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1978-0602_BUTLER DEVELOPMENT_Bank Letter of CommittmentAdministrative Office June 2, 1978 City of Sari Juan Capistrano 32.400 Paseo Adelanto San Juan Capistrano, Calif. 92675 Attn: City Engineer Subject: Butler Development Company, Inc., Tract 10090, San Juan Capistrano, California Gentlemen: Southwest Bank has committed a loan to Butler Development Company, Inc., to complete certain offsite improvements on Tract 10090 in San Juan Capistrano, California. It is the understanding that you require a commitment in lieu of the following bonds: 1. Faithful performance of public improvments $126,600.00 2. Labor and materials bond 126,600.00 3. Faithful performance for private improvements 12,400.00 4. Monumentation 1,000.00 Total $266,600.00 These funds will be used to guarantee the installation of certain im- provements in the subject tract. We hereby agree that the amount of $266,600.00 to pay the costs of those certain improvements will be ear- mari:Ed it a seperate account and will be used for lo other purpose. These pavw4nts .ii ii be disbursed as construction progresses upon written cent Cowwanli. Inc., and urcm proof satisf,,,ctory Lo u" f;1a", U0, C.'." "fed by ai'ly if )UY SCi7ent nCu been perforried or andLerlals deliVel -cv. Nit disuursei;!eiiU hill be filadc fro01 these funds until 0 City of San Juan Capistrano June 2, 1972 Paae 2 such specific authorization has been received from the City Engineer of San Juan Capistrano, for those funds being requested. In th, event our customer obtains bonds issued by a surety company acceptable to you, any agreement made by us or any coacitment made by us in order to obtain those bonds will cause this agreement to becono null and void. In the event there is default by the principal in its obligation to the City of San Juan Capistrano, all funds retraining in said accoun, shall be available to the City of San Juan Capistrano, Engineering Department to complete and pay for the cost of completing said sub- division improvements. This letter constitutes an irrevocable commitment of funds, which is not subject to recall by Southwest Bank provided the subject construction loan is recorded. This letter of consritment will expire on June 4, 1979. 1 Sine;•ely, � Dan L l Schempp Regional Vice President Loan Administration DLS:jl ACKNOWLEDGED AND ACCEPTED, June 1978 ACKNOWLEDGEMAND ACCEPTED rrTY Or S!F Jhn^`CAPTSTWM?f C7C77TY-A770-InUrTY "F'TMIR 9ENELOPMENT CO. INC.' -- A`1`TF, ST State of California SS. County of Orange GENERAL ACKNOWLEDGEMENT FORM A On this the 2nd day of June 19 78 , before me, the undersigned Notary Public, personally appeared R. H. Luders known to me to be the personM whose name(4) is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat. Ls/fG-<.�L�Y STATE OF CALIFORNI)k 53. COUNTY 1 °' '�-�CG e / '� __, before me/the undersigned, a Notary Public in and for m said: Mate, pei3onally ap i= known to peared —r ' < President, and=. c: rim o me to be 4ie �' u _ - --- Secretaryofthe corporation that executed the within instrument, - JuSown-Ie-rne-b-be-' - E R and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and a<- Y1111111-1111111— GFFICiAL. SLA:. knowledged to me that such corporation executed the within /` PHY! LI& L. DE Si of;UER o o.,l re'^�•.p.-�<' N0T4RY PV�L�C'CPl.l3 o instrument pursuant to its by-laws or a resolution of its board of A - PF.INCIPAL OFFICE IN `o directors. SR.^I C;EGO CCiI,!?Y y U'Y MY COMMISSION EXPIRES JUNE 28, 1980 N WITNESS my hand and official seal. 0 o � LLSignature _♦— -, =�.___ .�._.___�_�. �. '- �" 7^'C. Name (Typed or Printed) (This area for ofllclal notarial ;nary �'�'IPrI PAL OFc�^.f IN _ I!v,r•:.u.>.. er.,e . �,.u.v+vv�+.mniw�5rnsmeaornearsnP5f4rppnY2sarj GENERAL ACKNOWLEDGEMENT FORM A On this the 2nd day of June 19 78 , before me, the undersigned Notary Public, personally appeared R. H. Luders known to me to be the personM whose name(4) is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat. Ls/fG-<.�L�Y STATE OF CALIFORNI)k 53. COUNTY 1 °' '�-�CG e / '� __, before me/the undersigned, a Notary Public in and for m said: Mate, pei3onally ap i= known to peared —r ' < President, and=. c: rim o me to be 4ie �' u _ - --- Secretaryofthe corporation that executed the within instrument, - JuSown-Ie-rne-b-be-' - E R and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and a<- Y1111111-1111111— GFFICiAL. SLA:. knowledged to me that such corporation executed the within /` PHY! LI& L. DE Si of;UER o o.,l re'^�•.p.-�<' N0T4RY PV�L�C'CPl.l3 o instrument pursuant to its by-laws or a resolution of its board of A - PF.INCIPAL OFFICE IN `o directors. SR.^I C;EGO CCiI,!?Y y U'Y MY COMMISSION EXPIRES JUNE 28, 1980 N WITNESS my hand and official seal. 0 o � LLSignature _♦— -, =�.___ .�._.___�_�. �. '- �" 7^'C. Name (Typed or Printed) (This area for ofllclal notarial ;nary