/Last Resort Housing eligibility(Line(7) _ 42 :7 .':,,:, . .., ,- - -, . $14,280.00 multiplied by number of months)Enter number of months here 4 (9)Total Amount of Rental/Downpayment Assistance Payments Received to Date - • V" , $00.0 , (from line(7)Item10 on reverse) • (10)Balance Amount of RAP/DAP Payment Eligibility(before this payment) V $14,280,00 (Line(8)mini's Line(9)) , :. (11)Amount Requested this Claim (Amount from line(10),or for LRH, Final , ' -,.-'7'i 'V'', ;' • $14 280.00 line(7) times number of months)Enter number of months here 4 6. RAP Balance(after this payment) 6a.Next PaYMent. ' -' % .--- 6b.Next Payment Due $0.00 .. . ,$0.op. (Item 5 Line(10 minus Item 5 Line(11)) Amount(If -,. ..,:. . •::.•, , . Date(month,.year) 7.Certification'by Claimant(s) WARNING:If yoliknoikeinglY or deliberately make false statements on this form;you may be subject to civil or criminal penalties under Section 1001 of Title 18 of the United States Code.In addition you may not receive any of the amounts claimed on this form.I CERTIFY that this c(ainz:and supporting information are true and Oniple'e thbt 1 ti'aVe"not submitted any other claim for theeiljetiSeS.1Weorand tiletihaVe not been paid for the ekPenSeS:b/dify.other source. iSi /gnatur.,s).of - Date . . - ..., ,. • . l .,:. 1 .,g ..._.P ,,:.: • . . . Atif.'..Laplcv.i$,E.T0:60:72WarmsoogimmomsTANVIMMVA.MANOM.i.Agegeafit.MANSKEiznigik:t& . ...: . 8. ffective Date of Eligibility for Relocation Assistance: 10.Payment To Be Made in [X]Lump Sum.or installments every[ .]months 9.Date Replacement Dwelling found"Decent Safe and Sanitary": ?ifiV.A:00--gi'll',01,01',04411ERM5,t4taIk.y.,pti.. .- gig.:mk:u.„ - -:' t ' V.ige,10, 1,V,, 5.5w0,&ni:,q,:::::,-4.13,.,,,alv..g:vt,m.7.,v;u:.0 Payment Action Amount of Payment Signatur Name(Type or Print) Date 11.Recommended . $14,280.00 “--t--e--.1 e_-_, Laurie Reese/PRC ?-- 4 -01 12.Approved _ . ,,, - • . . .. C.PACIFIC RELOCATION_CONSULTANTS (6-99) . PAGE 1..OF 2 . . , • • Q Claim for Re.1 1 or Downpayment :stance Payment PRI'ACYACT No,TICE Yau'are asked to provide this lnforrriaffon-to detennlne whether you are eiigibfe; ' o-E' �+ 6,: '--y t; ;.,' r, •fz�,,,�•„., to receive a Rental or Downpayment Assistance Payment Vol are not required by law to:furnish this,,.,,,'—' "- —-'•'.. --.'.--...;�...,.-,a. ''_a:': L,-.-If,,,---g-...--- - Infomtabon buhfyoudonotprovlded you:maynotrece,v ethlspayment�oritmaytakelongertopay you. Agency . City of Arcadia:Redevelopment Agency,: This information Is being collected under the authoi ty of the Uniform;Relocation Assistance and Real . � . . PmpertyAcquisibonAct(URA)and/orCalifomiaRelocatlon Assistance Act Project Waken/Hale Office Project .. . INSTRUCTIONS This da,m ftm0 is,for the use'of families and Individuals applying fora Rental oil' ' . Downpayment Assistance Payment Arepr esentativeo lthedispladngAgencywilhelpyoucomp letethe: Case# ARC.002-00111=011. . form and Inform you of the information that you must provide in support of this claim if the full amount of yourdalm is not approved theAgency will provide you with a wntten explanation,of the reason,if you am Program Rules. PRO Claim_Serial Number no tsaf7sriedwiththeAgenc}!'sdetermination,youmay,.appealthatdeterinlnadon.TIM Agency will explain Federal State Other howto,makean appeal '.,,,..,.,..,_ _ „ [ ] • [X] [ ] LB028357 1.Your Name s� )(you are the Claimant(s)) 1a.Present Mailing Address(es)of Claimant(s) lb.Telephone;Number(s) • John CO*" • 111 N. Fifth Avenue#11 and 626-301-.1923 Arcadia,CA 91006 Darlene.Cox .,. 2.Have all members of the household moved to the same dwelling? lc.Tax ID'#of Claimants) [X] YES [ ]NO (If NO explain in the Remarks Section.) • 562-92-7765; • Dwelling Address When Did You When Did You When Did You Move Rent/Buy This Unit? Move To This Unit? Out Of This Unit? s:Unit Thar 111 N. Fifth Avenue#11 10-01-00 8-31-01 You Moved From Arcadia, CA 91006 • a.pnitmat. 10553 Joshua Street 09-01=01 You Moved To Adelanto, CA 92301 09-01-01. . 5.COMPUTATION OF[ X ]RENTAL ASSISTANCE/LAST RESORT HOUSING PAYMENT OR [ ]DOWNPAYMENT ASSISTANCE,PAYMENT r�xt.Fh ;�:�e'yt•ITEM TO BE COMPLETED BY CLAIMANT 4.6- ,`GE G US i• (1)Monthly Housing Cost for Replacement Dwelling Unit to which you moved $765.00 (From line(5),Column(c),Item 13 on reverse) (2)Monthly Housing Cost for Comparable Replacement Dwelling $765.00 (From line(5),Column(e),Item 13 on reverse). • • (3)The lesser of Line(1)or Line(2) $765:00 (If Claim is for Downpayment Assistance,enter amount from Line(2)) (4)Monthly Housing Cost for Dwelling Unit from which you were displaced $425.00 (From line(5),Column(a),Item 13 on reverse) (5)Claimanrs Ability-To-Pay $1,150.03 (From line(11),Column(a),Item 14 on reverse) • (6)The lesser of Line(4)or Line(5) $425.00 (7)Monthly Need " $340.00 (Line(3)minus Line(6)) (8)Total Amount of Rental Assistance/Last Resort Housing eligibility(Line(7) 42 $14,280.00 multiplied by number of months)Enter number of months here-> , . (9)Total Amount of RentaUDownpayment Assistance Payments Received to Date $0.00. (from line(7)4tem 16 on'r verse) (10)Balance Ariiount of RAP/DAP Payment Eligibility(before this payment) $14280.00 (Line(8)minus'tine(9)) i • (11)Amount Requestedthis Claim (Amount from line(10),or for LRH, Final $14,280..00 line(7) times riuriitier ofmonths)Enter number of months here i 6. RAP Balance(after thls payment) 6a.Next Payrnent 6b.Next Payment Due (Item 5 Line(10)minus Item 5 Line(11)) $0.00 Amount(if any) $0.00 Date(month,year) • 7.Certification by Claimants) .. WARNING:If you knowingly or deliberately make false statements on this form,you maybe subject to:civil or criminal penalties under Section 1001 of Title 18 of the United States Code In addition you may not receive any of the amounts claimed on this form.-I cERTIFY that this claim and supporting information are,We and.complete,Met 1 have not submitted any other for the expenses listed and that 1 have not been paid'for the expenses by any other source. Signat, (s):yClaimarit e3 / Date=�+ ill] . i �. 3 � �/ �I ,.: U . 'AGENGY.[1S, ..,, . :k° s f S`';"/W i r.+if n .. `. ._ r� `. z t. x y 8.Effective Date of Eligibility for Relocation Assistance: 10.Payment To Be Made In [X]Lump Sum or installments every,[.;].months 9.Date Replacement Dwelling found"Decent,Safe and Sanitary": . "i';`::4 ? Y ""ye "-'i` } iki,*e ""e'' K � , • Payment Action Amount of Payment Signature. Name(Type or Print) Date 11.Recommended $14,280.00 ,.-e_ ' id,c..._.. Laurie ReeseiPRC g--e -) -O[ I 12.Approved ©P.ACIFIC RELOCATION CONSULTANTS (6-99) . PAGE I.OF'2 CERTIFICATE OF ABANDONN ENT Any and all personal property left on the project premises located at III J Ft kh f1 v e 11,E // ; A-rt 'A a_ /0.-A t c (Project/Case: OD 1/1--0 l 1 ), is to be considered abandoned as of J'ohn x x - of Claimant(s) Name FAmant(s) Signature Date X 42a114.1.1-1 Relocation Represent tive Date Pacific Relocation Consultants•Nov 98