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06-0118_MULLER , STEPHEN J / DIANE_Subordination Agreement
RECORDING REQUEST BY: WHEN RECORDED MAIL TO: Stephen J. Muller 23521 Paseo de Valencia, #200 Laguna Hills, CA 92653 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAT THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 18" day of January, 2006, by Stephen J. Muller and Diane M. Muller, Trustees of the Divo Trust dated August 30,2005, owner of the land hereinafter described and hereinafter referred to as "Owner," and City of San Juan Capistrano,present owner and holder of the deed of trust hereinafter referred to as'Beneficiary", WITNESSETH THAT WHEREAS, Stephen J.Muller and Diane Marie Muller,husband and wife did execute a Deed of Trust,dated November 21, 1983,to Fust American Title Insurance Company,a California corporation,as Trustee,covering: LOT 20 IN TRACT NO. 6169, AS SHOWN ON A MAP THERE OF RECORDED IN BOOK 244,PAGES 19,20 AND 21 OF MISCELLANEOUS MAPS,RECORDS OF SAID ORANGE COUNTY,CALIFORNIA which Deed of Trust was recorded February 15, 1984, as Instrument No. 84-065516, Official Records of said county; and WHEREAS,Owner has executed,or is about to execute,a Deed of Trust and Note in the sum of$2,100,000.00,dated December 28,2005, in favor of Wells Fargo Bank,N.A.,hereinafter referred to as"Lender,"payable with interest and upon the terms and conditions described therein, which Deed of Trust was recorded on January 3, 2006 as Instrument No.2006000001701;and WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land herein above described,prior and superior to the lien or charge of the Deed of Trust fust above mentioned;and WHEREAS,lender is willing to make said loan provided the Deed of Trust securing the same is a lien or charge upon the above described property prior to and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender;and WHEREAS,it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the Deed of Trust securing the same shall,when recorded,constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration,the receipt and sufficiency of which consideration is hereby acknowledged,and in order to induce Lender / to make the loan above referred to,it is hereby declared,understood and agreed as follows: 1 (1) That said Deed of 10 securing said note in favor of Lender, and anyonewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described,prior and superior to the lien or charge of the Deed of Trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of lender above referred to and shall supersede and cancel,but only insofar as would affect the priority between the Deeds of Trust herein before specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares,agrees and acknowledges that (a) He consents to and approves (i) all provisions of the Note and Deed of Trust in favor of Lender above referred to,and(ii)all agreements,including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligations or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any applications or use of such proceeds for purposes other that those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives,relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Lender above referred to and understands that in reliance upon,and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination;and (d) An endorsement has been placed upon the note secured by the Deed of Trust fust above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. City of San Juan Capistrano("Beneficiary") Diva Trust dated August 30,2005("Owner") By: Nasser Abbasza eh Stephen J.Muller,Trustee Director of Engineering/Building Diana M.Muller,Trustee PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On January 30, 2006, before me, Maria Guevara, Deputy City Clerk, personally appeared Nasser Abbaszadeh, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) ITNEeaafficial seal. De r OPTIONAL Capacity Claimed by Signer Description of Attached Document Director— Engineering & Building Subordination Agreement Title Title or Type of Document Signer is Representing 2 City of San Juan Capistrano Number of Pages January 18, 2006 Date of Document Stephen J. Muller& Diane Muller Signer(s) Other Than Named Above V MEMORANDUM August 27, 2003 TO: William M. Huber, Director of Engineering and Building FROM: R. Anthony Foster, Engineering Assistant SUBJECT: Subordination Agreement for Deed of Trust; Steven Muller, 26391 Calle Roberto (Tract 6169, Lot 20) 1 have been contacted by Mr. Rick Burke of Pacific Mercantile Bank (714/438-2539). Mr. Muller is refinancing his home and the Bank is requesting the City execute a Subordination Agreement, whereby the City will be second in line should any claims be required. From my research, I found a similar agreement that was executed by Ted Simon in July of 1987. The following is a brief history: February 1, 1983 -City Council approved an Agreement for Construction of a Swimming Pool in Alipaz Street Right of Way. The Agreement required a $19,500 surety to insure construction of a retaining wall or removal of the pool upon improvement of Alipaz Street. February 7, 1984 - The concept of using a Trust Deed as a surety was approved by the City Engineer(Smokey Lohnes) and the City Attorney (Jim Okazaki). August 1984 -A Subordination Agreement was submitted by Heritage Escrow to the City as third in line for claims. December 12, 1984-Smokey Lohnes,authorized by City Manager(Steve Julian),executes the Subordination Agreement. City Council had not yet approved the new agreement, therefore, escrow provided $19,500, later refunded to property owner upon approval of a new agreement. July 28, 1987- Steve Julian, John Shaw and Bill Murphy reviewed/approved the Subordination Agreement required by Cypress Financial for refinancing of the property. City is second in line for claims, the Agreement is executed by Ted Simon. November 1992 - Pacific Escrow submits the Subordination Agreement required for refinancing, the Agreement was signed by Ted Simon. I am not familiar with these types of documents, however the Subordination Agreement submitted this week (attached) appears to be similar, although not exactly like, the 1992 Agreement(also attached). As they wish to close escrow by tommorw I will not have time to have the City Attorney review the Agreement. If you are comfortable with this Agreement as is, please sign with notary and return to me. cc: Dan McFarland Attachment .M-Muller== July 22, 2003 Mr. R. Anthony Foster Engineering Assistant CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Removal of Slope Easement 26391 Calle Roberto San Juan Capistrano Dear Mr. Foster: Thank you for taking the time to visit with Chris Abel and me during our recent trip to the city of San Juan Capistrano. As a follow up to our discussion, I would like to formally request the removal of the easement for slope purposes that overlays the northeasterly portion of my property at 26391 Calle Roberto(Lot 20 of Tract 6169). The easement in favor of the city of San Juan Capistrano is shown on the original Tract Map for our development dated April 1968. The intention of the easement was to provide for the future extension of Alipaz. I have enclosed a copy of the Parcel Map with the easement highlighted. You will note that it also affects Lots 19, 22 and 23. I believe that our request is reasonable since the property below my house has been developed and a large retaining wall with caissons has been installed as part of the Old San Juan Road development. For your reference, I have provided a copy of my agreement with the city of San Juan Capistrano for the installation of my pool and decking which protrudes into the easement area. Also you will see a diagram of how the city wall would have to have been built to work with the existing easement. I developed these plans along with alignment plans at the direction of the city in the process of gaining approvals to build my pool. I feel that the wall installed by the Old San Juan Road developer below our house was more consistent with today's requirements for hillside stability and esthetics. Should Alipaz ever be extended,the newly installed wall would surely serve as the edge of the road. Lastly, 1 have enclosed minutes from a workshop that I attended, after my pool was installed regarding the extension of Alipaz. The drawing my wife and I saw that night avoided grading our hill. I would also imagine that during the design and approval stage of the wall installed behind my property that the future alignment issue was considered. Please review the enclosed material and give me a call to discuss our request. Sincerely, i/�' , /J/� 6 �t�i�— t'p n J. Muller REAL ESTATE DEVELOPMENT • INVESTMENT • MANAGEMENT 23521 Paseo de Valencia,Suite 200 • Laguna Hills, CA 92653 • Telephone(949)460-5380 • Facsimile(949)586-0470 *05 0180 500— t 9-1` _ RECORDING REOUESTEt *at Am. Title Ins. Co. - • Order No. 922649 r. arta wnats saeoaoav rests.To CERTIFIED TO BE A TRUE AND CORRECT CORY 0'r Tyr � ORItIIaA'. Pacific Cpnrmunities Escrow,Ind, PACIF - N� Esc£ow_94466 NR 12 Mauchly, Building L ly , peso L Irvine, CA. 92718 J I I s�4s a. SPACE ABOVE THIS LINE FOR RECOROER'S USE— SA-7A SUBORDINATION AGREEMENT NOTICE; THIS SUBORDINATION AGREEMENT RP3UL73 IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBIELT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURRY THIS AGREEMENT.made then 3rd day of November 3992 by Stephen J. Muller and Diane Muller owner of Sao land horgmaRe described seed hereimtw referred b as"Owner;and 1 The City of San Juan Capistrano present owner oval Kober of the deed of test and ode fhat hcrainafttr described and hereioatra tt[med b as"lsenefieiary"; - - WITNPSSUI'H THAT WHEREAS, ,_ Stephen J. Muller and Diane Marie Muller did"men a deed of trust;dated November 21. 1983 to First American Title Insurance Company , as trustee covering: 244 Lot 20.in Tract No. 6169 as shown on a Map thereofrecordedin Book-22A. -.Pages 19, 20 and 21 of Miscellaneous Maps, records of Orange County, California; (co—only'known as 26391 Calle Roberto, San Juan Capistrano, CA. 92675)- m sum ofPERFORMANCE DEED dated November 21, 1983 in faro, of ThvCei•t fa n Juan Capistrano, F A California General Law City which deed of cost wen[carded February 5, 198 in J&jtrument No. g- 55 Official Record,of said entsalyl anal WHEREAS,Owner has executed,or is about to execute.a deed of trust sad cote in the sum of S 455,00n.00 daMd December 21. 1992 ,in favorof World:Sa.Olagii;A»d'"coan'.Anen.apri'.... ' hereinafter refined to an "Leader,' payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS,its a condition Precedent to obtaining said ben that said deed of trust Last above mentioned shall unconditionally be and remain at all limp a lien or charge upoo.tha land herciabefose described, prior and superior to the lien or charge of the deed of-tryst fust above mentioned; and WHEREAS. Leuder is willing to mage said ban provided the deed of trust securing the same is a lien or thsrge upon the above described property prior and superior to the hen or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lies or charge of the deed of trust fire above mentioned to the lien at charge of the deed of trust in favor of Lender, and WHEREAS,it is b the mutual benefit of the parties hereto that Lender mage such loan to Owner, and Beaefieiary u wilfing that the deed of trust securing the same shall,when recorded,constitute a hen or charge upon said land which is unconditionally prior and superior to the lien or charge of the decd of trust firs]above mentioned. NOW,THEREFOR$iu chnsiderndoo of the mutual tenefis accruing to the parties herein and other valuable considerations, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce sender to make the loan above selected In. it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Leader, and any renewals of extensions thereof, shall uncoat4- tiaoally be and remain at all times a Ren or charge on the property therein described,prior and superior to the lien or charge of the deed of trust first above mcationcd. (2) That Leader would one make is loan above described without this subordination agreement. (f) That this agreement that[ be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would adect the priority between the dccds of trust hcrcinbeforc specifically described,any prier agreements as to such subordination,including.but not limited to,those provisions,if any,contained in the deed of trust first above mentioned,which provide for the subordination of the lien or<hargc thereof b another decd or deeds of trust or to another mortgage or mengage& SUBORDINATION, RECORDED DEED OF TRUST TO DEED OF TRUST TO RECORD. Beneficiary declass,agrees, and acknowledges that (a) He umemo s W and approve, (i) all provisions of the note and deed of trust in favor of Lender above referred to. and (B) all agroemrnu, including but not limited to any lam or escrow agreements, between Owns and Lender for the disbursement of the proceeds of tender's tom; (b) Tender in making diabutsements pursuant to my such agreement is under no obligation or duty to, a" has tender TepfMnled that it will, see to the application of such proceeds by the penoo or Persons m whom Lender disburses inch proceeds aid MY IPPlicatioa W sac of such Proceeds for iurpnses other than those Provided for in such agreement or agreements shall not;defeat the subordination herein made in whole or in part; (c) He imcmimally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust AM above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Leader above referred to and understands that in reliance upon,and in consideration of,this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as Part and par'cd thereof. specific monetary and other obligation are being and will be mitred into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust That above mentioned that said deed of trust bas by this inorummt been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: TTDS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLI. GATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. _ CITY OF,SAN JUAN /CAPISTRANO BY: TdE0A7?E 6, SiMONa 61-y&61A19F1f e M er Beneficiarywner - - - lane Muller (ALL SIGNATURES MUST BE ACKNOWLEDGED) SPATE OF CAUFORNIA SS, COUNTY OF q a is On before me, (Nnary Name and Title) _ I f -�' -10i L c peraonaBY apPaarad - 1. o !t � )to be tin Dsrsamj}whose neme(A - ' E penonnl%ktwwnwme,( yy ecknwwldpad m m,mat hell Alm saecttled the sameln his/herlMair ill $$, Wan maGesibedothe WOW klstrumen on Me NnngneM etre fsatson(aY.or the Gray upon authorized napacay(j*,GM Bun by hisrhad f-69nanore'A behalf n which the pmaongacted,executed the instrument. OFFICIAL SEAL Y WITNESS MY nand and Wowseal. CA.JOHNSON NOTARY ARV p PUBLIC-CALIFORNIA UfNg/GE GBBN7Y Signature MY nnun.eWhs 13, 1993 (Numeral Sen) STATE OF CALIFORNIA SS a COUNTY OF 9 � 9 �� mOn \1 a 9 1 before me, (_11c1 Nd Title) "V'A'U Q,sJ AT2IGIA ErLc ' 0 person Ilya P(seared c mPelsonelly known to me(or proved to rm on the basis n sMlslaCW- evidende)-y he the same In his nsmG(s) ie/sn subscribed to thswltfifn lr swmenl and eckrlowAed9ad W me the imo memd the pq the same ht hisBlerAhen G authorized capac 083),and that by hia)hedmetr signatue(s)on the ktstrument the persoMs),or the artily upon behalf of which the pelSoMs)acted,eseculed the menspmem .. WITNESS my hand soul dicta!seal OFFS('IAL SEAL NANCY PATRiOA REp.LY NO+J PI tOGVi -iALIFOGNIA Signa a RSIDE ODIJITTI My mets s . *a XL.1991 (Notarial Snail IT IS RECOMMENDED THAT,PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIFS CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (CLIA SUBORDINATION FORM 'A") .0 ill i This Space Reserved For Recorders Use: Filed for Record at Request of AFTER RECORDING MAIL TO: Name Pacific Mercantile Bank Address 949 S.Coast Dr. Ste.300 City, State, Costa Mesa,CA 92626 Subordination Agreement NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. The undersigned subordinator and owner agrees as follows: The City of San Juan Capistrano referred to herein as"subordinator",is the owner and holder of a Dad of Trust dated February 15 1984 which is recorded as Instrument#84-065516 In the records of Orange County. 2. Pacific Mercantile Bank referred to herein as"lender",is the owner and holder of a Deed of Trust dated August 21 2003 executed by Sleven J.Muller and Diane NInller To be recorded Concurrently In the records of Orange County 3. Steven.l.Muller and Diane Muller referred to herein as"owner",is the owner of all the real property described in the mortgage identified above in paragraph 2. 4. In consideration of benefits to"subordinator"from"owner",receipt and sufficiency of which is hereby acknowledged,and to induce"lender"to advance funds under its mortgage and all agreements in conisation therewith,the"subordinator"does hereby unconditionally subordinate the lien of his mortgage identified in Paragraph 1 above to the lien of"lenders" mortgage, identified in Paragraph 2 above, and all advances or charges made or accruing there under, including any extension or renewal thereof. 5. "Subordinator" acknowledges that, prior to the execution hereof, he has had the opportunity to examine the terms of "lender's"mortgage,note and agreements relating thereto,consents to and approves same,and recognizes that"lender"has no obligation to "subordinator"to advance any funds under its mortgage or see to the application of"lenders"mortgage funds, and any application or use of such funds for purposes other than those provided for in such mortgage, note or agreements shall not defeat the subordination herein made in whole or in part. 6. It is understood by the parties hereto that"lender"would not make the loan secured by the mortgage in Paragraph 2 without this agreement. 7. This agreement shall be the whole and only agreement between the parties hereto with regard to the subordination of the lien or charge of the mortgage first above mentioned to the lien or charge of the mortgage in favor of"lender" above referred to and shall supersede and cancel any prior agreements as to such,or any,subordination including,but not limited to,those provisions, if any,contained in the mortgage first above mentioned,which provide for the subordination of the lien or charge thereof to a mortgage or mortgages to be thereafter executed. 8. The heirs,administrators,assigns and successors in interest of the"subordinator"shall be bound by this agreement. Where the word "mortgage" appears herein it shall be considered as "deed of trust", and gender and number of pronouns considered to conform to undersigned. Executed this 27th day of August 2003 NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. City of San Juan Capistrano Stephen J.Muller William M. Huber,Director of Engineering Building Diane Muller STATE OF } County of SS. I certify that I know or have satisfactory evidence that the person who appeared before me, and said person acknowledged that signed this instrument and acknowledge it to be free and voluntary act for the uses and purposes mentioned in this instrument. Dated: Name(tvoed or minted): Notary Public in and for the State of Residing at My appointment expires: PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On August 27,2003 before me,Margaret R.Monahan,City Clerk,personally appeared William M. Huber,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entityupon behalf of which the persons acted,executed the instrument. (SEAL) WITNESS my hand and official seal. i r OPTIONAL Capacity Claimed by Signer Description of Attached Document Director—Engineering&Building Subordination Agreement Title or Type of Document Title I Number of Pages Signer is Representing August 27, 2003 City of San Juan Capistrano Date of Document Stephen J. Muller&Diane Muller Signer(s)Other Than Named Above Pacific Communities Escrow, Inc. 12 Mauchly, Building LjS" Irvine, CA 92718 (714 ) 753-0650 FAX (714) 753-0655 City of San Juan Capistrano January 8, 1993 Mr. Ted Simon, City Engineer Escrow #: 4466NR 32400 Paseo Adelanto Property: 26391 Calle Roberto San Juan Capistrano, Ca. 92675 San Juan Capistrano, CA 92675 Reference: MULLER, Stephen J. and Diane Dear Mr. Simon: We enclose a copy of the fully executed Subordination document on the above file. This escrow recorded on 01/05/93. Thank you for your assistance in the closing of this file! Sincerely, PACIFIC C UNITIES ES W, INC. Nancy Reilly, C.S.E.O. , Escrow Officer n y 9 � s N J Z'7 F z .y . o " Z N � 9p 9 �. ^ RECORDING REOUESTE� First Am. Title Ins, Co, Order No. 922649 P. AND wstaa/ tlacONDaD MAIL TO CERTIFIED TO BE d, IRt1E AND CORRECT Pacific_ Communities Escrow,IntS, PACIFi t+..r Esctow.54466 NR u 12 Mauchly, Building L � °tomIrvine, CA. 92718 _j I 1519 SPACE ABOVE THIS LINE FOR RECORDER'S USE SA-7A SUBORDINATION AGREEMENT A.P.N. NOTIC& T= SUBORDINATION AGREEMENT RESULTB IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INITRUMENT. THIS AGREEMENT,made this 3rd day of November 1992,by Stephen J. Muller and Diane Muller owner of the land hereinafter described and hereinafter referred to as"Owner; and — The City of San Juan Capistrano .., present owner and holder of the deed of trust and nota Ant hereinafter described and hereinafter referred to as "Beneficiary"; WTTNESSLrrH THAT VYHELEAS. Stephen J. Muller and Diane Marie Muller Aid execute a deed of trust, dated November 21 , 1983 to First American Title Insurance Company as trustee, covering: 294 Lot 20 in Tract No. 6169 as shown on a Map thereof recorded in Book-214, Pages 19, 20 and 21 of Miscellaneous Maps, records of Orange County, California; (commonly known as 26391 Calle Roberto, San Juan Capistrano, CA. 92675) o secure • note in the sum off PERFORMANCE DEED dated November 21, 1983 in (error of The City of San Juan Capistrano, A California General Law City which deed of trust was recorded February 15, 1984 in pa$g6 m "itruent No. 44-06551 4 , ., Oficial Accords of said county; and WHEREAS.Owner has executed,or is about to execute,a deed of trust and note in the sum of f 455;001.).00 dated December 21, 1992 infavorof World. SaOl.ngc..Aad :Cnari. Ascr,pint-;,,n ' hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all timp a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender, and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner, and 9eneficiary is willing that the deed of trust securing the same shall, when recorded, constitute alien or charge upon said land which is unconditionally prior sad superior to the lien or charge of the deed of trust fro above mentioned. NOW. THEREFORE, iu-comideradou of the mutual benefits accruing to the parties hereto and other valuable consideration the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Leader to mane the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Leader, and any renewals or extensions thereof, shall uncondi- tionally be and remain at all times a lieu or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (7) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described,any prior agreements as to such subordination,including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. $SUBORDINATION, RECORDED DEED OF TRUST TO DEED OF TRUST TO RECORD. Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (U) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, not has Lender represented that it will, we to the application of such proceeds by the person or persons to whom Lender disburses such proceeds add any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, m part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: TUN SUBORDJNATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLI- GATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. CITY OFSAN //.YUAN CAPIISTRANO �fJ BY: 1)ud3gm 0 .5IZr, Y Ti/EOibQE G. ,S,,,nal/, /TY �iu6/NkF/1 e h M er �� Beneficiary caner Diane Muller (ALL SIGNATURES MUST BE ACKNOWLEDGED) STATE OF CALIFORNIAJ i SS. 6 a COUNTY OF oh before me, m On (Notary Name and Tkle) 'g 616L r G t 121 el personally appeared I O ' c )to be the person(()whose namely) y. mpersonally known to me( executed the same in his/herHfreir .o is/an subscribed to the within instrument and acknowledged on the instrument the Person(aY,or the entity upon m authorized capac;0099), and that by his/h614*&W**fg"sMM behalf of which the person(eacted, executed the instrument. OFFICIAL SEAL WITNESS /my hand and official seal. CHERYL A. JOHNSON 1 G/ Ol NOTARY PUBLIC -CALIFORNIA OFNuNGE COUNTY Signature My cottua expires DEC 13, 1993 (Notarial seal) STATE OF CALIFORNIA SS. a COUNTY OF m m On� Q 9, before me, (Notary Name a d Title) q'C2l CIA CtIL u Y personally appearetl personally known io me(or proved to me on the basis o satisfactory at evidenhe/shece) t be th ed the same n his/her/thelf -- - V is /are subscribed to the Within inslrumim and acknowtedg ed to m authorized capacity(les), and that by his/herltheir signatures)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. ._ WITNESS my hand and official seal. OFFIf'TAt, SEAL < NANCY pATRICIAj F0n,%1 1SIMr PUuL' - lAt.Ril Slgnat e I RIVERSIDE 1984 1" tomes. O*o Aft ZZ, (Notartal Seal) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIFS CONSULT WITH THEIR ATTORNEYS WITH RESPECT T'IIERETO. (CLTA SUBORDINATION FORM "A") TRABUCO-ALIPAZ WORKSHOP MINUTES November 15, 1989 La Sala Room, SJC Library In Attendance: Larry Buchheim, City Councilman Ken Friess, City Councilman W. D. Murphy, Director of Public Works Jeff Parker, Assistant to the City Manager Larry Lawrence, Consultant (Lawrence Associates) Tom Lynch, Consultant Bill Worsham, Consultant (RBF) Mr. W. D. Murphy opened the meeting at 7:10 p.m. by introducing Staff members and Consultants to a group of 50 citizens and business people. He gave a brief introduction to those in attendance, noting that the purpose of this workshop was to share with the community the work done over the past year in addressing flood protection needs on Trabuco Creek and the City's General Plan for the extension of Alipaz. Mr. Murphy noted that the Floodplain Management Committee has been in operation for over a year. The purpose of the Committee was to address flood issues in the City and it quickly became apparent that if the Alipaz Extension as set forth in the General Plan were to take place, a study was needed to address the flood protection needs on Trabuco Creek. Mr. Murphy introduced Mr. Larry Lawrence, City Consultant, who gave a description of the existing conditions of the creek and the adjacent land uses. Mr. Lawrence empha- sized the City's commitment to preservation of the natural character of the land while addressing the need for flood protection on Trabuco Creek. Mr. Lawrence outlined the various agencies affected in the study and whose needs must be considered in addressing the flood issues for Trabuco Creek (Orange County EMA, Orange County Flood Control District, California Department of Fish and Game, U. S. Army Corps of Engineers, U. S. Fish and Wildlife Service). Mr. Lawrence presented the two alternates selected by the Committee as possible solutions to the flood protection issue: Alternate 1 - Riprap or Armorflex Design with laid back upper slopes. This alter- nate would allow some river bank vegetation, with a drop off to a low flow area which would accommodate inose 15 year type floods. The "whole creek area" would accommodate a 100 year flood. Alternate 2 - "Maximum Habitat" with longer Alipaz Bridge and minimum loss of wetland habitat. This alternate would have a much wider channel than Alternate I and steeper slopes, with a soil/cement liner. The bank would be fairly consistent with the existing bank and would allow for more wetland area. Mr. Tom Lynch, City Consultant, then addressed the group with regard to the Alipaz alignment. He noted that the General Plan designates Alipaz as a secondary highway connecting to Junipero Serra. He noted that this alignment would relieve traffic conges- tion on Camino Capistrano and Del Obispo and allow access to proposed development. In studying the various alignment alternatives, it was determined that Alignment B. that following closely along Trabuco Creek, was the most favored by staff. This alignment reduced the need for massive grading in the area. A traffic study done indicated that if Trabuco-Alipaz Worksh*Ainutes • November 15. 1989 Page 2 built now, Alipaz would service 129500 cars per day. Almost all would be coming from Camino Capistrano, Ortega Highway and Del Obispo. The study predicted that by 1995, after all development is completed in the area, Alipaz would carry 14,500 cars per day. This would offer considerable traffic relief for the downtown area. The proposal would allow for bike and equestrian trails, as well as two bridges crossing over the creek, allowing a linkage to the ridge trail. Mr. Bill Worsham, Flood Control Design Consultant from RBF, discussed further the two design alternates for flood control. Mr. Worsham reviewed the needs of the various agencies affected by such a project and the advantages and disadvantages of the two alternates. He also noted that an extensive bridge would be required as part of the overall project to connect Alipaz with 7unipero Serra over the railroad. Mr. Worsham noted that Alternate 1 (Rip Rap) presented some problems with scouring and silt build-up and that. although Alternate 2 (Soil Cement) would require more maintenance than Alternate 1, it appeared to be the better of the two for hydraulic performance. Both alternates would meet City and County requirements for flood control while generally keeping with the natural character of the land. Alternate 2 better meets the needs and concerns relative to the preservation of wildlife and wetland and maintaining the natural habitat area. In addressing the cost estimates, Mr. Worsham explained that between $23-30 million would be required for this project, using either alternate. After a brief recess, Mr. Murphy noted that other alternatives had been considered in the study, but that these appeared to be the most feasible designs. He expressed staff's surprise and concern at the high cost of this project and discussed various avenues of obtaining funding should the community choose to pursue it. He indicated that the City could apply for funding in the area of transportation, but that flood monies were not readily available from Orange County, as their first priority at this time is the Santa Ana River Project. Some monies could be required of Developers in the area, but overall, it is probably not feasible that monies even close to $23-30 million can be achieved through these avenues. Staff questioned whether the community could or would want to achieve this goal. Mr. Lawrence discussed the City's General Plan for the extension of Alipaz and noted that perhaps other less costly alternatives could be considered, such as the partial extension of Alipaz to access the Turner property or perhaps extend Alipaz north to link with Oso Road which has an existing at grade crossing. Any such alternatives would require a General Plan Amendment and may not relieve the downtown traffic congestion as effectively. Mr. Friess then discussed the feasibility of the community being able to raise the funds necessary to implement this project. He suggested that, since Del Avion has opened and as other traffic alternatives are being implemented, perhaps the City is not as pressed to extend Alipaz for the purposes of traffic relief in the downtown area. He noted that the need for flood protection may not be as great if the community chooses not to allow further development in the area. He noted that Staff and the Council were here to lay out the facts, to make the community aware that, should the City proceed with the General Plan, this project would be necessary. Mr. Buchheim then explained that this study was necessary in order to determine the feasibility of proceeding with the General Plan for the extension of Alipaz. The costs were not anticipated to be this great. Staff and the Council now need to have feedback from the community as to which direction to pursue. Mr. Buchheim explained that amendments can be made to the General Plan if that is found to be the wish of the community. Trabuco-Alipaz Workshoinutes • November 15, 1989 Page 3 Several residents then addressed the workshop leaders with questions and viewpoints on the project and the study: Larry Pearson expressed his opinion that a real documented need for the extension of Alipaz has not been shown, noting the high costs and the damage to the natural habitat of the area. Charlotte Brown felt that people should reconsider whether they really want the Alipaz extension at all. She felt that it would be more favorable to build a mean- dering trail through that area and tolerate a little more traffic congestion than to proceed with this project. Ilse Byrnes reviewed a proposed bond issue that would allow for funds to build a park north of the confluence of Trabuco and Oso Creeks. She suggested that per- haps the community should be requesting that the Council explore the costs of building a trail along Trabuco Creek which would link with the County trail system and connect to the proposed park site. Steve Barnhart questioned how the homes in the Westport and De La Vista areas would be protected if nothing was done. Mr. Murphy and Mr. Lawrence then explained that the slopes in the Westport area are protected by underground rock and that shale and the current channel lining protect the De La Vista area. Bill Bathgate talked about the scouring that has taken place in the river bottom over the years and questioned whether the implementation of this plan would have any effect on the upstream water shed, whether erosion would continue to take place. Mr. Murphy pointed out that several stabilizers were proposed to cross the creek for the purpose of minimizing the erosion problem. Mr. Bathgate was still apprehensive about the effectiveness of such stabilizers. Van Willigan felt that the current level of traffic does not warrant a $30 million project. He felt that more economical solutions to the traffic problem could be found - perhaps the extension of Stonehill. Leona Fitzpatrick had questions regarding the extension of Stonehill and the possi- bility of Del Avion being extended to the freeway. Mr. Murphy answered some of her questions regarding the funding of the Stonehill Drive Extension and explained that a south5ound off ramp to Stonehill would be quite some time off. He noted that the extension of Del Avion crossing San Juan Creek had been dismissed long ago by the community. He also noted that Caminos Los Padres, as built in Laguna Niguel, was a County requirement and a difficult connection to San Juan Capis- trano due to design constraints, agricultural preservation lands, etc. Jack Butler questioned what areas would be protected by the implementation of this plan. Mr. Murphy indicated that the study focused just on the immediate area along the creek and addressed those needs only. Bill Worsham, Consultant, discussed ultimate discharge upstream and the Orange County Flood Control District's projection of flow at ultimate development. Mr. Bathgate asked whether the railroad underpass alternative had been dis- missed. Mr. Murphy said the underpass was not feasible due to the high cost of a temporary realignment and the ground water table problems. Trabuco-Alipaz Worksheminutes • - November 15, 1989 • Page 4 Comment by Carolyn Nash - Would City consider Alternate 2 creek protection even without implementation of Alipaz extension. Mr. Murphy indicated we would need to evaluate what we would be protecting. Henry Hsiao noted that a great deal of his land had been lost due to erosion in Oso Creek and questioned whether City would have to make channel improvements if they were to purchase this land for future use. Mr. Buchheim confirmed that some flood protection would be necessary. There was some discussion about the possibility of upstream dams being built. Mr. Murphy noted that only the Galivan Basin on the Oso was being considered and there were were no proposals at this time on the Trabuco. Herb Nakasone, OCEMA, com- mented on San Diego Creek and areas where people could view the implementation of Alternates 1 and 2 were discussed. Mr. Murphy noted that the comments of the community would be forwarded to the Floodplain Management Committee for review. It is anticipated that a report will be submitted to the City Council in February 1990. The workshop adjourned at 9:05 p.m.. The citizens were invited at that time to further discuss with Staff and Council their other questions and concerns. nb ISECORDING REQUESTED By 87-434031, '4N RECORDING REQUESTED BY CHICAGO TITLE INS. CO. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA AND WHEN RECORDED MAIL TO -4:00 JUL301987 CITY OF SAN JUAN CAPISTRANO PM 32400 PASEO ADELANTO $9.00 s1,„I SAN JUAN CAPISTRANO, CA 92675 ce "'}"'a RECORDER Add,.,. ATTN: CITY ENGINEER Cur& --f St... SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this__. -10th day of July 1 19 87 , by _ STEPHEN J. MULLER AND DIANE MULLER.husband-_and wife & Crof the land hereinafter described and hereinafter referred to as "Owner,” and THE CITY OF SAN TTTAN _ CAPISTRANO, a California General Law City f _._. , present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; f WITNESSETH THAT WHEREAS, -STEPHEN J. MUL_L9R AND, DIANE MARIE MULLF.R1 husband and wife did execute a deed of trust, dated November 21, 1983_ _, to FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION__ as trustee, covering: LOT 20 IN TRACT NO. 6169, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 244, PAGES 19,20 AND 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA p 4 to secure a note in the sum of $_ NOT SHOWN _____, dated NOVEMBER 21, 1983 in favor of THE CITY OF SAN JUAN CAPISTRANO-,—A CALIFORNIA GENERAL LAW CITY which deed of trust was recorded FEBRUARY 15,_1984-_ _ - , i(r"i,�}/TNSTRUMF.NT#age8A_-0 i5.5L6_, Official Records of said county; and WHEREAS,Owner has executed,or is about to execute,a deed of trust and note in the sum of $,345,000.00 dated July 13� 1987__ in favor of __gess Financial Corporation —, hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of hast securing the same shall, when recorded, con,[itutc a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. ) NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above 7 referred to, it Is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall uncondi- tionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (7) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreements as to such suhordination, including, but not limited to, those provisions, if any. contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to :mother mortgage or mortgages. j SUBORDINATION, RECORDED DEED OF TRUST TO DEED OF TRUST TO RECORD. 87-434031 Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, t' and iii) all agreelSTents, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b)-Lender in hiakmg disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represemed that it Mili, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon, said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will he entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLI- GATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. THE CITY OF SAN JUAN CAPISTRANO, A CALIFORNIA GENERAL LAW. CITY BY: - -- THEODORE G. SIMON S N J%-- Beneficiary D ANE MULLER Owner (ALI. SIGNATURES MUST BE ACKNOWLEDGED) CORPORATE ACKNOWLEDGMENT NO.202 Foria On this the�$thdayOf T ty_ 198 before me, SS. e Mary A ( arlsonthe undersigned Notary Public, personally appeared Theodore G. SimonN] personally known to me" ❑ proved to meon the basis of satisfactory evidence ^-' A CAP,I-SON to be the person(s)who executed the within instrument asci al - Ic 'cALiFORNIA City Engineer or on behalf.of ih�c�orporat�on therein munTc ap'q^'.3Y res JAN named,and acknowledged to me that thencorporakon executed it. mm. IT expires,-y_. 1N!5WITNESS my hand and official seal. of ry's nature ]120 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. Po.Box 4625 woodland Hills,CA 91365-4625 STATE OF CALIFORNIA j SS. COUNTY OF Orange 1JJ o On this 29th day of .1111 V in the year a r m —1.987 , before me, the undersigned, a Notary Public in Z 0 a and for said County and State, personally appeared 0 Stephen J Muller and Diane Muller U w personally known to me (or proved to me on the basis of satisfactory OFFICIAL SEAL a evidence) to be the person S whose name ' S MELINDA BROCK W _ A YP subscribed to the within instrument and NOTARY PUBLIC • CALIFORNIA 2 i] 010111I'OOIIBIY m z acknowledged that 1-h Per executed the My Comm, u0m MY 23, IM 1- 1— same. F a Signature JI y in Name (Typed or Printed) Notary Public in and for said County and State F.2492 R 11 ie2 FOR NOTARY SEAL OR STAMP GOVERNMENT CODE 2736.7 87.-43403 ! I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows : Name of Notary Date Commission E pi.res County where bond is filed — Place of execution C Date r signature, fi neme ,. if any) Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (it all provisions of the note and deed of trust in favor of Lender above referred to, and (it) all agreements, including but not limited to any loan or escrow agreements. between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement n under no obligation or duty to. nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for In such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver. relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other ohligations are being and will he entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment .md subordination: and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLI. GATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. THE CITY OF SAN JUAN CAPISTRANO, A CALIFORNIA GENE LAW CITY BY: _ --- THEODORE G. SIMON STEPHEN J. MULLER Beneficiary DIANE MULLER Owner (ALL SIGNATURES MUST BE ACKNOWLEDGED) CORPORATE ACKNOWLEDGMENT No 202 1 State of California On this the 281hday of Jnt� 19B�,before me, SS. } County of Orange Mary A Carlson the undersigned Notary Public, personally appeared Theodore G. Simon \� IC personally known to me C- ❑ proved to me on the basis of satisfactory evidence P' ('A?'SCSI to be the person(s)who executed the within instrument as City Engineer munici�al ROTA.< _ cAUFcrTN!A or on behalf.of Sht{ orpora on therein _. , c0 ^'n n municipal ?a MY comm. larp:ras JT.Y 5, 1.88 named,and acknowledged to me that the'corpora on executed it. iLs WITNESS my haanddwand official seal. 1 �Io't� N f s Sihnature X120122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. • PO.80.4625 Woodlandlillle,CA 913654625 PLEASE NOTE that this document be signed and It is necessary eacknowledged before a Notary Public- please sign your name exactly as it is typewritten. �W\ _ CHICAGO TITLE: F.6594 IT IS RECOMMENDED THAT. PRIOR TO THE: EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. F.3453 (CLTA SUBORDINAIION FORM "A") f RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO S,...I SAN JUAN CAPISTRANO, CA 92675 Ade,.,, ATTN: CITY ENGINEER City a S,.,. _ SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this— 10th day of July 19 87 , by STEPHEN J. MULLER AND DIANE.MULLER. husband and wife CWi the land hereinafter described and hereinafter referred to as "Owner," and THE CITY OF GAN TITAN CAPIMANO, a California General Law City _ present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS. STEPHEN J. HULLER AND DIANE P4ARIE D1CiLLER1 husband and wife did execute a deed of trust, dated — November 21, 1983---, to - FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION as trustee, covering: LOT 20 IN TRACT NO. 6169, IN THE CITY OF SAN JUAN CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 2474, PAGES 19,20 AND 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA to secure a note in the sum of S _ NOT SHOWN dated _ NOVEMBER 21, 1983 _ in favor of THE CITY_ OF SAN JUAN CAPISTRANO, A CALIFO_R_NIA GENERAL LAW CITY which deed of trust was recorded FEBRUARY_ 15.1984i(t"il/INH1RHMRNT#age84-065516 , Official Records of said county; and WHEREAS,Owner has executed,or is about toexecute, a deed of trust and nate in the sum of$ 345000.00 ,--! - ---. dated ress Financial CO in favor of rporation __ .. _____-_ -. __ hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of true in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, conatrute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it Is hereby declared, understood and agreed as follows: (I) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall uncondi- tionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. 12) That Lender would not make its loan above described without this subordination agreement. 1 I 1 That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of Iru,a fir.t above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and .hall supersede and canscl. but only mortar as would affect the priority between the deeds of trust hereinbefore specifically dewrihed. anv prior agrcemen1. as to such subordination. including, but not limited to. thou provisions, if any. contained in the deed of trust first above mentioned. which provide for the subordination of the lien or charge thereof to another deed or deeds of tris or to another mortgage or mortgages. St BORDINATION, RECORDED DEED OF TR(ST TO DEED OF TRUST TO RECORD. TO: CHICAGO TITLE COMPANY July 10, 1987 825 N. Broadway Escrow #9705 Santa Ana, CA 92701 Attn: Peggy Purcell I hand you herewith a Subordination Agreement dated July 10, 1987, see Exhibit "A" attached, which you may record and to which NO consideration is due me for the use of this docwent. THE CITY OF SAN JUAN CAPISTRANO, A CALIFORNIA GENERAL LAW CITY /�� J /?/EODO�L � SN,o.✓ CHICAGO TITLE 825 NORTH BROADWAY, SANTA ANA, CA 92701 (714) 547-7251 July 10, 1987 e f City of San Juan Capistrano 4w 32400 Paseo Adelanto San Juan Capistrano, CA Attn: Ted Simon, City Engineer RE: Escrow #9705 Muller Dear Mr. Simon: Enclosed is the Subordination Agreement we have discussed so many titres. I will fill in the date of the Deed of Trust when I receive loan documents. I have also enclosed a letter giving us authorization to record this document. Please execute these documents at your earliest convenience. If you have any questions please feel free to call. Men the documents are ready please call and I will have a messenger pick them up. Sincerely, Peggy cell X17 Escrow Officer enc. irk C,NI cO� � r#�"y3 . CC�J 14 £ 400 P If61BA SAN J Rt57R 7FA IA 92675 December 12 , 1984 Teresa J. Roberts The Heritage Escrow Company 27405 Puerta Real, Suite 180 Mission Viejo, California 92691 Re: Muller, Escrow No. 3-3233 Lot 20 , Tract 6169 Dear Ms. Roberts: I have enclosed the subordination agreement you provided our office on December 11 , 1984 . I have executed the agreement on behalf of the City of San Juan Capistrano with the authorization of the City Manager. As you stated, you will provide a payment of $19 , 500 to the City of San Juan Capistrano at the close of the subject escrow. We will hold the funds you provide until the City Council approves the subordination agreement. I will need documentation that provides: 1 . The appraisal value of the structure and property. 2. The parties holding deeds of trust or lien rights senior to the City' s and the amounts of these deeds of trust or lien rights. cp� ,,nvx �cmcc,PcY - G�FiNL The Heritage Escrow Company -2- December 12 , 1984 I will notify you if further information is necessary. Please let me know when the escrow is to close. Very truly your Geo ge M. Lohne , Jr. City Engineer GML/mac Enclosure cc: Stephen B. Julian John Shaw W. D. Murphy RFOE�'+E:D 4SPM �� Tt3E �Jr HERITAGE ESCROW 3�,NN COMPANY R APN OF ORANGE COUNTY 27405 Puerta Real Suite 180 Mission Viejo, CA 92691 (714)643-1715 George Lohnes, City Engineer The City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Stephen J. Muller and Diane Muller, Escrow No. 3-3233 Property: 26391 Calle Roberto, San Juan Capistrano, CA Dear Smokey; Enclosed you will find a re-drawn Subordination Agreement for signature by the City as per our phone conversation of December 10 , 1984 Please Note: I was not sure which Notary Jurat applies to the City and in what capacity the signator would be signing. Please be sure to affix the correct jurat for the notary to complete. In addition, Please forward to me a cover letter as we discussed, indicating that I can use the subordination agreement when I hold for the account of the City of San Juan the funds. I had Mr. and Mrs. Muller sign an amendment to my escrow instructions last night authorizing me to hand $19,500.00 to the City at close of escrow. Please give me a call when the documentation is ready for pick up, and I will make arrangements for same. Thank you for your help in this matter. Sincerely Teresa . Roberts Escrow Officer enc CONICAL COMCAL MORTGAGE SERVICE& INC. A subsidiary of Community Savings. Fond du Lac,Wisconsin September 17, 1984 a CITY OF SAN JUAN CAPISTRANO �IN� 32400 Paseo Adelanto SEp 2 San Juan Capistrano, CA 92675 OF A O ATTN: George "Smokey" Lohnas gpN JuaNCppjs RE: Stephen & Diane Muller -26391-9aZ1e Roberto San Juan Capistrano, CA Dear Smokey, You indicated on Friday, September 14 that the City of San Juan Capistrano wanted to have some idea of what status the subject property would be in after our escrow closes. Based on the information we've received from the title company and the appraiser, we can offer the following: There is currently 5 Deeds of Trust recorded against the property. The let is with Imperial S/L; 2nd is with Lloyds Bank; 3rd is with Imperial Bank; 4th is the City of San Juan Capistrano; 5th is with Commerce Bank. If our escrow closes, the following will be applicable to the subject property: The 1st will be with Imperial S/L; 2nd will be Mortgage Loans America; 3rd will be the City of San Juan Capistrano. The existing 2nd and 3rd will be paid off with this loan and the existing 5th is strictly a line of credit, which will be eliminated. As you can tell, the City of San Juan Capistrano will move from 4th place up to 3rd place, if they are willing to give us a subordination agreement to that effect. If they aren't we will be unable to close our loan. Based on the information given on the appraisal, there is more than enough equity left over to cover the City's lien for the swimming pool. Please make note of the fact that we cannot close our loan without the subordination agreement. If there' s anything else I can help you with, please don't hesitate to call me. Sincerely, C� OMCAL MORTG GE SERVICES, INC. Donna Frost Office Manager 400 N. Tustin Ave., Suite 400, Santa Ana, California 92705 Telephone (714) 973-2800 RECORDING REQUESTED BY 84-521879 TEmmmiG TiE01sE81ED BY CALIFORNIA LANA TiTLE CO. ' RECORDED IN OFFICIAL RECORDS AND WHEN RECOrZDM VATO OF ORANGE COUNTY,CALIFORNIA F -215 PM DEC 18'84 aoo Name LC Na e City of San Juan Capistrano 7COUNTY sneer 32400 Paseo Adelanto -C�' -/ RECORDER Amress San Juan Capistrano, CA 92675 ON&LAttn c City Engineer store SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 11 th day of—December_ __ . 1q 84 , by STEPHEN J. MULLER AND DIANE MULLER, husband and wife owner of the land hereinafter described and hereinafter referred to as "Owner."and The City ofSan_Juan _ Capistrano, A California General Law City _ present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as"Beneficiary", C`10 1 WITNESSETH Cli THAT WHEREAS,Stephei Muller and Diane Mul l ar huchand an r3 wi fa __ did execute a deed of trust, dated MovemT,ar to The City of San Juan L Capistrano, A California General_Law City, as trustee,covering: --r Lot 20, of Tract 6169, as per map recorded in Book 244, pages 19 through 21 inclusive of Miscellaneous Maps records of Orange County, California to secure a note in the sum of$ Not Shown ,dated November 21, 1983 , in favor of The City of San Juan Capistrano A as zrssrCalifrnmeorninc a Gen of ,which deed of trust was recorded February 15, 1984 in book -- page ----. ,Official Records of said county;and WHEREAS,Owner hc75 December, executed,Cris about to execute,a deed of trust and note in the sum of S200,000.00 dated 1984 in favor of Sierra Fundiin�_ hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein,which deed of trust is to be recorded concurrently herewith.and A WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned;and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the Iles or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender;and WHEREAS, if is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing , that the deed of trust securing the some shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged,and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows. (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall uncondi- tionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without-his subordination agreement. (3) That this agreement shall be the whole and only agreement between the parties hereto with regard to the subordi- nation of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to an shall supersede and cancel any prior agreements as to such, or any, subordination including, but not limited to, those provisions, If any, contained In the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to a deed or deeds of trust or to a mortgage or mortgages to be thereafter executed TM SUBORDINATION, RECORDED DEED OF TRUST TO DEED OF TRUST TO RECORD. (CLTA SUBORDINATION FORM "A") 84-521879 Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan, (b) Lender In making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that It will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part, (c) He Intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and In consideration of,this waiver, relinquishment and subordination specific loans and advances are being and will be made and,as part and parcel thereof, specific monetary and other obligations are being and will be entered Into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination, and (d) An endorsement has been placed upon the note secured by the deed of Trust first above mentioned that sold deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLI- GATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. THE CITY OF SAN JUAN CAP7FTRANO, A CALIFORNIA GENE LAW TY BY: (' GE41ME M. LOHNES, S r Beneficiary IANE L ROwner (ALL SIGNATURES MUST BE ACKNOWLEDGED) STATE OF CALIFOT m COUNTY OF _ __—nge Iss. U _ - before me,the undersigned,a Notary Public in and for said State,personally appeared Stephen _7_Mullexn�+ F aae--Muller- --- A U E — LLPersonally known to me(or proved to me on the basis of satis- factory evidence)to bathe persons)whose name(s)is/aresub- • II MmL wim scribed to the within instrument and acknowledged to me that71V4 SIfu".CA110� b he/she/they executed the same. CommFxplm3 MwIR I!NWITNESS my hand and official seal. - -_ s o nature 9 � Si (This area for official notarial seal) NO.102 On this the 12th day of December 19 B4 ,before me, 1 County of Orange 1 SS. Mary A. Carlson 1 the undersigned Notary Public,personally appeared George M. Lohnes, Jr. ® personally known tome ❑ proved tome on the basis of satisfactory evidence to be the persons who executed the within instrumer"Algicipal City Engineer or on behalf of tbVcprporation therein municI a =9NOTARY ICIAL SEAL named,and acknowledged tome that the�orporatl(Pin executed it. Y A CARLSON WITNESS my hand and offic' I seal. UBLIC -CALIFORNIARANGE COUNTYm. expires JAN 5, 1988 G.(/L(.1 L4 J�'/Y✓ Nota s Si ature 1120 122 NATIONAL NOTARY ASSOCIATION•231 Vi Si•P.O.eox 4626•WaoGlrtntl Hill CA 91 RECORDING REQUESTED By AND WHEN RECORDED MMI TO City of San Juan Capistrano Name 32400 Paseo Adelanto sneer San Juan Capistrano, CA 92675 Address City Engineer J aN& SPACE ABOVE THIS LINE FOR RECORDER'S USE Stole SUBORDINATION AGREEMENT FNOTICE: SUBORDINATION AGREEMENTRESULTS IN YOUR SECURITY INTEREST IN THE PROPERTYBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY20th day of AU USt . 1984 , by —THIS AGREENT, made this --- Husband and wife �._ STEPHEN J. MULLER AND DIANE_MARIE MT3LLER!- Thety o£ �a^ — owner of the land hereinafter described and hereinafter referred to as "Owner,"and resent owner and holder of the deed of Trust Capistrano A California General Law Citv P and note first hereinafter described and hereinafter referred to as Beneficiary"; WITNESSETH THAT WHEREAS. Stephen J. Muller and Diane Marie Muller husband and wife _ November 21 1983_ .To—'the itofatsluan did execute a deed of trust,doted --- ,as trustee,covering'. Capistrano, A California General Law City Lot 20, of Tract 6169, as per map recorded in book 244, pages 19 through 21 inclusive of Miscellaneous Maps , records of Orange County, California. io secure a note in the sum of$ NOT SHOWN -------_ ,dated_ November 21, 1983 __ in favor of The City of San Juan Capistrano.A California General LC, - ,which deed 35-1n 7:_-Il[[eIIL-TLOX10 of trust was recorded-.— Febru� 11984 , in book --_ — be�ge _ - — ,Official Records of said county:and WHEREAS. Owner has executed, or is about to execute,a deed of trust and note in the sum of S _ dated_ - --_ in favor of hereinafter referred to as"Lender," payable with interest and upon the terms and conditions described therein,which deed of trust is to be recorded concurrently herewith;and Q C WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned;and WHEREAS, Lender Is willing to make said loan provided the deed of trust securing the some is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust In favor of Lender;and WHEREAS, if is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the some shall. when recorded, constitute a lien or charge upon said land which is unconditionally 4\ prior and superior to the lien or charge of the deed of trust first above mentioned NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged,and in order to induce Lender to make the loan above referred to, it is hereby declared,understood and agreed as follows: (1) That said deed of trust securing said note In favor of Lender, and any renewals or extensions thereof, shall uncondi- tionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement between the parties hereto with regard to the subordl- notlon of the lien or charge of the deed of trust first above mentioned to the Ilan or charge of the deed of trust in favor of Lender above referred to on shall supersede and cancel any prior agreements as to such, or any, subordination including, Y but not limited to, those provisions, If any, contained in the deed of trust first above mentioned, which provide for the i subordination of the lien or charge thereof to a deed or deeds of trust or to a mortgage or mortgages to be thereafter executed. t700 SUBORDINATION,RECORDED DEED OF TRUST TO DEED OF TRUST TO RECORD. (CLTA SUBORDINATION FORM"A") Beneficiary declares, agrees and acknowledges that (a) We consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan, (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will. see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for In such agreement or agreements shall not defeat the subordination herein made in whole or In part: (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned In favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and In consideration of this waiver, relinquishment and subordination specific loans and advances are being and will be made and,as part and parcel thereof, specific monetary and other obligations are being and will be entered Into which would not be made or entered Into but for said reliance upon this waiver, relinquishment and subordination: and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this Instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLI- GATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. The City of San Juan Capistrano, A California General Law City BY: STEPHEN J. MULLER BY: Beneficiary Owner DIANE MARIE MULLER (ALL SIGNATURES MUST BE ACKNOWLEDGED) /STATE OF CALIFORNIA COUNTy OF: On this the ------------- me, the un day of___------------------ SS. m a personally adersig� Notary Public, ------ 19 PPear _---� f and for sal County before .Sr Proved to _-�__ d °ry and State, �G w os On true name(s) the basis of satf fats to d FOR No SEAL O MP n R STAMP nt,and ac wl - ---- ce td ba the Person s executed the same. edged that ----- subscribed to the Within,) C CA'EQF STATEOFCALIFORNIi ----- v On_ )ss. said ----- _ u State,personal) ------- Y appeared - before me,the undersigned gnetl,a E ----_ ----t _ Notary Public in an G �' -- —�`- — d for V` basis of satistacto ----------- ----- ------ 4 E ry evidence)to be the persons ---_--_- Personally known tom — - ------and _c o __ — an who executed the within instrument as a(or Proved to me on the ° O -_President m O --- �— _Secretary, ------- n the corporation ---------___—' on behalf of___-- -------_-- therein named,and acknowled such cor -- Porationexecutedthewithininstrumentgod to me that by-laws or res pursuant torts elution of its board of directors. ° WITNESS My hand and official seal. T,THE PARTIES Signature (This area for official notarial seat) s F OF#RAW QOUNTY.CALIFORIItA "rdi^f No. • 84-065516 -1232 PM FEB 15 '84 .rEscrow No. lLoan No. Recording requested by: LEE A. BRANCH, County Re ordof James S. Okazaki -t.F YrC WHEN RECORDED MAIL T0: Recording fees exempt due to City Clerk �' Government Code 6103 City of San Juan Capistrano . Documentary Transfer Tax - No Tax Due 32400 Paseo Adelanto San Juan Capistrano, Calif.' ' ' 9267�'Jd EXEMPT C 2 Mary Ann H er, City Clerk City of San Juan Capistrano, Calif. SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS I ,- �� (LONG FORM) This DEED OF TRUST, made this twenty-first (21St) day of November, 1983 between Stephen J. Muller and Diane Marie Muller, husband and wife herein called TRUSTOR, whose address is 26391 Calle Roberto , San Juan Capistrano, California 92675 (Number and Street) (City) (state) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and the City of San Juan Capistrano, a California General Law City------- ---------------------------------------------------- herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the City of San Juan Capistrano County of Orange , State of California, described as: Lot 20 , Tract 6169 recorded in Book 244 , Pages 19 through 21, inclusive of Miscellaneous Maps of the County Recorder, County of Orange Together with the rents, issues and profits thereof, subject, however,to the right,power and authority hereinafter given to and conferred upon Benefi- ciary to collect and apply such rents,issues and profits. For the Purpose of Securing(1)payment of the sum of$ ** witFrirrteresctltereen-aemrd+nite etre tertm ef`aVrernisserr nodi +tetesefeverrdeeelrarewitkrnade-by 2rusEos,�ayable•se-ordarbf.sewefiwarri and extensions or renewals thereof,and (2)the performance of each agree- ment of Trustor incorporated by reference or contained herein (3) Payment of additional sums and interest thereon which may hereafter be loaned to Trustor,or his successors or assigns,when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. **to be determined by the City Engineer of the City of San Juan Capis- A:Lr#AAotortttlreMrfttPJil� otWlt7 -keACigEMENT FOR CONSTRUCTION OF SWIMMING POOL*** 11) To keep said property in good condition and repair; not to remove or demolish any building thereon;to complete or restore promptly and in good and workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof; not to commit,suffer or permit any act upon said property in violation of law;to cultivate,irrigate,fertilize,fumigate,prune and do all other acts which from the character or use of said property may be reasonably necessary,the specific enumerations herein not excluding the general. (2) To Provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary.The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Bene, ficiary the entire amount so collected or any part thereof may be released to Trustor.Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock;when due, all incumbrances,charges and liens, with interest,on said property or any part thereof,which appear to be prior or superior hereto;all costs,fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act As herein provided,then Beneficiary or Trustee,but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof,may:make or do the same in such manner and to such extent As either may deem necessary to protect the security hereof,Beneficiary or Trustee being authorized to enter upon said property for such purposes;appear in and defend any action or pro ceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any incumbrance,charge or lien which in the judgment of either appears to be prior or superior hereto;and,in exercising any such powers,pay necessary expenses,employ counsel and pay his reason- able fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or releass such moneys received by him in the same manner and with the same effect As above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date,Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed and said note for endorsement,and without affecting the personal liability of any person for payment of the indebtedness secured hereby,Trustee may: reco sey any part of said property; consent to the making of any map or plat thereof;loin in granting any easement thereon;or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition As Trustee in its sole discretion may choose and upon payment of its fees,Trustee shall recorwey,without warranty, the property then held hereunder.The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.The Grantee in such reconveyance may be described as"the person or persons legally entitled thereto." 15) That in additional security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the continuance of these Trusts, to collect the rents,issues and profits of said property,reserving unto Trustor the right,prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,to collect and retain such rents,issues and profits as they become due and payable.Upon any such default.Beneficiary may at any time without notice, either in person,by agent,or by a receiver to be appointed by a court,and without regard to the adequacy of any security for the in, tlebtedness hereby secured,anterupon and take possession of said property or any part thereof,in his own name we for or otherwise collect such rents,issues,and prof- its,including those pastdueand unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorney's fees,upon any indebted ness secured hereby, and in such order as Beneficiary may determine.The entering upon and taking possession of said property,the collection of such rents,issues and profits and the application thereof As aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any Act done pursuant to such notice. ***IN ALIPAZ STREET RIGHT OF WAY recorded asinstrument No. 83-061522 1193 01/70) on February 8, 1983. 84-065576 (6) That upon default by Trustor in payment of any indebtedness secu red hereby or in performance of any agreement hereunder,Beneficiary may declare all sums sea.red hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property,which notice Trustee shall cause to be filed for record.Beneficiary also shell deposit with Trustee this Deed,said now and all documents evidencing expenditures secured hereby. After the lapse of such time w may then be required by law following the recordation of said notice of default,and notice of sale having been given es then rP quired by law,Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate par- cels,and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the United States,payable at time of sale.Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale,and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement.Trustee shall deliver to such purchaser its deed conveying the property so sold,but with- out any covenant or warranty, express or implied.The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof.Any person, including Trustor,Trustee,or Beneficiary as hereinafter defined,may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust,including cast of evidence of title in connection with sale,Trustee shall apply the pro- ceedsof sale to payment of: all sums expended under the terms hereof,not then repaid,with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby;and the remainder,if any,to the person or persons legally entitled thereto, (7) Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time,by instrument in writing,substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated,shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shell, without conveyance from the Trustee predecessor,succeed toall its title,estate,rights,powers and duties.Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of,and birds all parties hereto,their heirs,legatees,devisees,administrators,executors,successors and as, signs. The term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby,whether or not named a Beneficiary herein.In this Dead, whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes the plural. 19) That Trustee accepts this Trust when this Deed,duly executed and acknowledged,is made a public record as provided by law.Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a party unless brought by Trustee. The undersigned Trustor, requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him at his address hereinbefore set forth. r Si a aster ,gn ie of Trustor. ��L� tep J. Muller Diane Ma ie Muller STATE OF CALIFORNIA, COUNTY OF ORANGE On November a?o, 1983 before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen J. Muller and Diane Marie Muller known to me to be the person S whose name S rare subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. O0- OFFICIAL SEAL KARENL KS CALIF RNNOTARY pCQIFORNIARTINFICE RfORAUNTYNy CommissAug. 25, 1986 MOM (This area for official notarial seal) DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO FIRST AMERICAN TITLE INSURANCE COMPANY,TRUSTEE: The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without war rainy, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which if secures.Both must be delivered to the Trustee for cancellation before reconveyance will be made. W U- VQ) C W ® ro C w LL c A N LU Q CY Z) W H W 3 df U- i= i p F4-CE5�� CIT OF SAN JUAN CAPISTRANO Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORNAGE ) ss. CITY OF SAN JUAN CAPISTRANO ) This is to certify that the interest in real property conveyed by the Deed of Trust , Lot 20 , Tract 6169 [2691 raiio (type of deed - location and purpose) Roberto) , surety for the Alipaz Street extension. date ------ from Stephen J. Muller and Diane Marie Muller to the CITY OF SAN JUAN CAPISTRANO, a political corporation and/or governmental agency is hereby accepted by order of the City Council on February 7 , 1984 and the grantee consents to recordation thereof by its duly authorized officer. DATED: Februarys 19A4 (SEAL) MARY AN14- R, City Clerk City of S n Juan Capistrano, California or Swimming Pool Inspection Record avv POST IN CONSPICUOUS � ' PLACE ON THE JOB tifi CITY OF SAN JUAN CAPISTRANO BUILDING & SAFETY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CALIFORNIA 92675 PHONE: (714) 493-3172 JOB ADDRESS3 _ �-/ OWNER _S 9n PERMIT NO. _�31-5 _� �{Q DATE DO NOT COVER BY ANY PROCESS UNTIL THE FOLLOWING INSPECTIONS ARE SIGNED OFF. 1. Location — Steel 2. Main Drain 3. Electric Bonding 4. Approval To Cover St DO NOT POUR DECKS THAT WILL COVER THE FOLLOWING UNTIL THEY ARE SIGNED OFF.��OFF. 5. Underground Electric -al-2 6. Gas Piping Test 7. Rough Plumbing DO NOT APPLY PLASTER COAT UNTIL THE FOLLOWING IN- SPECTIONS ARE SIGNED OFF. 8. Electrical Final (Except Pool Light) 9. Water Heater —_—_— 10. Plumbing Final 11. Fencing Final 12. Approved For Finish Plaster Coat IT IS IMPERATIVE THAT A FINAL APPROVAL BE OBTAINED PRIOR TO USING THE SWIMMING POOL. 13. Pool Light 14. Final Approval NOTICE Notify the Inspection Division before 4 p.m. the previous day when the job is ready for inspection. You must furnish PERMIT NUMBER and the OWNER'S NAME and ADDRESS of the job. /00-36- jw 440vgw a;r 'elf Iq Z7 7t� _t5, elf 7"i 2a09. fl, All 2-A 4"V /* 7r 57 47P 1yo c 45 rlv cy— W I 7.v' FUTURE AL IPAZ STR EXTENSION a c TRABUCO CREEK MAINTENANCE ROAD MAINTENANCE ROAD 1 \ARIABI.E CHANNEL WIDTH SLO Pf VAR EARTH/GRASS SLOPE RIP RAP OR ARMORFLEX PROTECTION TYPICAL SECTIONNTS ALTERNATE I-. RIP RAP OR ARMORFLEX ___ Muii�rL Re4 `WFU FUTURE ALIPAZ STR EXTENSION b° I MAINTENANCE RDTRABUCO CREEK. MAINTENANCE RD Nr SLOpf CHANNEL WIDTH TO BE DETERMINED WR. • HABITAT AREA SOIL CEMENT LOW FLOW CHANNEL TYPICAL SECTION N T S ALTERNATE 2 : SOIL CEMENT I � • prepved by:Robert Beim, William Frost&Associates CITY OF SAN JUAN CAPISTRANO JN 25355 FLOODPLAIN MANAGEMENT PROGRAM Date: 11/15/89 Comparison of Proposed Alternatives for Trabuco Creek Alternative 1 Alternative 2 RIP RAP OR ARMOF.FLEX SOIL CEMENT System o Variable basewidth&sideslopes o Soil cement bank stabilization Description o Armorflex or Riprap slope protection o Low flow earth channel o Low flow earth channel City of S.J.C. o Natural character reduced o Natural character reduced Issues moderately slightly o Existing bank line to be stabilized Orange Co. EMA o Need uniform channel u/s and o More debris potential due to Issues d/s of drop structures more channel bed habitat o Low flow channel confines nuisance flows Calif Fish &Game, o Reduced potential habitat area- o Reduced fill volume favorable US Fish &Wildlife channel bottom Issues o Must mitigate habitat loss Army Corps of o Fill reduces wetland area o Smaller reduction of wetland area Engineers o Must replace all wetland area o Must replace all wetland area Issues Advantages o Less engineered approach o Constant basewidth based on total o Reduced number of drop structures o Addresses more environmental o May vegetate either Armorflex or issues earth-covered riprap o Maximum use of land o Increased channel bottom area Disadvantages o Increased maintenance o Non-vegetated side slopes o Potential areas of increased local scour o Differential velocities o Habitat loss through channel fill o Hydraulically deficient o Increased potential of deposition n., xocc,;,..i nafan7-Nov-89 Prepared by: Robert Bem, William Frost&Associates TRABUCO CREEK COST ESTIMATE COMPARISONS JN 25355 Date: 11/15189 ALTERNATE 1 ALTERNATE 2 DESCRIPTION RIPRAP OR ARMORFLEX SOIL CEMENT Materials 5,500,000 6,800,000 Earthwork, Channel Construction 3,600,000 2,800,000 Engineering/Contingencies 2,400,000 2,500,000 Habitat Restoration 500,000 500,000 SUBTOTAL 12,000,000 12,600,000 Alipaz Street including Bridge 8,700,000 Engineering/Contingencies 2,600,000 SUBTOTAL 11,300,000 VARIABLE COSTS: 500,000 to 5,000,000 Real Estate E.I.R. Permit Processing Coordination with Alipaz St. 23,800,000 24,400,000 TOTAL COSTS to to 28,300,000 28,900,000 MEMORANDUM September 6 , 1984 TO : John Shaw, City Attorney FROM: George M. Lohnes , Jr . , City Engineer SUBJECT : Muller Residence , Tract 6169 Lot 20 j pati oP toP t��w,T2wcT6�6�; In 1983 , Mr. Stephen J . Mu e1Z—reentered into an agreement with the City to construct a swimming pool in his back yard which encroached into a slope easement , also in his back yard . The slope easement was acquired for the cut necessary to construct the future extension of Alipaz Street . In early 1984 , Mr . Muller provided the City with a Deed of Trust to secure that agreement . Cop a em, greeme e oar-1 civ n In late August of this year ,fileC Vw.e received a request from Heritage Company, Escrow Services , Inc . , to subordinate the Deed of Trust wf acquired in early 1984 . Apparently Mr . Muller is attempting to acquire secondary financing on his residence . I am scheduling this item for the September 18th City Council meeting and would like your opinion regarding the request . My feeling is that it should be denied . A copy of the Escrow Company ' s request is also enclosed . r" %GML :ol yaw� A47FI w l 92400 PA$EO'A0616ANTtr SAN JVAOY.CAPiSTRANO,CALiFOFMIA 92675 ` FHO`N"E493•117T February 9 , 1984 Stephen J. Muller 23691 Calle Roberto San Juan Capistrano, California 92675 Re: Acceptance of Deed of Trust Dear Mr. Muller: At their meeting of February 7 , 1984 , the City Council for the City of San Juan Capistrano accepted for recording a Deed of Trust as surety for the Alipaz Street extension. This Deed of Trust was forwarded to the County Recorder today. If you have any questions, please don' t hesitate to call. Very truly yours, MARY ANN fiANOVER, CMC City Clerk MAH/mac cc: Director of Public Works AGENDA ITEM February 7 , 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Acceptance of Deed of Trust - 26391 Calle Roberto , Lot 20 , Tract 6169 (Muller) SITUATION On the 1st of February, 1983, the City and Mr. Stephen J. Muller entered into an agreement to permit construction of a pool into City easement for the northerly extension of Alipaz Street. The pool is on Mr. Muller' s lot, Lot 20 of Tract 6169. Mr. Muller Was to provide the City with a surety device to insure the removal of the pool or construction of a retaining wall to protect the pool at no expense to the City. Mr. Muller has provided the City with a deed of trust, a copy of which is enclosed. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. FINANCIAL CONSIDERATION The deed of trust shall be used to insure that no expense is incurred by the City due to the pool in the extension of Alipaz Street. The deed of trust is preferable to Mr. Muller, and the process for foreclosure, if necessary, is easier for the City than that of calling a bond. The deed of trust is mutually acceptable surety. The amount of the surety is $19 ,500. ALTERNATE ACTIONS 1. Accept the deed of trust. 2. Require a bond for surety. 3 . Request further information from staff. RECOMMENDATION By motion, accept the deed of trust from Mr. Stephen Muller as a surety for the extension of Alipaz Street and removal or protection of Mr. Muller' s swimming pool as required in an agreement dated February 1, 1983 between the City and Mr. Muller and direct the City Clerk to record the document. Respectfully ps mitted, W. D. Murphy WDM:GML/rem Encls. Order No. 0 r I Escrow No. Loan No. i Recording requested by: James S. Okazaki WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Calif. 92675 SPACE ,MOVE THIS IM POR RECOROUrS USE DEED OF TRUST WITH ASSIGNMENT OF RENTS (LONG F09M) This DEED OF TRUST,made this twenty-first (21st] day of November, 1983 . between Stephen J. Muller and Diane Marie Muller, husband and wife herein called TRUSTOR, whose address is 26391 Calle Roberto , San Juan Capistrano, California 92675 (Number and Street) (cin) (Sulo) FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, arts the City of San Juan Capistrano, a California General Law City------- ------------------------------------------------------- ,herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the City of San Juan Capistrano County of Orange ,State of California,described as: Lot 20, Tract 6169 recorded in Book 244, Pages 19 through 21, inclusive of Miscellaneous Maps of the County Recorder, County of Orange Together with the rents,ima and Profits thereof,bbjern,however,to the right,power and authority nereindta gr an to also confor ad upon Barri. clary to collect and apply won rants.issues and profits. For the Purposes of Securing(1)payment of the tum of$ *or witlt•mlaeePxwlelrraemyirlgpfM1etammaha9relnievar}noRor mooteMwlWero*ararvkated by waotyeytlMNwMewtYwM'wmnand addifinal...am th,arts(]Ithe prtorm•rceofact) es to moot of Tr his. incorporated ge bV nfsranin or mnnby.herein 131 payment of res,i incl amsand interim thaleon which may rust. be IMnab to Trusion,or his suaama or awipna,when akanpad bV t prombabry pets or nota mitinp Met they ns spouratl by thit DaM of Trust. ti be determined by the City Engineer of the City of San Juan Capis- gtr4d1Aeb2t9les9G(r14T1f�)8Te1Rr MENT FOR CONSTRUCTION OF SWIMMING POOL*** It I To tap said property,In goad canEiptin.ntl recall;not to remora or dRmj ley 1wildilg M•r•on;romprpla•w ratan promptly ere in pwtl W wofplarmiMnnwnDu ma , ildingwnrl•ttich may be canetnc[•tl,damaged or WM•ran and to pry"an due allcream for labor performed ad multiple furbelowar Mi to comply wish MI Ian sMcting aE property or mulling nV Ybraipm or immpwwy tib to M m W Mann;not M commit or permit wrong Memf;not to men mn.Or nor or pnnit,ry,sit upon said prpgM in vianion Of law;to cultivab,ahl for it iia,fumgM,Prune ad do HI Other acts wntln 1.she alacW m uP o/bid propatV mag M nwOrophr no.,,Ma specific erwmbtti0a basso not•idita lg Ma PmrY. a11 To mu"irle,monsoon and dalwar to Songfully,fire inamca mlefatpry m and wish lora payable io SnaNcnam ry.ThfOurecala ,Maley tedr file or pMr inanme policy may be iWIM by satisfactory upon any i,dabt•Onm wcuM handy and In such cedar as Bnoxciary may tlaarmine.or at Optin o/steel ficial M•titin amort b calbbd n any part Menof mail M Mabetl b TNtto.Such apykain Or helium NNI not tun or weiv,ase Gfalt Or notca Or d•Init immobility imel deal an,Ct dope Pumnt 10 such rights. 131 To former in and defend ley action o1 somadin,purporting m alba Ma rarity hereof or the rights or omnn of eamikiary pythoness;W to pay ell cora and upariw,imlYeinv tat o/wknc•of Hm led ebmmyY leaf in•nwoned•sum,in nV wcn atom o plmadinp in wM1bM1 B•mlkiary o,TrueW may ppaer,and in env suit brought by Bn•Miary to famlow Mia owe. 141 To pay:at shallow days baron dxinPurty all bxm led®open afectirg bid property,imbtlina a.awtwnb m appa not aper stork;wren due,sill morropmca chiral ad lii,m,with inurac on ad prm•rt,Or ley part Mem/.which appear to by prim or superior barna;all coats,your rd axmmi a shis Trust Should Truebr fail re make any payment or to do ley ct a Merin prmkM,tM1n Samfciary Or TNbea out iM.1 W gttim as n do and wiMwt mecca to m demand upon TNber and without rNaeing TNaar from ley obiiaaion Mnet,may:make Or do Ma vin in such mama ad ro eth amt a either in.dean _ necessary 1O area the aturiry herself,Bnaliciary or Trusts hairy arMgriied to env upon bd property for anN mm ;appal in ad defend my rtlm Or Pub cMing purporting to effect the security,h•mf or she rights Or pavan of SmOiciary Or TNaw;pay.p Mhaa,cmbr or Oomrrniw any ircumbTca.Uvq oIhn 4 whorl in the judgment Of sialw impose to be prim Or superior naleto;and,in•aarcisiM nV such power.,pay naavry•xarv,,ernpioy camel and pry M1c nwpry el face IBI To pay immMbMy,and without demand all sums b expanded by Sn•Ikiary or Trustee,with intima from drop/wpandidroat Me a MMMIw by I/n in.Hct S M•dM Mot 1.led M pa for nV armored PrmgM for by law in alfa.a she tlab demo rpwGlrg and W ipalim salad MrabY nY wnmM tlamNdtl by Ma ewxfkiary not to atM Ma maimum Ylgwtl DV law at M,roam wM1n oak samm�t is dwnwdal. B. It is....It,pntl: (11 That any ewwtl of dbnagu in connection with nY CoMamnatin for public;mist iMury M uid prawn,m any pan Mwapf h marshy oiTatiW Mtll M pak b Bnelciary who may amply in rale®such many,received DV him in Ma sun,mnner rd with M•sane a/M1ct a ebwa plovitlad br diawtion p/ prmaade of lin or OMw insueem,. (2) That by amntirg pam•nt ofany am sopmad hormy mer it.du,an,eemfioor,does not wooly his iot•ima to mum prompt payment worn due 0/NI OMw oma for xcurn o1 to dclera dellult for failure b 10 pa. a) That as Any time or 1nm time t0 time,without liability Mellor end without notice,umn wrimn ramus t a Bartfkin,led prwnnalen a shit Dead sed Ak nen for,Monarmna,and without oHa:tin,the portional liability o1 my Mian/or payment of M•inOabtwlnar assured hmby.Trustee may:IcamN rev pan of sped property:consent a the making of any map or plot thereof;loin in grnti,g any emrrwm thorn;Or loin in nY oxbmdn agreements army anannt bodrntting she Mn or.mrM Mmf. 141 Thtt YMn wlltaen fwyat O/Dmlfciary satiry Mn yl sumo secufee MrMY nN1 ban Mitl,end upn sufnnpar W MIa Dad and sped nob t0 TNata Ina NrcarManandldheren or.Mae Mbaitin cTNeM in ro eodiny musmachowillsbe co prymnaofib Ila Truww MYI deal Twithout(Napery, tM property tern bad hereunder.The gamin.in such rcnvryert•of nY peahen w Icb MYI M conclusive ProO/of M•1NMNImv Merwf,Tera GM>in such mpmwarc.mry M a.ctiona w^Ma Mron or p•rory lbtllY entitled!cMenta: Ifil That w issues m unity.TNa[or hr,,rman b and cnfen upon ht,phoiero me right by rust.Monry,tlunp M•cntinuwc,of Mr Tru.bi ro in pre r maims and moms of bedrs.upsateawiegunMTruaws, giant poorto fis atlawnby TN atm in peYmnt of leyindaMMmc Gonad M1naby or in Mmy time a it any roma,optimism n,gwfka,ro by Wad cerin such nnh,ima end again c Mry bcwne du,wk pao the Upon ley such impurity eamlMwy may at. time without nOhcR either in parole,by..of pr by a pe ty ora, mummeddeposp by a cart sed without nand n Ma tl,OucV of re malty her Main tlabMu•vMMYw due am iYppnarls akapm•biOn.lMkroparrypres pert Meme,inhisownname sue1m or OMnal carattthnMA imaad Pr W. I%including lM1oapcatluaeM unwed,sedapav rearres.may Ioncosiand aMnwaofpon and nand mounon,Including saidgnw0n<a abormy'a I•1i upn nVi,d.btr ,�sesaid he piandn .casawcB•W.arm may tlnmmiwrnga,nnnsoupn.ntlnki,gfolttbgn of said pnMM.M,calamine Oesunnna imcred pnxts aid Ma appkaxpn M•me a aeaw.a.Mtll nam way env aewr w notion of dawlt nerwndw er imtlkala sew ct vena morn<ro an mm.. ***IN ALIPAZ STREET RIGHT OF g WAY recorded as instrument No. 83-06152,es ...... on February 8, 1983. • 0 8. ACCEPTANCE OF DEED OF TRUST, LOT 20 , TRACT 6169 , 26391 CALLE ROBERTO (MULLER) (38-#407) %(38) As set forth in the report dated February 7 , 1984 , from the (85) Director of Public Works, the deed of trust from Mr. Stephen Muller, as a surety for the extension of Alipaz Street and removal or protection of Mr. Muller' s swimming pool as required in an agreement dated February 1 , 1983 , was accepted and the City Clerk was directed to record the document. 0' 8 . ACCEPTANCE OF DEED OF TRUST, LOT 20 , TRACT 6169 , 26391 CALLE ROBERTO (MULLER) (38-#40--7T (38 ) As set forth in the report dated February 7 , 1984 , from the �J85) Director of Public Works, the deed of trust from Mr. Stephen Muller, as a surety for the extension of Alipaz Street and removal or protection of Mr. Muller' s swimming pool as required in an agreement dated February 1 , 1983 , was accepted and the City Clerk was directed to record the document. • • MEMORANDUM February 15 , 1985 TO: Stephen B. Julian, City Manager John Shaw, City Attorney Bob Boone, Diector of Administrative Services FROM: George M. Lohnes, City Engineer SUBJECT: Lot 20 , Tract 6169 (Muller) I have been provided with an appraisal report establishing an amount of $550 ,000. I also have a policy of title in- suranceprovided by the escrow company that indicates $350 ,000 in loans on the property. Copies of these documents are attached. I have requested that a check be prepared to release Mr. Muller ' s $19 , 000. 00 cash deposit. This is in accordance with the decision made in January at our staff meeting. GML/hw Attachment HERITAGE ESCROW 27405 Puerta Real #180 COMPANY 1, Mission Viejo, CA 92691 PE C C I'1/E v, (714)643-1715 OF ORANGE COUNTY FEB B 11 i S A h JUA d • George "Smokey" Lohnes C A P 1 S I R, City Engineer • City of San Juan Capistrano Data February 6, 1985 32400 Paseo Adelanto Our Escrow No. 3.-332.3 San Juan Capistrano, CA 92675 Your Loan No. Muller, tephen/Diane With respect to the above-numbered escrow,we enclose: 70 Policy of Title Insurance (copy) as per your request. ❑ Fire Insurance Policy No. Issued by ❑ Our Check No. ❑ Note ❑ Deed of Trust i l ❑ Credit Report ❑ Proxy Card ' ❑ Loan Application ❑ Loan Escrow Instructions ❑ Certified Copies Sale Escrow Instructions ❑ Preliminary Report of Title ❑ Structural Peat Control Report 11 ❑ IF YOU SHOULD REQUIRE ANY ADDITIONAL ITEMS FROM US, PLEASE LET ME KNOW. Sincerely, THE HERITAGE ESCROW COMPADJY OF ORANGE;COUNTY - By: L� Es Officer Teresa(f. Roberts HE-71 SCHEDULE A Date of Policy: December 18, 1984 at 2 : 15 PM Amount of Insurance: $200,000.00 Premium: $800.00 Policy No: 86-00-12.0-725 Order No: 84-12418-17 1. Name of Insured: IMPERIAL SAVINGS ASSOCIATION 2. The estate or interest referred to herein is at Date of Policy vested in: STEPHEN J. MULLER AND DIANE MULLER, husband and wife as joint tenants 3. The estate or interest in the land described in Schedule C and which is encumbered by the insured mortgagee is: A FEE *4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: A deed of trust to secure an indebtedness in the amount shown helow, and other obligations secured thereby Amount: $200,000.00 Dated: December 11 , 1984 Trustor: Stephen J. Muller and Diane Muller Trustee: Imperial Savings Association Beneficiary: Sierra Funding, Inc. , a corporation Recorded: December 18, 1984 Instrument/File No. 84-521877 of Official Records An assignment of the beneficial interest under said deed of trust which names As Assignee: Imperial Savings Association Recorded: December 18, 1984 Instrument/File No. 84-521878 of Official Records Order No. : 84-12418-17 SCHEDULE B Part 1 This policy does not insure against loss or damage by reason of the following: 1 . Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1984-85. 1st Installment: $1 ,928.18, paid 2nd Installment: $1 ,928.18 Penalty: None Exemption: $7,000.00 Code Area: 23-007 Assessment No. : 649-061-16 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of the Chapter 498, Statutes of 1983 of the State of California. 3. An P,asement for slope and incidental purposes over that portion of said land as shown and dedicated on the map of said Tract. 4. The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land, such rights having been reiinquished by the map of said Tract. Affects: Alipaz Street Said land however, abuts upon a public thoroughfare other than Alipaz Street referred to above over which rights of vehicular ingress and egress have not been relinquished. 5. Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Pecorded: June 14, 1968 Book 8631 , Page 110 of Official. Records ` Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modifications) of said covenants, conditions and. restrictions Recorded: July 24, 1970 Book 9356, Page 322 of Official. Records Modificstion(s) of said covenants, conditions and restrictions Recorded: February 23, 1972 Book 10011 , Page 778 of Official Records Order No.! 84-12418-17 4 Modif.ication(O of said covenants, conditions and restrictions Recorded: July 28, 1975 Book 11468, Page 414 of Official Records z *6. A deed of trust to secure an indebtedness in the amount shown below, and other obligations secured thereby Amount: $150,000.00 Dated: September 13 , 1977 Trustor: Leonard Fifer and Robyn Fifer, husband and wife Trustee: Imperial Corporation of America, a corporation Beneficiary: Imperial Savings and Loan Association, a California corporation Recorded: September 16, 1977 Instrument/File No. 20544 Book 12379, Page 638 of Official Records r 7. The effects of an instrument entitled "Agreement for Construction of Swimming Pool in Alipaz Street Right of Way", dated February 1 , 1983, recorded February 8, 1983 as Instrument No. 83-061522 of Official Records, executed by the City of San Juan Capistrano and Stephen J. Muller. Subject to the terms and conditions contained therein. Reference being hereby made to said instrument for further particulars. ENDORSEMENTS The following endorsements are attached to and made a part of this policy: 100 116 Order No. : 84-12418-17 SCHEDULE B Part II In addition to the matters set forth in Part I of this Schedule, the title to said estate or interest in the land described or referred to in Schedule C is subject to the following matters, if any be shown, but the Company insures that such matters are subordinate to the lien or charge of the insured mortgage upon said estate or interest. 8. A deed of trust to secure performance under an agreement referred to therein, and any other obligations secured thereby Dated: November 21 , 1983 Trustor: Stephen J. Muller and Diane Marie Muller, husband and wife Trustee: First American Title Insurance Company, a California corporation Beneficiary: The City of San Juan Capistrano, a California General Law City Recorded: February 15, 1984 Instrument/File No. 84-065516 of Official Records By the provisions of an agreement Dated: December 11 , 1984 Executed by: Stephen J. Muller, Diane Muller and The City of San Juan Capistrano, a California General Law City Recorded: December 18, 1984 Instrument/File No. 84-521879 of Official Records Said instrument was made subordinate to the lien of the document or interest shown: 4 of Schedule A. ry Order no.: 84-12418-17 Y SCHEDULE C The land referred to in this policy is situated in the County of Orange, State of California, and is described as follows: Lot 20 of Tract 6169, in the City of San Juan Capistrano, as per map recorded in Rook 244, Pages 19 through 21 inclusive, Miscellaneous Maps, in the office of the County Recorder of said County. `s { Order No. , 84-12418-17 E N D O R S E M E N T LAWYERS TITLE INSURANCE CORPORATION CLTA Form 100 Order No. 84-12418-17 Attached to Policy No. 86-00-120-725 The Company hereby insures against loss which said Insured shall sustain by reason of the following matters: 1. Any incorrectness in the assurance which the Company hereby gives: a. That there are no covenants, conditions, or restrictions under which the lien of the mortgage referred to in Schedule A can be cut off, subordinated, or otherwise impaired; b. That there are no present violations on said land of any enforceable covenants, conditions, or. restrictions; C. That, except as shown in Schedule B, there are no encroachments of buildings, structures, or improvements located on said land onto adjoining lands, nor any encroachments onto said land of buildings, structures, or improvements located on adjoining lands. 2. a. Any future violations on said land of any covenants, conditions, or restrictions occurring prior to acquisition of title to said estate or interest by the Insured, provided such violations result in .loss or impairment of the lien of the mortgage referred to in Schedule A, or result In loss or impairment of the title to said estate or interest if the Insured shall acquire such title in satisfaction of the indebtedness secured by such mortgage; b. Unmarketability of the title to said estate or interest by reason o,` any violations on said land, occurring prior to acquisition of title to said estate or interest by the Insured, of any covenants, conditions, or restrictions. 3. Damage to existing improvements, including lawns, shrubbery or trees a. which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved; 4; b. resulting: from the exercise of any right to use the surface of said land for the extraction or development of the minerals excepted (. from the description of said land or shown as a reservation in schedule B. f 4. Any final court order or judgment requiring removal from any land adjoining said land of any encroachment shown in Schedule B. r Order Na. . 84-12418-17 Wherever in this endorsement any or all the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms covenants and conditions contained in any lease referred to in Schedule A. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schediiles, conditions and stipulations therein, except as modified by the provisions herein. t t Order No. : 84-12418-17 E N D O R S E M E N T LAWYERS TITLE INSURANCE CORPORATION CLTA Form 116 Order No. 84-12418-17 Attached to Policy No. 86-00-120-725 The Company assures the Insured that the date of this policy there is located on said land A Single Family Residence known as 26391 Calle Roberto San Juan Capistrano, California and that the map attached to this policy shows the correct location and dimensions of said land according to those records which under the recording laws impart constructive notice as to said land. The Company hereby insures the Insured against loss which said Insured shall sustain in the event that the assurance herein shall prove to be incorrect. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions herein. -Ea,E 4r'Ee, .PEG STEREO C/✓/G moo SVEET//CK.HGNK/ME+VT aNrEs/B4saJ of /A.Gs •I 1900 G= -A,PCEG O-- a2E'CC.2O CF" •5U.2:✓F_Y 2 3i-38 a. on a on i9 '�� . �. z< R <u wh j /O Q y F , ,L t � "' er.stsrs�aseaa•, - � "7L'Yiat -� J V^. �CF!ri`d" ..e.-,...�.eEc cw'suavEY s.•r/ \\ u 4 \\ r3 V f� �: li: ,✓ \ aric yan`e`;e..a�••EC rY-S'U.PI%EY 31: 4\` rh�4 .3.AVeo, / P P2 �ai. SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. CONDITIONS AND STIPULATIONS 1. Definition of Terms of Policy in favor of an insured who acquires all 3. Defense and Prosecution of Actions — The followingtermswhen used inthis policy or any part of the estate or interest in the land Notice of Claim to be given by an Insured mean: described in Schedule C by foreclosure, trus- Claimant (a) "insured": the insured named in Sche- tee's sale, conveyance in lieu of foreclosure, or (a) The Company, at its own cost and dule A.The Term"insured"also includes(i)the other legal manner which discharges the lien of without undue delay, shall provide for the owner of the indebtedness secured by the insured the insured mortgage, and if the insured is a defense of an insured in all litigation consisting mortgage and each successor in ownership of corporation,its transferee of the estate or inter- of actions or proceedings commenced against such indebtedness(reserving,however,all rights est so acquired, provided the transferee is the such insured,or defenses,restraining orders or and defenses as to any such successor who parent or wholly owned subsidiary of the insured: injunctions interposed against a foreclosure of acquires the indebtedness by operation of law and in favor of any governmental agency or the insured mortgage or a defense interposed as distinguished from purchase including, but instrumentality which acquires all or any part against an insured in an action to enforce a not limited to,heirs,distributees,devisees,sur- of the estate or interest pursuant to a contract of contract for a sale of the indebtedness secured vivors, personal representatives, next of kin or insurance or guaranty insuring or guaranteeing by the insured mortgage,or a sale of the estate corporate or fiduciary successors that the Com- the indebtedness secured by the insured mort- or interest in said land, to the extent that such pany would have had against the successor's gage: provided that the amount of insurance litigation is founded upon an alleged defect, transferor),and furtherincludes(n)anygovern- hereunder after such acquisition, exclusive of her, encumbrance, or other matter insured mental agency or instrumentality which is an costs, attorneys' fees and expenses which the against by this policy. insurer or guarantor under an insurance con- Company may become obligated to pay, shall (b) The insured shall notify the Company tract or guaranty insuring or guaranteeing said not exceed the least of: promptly in writing (i) in case any action or indebtedness, or any part thereof, whether (i) the amount of insurance stated in proceeding is begun or defense or restraining named as an insured herein or not,and(iii)the Schedule A; order or injunction is interposed as set forth in parties designated in paragraph 2(a) of these (ii) the amount of the unpaid principal of (a)above,(ii) in case knowledge shall come to Conditions and Stipulations. the indebtedness as defined in paragraph 8 an insured hereunder of any claim of title or (b) "insured claimant": an insured claim- hereof, plus interest thereon,expenses of fore- interest which is adverse to the title to the estate ing loss or damage hereunder. closure and amounts advanced to protect the or interest or the lien of the insured mortgage, am- ecur e t lien of the insured mortgage and sed by said as insured,and which might cause loss or (c) "knowledge": actual knowledge, not O constructive knowledge or notice which may be insured mortgage at the time of acquisition of age for which the Company may be liable by imputed to an insured by reason of any public such estate or interest in the land: or virtue of this policy,or(iii)if title to the estate or records. (iii) the amount paid by any governmental interest or the lien of the insured mortgage,as (d) "land":the land described,specifically agency or instrumentality, if such agency or insured, is rejected as unmarketable. If such or by reference in Schedule C, and improve- instrumentality is the insured claimant, in the prompt notice shall not be given to the Com- ments affixed thereto which by law constitute acquisition of such estate or interest in satisfac- pany,then as to such insured all liability of the tion of its insurance contract or guaranty. Company shall cease and terminate in regard to real property; provided, however, the term the matter or matters for which such prompt "land" does not include any property beyond required:u notice is re provided,however,that fail- the lines of the area specifically described or (b) Continuation of Insurance after 9 P Conveyance of Title ure to notify shall in no case prejudice the rights referred to in Schedule C, nor any right, title, of any such insured under this policy unless the interest,estate or easement in abutting streets, The coverage of this policy shall continue in Company shall be prejudiced by such failure roads, avenues, alleys, lanes, ways or water- force as of Date of Policy in favor of an insured and then only to the extent of such prejudice. ways, but nothing herein shall modify or limit so long as such insured retains an estate or the extent to which a right of access to and from interest in the land, or holds an indebtedness (c) The Company shall have the right at the land is insured by this policy. secured by a purchase money mortgage given its own cost to institute and without undue by a purchaser from such insured,or so long as delay prosecute any action or proceeding or to (e) "mortgage": mortgage, deed t. trust, such insured shall have liability by reason of do any other act which in its opinion may be trust) "public is records"er : t instrument. necessary or desirable to establish the title to the covenants of warranty made by such insured in Y (n "public records": those records which any transfer or conveyance of such estate or estate or interest or the lien of the insured mort- by law impart constructive notice of matters interest; provided, however, this policy shall gage, as insured, and the Company make take relating to said land, not continue in force in favor of any purchaser any appropriate action under the terms of this from such insured of either said estate or inter- Policy, whether or not it shall be liable there- 2. (a) Continuation of Insurance after Ac- est or the indebtedness secured by a purchase under,and shall not thereby concede liability or quisition of Title money mortgage given to such insured. waive any provision of this policy. This policy shall continue in force as of Date , . (d) •When e> he Company shall ho age insured against hereunder occurs,togetheolaim under this policy,all right of subrogation brought any act or interposed a defense as with interest thereon. shall vest in the Company unaffected by any act required or permitted by the provisions of this (b) The Company will pay,in addition to of the insured claimant, except that the owner policy, the Company may pursue any such lit- any loss insured against by this policy,all costs of the indebtedness secured by the insured igation to final determination by a court of imposed upon an insured in litigation carried mortgage may release or substitute the personal competent jurisdiction and expressly reserves on by the Company for such insured, and all liability of any debtor or guarantor, or extend the right, in its sole discretion, to appeal from costs, attorneys'fees and expenses in litigation or otherwise modify the terms of payment, or any adverse judgement or order. carried on by such insured with the written release a portion of the estate or interest from (e) In all cases where this policy permits or authorization of the Company. the lien of the insured mortgage,or release any requires the Company to prosecute or provide (c) When liability has been definitely fixed collateral security for the indebtedness, pro- for the defense of any action or proceeding,the in accordance with the conditions of this policy, vided such act occurs prior to receipt by the insured hereunder shall secure to the Company the loss or damage shall be payable within 30 insured of notice of any claim of title or interest the right to so prosecute or provide defense in days thereafter. adverse to the title to the estate or interest or the such action or proceeding, and all appeals priority of the lien of the insured mortgage and therein, and permit the Company to use, at its 7. Limitations of Liability does not result in any loss of priority of the lien option,the name of such insured for such ur- of the insured mortgage.The Company shall be P P No claims shall arise or be maintainable subrogated to and be entitled to all rights and pose. Whenever requested by the Company, under this policy(a)if the Company,after hav- such insured shall give the Company all reaso- ing received notice of an alleged defect, lien or remedies which such insured claimant would nable aid in any such action or proceeding, in encumbrance insured against hereunder,by lit- have had against any person or property in effecting settlement,securing evidence,obtain- igation or otherwise, removes such defect, lien respect to such claim had this policy not such ing witnesses,or prosecuting or defending such or encumbrance or establishes the title, or the !sued, and if requested by the Company,such action or proceeding, and the Company shall lien of the insured mortgage,as insured,within insured claimant shall transfer to the Company reimburse such insured for an expense so all rights and remedies against any person or Y P a reasonable time after receipt of such notice; incurred. property necessary i order to perfect such right (b)in the event of litigation until there has been s of subrogation and shall permit the Company a final determination by a court of competent to use the name of such insured claimant in any 4. Notice of Loss — Limitation of Action jurisdiction,and disposition of all appeals there- s or In addition to the notices required under from, adverse to the title or to the lien of the transaction or litigation involving covesuch r loss paragraph 3(b)of these Conditions and Stipu- insured mortgage, as insured, as provided in remedies. uthe payment does not cover the loss lations, a statement in writing of any loss or paragraph 3 hereof;or(c)for liability voluntar- of such insured claimant,the Company shall be damage for which it is claimed the Company is ily assumed by an insured in settling any claim subrogated to such rights and remedies in the liable under this policy shall be furnished to the or suit without prior written consent of the proportion which said payment bears to the P Y P amount of said loss,but such subrogation shall Company within 90 days after such loss or Company. be in subordination to the insured mortgage.If damage shall have been determined and no loss of priority should result from any act of right of action shall accrue to an insured clai- 8• Reduction of Liability such insured claimant, such act shall not void mant until 30 days after such statement shall (a) All payments under this policy,except this policy, but the Company, in that event, have been furnished. Failure to furnish such payments made for costs, attorneys' fees and shall be required to pay only that part of any statement of loss or damage shall terminate any expenses, shall reduce the amount of the insur- losses insured against hereunder which shall liability of the Company under this policy as to ante pro tanto; provided, however, such pay- exceed the amount,if any,lost to the Company such loss or damage. ments, prior to the acquisition of title to said by reason of the impairment of the right of estate or interest as provided in paragraph 2(a) subrogation. 5. Options to Pay or Otherwise Settle Claims of these Conditions and Stipulations,shall not The Company shall have the option to pay reduce pro tanto the amount of the insurance 11.Liability Limited to this Policy or otherwise settle for or in the name of an afforded hereunder except to the extent that insured claimant an claim insureds against orto such payments reduce the amount of the in- This instrument together with all endorse- insured B ments and other instruments, if any, attached terminate all liability and obligations of the debtedness secured by the insured mortgage. Company hereunder by paying or tendering Payment in full by any person or voluntary hereto by the Company is the entire policy and payment of the amount of insurance under this satisfaction or release of the insured mortgage contract between the insured and the Company. policy together with any costs, attorneys' fees shall terminate all liability of the Company Any claim of loss or damage,whether or not and expenses incurred up to the time of such except as provided in paragraph 2(a) hereof. based on negligence,and which arises out of the status of the lien of the insured mortgage of payment or tender of payment by the insured (b) The liability of the Company shall not claimant and authorized by the Company. In be increased by additional principal indebted- the title to the estate or interest covered hereby by case loss ordamage is claimed under this policy ness created subsequent to Date of Policy, t r any action asserting such claim,shall s res- case an insured, the Company shall have the except as to amounts advanced to protect the stipulactedtions io the provisions and conditions and Y P Ystipulations of this policy. further option to purchase such indebtedness lien of the insured mortgageand secured thereby. No amendment of or endorsement to this for the amount owing thereon together with all No payment shall be made without produc- policy can be made except by writing endorsed costs, attorneys' fees and expenses which the ing this policy for endorsement of such payment hereon or attached hereto signed by either the Company is obligated hereunder to pay. If the unless the policy be lost or destroyed,in which President, a Vice President, the Secretary, an Company offers to purchase said indebtedness case proof of loss or destruction shall be fur- Assistant Secretary, or validating officer or as herein provided,the owner of such indebted- nished to the satisfaction of the Company. authorized signatory of the Company. ness shall transfer and assign said indebtedness and the mortgage and any collateral securing 9. Liability Noncumulative 12.Notices,Where Sent the same to the Company upon payment there- If the insured acquires title to the estate or for as herein provided. interest in satisfaction of the indebtedness secured All notices required ri be given the Company by the insured mortgage,or any part thereof,it nishedand any statement in writing required to be fur- 6. Determination and Payment of Loss is expressly understood that the amount of Home the Company shall 7, addressed i its a) The liability of the Company under insurance under this policy shall be reduced by Home Office,P.O.its 27567,States Office, e, 60 gi- ( Y P Y itis 23261, or to its Pacific States Office, 60 this policy shall in no case exceed the least of: any amount the Company may pay under any Universal City Plaza,University City,California (i) the actual loss of the insured claimant; Policy insuring a mortgage hereafter executed 91608,or to the office which issued this policy. or by an insured which is a charge or lien on the (ii) the amount of insurance stated in estate or interest described or referred to in 13.THE PREMIUM SPECIFIED IN SCHEDULE Schedule e m if applicable, the amount of Schedule A, and the amount so paid shall be A IS THE ENTIRE CHARGE FOR TITLE insurance A dermad inparagraph deemed a payment under this policy. SEARCH,EXAMINATION AND TITLE INSUR- 2(a)hereof;or (iii) the amount of the indebtedness secured 10.Subrogation Upon Payment or Settlement ANCE. by the insured mortgage as determined under Whenever the Company shall have settled a paragraph 8 hereof,at the time the loss or dam- OOLZ-09L(8IZ) ........ v - 8091.6 VO'k!0 les:anw0'ezeld k!O tesutAlun 09 Z aO/40 SalelS OyfOed a uotielod-io-A aaue.msu] o1q s.. maq . to sa!o!lod 6umssl LLl17-81Z (619) L 1126 VO '0601(1 ueS 'PAIS esapy luow8j!el3 170£8 1£99-688 (ELZ) OZZ8-98Z (8017) 010£6 VO'oll!JeweO NOISIAIO 31111 E1196 VO 'asOp ueS r0 Al!eO tog OIHOM VINH0d1lVO '1S PuooaS LIVON L9 A1Nf10D Vuf11N3A A1Nnoo VUV13 V1NVS 1 LZZ-6Z17(LOL) 160L-996 (908) CES176 V3'P1911J1ed LO L£6 V3'elegteg eweS 'PAIS SlAell 101 'IS 0ll!tte3 '3 OOZ A1NnoD ONVIOS VUVSHV8 V1NVS 1868-£88(bLL) 1LZ17-OZ6 (916) 901726 VD'ou!poleuaag ueS 91896 VO 'oluaweroeS — •anV Peagnn0JAV g1aON 8661 'PAIB uoil!sodx3 9991 A1NfIOD ONIGUVNE138 NVS k1Nnoo O1N3WVHDVS OZLZ-178L (tLL) LLLS-LI79 (171L) 909Z6 VO '9P!sAaA!H LOLZ6 VO 'euV elueS 'any u0161111AV 6LSE '1S U1eIN 41JON OZ9 A1Nf10D 301SH3A1H A1NnO3 39NVHO 9L99-9C8 (171.1.) LVLZ-98C (61.2) LOLZ6 VO 'euy elueS 01006 VO 'sala6uy so-1 -1S u!eW g1aON 0101 'PAIS aa!gsl!M 9£17£ A1NnO3 39NVHO A1Nnoa S3I3ONV SOI OOLZ-09L (£1Z) 0099-988 (9 117) 80916 V3'Al!O Ies1aA!un 1179176 V3'PjemAeH Mid Al!D IBSAOA!un 09 'PAIS M4100d 06ZZZ A1Nf10O S313`JNV SOI A1Nno3 V03WVIV NI S301dd0 NI S301dd0 SNOISIAIO 31111 SNOISIAIO ONb'1 brlN130311tl3 31111 SH3AMt/1 ANVdWOO 3-1111 aNV-1 -1ViN3NIlN00 :lo 83WO 841 46no141 penssl A0110d 3*NvunSN1 31111 • ,. .: :. . : �:. . .. :. :. . .. :. :.1 , :.1 .. kovulltm Polley 86-CA ALTA Loen Polley-1070 With ALTA Endonemenl Form 1 Cov mqe Amended 10/17/70 Lawyers Title insurance Corporation SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, LAWYERS TITLE INSURANCE CORPORATION,a Virginia corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the amount of insurance stated in Schedule A,and costs,attorneys'fees and expenses which the Company may became obligated to pay hereunder,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested otherwise than as st ted therein;or 2. Any defect in or lien or encumbrance on such title; or 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title;or 5. The invalidity or unenforceability of the lien of the insure ortgage up n said esta or interest except to the extent that such invalidity or unenforceability,or claim thereof,arises out f the transactio evidenced the insured mortgage and is based upon a. usury,or b. any consumer credit protection or truth i law; r 6. The priority of any lien or encumbrance er the lien oft in red mortgage; or 7. Any statutory lien for labor or material hich now has gaine or reafter may gain priority over the lien of the insured mortgage, except any such lien arising ani rovement on the Ian co racted for and commenced subsequent to Date of Policy not financed in wholeorin part ar ypro e-eds fthe indebtedness se uredb the insured mortgage which at Date of Policy the insured has advanced or is obligated o advance;or 8. Any assessments for strefet improvements u er constru on or completed at the date hereof which now have gained or hereafter w may gain priority over t e insured mortgage;or 9. The invalidity or unenforc bilityofanyass nment.s how n in Schedule A,ofthe insured mortgage or the failure of said assignment to vest title to the insured m tgage in t named insured assignee free and clear of all liens. _ et IN WITNESS WHEREOF,the Company has caused this Policy to be signed and sealed,to he valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. eY. et _ Countersigned: Lawyers Title Insurance Corporation CONTINENTAL LAND TITLE COMPANY President 5� . 2f .:•: Attest. a . o �1.N Idem. j� Secretary Issued at Copy of policy, no additional liability assumed By PoliceNo.86 00 120 725 Authorized 01ncer or Agent .. :.� •. t4f:�4[c'Iif�:1K.7ie't��Ade' ��ihNirs�! 061-0-086-0001 CON Dai:*Nelson Appraisal Sek*es 4341 Birch Street, Suite 206 Newport Beach, Ca 92660 (714)957-2950 APPRAISAL REPORT ADDRESS: 26391 Calle Roberto San Juan Capistrano, CA PROPERTY TYPE: Single Family Residence APPRAISER: Darla R, Nelson DATE OF VALUE: May 26, 1984 APPRAISED VALUE: $550,000 =i4 __------------------- 0ESIDENTIAL APPRAISAL REPOF• File No. Bonov_wr r Stephen _Census .. t Mw Refarann Property Address' 26341 Calle Roberto_ [Actual t San Juan Ca istrano - - --p._`_---_ county__Orange -- state LA zip Code 92653 e I Descri tion Lot 20 Tract 6169 APk649-061-16 __ le Price S – Date xxwx 5 4 Loan Term yrs Property Rights Appraised Fee Lsaseltod DeMaunits F Real Estate Ta.es S (yr) Loan charges to be paid by seller S O%her sales concessions noerlCham Conical Mort .— - Occupant Owner Apptaiser Darla R. Nelson Imtiuctmns to Appraiser Second TD Location Urban X Subu,b n Hural Good Avg.Fair F Built Up ��!Over 75% X 25`a to 75'X, .Under 25% Employment Stability IN ❑ ❑ Growth Rate❑Fully Dev. Rapid XSteady Siow Convenience to Employment ® ❑ ❑ PIOWlIY Values Increasing X Stable ;Declining Convenience to Shopping IN ❑ ❑ Demand/Sp Poly ^Shortage X In Balance Over Supply Convenience to Schools (N ❑ ❑ Marketing Time [1 Under a Mu, X n L Mus Uvrr b Mus Adequacy of Public Transportation In ❑ ❑ Present Land Use 60% I Family_% 2-4 Family _t, Apss. 5 9c Condo Commercial Recreational Facilities In ❑ ❑ _%Inaustnal35 °„Vacant ". _- _ _ Adequacy of Utilities ❑ ® ❑ Change in Present Land Use XJ Not Likely L,.idy 1'1 1 ak mg Place I') Property CompatibditY ® ❑ ❑ I'1 From____ __ – –`To Protection from Detrimental Conditions ❑ ® ❑ Predommant Occupancy INOwner I.nanl ._- V,¢anl Police and Fire Protection ❑ © ❑ Single Family Price Range $ 350,000 ,,, S 1r000r0QQdornmanl Values 500,00 eneral Appearanceof Properties ® ❑ ❑ Single Family Age NeW yrs to 20 vis Predommam Age 8 yrs Appeal to Market Nota: FHLMC/FNMA do not consider rata or the ectal composition of the neighborhood to be reliable appraiW facton. Comments including those factors. favorable or unfayuiable,effsaling marketability le g Public Parks,schools,view, none? Subject property is located in aeg -area of custom and Sni-CUstCm built homes. Nei is approximately eight years old anti displays above average pride of ownership. All hcms are n Targee Sots have variedarchit-4 ctdral lestys that are confornLing. S ject [11built �oaated approximi_tely three miles from tFie ocean and two�m�les west o the San Diego. 7ect is in close prozimi to-schools, shoppin and tree tion. Dimensions ar seE?-s d ta' _ -__. 3-1—r+ AQQQQPCAC14s ❑ Cotner Lot Zoning classification Present improvements ®do ❑do not conform to zoning regulabe Highest and best use. rv�l_� Present use I I tither Isl,ir�lyl Public Other IDescr,be) OFF Sac IMPROVEMENTS Topo Level pad sloping downward to rear Elec ® Street Access X, Public [_)Private Siee Large Gas ® Surface Asphalt Shape Irregular Water ® Maintenance' X:Public r]Private View Hills San.Sewer ® 'X, Storm Sewr:r x'Curb/Guyer Drainage Adequate ®Underground hlect &Tel IS.,J,moi, 'X�Sbeet Lights Is the property located in a HUDldentifudSpecial Flood Hand Are ?Shin O' Comments Ifavorable or unfavorable inchidinq any app.ucrn adverse easements encroachments or other adverse conditions) Level inside Pad serviced by all public utilities. Existing OProposed ❑Under Consu. Nn Univ _�_ Type Ides, duple., semi/del, etc.( Design (rambler, split level,ria) Exterior Wells Yrs,Age.Actual_fi-Effective 6 to 8No. Sloiies_-l_ ilf+tar�h.ri Stucw Roof Material Guueis& Downspouis X ,None Window ITVpel AI—minim Jill ❑Nose OF[ Mission the - - _ __-_ r]Slurm_S_ash XScreens []Combination ❑Coling ❑Roof ®W ❑Manufactured Housing 0 %.ILni loam [��Floor Uiain Finished Ceiling Foundation Walls F Out,ufa Lnlrance []Sump Pump Finished Walls Concrete �Conc rvu! Fluor —% Finished Finished Floor ®Slabon Grade ❑Crawl Space Evidenr.e nt r__Ly_es_ I )Termites rI Settlement Comments LTroyl(allE'ntS_in good Condition._____ Room List Foyer Liven Ommy__ Kitchen Den FamilyRm Rec Ron Bedrooms No. Baths LaundryOther Basement --- ist Level X X X X 3 x 2nd Level Finished area above rade contains a trawl nl-- 2 _rooms _3-__bedrooms_315–�_d_baths. Grose Living Area._3136_sq.ft. Bunt ASN O s_c kdcnen Equpmant Relnyeralor �X�HangiyOvcn ;X lUnpmal �X�Oistiwashci [ Fan/Hood [JCOrttPulOr Washer Dryo in HEAT Tlips FAU Fuel Gas __Conif_ Good AIR COND I Central Other nOW ®Adequate ❑inadequate Floor% rr��Hardwood rr$ Carpio Oven Slab Good Avg. Fair Pt Walls %&Drywall `_]Plaslci [,I --- -- Quality of Construction (Materials& Finish) 0I�1 rr❑yy ❑ [ Trim/Finish iJ Good ❑Average �_IFair i.�Poor Condition of lmptovements 0 LJ ❑ 1 Bath Floor ❑Ceramic rgi^f�tjpver the CloRoom rues and layout ® ❑ ❑ [ Bath Yll X❑Cetsmic l_' nsubandaienrage ® ❑ ❑ [ Special Features(including energy efficient items(–SOldr�led (200 Insulation–adpuacV ® ❑ ❑ Double (paSS'rthr,,„„,,g,�hy,1 fire lace between Plumbing-adequacy,and condition ® ❑ ❑ [ ""J' 3?.- Electrical—adlpuxY and condition ❑ ❑ 1 dining room and 11V1 q room. _ Kitchen Cabinats-adequacy and condition ® ❑ ❑ 1 ATTIC'. ®Yes ❑No ❑Stairway ❑Di op stair Ij(�Scuule ❑ Floored rt----�? Compatibility to Neighborhood UO ❑ ❑ Finished(Oescriba) ❑ Heated Overall LwabWly 112 ❑ ❑ CAR STORAGE ®Garage ❑tB-uilt in ®Attached (-]Detached❑Car Port Appeal and Marketability Q ❑ ❑ 1 No.Cars Q Adequate D Inadequate Condition _ Good Yrs Est Remaining Economic LAe 55 m 60 ,Eyplais;aaeadsv larsTe FIREPLACES, PATIOS, POOL, FENCES,etc. Ioescnbel_-- $ _left S Over g which is considered patio ociyez. Subject has large pool/spa and decking. There is wet bar and grill by swimming pool. PCOMMENTS (including functional or physical madequac,es.repair$needed, modernization,etc.) Subject is in good condition. Landscaping is in the process of ocmpleti.an. Swimming pool is heated solar. --- - - - VALUATION SECTION Purport of Appraisal is to animate Marks, Valu. distad in Certification 6 Statement of Limiting pions (FHLMC Farm 439/FNMA Form 10048) H submitted for FNMA,the appraiser must stterC�ketch or map mowing location of subject, etre n,distance from rwrms intereaction,and anttr detrimental conditions and 121 exterior budding s n of improvements showing d,mens,ons Measure ants No. Stories Sq. Ft. ESTIMATED REPRODUCTION COST — NEW — OF IMPROVEMENTS ■ x Dwelling _3536 sq. Ft. O s 60.00 s 212,160 a x _ Sq. Ft.fe S a x Extras_ Pool/spa (solar heated) 40,000 x SEE EK4CEED x x Special Energy Efficient Items Included in POOL ■ ■ Porches, Patios, etc. COVEXed Overhang 5,000 Total Gross Living Area ILet in Market Data Analysis below) 3536 Garage/Car Part 667 Sq. FL V $ 12.00 8,004 Codntent on functional and economic obsolescence- Site Ins rovernents(drry D away,landscaping,etc.l 50,000 Srnle functional obsolescence was observed in Total Estimated Cost New S315,164 cost to construct pool because not s rted Physical Functional Economic Py the market. Costs for 1 and solar Dep ociation s 10,164Is 5,000 Is • s 1 15,164 heating very Conservative. owners esti fate Depreciated value of improvements . . . • s 300,00 Of landscaping and POO!,soa and heat was ESTIMATED LAND VALUE . . . . . f 250,000 _$183,000, orim f Ieahold, ow only leesehola value) . INDICATED VALUE BY COST APPROACH . . . S 550,000 The undersigned has recited three recent sales of propertin most similar and prox,mate to subject and has considered these in the market analysis The dascr,p- lion includes a dollar adjustment, reflecting market reaction to those items of ugn,f cant variation between the subject and comparable properties. If a slond,ca itam in the comDanfsle property is superior to,or more favorable than, the subject property, a minus 1.)adjustment,s made, thus reducing the indicated value r subject;if a significant;tem in the comparable is inferior to, or Ins favorable than, the subject property,a plus NI adjustment is made, thus increasing the,nd,c ted value of the subject. ITEM Subject Property COMPARABLE NO, 1 F COMPARABLE NO. 2 COMPARABLE NO. 3 Address 26391 Calle 26341 Calle Roberto 26181 Calle Roberto 31861 Peppertree Be Juan Capistrano San Juan Capistrano San Juan Cap Pr I 1 Ji Block West ___ Two Blocks West Mile S slsa Price -- __ __ 444,000 _ _ �s 575,000 Pr Liv' S --- : S 135.41 s 145.06 s 185.2 r CMDCPUJ�tic Records _ CMDC Publ 'c Records Public Records Asse Ona of Sees and DESCRIPTION DESCRIPTION Aaj4,1MOM DESCRIPTION AiUui1 rant DESCRIPTION AO epi Times Adjustment 5 26 84 26 3 2 83 - rec. 10/20/83 - recia Location I Good Good •l Good G,oOd I Solemnify 3 4+ac hills ac/none 1+50_,000 1 ac none r 50,000 1.26 aC ills 100 Design and I Good Good Good blood Dual; or conn. Good Good I Good_ I 1976 1972 1978 1 -20 Good Avera a +50,000 Good Good '-50 Living Area Room Total i 8-mi ' Baths Total 8-rms , Baths Total B-rms i Baths 1 —11000 Total B+ms , Baths, count and Total 7 3 3 9 4 . 3 -2,000 9 4; 4 1 —2,000 9 i 4 I -2, Grose livin Ara 3536 Ft. 3279 s .Ft. +9,000 3964 5 .Ft. -15 000 4049 5 .Ft. -18 Bawnant&Bent. 1 I Finished Rooms None None - � None one ' F 1 ;1; Average _ Averages_ _ Average _I yerage , A realities i Nate Central +-5,000 None , antral I -5 Ger /Car Port G-2 G-2 _yG-3 ' -51000 3 -5 Porches,Patio, Pool/spa Pool/spa None �00 1/spa Faces,etc. f 15,000.- None _ 1 +5,0 0 I l , Special Energy, j Efficient Item Insulated Insulated Insulated Insulated ' Other Ia.g.fire• plaoss,kitchen equip.,remodeling) Double firepl. 2 Fireplaces 2 Fireplaces ' Fireplaces , Sales or Financintg CTNL/exchange CINL l Concessions NKA .ITotall Plus; Minus ,f 107,000 Plus Minus ,s 33,000 Plu Mims i 200# indicated Velw ;s 551,000 s 542,000 a 550, of Subject Comments on Market Dau All cotlparables eonslde ed W7 th Calpharables #1 and #2 given the greatest weight because locate+ closest to sur�ect and closest in s tea e_footage. Cotitps #2 and #3 old saes but representative of_su_b_iec_t and not_ nwh sales activity in the kmlediate area in this rice range. Camp #4 lends good support. _ _ s 550, • (II applicable) Ecaramm Market Rent s /Mo.x Gross Rent Multiplier.. : N A This appraisal is made at ii'❑subject to the repairs,alterations,or conditions listed below ❑completion par plane and specie cations. Comments and Conditions of Appraisal: _-__.-- ._ ___ _ _ -- Appraised "as is" eondi_ tern. There asa re_ les in the imrecliate area ranging from $300,000 to ,000,000. One block west of subject (26141.Calle Roberto) is listed for $1,200,000. t is one acre (6500 square feet, 5 bed, 6h ba► with pool/spa, acapuIon bar, and tennis Dour' Fines Reconciliation: Market Data Approach was given the greatest emphasis because most nearly represents the thinking of buyers and sellers in the current marketplace. Construction Wartanty ❑Yn O No Name of Warranty Program Warranty Coverage Exesiras Thal appraisal Is based upon the above requirements, the certification,contingent and limiting conditions,and Market Value definition del are stated in FHLMC Form 438(Rev, 10/78)/FNMA Form 100481Rev. 10/781 bled with client 19__ ® attached. 1 ESTIMATE THE RKET VALUE. AS DEFINED, OF SUBJECT PROPERTY AS OF May 26. 19_� to be f 550.000 Appreiear11) Review Appraiser III sppl,cablel r. rnuam Da elson A 5/26/84 ppralsal Seree COMPARABLE NO.4 26302 Calle Roberto San Juan Capistrano Block West __ 570,000 Is 159.27 Cf•Y)C _ __ DESCRIPTIONAdlustlrmadl 3/84-in escr Good 35 ac none + 50 00 Good Good 1971 Very Good 50,00 Total 8-rms Baits- 1,00 105 4 4,00 3579 S .Ft. 1,50 i None Average Central 5,00 G-3 - 5100 Pool/none F 5,00 patio Insulated 2 Fireplaces -r-- Plug kM'm 1115-0C $ 558,50 MLLLER • • Appraisal L r ODWARABLE #1 1 r 7 •r ,, � ,�I ISM ;�,y.. CWARAHZ #2 At hL '1I' .1 ♦ ...i �pl•1 1 � M N r • SKETCH ADDENDUM sorrowenGiero M[ICd.m PrOperty Address 26391 Calle t0 Cy San Juan Capistrano county 0[ai#e S- Zio Code Lender Cancal Mortgac#e 151 ss I ' . �: .... : _: : I1+u.-NA I SW r It � . . : : � : ' : : 3/K.53.- lA"L3.Ra . : . .s3•- _ . . . : • - , - r -----i : : . . . , . . . . . . , .+ . r. DEFINITION OF MARKET VALUE: The highest price it, terms of money which a property will bring in a competitive and - open market under all conditions requisite to a fan sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue sLnndus. hnplint of this definition is the consummation of a sale as of a specified date and the passing of title front seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest(3)a reasonable time is allowed for exposure un the open maikel; (41 paynicni is made tit cash or its equivalent; (5) financing, if any,icon terms generally available in the community at the spucdied date and typical for the property type in its locale;(6)the price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs,or credits incurred in the transaction. ("Real Pstate Appraisal fermioology,' published 1975.) CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS CERTIFICATION: The Apprai,ct certifies and agrees that 1. The Appraiser has no present or contemplated future interest in the property appraised;and neither the employment to make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property. 2. The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the partici- pants to the sale.The"Estimate of Market Value" in the appraisal tepott is not based in whole or in part upon the race,color, or national origin of the prospective owners or occupants of the property appraised, or upon the race,color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3. The Appraiser has personally inspected the ptuperty, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the App raiser's knowledge and belief,all statements and information in this report are true and correct,and the Appraiser has not knowingly withheld any significant information. 4. All contingent and limiting conditions are conumed herem (imposed by the terms of the assignment or by the under- signed affecting the analyses,opinions, and conclusions containedin the report). 5. This appraisal report has been made un conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of(tie appraisal orgarmrations with which the Appraiser is affiliated. 6. All conclusions and opinions concerning the real estate that are set forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report, unless indicated as"Review Appraiser."No change of any item in the appraisal report shall be made by auyome other than (lie Appraiser,and the Appraiser shall have no responsibility for any such unauthorized change. CONTINGENT AND LIMITING CONDITIONS: The cettif kation of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report. 1. The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title there- to, not does the Appraiser render any opinion as to the title, which is assumed to be good and marketable.The property is appraised as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the prop- erty. roperty.The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefor. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and budding must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hidden or unapparent conditions of the property,subsoil,or structures,which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering*rjch might be required to discover such factors. 6. Information,estimates,and opinions furnished to the Appraiser,and contained in the report,were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. S. Neither all, not any part of the content of the report, or copy thereof(including conclusions as to the property value, the identity of the Appraiser, professional designations, reference to any professional appraisal organizations,or the firm with which the Appraiser is connected),shall be used for any purposes by anyone but the client specified in the report,the borrower if appraisal fee paid by same, the mortgagee ser its successors and assigns, mortgage insurers,consultants, professional appraisal organizations, any state or federally approved financial institution,any department,agency, or instrumentality of the United States or any state or the District of Columbia,w0twut the previous written consent of the Appraiser;nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the Appraiser. 9. On all appraisals,subject to satisfactory completion, repairs,or alterations, the appraisal report and value conclusion are contingent upon completion of the improvements in a workmanlike manner. l Date; . . .May. 26,,. 1964. . . . . . Apptaiser(s) . . !`': .�E���.�!""�•—. . . . . . . . Borrower MULLER Property Address 26391 Calle Roberto San Juan Capistrano, CA. Ml House Front dw �1�*�i'1"71,1 W.f g• ��,.�;;ir(�J ��..,�� k�e �., Ntfl I IV �^ S1ly�a Yii f'N�yl ',fir„1til y. �1fi� a r .r + , w ' Q Y t .. e �Ldytt]{ a CD TRACT • N !! i \ .• Ny IN J !! !! S O IZ 1] '!f� 70 11 `� 4 O ` K JI -• ^ 76 Z ' 16 � J/ t O S • t , t _ 0j O t0 a = 17 t N 6J O Q • 1 O ~ n ° JS 2JO I7 19 pO TB W IB ,t I 4 • • If W O h O O S a� •°/• y /7 CL Q = ° M' • , , BERio 9 a' R� I H I CCALL£a -- - - c i i O �.• - If J O . Q •° Z ° s 20 Z �• Oi ° ; •`i 1 2 Oj • O r �l'f ... /J 429 a+. • Q ) ' (10 I .• ° :�.. ALAN ViA _ f,r• . •w •t M. . i •I )/ •t NRJ515 2/) ' t14RC•/ 1969 1F. N0 ,6163 h• N .�'JO '.9, d,-? :I (25) -• NO 6169 TITLE INSURANCE POLICY Issued through the office of: CONTINENTAL LAND TITLE COMPANY 411W LAWYERS TITLE CALIFORNIA LAND DIVISIONS TITLE DIVISIONS OFFICES IN: OFFICES IN ALAMEDA COUNTY LOS ANGELES COUNTY 22290 Foothill Blvd. 60 Universal City Plaza Hayward, CA 94541 Universal City, CA 91608 (415) 886-6500 (213) 760-2700 LOS ANGELES COUNTY ORANGECOUNTY 3435 Wilshire Blvd. 1010 North Main St. Los Angeles, CA 90010 Santa Ana, CA 92701 (213) 386-2141 (714) 835-5575 ORANGE COUNTY RIVERSIDE COUNTY 520 North Main St. 3579 Arlington Ave. Santa Ana, CA 92701 Riverside, CA 92506 (714) 547-5171 (714) 784-2120 SACRAMENTO COUNTY SAN BERNARDINO COUNTY 1565 Exposition Blvd. 1998 North Arrowhead Ave. Sacramento, CA 95815 San Bernardino, CA 92406 (916) 920-4211 (714) 883-8981 7T SANTA BARBARA SOLANO COUNTY 200 E. Carrillo St. 101 Travis Blvd. Santa Barbara, CA 93101 Fairfield, CA 94533 (805) 965,7091 (707) 429-2211 SANTA CLARA COUNTY VENTURA COUNTY 51 North Second St. CALIFORNIA WORLD 601 Daily Dr. San Jose, CA 95113 TITLE DIVISION Camarillo, CA 93010 2 (408) 286-8220 (213) 889-6631 8304 Clairemont Mesa Blvd. San Diego, CA 92111 (619) 278-4171 le Issuing Policies of Lawyers Title Insurance Corporation Pacific States Office 60 Universal City Plaza.Universal City,CA 91608 (213)760-2700 SCHEDOE OF EXCLUSIONS FROM COVERAP The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 3. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. CONDITIONS AND STIPULATIONS Definition of Terms of Policy in fat or of an insured w no acquires all 3. Defense and Prosecution of Actions Tho following terms when used in this policy or any part of the estate or interest in the land Notice of Claim to be given by an Insured can: described in Schedule C by foreclosure, trus- Claimant (a) -insured": the insured named in Sche- tee's sale, conveyance in lieu of foreclosure, or (a) The Company, at its own cost and de A. The Term"insured"also includes(i)the other legal manner which discharges the lien of without undue delay, shall provide for the oner of the indebtedness secured by the insured the insured mortgage, and if the insured is a defense of an insured in all litigation consisting ortgage and each successor in ownership of corporation,its transferee of the estate or inter- of actions or proceedings commenced against ch indebtedness(reserving,however,all rights est so acquired, provided the transferee is the such insured,or defenses,restraining orders or .d defenses as to any such successor who parent or wholly owned subsidiary of the insured: injunctions interposed against a foreclosure of quires the indebtedness by operation of law and in favor of any governmental agency or the insured mortgage or a defense interposed distinguished from purchase including, but instrumentality which acquires all or any part against an insured in an action to enforce a ,t limited to,heirs,distributees,devisees,sur- of the estate or interest pursuant to a contract of contract for a sale of the indebtedness secured ors, personal representatives, next of kin or insurance or guaranty insuring or guaranteeing by the insured mortgage,or a sale of the estate rporate or fiduciary successors that the Com- the indebtedness secured by the insured mort- or interest in said land, to the extent that such nv would have had against the successor's gage: provided that the amount of insurance litigation is founded upon an alleged defect, ;nsferor),and further includes(ii)any govern- hereunder after such acquisition, exclusive of lien, encumbrance, or other matter insured ental agency or instrumentality which is an costs, attorneys' fees and expenses which the against by this policy. -urer or guarantor under an insurance con- Company may become obligated to pay, shall (b) The insured shall notify the Company .ct or guaranty insuring or guaranteeing said not exceed the least of: promptly in writing (i) in case any action or lebtedness, or any part thereof, whether (i) the amount of insurance stated in proceeding is begun or defense or restraining -coed as an insured herein or not,and(iii)the Schedule A; order or injunction is interposed as set forth in sties designated in paragraph 2(a) of these (ii) the amount of the unpaid principal of (a)above, (ii) in case knowledge shall come to unditions and Stipulations. the indebtedness as defined in paragraph B an insured hereunder of any claim of title or (b) "insured claimant": an insured claim- hereof, plus interest thereon, expenses of fore- interest which is adverse to the title to the estate loss or damage hereunder. closure and amounts advanced to protect the or interest or the lien of the insured mortgage, (c) "knowledge': actual knowledge, not lien of the insured mortgage and secured by said as insured,and which might cause loss or Oam- nstructiveknowledgeornoticewhichmaybe insured mortgage at the time of acquisition of age for which the Company may be liable by �puted to an insured by reason of any public such estate or interest in the land: or virtue of this policy,or(iii)iftitle to the estate cr cords. (iii) the amount paid by any governmental interest or the lien of the insured mortgage. as (d) "land":the land described,specifically agency or instrumentality, if such agency or insured. is rejected as unmarketable. If such P instrumentality is the insured claimant, in the prompt notice shall not he green to the Com- acquisition reference in Schedule C. and improve- any,then as to such insured all liability of the ruts affixed thereto which by law constitute tion o i is i s such estate or t or gut ra satisfac- P at property; provided, however, the term tion of its insurance contract or guaranty. the ma terny orshall casesease f r which such regard to P Y. P the matter or matters for which such prompt and" does not include any property beyond notice is required: rovided, however,that fail- - lines of the areaspecifically described or (b) Continuation of Insurance after 9 p Conveyance of Title ore to notify shall in no case prejudice the rights (erred es in Schedule en nor any right, title, of any such insured under this policy unless the teres[,estate or easement in abutting streets, The coverage of this policy shall continue in Company shall be prejudiced by such failure .ads, avenues, alleys, lanes, ways or water- force as of Date of Policy in favor of an insured and then only to the extent of such prejudice. .tys, but nothing herein shall modify or limit so long as such insured retains an estate or e extent to which a right of access to and from interest in the land, or holds an indebtedness (c) The Company shall have the right at e land is insured by this policy. secured by a purchase money mortgage given its own cost to institute and without undue (e) e,"mor[ a e": mortgage, deed of trust, by a purchaser from such insured,or so long as delay prosecute any action or proceeding or to g h id shall hliability by do any other act which in its opinion may be ust deed, or other g g r security instrument. such insured have y reason onecessary or desirable to establish the title to the (n "public records': those records which covenants of warranty made by such insured in any transfer or conveyance of such estate or estate or interest or the lien of the insured mort- taw impart constructive notice of matters interest; provided, however, this policy shall gage, as insured,and the Company make take lating to said land, not continue in force in favor of any purchaser any appropriate action under the terms of this (a) Continuation of Insurance after Ac- from such insured of either said estate or inter- policy, whether or not it shall be liable there- qui.ition of Tine est or the indebtedness secured b} a purchase under,and shall not thereby concede liability or I,,; �, �� ` h.nm.nuc mond mortgage given to such insured. waive any provision of this policy. in larcc a.u(()atc SCHEDULE A Date of Policy: December 18, 1984 at 2:15 PH Amount of Insurance: $200,000.00 Premium: $800.00 Policy No: 86-00-120-725 Order No: 84-12418-17 1. Name of Insured: IMPERIAL SAVINGS ASSOCIATION 2. The estate or interest referred to herein is at Date of Policy vested in: STEPHEN J. MULLER AND DIANE MULLER, husband and wife as joint tenants 3. The estate or interest in the land described in Schedule C and which is encumbered by the insured mortgagee is: A FEE *4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: A deed of trust to secure an indebtedness in the amount shown below, and other obligations secured thereby Amount: $200,000.00 Dated: December 11 , 1984 Trustor: Stephen J. Muller and Diane Muller Trustee: Imperial Savings Association Beneficiary: Sierra Funding, Inc. , a corporation Recorded% December I8, 1984 Instrument/File No. 84-521877 of Official Records An assignment of the beneficial interest under said deed of trust which names As Assignee: Imperial Savings Association Recordedt December 18, 1984 Instrument/File No. 84-521878 of Official Records - . - ,ter • • . Order No. : 84-12418-17 SCHEDULE B Part 1 This policy does not insure against loss or damage by reason of the following: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1984-85. 1st Installment: $1 ,928.18, paid 2nd Installment: $1,928.18 Penalty: None Exemption: $7,000.00 Code Area: 23-007 Assessment No.: 649-061-16 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of the Chapter 498, Statutes of 1983 of the State of California. 3. An Easement for slope and incidental purposes over that portion of said land as shown and dedicated on the map of said Tract. 4. The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land, such rights having been relinquished by the map of said Tract. Affects: Alipaz Street Said land however, abuts upon a public thoroughfare other than Alipaz Street referred to above over which rights of vehicular ingress and egress have not been relinquished. 5. Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded: June 14, 1968 Book 8631 , Page 110 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall, not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: July 24, 1970 Book 9356, Page 322 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: February 23, 1972 Book 10011 , Page 778 of Official Records Order No.: 84-12418-17 Modification(s) of said covenants, conditions and restrictions Recorded: July 28, 1975 Book 11468, Page 414 of Official Records *6. A deed of trust to secure an indebtedness in the amount shown below, and other obligations secured thereby Amount: $150,000.00 Dated: September 13, 1977 Trustor: Leonard Fifer and Robyn Fifer, husband and wife Trustee: Imperial Corporation of America, a corporation Beneficiary: Imperial Savings and Loan Association, a California corporation Recorded: September 16, 1977 Instrument/File No. 20544 Book 12379, Page 638 of Official Records 7. The effects of an instrument entitled "Agreement for Construction of Swimming Pool in Alipaz Street Right of Way", dated February 1 , 1983, recorded February 8, 1983 as Instrument No. 83-061522 of Official Records, executed by the City of San Juan Capistrano and Stephen J. Muller. Subject to the terms and conditions contained therein. Reference being hereby made to said instrument for further particulars. MWORSEMMS The following endorsements are attached to and made a part of this policy: 100 116_ -------------- � . 0 Order No.: 84-12418-17 SCHEDULE B Part II In addition to the matters set forth in Part I of this Schedule, the title to said estate or interest in the land described or referred to in Schedule C is subject to the following matters, if any be shown, but the Company insures that such matters are subordinate to the lien or charge of the insured mortgage upon said estate or interest. 8. A deed of trust to secure performance under an agreement referred to therein;-And any other obligations secured thereby Dated: November 21, 1983 Trustor: Stephen J. Muller and Diane Marie Muller, husband and wife Trustee: First American Title Insurance Company, a California corporation Beneficiary: The City of San Juan Capistrano, a California General Law City Recorded: February 15, 1984 Instrument/File No. 84-065516 of Official Records By the provisions of an agreement Dated: December 11 , 1984 Executed by: Stephen J. Muller, Diane Muller and The City of San Juan Capistrano, a California General Law City Recorded: December 18, 1984 Instrument/File No. 84-521879 of Official Records Said instrument was made subordinate to the lien of the document or interest shown: 4 of Schedule A. Order No.: 84-12418-17 SCHEDULE C The land referred to in this policy is situated in the County of Orange, State of California, and is described as follows: Lot 20 of Tract 6169, in the City of San Juan Capistrano, as per map recorded in Book 244, Pages 19 through 21 inclusive, Miscellaneous Maps, in the office of the County Recorder of said County. ------------------------------------ order No. : 84-12418-17 E N D O R S E M E N T LAWYERS TITLE INSURANCE CORPORATION CLTA Form 100 Order No. 84-12418-17 Attached to Policy No. 86-00-120-725 The Company hereby insures against loss which said Insured shall sustain by reason of the following matters: 1. Any incorrectness in the assurance which the Company hereby gives: a. That there are no covenants, conditions, or restrictions under which the lien of the mortgage referred to in Schedule A can be cut off, subordinated, or otherwise impaired; b. That there are no present violations on said land of any enforceable covenants, conditions, or restrictions; C. That, except as shown in Schedule B, there are no encroachments of buildings, structures, or improvements located on said land onto adjoining lands, nor any encroachments onto said land of buildings, structures, or improvements located on adjoining lands. 2. a. Any future violations on said land of any covenants, conditions, or restrictions occurring prior to acquisition of title to said estate or interest by the Insured, provided such violations result in loss or impairment of the lien of the mortgage referred to in Schedule A, or result in loss or impairment of the title to said estate or interest if the Insured shall acquire such title in satisfaction of the indebtedness secured by such mortgage; b. Unmarketability of the title to said estate or interest by reason of any violations on said land, occurring prior to acquisition of title to said estate or interest by the Insured, of any covenants, conditions, or restrictions. 3. Damage to existing improvements, including lawns, shrubbery or trees a. which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved; b. resulting from the exercise of any right to use the surface of said land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule B. 4. Any final court order or judgment requiring removal from any land adjoining said land of any encroachment shown in Schedule B. Order No.: 84-12418-17 Wherever in this endorsement any or all the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms covenants and conditions contained in any lease referred to in Schedule A. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions herein. Order No.: 84-12418-17 E N D O R S E M E N T LAWYERS TITLE INSURANCE CORPORATION CLTA Form 116 Order No. 84-12418-17 Attached to Policy No. 86-00-120-725 The Company assures the Insured that the date of this policy there is located on said land A Single Family Residence known as 26391 Calle Roberto San Juan Capistrano, California and that the map attached to this policy shows the correct location and dimensions of said land according to those records which under the recording laws impart constructive notice as to said land. The Company hereby insures the Insured against loss which said Insured shall sustain in the event that the assurance herein shall prove to be incorrect. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions herein. rrlsa�� wwn, l9L rRt r rr ,�M. s i.eC.rots-i'•+ea.r�.nrss/44"a� I 39A0 , -y^ ,t?ECCRO OF -SUQviY 2, 9/-38 i r �j. AN ��r s• F , ii c. 30 , - 49 Is • J ` N - _ \ r'�" QEC $U.�[.EY3/-319\\ T,�gCT,�J/t?. tar(•viM.�x�.rl \ ` 00 042%.30�3/�. lf�f,..{• � .v \ i \ f , �,W t. g< - i `:r�'�y rte•'. . (d) •When the Company ,hall au,e age insured against hereunder or; is, together claim under this polic,. .i,l right of subrogation brought any act a or interposed a defeme es with interest thereon. shall nest in the Comps- unaffected by any act required or permitted by the provisions of ifs (b) The Company will pay, in addition to of the insured claimant xcept that the owner policy, the Company may pursue anv such ht- any loss insured against by this policy,all costs of the indebtedness "r aired by the insured igation to final determination by a court of imposed upon an insured in fti_a-ion carried mortgage may released abstitute the personal competent jurisdiction and expressly resernrs on by the Company for such irt,u red, and all liability of any debtor i guarantor, or extend the right, in its sole discretion, to ap peat Ino or costs, attorneys'fees and expense, in litigation or otherwise modif} on, terms of payment, or any adverse judgement or order. carried on by such insured with the written release a portion of th, i date or interest from (e) In all cases where this policy permits or authorization of the Company. the lien of the insured _, rtgage,or release any requires the Company to prosecute or provide (c) When liability has been da nitely fixed collateral security for :i a indebtedness, pro- for the defense of any action or proceeding. the in accordance with the conditions of this policy, vided such act occurs for to receipt by the insured hereunder shall secure to the Company the loss or damage shall be payable within 30 insured of notice of am c.aim of title or interest the right to so prosecute or provide defense f n days thereafter. adverse to the title to th, c state or interest or the such action or proceeding, and all appeals priority of the lien of the nsured mortgage and therein, and permit the Company to use, at it, 7. Limitations of Liability does not result in any 1, of priority of the lien option,the name of such insured for such our- No claims shall arise or be maintainable of the insured mortgage 'he Company shall be pose. Whenever requested by the Compan`, under this policy(a)if the Compan r after have subrogated to and be rr fled to all rights and ,uch insured shall give the Company all reaso- ing received notice of an alleged defect, lien or remedies which such ,.,s tied claimant would table aid in any such action or proceeding, in encumbrance insured against hereunder, by lit- have had against an} parson o property in Meeting settlement,securing evidence,obtain- igation or otherwise, removes su,h defect, lien respect to such claim'h m this policy not been issued, and if req shale.: ing witnesses,or prosecuting or defending such the Company,such or encumbrance or establishes the title, or the insured claimant shall aiis nater to the Com an action or proceeding, and the Company shall lien of the insured mortgage,as inured,within p y all rights and remedies against any person or reimburse such insured for any expense so a reasonable time after receipt of uch notice; ncurred. property necessary inoii rtoperthet such right (b)inthe event of litigation until has been of subrogationn and shatoermit the Company a final determination by a court it competent to use the name of such n ured claimant in an 4. Notice of Loss — Limitation of Action jurisdiction,and disposition ofall,topeals there- y ghts or In addition to the notices required undo from, adverse to the title or to the lien of the transaction she litigation r.riesn tcovegsuch rtheloss paragraph 3(b) of these Conditions and St.pu- insured mortgage, as insured, a, ,rovided in remediesin u t d claymem toes na cover the to ss .ations, a statement in writing of any los, or paragraph hereof;or(c)for liabfwy%olumar- subrog insured clan morn he d remedies shall inthe subrogated to such riga` and remedms m the .iamage for which it is claimed the Companv n ily assumed by an insured in settl.n,any claim proportion which ,aid , yment bears to the fable under this policy shall be furnished to the or suit without prior written ct r.,ent of the amount of said loss. hu: , ch subrogation shall t'ompanv within 90 days after such Ins, or Company. be in subordination to r insured mortgage. If lamage shall have been determined and no �ght of action shall accrue to an insured Jar 8, Reduction of Liability loss of tired y should -c tilt from ll n% act u( -nant until 30 days after such statement snail (a) All payments under this r, lice.except such insured claimant. a ih act shall not vend l.a%e been furnished. Failure to furnish such payments made for costs. anorrr s' tees and this polio). but the Co c tam, m that event. cuement of loss or damage shall terminate an% expenses, shall reduce the amoun. ,if the insur- shall he required to pa, my that part of any ahthty of the Company under this policy as t,, ante pro tanto: provided, howe%ar, such pav- losses insured against creunder which %hail uch loss or damage. menta, prior to the acquisition J: nle to said exceed the amount.if at lost to the Company b} reason of the impa i gent of the right of estate or interest as pro%ided in p.f ragraph-(a) ,ubroeation. r. Options to Pay or Otherwise Settle Claim, of these Conditions and Stipulati,n shall not The Company shall have the option to pa, reduce pro tanto the amount of ta insurance Il. Liability Limited to this Policy ,r otherwise settle for or in the name of air afforded hereunder except to the extent that ' nsured claimant anv claim insured against cr to such payments reduce the amount of the in- This instrument tog.rier with all endorse- rrminate all liability and obligations of the debtedness secured by the insured caortgage. ments and other mstrut:u his. if any, attached ompany hereunder by paying or tendering Payment in full by any person o r voluntary hereto by the Company s the entire policy and -,av ment of the amount of insurance under this satisfaction or release of the insured mortgage contract between the insri r A and the Company. ,alley together with any costs, attorneys' ee, shall terminate all liability of the Company Any claim of loss ori:amage,whether or not tnd expenses incurred up to the time of such except as provided in paragraph .(,t) hereof. based on negligence,ami%,hich arises out of the ,ayment or tender of payment by the insured (b) The liability of the Company shall not status a tof the lien of the f nsured mortgage re of -laimant and authorized by the Company In be increased by additional principal indebted- the titleto the estate gj,crest covered hereby ase loss or damage is claimed under this polio ness created subsequent to Date of Policy, t orany action asserting t s a claim,shall s res- ,v an insured, the Company shall have the except as to amounts advanced to protect the stipulactedtions io the provisions and conditions and urther option to purchase such indebtedness lien of the insured mortgage and secured thereby. stipulations of this policy or the amount owing thereon together with all No payment shall be made without produc- polNo amendment of . r endorsement to this osts, attorneys' fees and expenses which the ing this policy for endorsement o(.+uch payment hereon can tt made her.FoeXCCIr by writing endorsed ;ompany is obligated hereunder to pay. If the unless the policy be lost or destroyed,in which hereon nt attached her::o signed by either the ;ompany offers to purchase said indebtedness case proof of loss or destruction shall be fur- President a Vice y. or at, the Secretary, an .s herein provided,the owner of such indebted- nished to the satisfaction of the Company. Assistant Secretary. o: alidati a officer or .ess shall transfer and assign said indebtedness authorized signatory of h;Company. .rod the mortgage and any collateral securing 9. Liability Noncumulative 12.Notices, Where Sem he same to the Company upon payment there- If the insured acquires title to ttie estate or or as herein provided. interest in satisfaction of the indebted cess secured All notices required t, b_given the Company by the insured mortgage,or any part thereof,it and any statement in wr.riig required to be tor- t. Determination and Payment of Loss is expressly understood that the amount of nished the Companv sit.t`'�, be addressed to its (a) The liability of the Company under insurance under this policy shall he reduced by Home Office,P.O.Box Z-07,Richmond,Virgi- ns policy shall in no case exceed the least aC any amount the Company may pa} under any ria 23261, or to its Pu�.itic States Office, 60 otic inbuilt a mortgage hereafter executed Universal City Plaza,Un w-.crsity City,California (i) the actual loss of the insured claimant. policy B91608,or to the office w i.irh issued this policy. ,r by an insured which is a charge or lien on the estate or interest described or referred to in (ii) the amount of insurance stated in Schedule A, and the amount so paid shall be A THE PREMIUM SPECIFIED IN SCHEDULE ,chedule A, or, if applicable, the amount of deemed a payment under this police. A IS THE ENTIRE t H 4RCE FOR TITLE nsurance as defined in paragraph 2(a)hereof;or SEARCH,EXAMINATION AND TITLE INSUR- (iii) the amount of the indebtedness secured 10.Subrogation Upon Payment or Settlement ANCE. •% the insured mortgage as determined under Whenever the Company shall have settled a -aragraph 8 hereof,at the time the loss or dzm- 71 13 ti 1lN�l�tii�liY yi ti : ►'a,A—km'1�(1r(1riiY1►vAYIiV Polley 66-CA ALTA LO PNIc,11170 With ALTA EnJon "nt Form 1 Co"M96 A.d"10/17/)0 _ Lawyers Title Insurance Corporation Q SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE T PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF. LAWYERS TITLE INSURANCE CORPORATION,a Virginia corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the amount of insurance stated in Schedule A,and costs,attorneys'fees and expenses which the Company may become obligated to pay .i hereunder,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested otherwise than as st ted therein; or r� `= 2. Any defect in or lien or encumbrance on such title: or 3. Lack of right of access t0 and from the land: or 4. Unmarketability of such title: or 5. The invalidity or unenforceability of the lien of the insure ortgage up n said esta a or interest except to the extent that such i invalidity or unenforceability,or claim thereof.arises out (Ihe transactin evidenced v the insured mortgage and a based upon a, usury. or �Q,', b. any consumer credit protection or truth i law; r 6. The priority of any lien or encumbrance er the lien of t in red mortgage:or w ;.� 7. Any statutory lien for labor or material �hich now has game or rea(ter mac gain pnonty user the Len of the insured mortgage except any such lien arising ani rovemem on the Ian co ratted for and commenced subsequent m Date of Pohcs not <� financed in whole or in par yproceeds (the indebtedness se ure I b the insured mortgage u hlch at Date of Pohc% the insured has r advanced or is obligated 0 advance:or 8. Any assessments for sir t improvements u er constru on or completed at the date hereof u hich nou hale t:alned or hereafter may gain priority overt a insured mortgage: or J ;y 9. The invalidity or unenforc bility of any asst nmcnt..ho"n In Schedule A.ofthe insured mortgage or the failure of said assignment �• to vest title to the insuredm tgage int named insured assignee Tree and clear of all Lens. y ;yam IN WJTNESS WHEREOF,the Company has caused this Policy to be signed and sealed.to he s olid w hen countersigned by an authonred officer or agent of the Companv,all in accordance with its By-Laws. r Countersigned: y Lawyers Title Insurance Corporation CONTINENTAL LAND TITLE COMPANY f``ttNSUR�MFss+4 (�. c,��—+• L �—ss '�ry (� President Attest +"= � '�,''n�eNPJ`•'�' Secretary Issued at Copy of policy, no additional liability assumed By Pobcy No 86 00 120 725 Authorised Officer or Agent t� ::SIAL•i�e'7�itrJVk:iIfP+1N'NK:vTI�'}�F",wNY':�`lk:��`lft^�liL:� il�RR7�'�� �61-0-088-0001 CON CITY OF SAN JUAN CAPISTRANO CHECK REQUEST TO : CASHIER, Administrative Services Department ADDRESS CHECK TO: NAME : STEPHEN T. AND DIANE MuLL99 ADDRESS : 96.-44J CAtLE A6AFzATD .;AN _ Atq CAAIE.TFtA1JD . C!ALIC q2615 CHECK AMOUNT REQUESTED : 500 ACCOUNT N0 . a► - 2300- 00 2 CHECK STUB TO CONTAIN THE FOLLOWING : REFUND OF DE PDSIT CHECK REQUESTED BY: EMPLOYEE /// k?QMBdJ•� . DEPARTMENT�1 j@ DATE - DEPARTMENT APPROVAL - � FOR ADMINISTRATIVE SERVICES USE ONLY BUDGET ACCOUNT BALANCE : $ BUDGET ACCOUNT NO . VENDOR NUMBER PREPAID WARRANT NUMBER Ftp-3 A6 APPROVED : DATE : �-c Form AS-AP 1 . 0 —�--.ten-.'/--+'M^T^,^'�-•n�,Me+•�_" .f r 5 OF SAN 4 CAPISTRANOoEscehrTloN AAkouto 12/8 J • `''� 1861 [slatt irto �, 17716 t qr •• ro� � r h � .;• Y�y C- :� 'Xf ,mac r}•�! � �1 WILLMY �?�' r_ �• ,,s :avF t � SAN JUAn CAPt4TIlAltO ,m, x � ,' t11W A 1396900 i39690 1: i 2 2 2 2 2 291:045 200039 it , } t J, 4004A4 SAN J RTST1A 92675 ro FN�h� 9,51117J�s,}j}f l December 12 , 1984 J Teresa J. Roberts The Heritage Escrow Company 27405 Puerta Real, Suite 180 Mission Viejo, California 92691 Re: Muller, Escrow No. 3-3233 Lot 20 , Tract 6169 Dear Ms. Roberts: I have enclosed the subordination agreement you provided our office on December 11 , 1984 . I have executed the agreement on behalf of the City of San Juan Capistrano with the authorization of the City Manager. As you stated, you will provide a payment of $19 ,500 to the City of San Juan Capistrano at the close of the subject escrow. We will hold the funds you provide until the City Council approves the subordination agreement. I will need documentation that provides: 1 . The appraisal value of the structure and property. 2. The parties holding deeds of trust or lien rights senior to the City' s and the amounts of these deeds of trust or lien rights. • The Heritage Escrow Company -2- December 12 , 1984 I will notify you if further information is necessary. Please let me know when the escrow is to close. Very truly your Geo ge M. Lohne , Jr. City Engineer GML/mac Enclosure cc: Stephen B. Julian John Shaw W. D. Murphy �4 vMae 09 P SAN J ftSTR I 92675 17 � r August 29 , 1984 Ms . Teresa J . Roberts Heritage Company Escrow Services , Inc . 27281 Las Ramblas , Suite 120 Mission Viejo , California 92691 Subject : Muller Residence (Your Escrow No . 3-3233) Dear Ms . Roberts : We have received the document you forwarded on August 20 , 1984 . We received the document on the afternoon of August 23, and the earliest date it can be considered by the City Council is on September 18th. I will keep you informed of the progress of the Staff consider- ations prior to the meeting of September 18th . Yours very truly, CITY OF SAN JUAN CAPISTRANO �A George M. Lohnes , Jr . City Engineer GML : ol m c���xr.�a�e Z�cy��Eaix�G .,�E�leaoran �i�'a, U�a�'�an�eia 92'697 August 20, 1984 "< City of San Juan Capistrano 32400 Paseo Adelanto - San Juan Capistrano, CA 92675 d r; Attn: George Lohnes, City Engineer RE: Escrow No. 3-3233, Stephen J. Muller and Diane Marie Muller property; 26391 Calle Roberts , San Juan Capistrano Dear Mr. Lohnes We are handling an escrow wherein the above referenced homeowner, is attempting to refinance his existing Secondary financing, and obtain a new Second Trust Deed Loan. Our preliminary title report issued by Fidelity National Title Company shows that there is a Deed of Trust of record against this property in favor of the City of San Juan Capistrano. In order for Mr. Muller to obtain his new secondary financing, it will be necessary to have the City of San Juan Capistrano Subordinate their deed of trust to the new loan. This will place the City of San Juan in third position against the property, and enable the new lender to take the second position against the property. We enclose for your convenience, an original Subordination Agreement for signature of the necessary City Officials, in order to accomodate Mr. Muller in this situation. If you should have any comments or questions, concerning this matter, please do not hesitate to contact our office. Thank you for your attention in this matter. Sincerely - Teresa . Roberts Escr Officer enc AGENDA ITEM February 7 , 1984 TO: Stephen B. Julian, City Manager �- FROM: W. D. Murphy, Director of Public Works �/ SUBJECT: Acceptance of Deed of Trust - 26391 Calle Roberto, Lot 20 , Tract 6169 (Muller) SITUATION On the 1st of February, 1983 , the City and Mr. Stephen J. Muller entered into an agreement to permit construction of a pool into City easement for the northerly extension of Alipaz Street. The pool is on Mr. Muller' s lot, Lot 20 of Tract 6169 . Mr. Muller was to provide the City with a surety device to insure the removal of the pool or construction of a retaining wall to protect the pool at no expense to the City. Mr. Muller has provided the City with a deed of trust, a copy of which is enclosed. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. FINANCIAL CONSIDERATION The deed of trust shall be used to insure that no expense is incurred by the City due to the pool in the extension of Alipaz Street. The deed of trust is preferable to Mr. Muller, and the process for foreclosure, if necessary, is easier for the City than that of calling a bond. The deed of trust is mutually acceptable surety. The amount of the surety is $19 ,500. ALTERNATE ACTIONS 1. Accept the deed of trust. 2. Require a bond for surety. 3 . Request further information from staff. RECOMMENDATION By motion, accept the deed of trust from Mr. Stephen Muller as a surety for the extension of Alipaz Street and removal or protection of Mr. Muller' s swimming pool as required in an agreement dated February 1 , 1983 between the City and Mr. Muller and direct the City Clerk to record the document. Respectfully smitted, W. D. Murphy WDM:GML/rem . RECORDING REQUESTED BYWHEN RECORDING FEES EXEMPT DUE TO RITY OED RETUAN RN TOCArISTRANO 83-061522 GOONMENT CODE SECTION 6103 City 'rlerk ' s Department 32400 Paseo Adelanto �/San Juan Juan Capistrano , CA EXEMPT MARY ANNNANOVER, City Clerk 92675 ry C14 San Ju4dn Capistrano , Califcrnia AGREEMENT FOR CONSTRUCTION OF SWIMMING POOL IN ALIPAZ STREET RIGHT OF WAY THIS AGREEMENT made and entered into this 1st day of February 1983 , by and between the City of San Juan Capistrano hereinafter designated as "CITY" and Stephen J. Muller, herein- after designated as "OWNER. " W I T N E S S E T H: WHEREAS , OWNER is the owner of Lot 20 , Tract 6169 recorded in book 244 , Pages 19 through 21 , inclusive of Miscellaneous Maps of the County Recorder, County of Orange; and WHEREAS, CITY is the owner of an easement for slope purposes which traverses said lot and is necessary for the northerly extension of Alipaz Street; and WHEREAS, OWNER desires to construct a swimming pool and appurtenant improvements on said lot which shall encroach into CITY' S easement; and WHEREAS, CITY desires to maintain its ability to exercise its rights within said easement to construct improvements for Alipaz Street at no additional expense to CITY caused by said encroachment. NOW, THEREFORE, it is mutually agreed by and between CITY and OWNER as follows : 1 . CITY shall grant OWNER a permit to construct said swimming pool and appurtenant improvements within said slope easement. The encroachment of improvements into said slope easement shall not exceed twenty-five feet for the pool only with appurtenant improvements occupying an additional ten feet. 2 . OWNER shall prepare plans for a retaining wall approved by the City Engineer and CITY ' S Building Official to be installed if required at the time the future Alipaz Street construction is commenced. OWNER shall bear all costs of construction of said retaining wall . 3 . OWNER shall hold CITY harmless from all claims arising from OWNER' S construction, use, and maintenance of said swimming pool and appurtenant equipment; for purposes of this agreement, said retaining wall shall be considered appurtenant equipment. RECORDED IN OFFICtAI RECORDS Of ORANGE COUNFY, CAIffORNIA -12ou P 1 fz 6 '83 f • 83-061522 4 . OWNER shall install retaining wall as required or make other modification as required, or if it is not technically feasible to construct said wall , remove said swimming pool and/ or appurtenant equipment upon notice from CITY . OWNER to install improvements or remove the pool in conjunction with the construction of Alipaz Street. Notice will only be given to accommodate construction of Alipaz Street. OWNER shall bear all costs of such removals . 5 . OWNER shall provide a surety acceptable to CITY to insure OWNER' S obligation to fund said retaining wall or remove said pool. The amount of said surety shall be determined by CITY as follows: Construction costs of said retaining wall plus 108 of the construction costs for design and survey, 108 of the construction cost for contingencies, and 108 of the construction cost for inflation. 6 . CITY shall grant OWNER said permit to construct the swimming pool and appurtenant improvements upon approval of plans for said retaining wall, receipt of said acceptable surety and recordation of this approval . 7 . OWNER shall bear all expenses of repair and/or restoration of damage and/or wear to said swimming pool and appurtenant equipment caused by CITY ' S construction of Alipaz Street. 8 . This agreement shall run with the land and be binding upon OWNER and OWNER' S heirs , successors , and assigns . CITY OF JUAN CAPISTRANO ATTEST: '}" �� &OLAWRENCE F . nOSRfIM, MAYOR MARY ANN VER, CITY CLERK OWNER APPROVED AS TO FORM: 7?/:/t6 S EP N J'. ULLER AMES OKAZAKI, CI� TOT RNEY -2- a AM Order No, Eacrow,No. Loan No. Recording requested by: Y James S. Okazaki WHEN RECORDED MAIL TO: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Calif. 92675 SPAU Ya"vB MIS upi MR MORDers BSB DEED OF TRUST WITH ASSIGNMENT OF RENTS (LONG FORM) This DEED OF TRUST, made this twenty—first (21st) day of November, 1983 , between Stephen J. Muller and Diane Marie Muller, husband and wife herein called TRUSTOR, whose address is 26391 Calle Roberto , San Juan Capistrano, California 92675 INumher rM Soesd (City) (51.1.) FIRST AMERICAN TITLE INSURANCE COMPANY, a California mrporaluon, hereincalled TRUSTEE, and the City of San Juan Capistrano, a California General Law City------- ------------------------------------------------------ herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that propertyin the City, of San Juan Capistrano County of Orange ,Slate of California,described as: Lot 20, Tract 6169 recorded in Book 244, Pages 19 through 21, inclusive of Miscellaneous Maps of the County Recorder, County of Orange Toy.ttpr with the rata.issues and profits thereof,sublact,nowayw,to the trial,power eta auilmrm,herinaher seen to Mass confxnd own Belpfi- cbry to eollest And apply mein ren".i>aufa erd,profit. For the Furpop of secure,(1)Wy t al the rum of S is or �irYmMkaeM4lrarnllaef`amlemiMes}noewar .aratwaiavwtlMMlepiwMllaMly Srwon-wYaaMMrYerd YalaAixrw and e.teMioM or rationale thereof,and(2)[nes pMIXmerca of eseh gess, meet of Truxor irwOrporrted by refMeno or con"lmd herein 131 PryrMM of seashores standards in"rest thereon whkh may neraafter be Ironed to Trounce,or hY mocateon w aesi da wont avilen[ad by a oromisswy rob or notes reokino Chet MeY Y1 etOrtad by)hie Deb of Tlux. **to be determined by the City Engineer of the City of San Juan Capis— MENT FOR CONSTRUCTION OF SWIMMING POOL*** (11 Tp kap vN prOpMy in oeed coMltion Md raptor neo[o mmwe w rNmtlYl mor aYiIdIM dnnon:m complain w rrmra pmrlpdY xd in opera atm wortmnlikamannw my W ildingwnkn mry W cpnrbYcta0.dwnellad w M.boyad MMeon aM m pry whn duo Yl dwM fro 1!w pMwmad MW mwarMa Nmialass MMiw;[p cwnpy wIM YI IYM aflestrp rYd propMY OI rpuillnp my YprMipp w implp'xM^p[O b mato merapa;trot[O eppnit w rnttit wesp Tpaol;net IOtemmit.LfMw pnni[41y Yt upon rk plppxy in vitlmbn of IpY;p cYlmM,i,rgxa.fer[iliSL 1Ympab.PNM wig d0 YI OMx attr whkn fipn Me cnMCM or ur 1.f Md ereoany mN b rresaneslY ncsrv,Me mwiik xwmrreliaw nMN not eseuduM me esMIY. 121 TO prwidM1 mYn"in MM dMNw m Bnafkiw'fin iMrrYxa axialcmry m won wiM Ion pryYfla t0 BFplkiw.Tna wnW nt[tllectM uMx xry Ian w waw i,W rxca pe1cY mry ad les or 1.y BMplkiof Ypon pry i,gabWnepsural hartlY aM in wall wdMY BMwlkwy mry d-1 default tt rt Optkn OI BM fkiw me Mnn wMun[m AY1sW w mor ter Mamf mry ba Meted m TNr[w.SUN rOpliu[ion w Mem NYI tat can w Miva rnY drfellt w nwka of dafeol[ tnatwrMar or imYidMe my Act doer purcnnt to fan helix I And TO rppesr In eon pound MY Ctkn w�ISMIM rnrppmp m rffact ma as ser,in M or mss rpnp w powan of in nlwin w TNxn;Mk tst pry YI code earl rimy it brobna cart of widM[r Of tier xM atMMy'f fon in r namnesla pm,in mor won roam w procwpin9 in ankh axplklw o1 Trustee may mprw,w!in o d mat t "A's by Sateo oh,so t0 fxsls mk w1.. 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(Ibad Thad aentre: 111 Thad rtes wand Or denyp in conmmbpn with nor crmpMnMiW for Wok uses w w injury a m rC dis or MY Ian herself i1 named wow�m And -5 NYI ed peiJ m emafkiw who mry 9WY er rMeMa mch mento rMYvq W nim in ter uta manner mtl aim Ma rMna aNwt stands.plwka0 he dimW tion Ot brabled.tnt finerprowimm.nr. 12) 2) Tsp ny axpdM WYmen[of any mm rW tall nMuy rhx ib due dap.Bwpfkiw dm apt wwa nivpnt YtMr to mown prarmt prymmt rAan due of YI Onx mesh m raral er t0 dslM dalmlt IOr Ifilun r m pm. I.t) TMr M Nv tum w hwn rima ro tunF wiMa,t Ii.pilih narair ion wimW t nwkr,uppl writpn rpupt w expfkiw Md prpenptiM a/nia paatl utl acid nab fpr aMonwnmt.W winwt rifcnM me pwomY liap,lih of nor parrot for prymMt of Ma iMespdne 1.W ul swop,TruMe mry:rcawry My 1.M OI bid prOWny:COnrrli m th1 mMl,q of MY mrp w pat mxear:IOIn in gnniirp enY ewMnt marwn:OI loin in enY aapMbn eprwrpm w eon earaw^ant mbam(Millp d1.Iron 01 cheres hereof. 141 Thn open wnipn rayon OI penalkiw rad^a nM YI roma rmrtl Many awe nese ark.MN unOn mm,Mw al nk prd xk rtl nab m Trvebe Ian careYr,bo eon nwntlen w emx mines ion a Trvstn m iv rba of y pian mry mosses*1 upon prymmt broad fear,TNrtes nYl rcemay,wiGran wwmN. rea xepMh Mm sed n.ass.Tne exert in mc11 rwernryrrce of mor mMM w Ica NYI b cOMuwa proof OI the truthfulness mrnel.no Gmtm in mch resomayewA mry a drwnb.d es"me pawn or Aaron lmrhv.^plod tante.' ISI Tnw b esditiwW spry.Trvmr naMr pivb to vd,coniM upon BaMlkiw rM richt pwpr rM mmairy,dusts me con[iMrM of mato TNYµ 10 cdlion ma rmAs ..iand,weRb Of 1.k probably.oratorios unto TNrtw on,right,innrym inner to my dalmlt by Truant,in pmt w MY irkebbp measuredmeasured! M heY s,1 In pMomMra of MY 4es l her Wer.At cYllat ands rat in mch,anµIrrx rM pre ib As nay thaceme due erg pANMI own MY rucn defml4 Bwpllciw mry x tory sma without notes.timer in ewron.by Writ w by a recover 10 W aOpanMl W a[eurt.Md,rmwt pgMd to Me edmuesY of mor Ad rap fa me in deslesnesahmbr.lad.m[MYpen Md,Mta presab�M W iYd preMy w MY Pw[mwMf.in nia awn Mme Ma 1w IX OmMriY!Yawl mcn,Mot.i..And pma Al. iuludind MM pal do*And unped,,Mq apex msswane,IoncWOAnd mpanM Of operation Me[elwtien,imaudIM Ie erlrble axwnry'r fwa,upon MY iMa newrolratl nwaDY.W in mch erdM w BaMfkiery mry dMwmin4 Tna mlwiM open Mm toriM WwMion Of rk PmpaxY.nes eYlclim OI mcla,mµImes Md gpflb rtl Ma estl.mamf r headed.owl not mn or awe mor datmH a awn of deeslt nermld,n w imYkM tory est dMa WlmMt nt with nwxe. ***IN ALIPAZ STREET RIGHT OF WAY recorded as instrument No. 83-061522 MEMORANDUM February 7 , 1984 TO: Stephen B. Julian, City Manager FROM: George M. Lohnes, City Engineer SUBJECT: Acceptance of Deed of Trust - 26391 Calle Roberto Lot 20 , Tract 6169 (Muller) (Agenda Item) Mr. Muller returned my call this afternoon. He stated that he chose a deed of trust because: 1. He could only get a bond for one year without a reasonable guarantee of having it renewed on an annual basis; and 2. He did not have sufficient cash available or wish to tie that amount of cash up for an extended period of time. In conclusion the trust of deed was his preference and was felt to be acceptable to the City Attorney and myself. IW� GML/rem oo r,'�seat�.oan i SAN J PIS TR A4#Q'iCq�i4Ff1 I 92675 s$ F ♦ 9S{117�'u January 11 , 1984 Mr. Steve Muller 26391 Calle Roberto San Juan Capistrano, California 92675 Dear Mr. Muller: The amount of the bond as determined by me on this date is : Construction $15, 000 Design & Survey 1, 500 Contingencies 1, 500 Inflation 1 , 500 Total $19 , 500 Yours very truly, CITY OF SAN JUAN CAPISTRANO je M. Loh s, Jr. City Engineer GML:ol Breton X16 COWRUCTIOn InC. license n mmbe 317535 17691 MitcWl Horth•Uvine•CoAfomia-92714 [7141660-9400 October 12, 1983 Steve Muller 26391 Calle Roberto San Juan Capistrano, CA 92675 Dear Steve: We propose to supply labor, material and equipment necessary to construct the retaining walls shown on plans by Kowalski/Harding and Associates and Arthur H. Knapp all for the lump sum of $14,760.00. Yours truly, BRETON CONSTR/UC�TION,, INC. Robert M. Harding Vice President 24 LOwe� P2�TJ'C// 46 qD 12 ' B( oc,c 461x3.33 = I-Sr �;2„ loXity = 9w L ee J 9 //3)e/ od w/(/o = 4xe� yzd-�R /�r fo Z-060 �s/Z , /floo = 1779cj S. P �G✓i,�co = Sld X �_ 3 � R14CC- 44A., tlr� It / 1z,� /.S--d 0/1 � �3ao �,e /dZd33u o Z9.3X/83� iTOO)x f /J f-d X Z/�. -fsy� — G7dLX/Z � f f� _ / �1 �✓ /z X � 2 L�Kr�Q K1�c r n,o-jo 1 Q � 0 0� i 3 =:741PPER AOOL L i la i Ir Io ' ,s rT6z:FT 3O • w - :f000 rl ___ 2. �'.C�C7G/j - 2DOQ /�J'G • - .QGG G'ELG� d1E'D 1oV:9.oEC7'!ON R�4 n Q ,4 GG i V4400 SAN JLW lik 92675 �PiSTRJ �!CA!��J January 11 , 1984 Mr. Steve Muller 26391 Calle Roberto San Juan Capistrano, California 92675 Dear Mr. Muller: The amount of the bond as determined by me on this date is : Construction $15, 000 Design & Survey 1, 500 Contingencies 1, 500 Inflation 1, 500 Total $19, 500 Yours very truly, CITY OF SAN JUAN CAPISTRANO -i Y Geoge �M 3r Jr, City Engineer GML:ol AGENDA ITEM February 1 , 1983 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement For Construction of Swimming Pool - Alipaz Street Grading Easement (Muller) SITUATION Mr. Stephen J. Muller has requested permission to construct a swimming pool in the Alipaz Street grading easement on the rear of his property. Mr. Muller owns Lot 20 of Tract 6169 . A northerly extension of Alipaz Street from its present terminus north of Del Obispo Street will cause extensive grading into Mr. Muller' s yard and the easement. Staff and the Environmental Review Board have reviewed the situation in detail and have concluded that all reasonable alternatives will cause this extensive grading, and special construction techniques will be necessary if a pool is constructed in the City' s grading ease- ment. A sketch is enclosed. Staff has prepared an agreement that permits Mr. Muller to construct the swimming pool, and staff is recommending its approval. The agreement permits the construction of the pool but requires that Mr. Muller either remove the pool or construct a retaining wall at such time as Alipaz Street is extended. A surety device is required to insure that these actions are taken. A copy of the agreement is enclosed. FINANCIAL CONSIDERATIONS The provisions of the agreement require that Mr. Muller take the necessary action to insure that the pool does not create a financial burden upon the City when Alipaz Street is extended. No City expenditures are required. ALTERNATE ACTIONS 1. Approve the agreement. 2. Do not approve the agreement. 3 . Require modifications of the agreement. 4 . Request more information from staff and hold the matter for further consideration. Agreement for Construction of -2- February 1 , 1983 Swimming Pool (Muller) RECOMMENDATION By motion, approve the "Agreement for Swimming Pool Construction in Alipaz Street Right of Way" with Mr. Stephen J. Muller (Lot 20 Tract 6169) and authorize the Mayor and City Clerk to execute the document. Respectfully submitted, W. D. Murphy WDM:GML/rem Encls. g1. ^'V ZpON �- ��b S►Nta 339 wl FUTURE EXTENSION OF ePa°0p4 N op�pH =` ALIPA < STREET \ a j a N a Ir li �oO� Fill MP PE RF1ADIt4EnE 79w `per P „ wn 26]62 9� O a „ p yr � /T4 8: M� T. 26liI 9 bot m �s SA % o° ti� E TD C-p .•. RAMOS z66n T2sm 1 & SPRING JUA V, 41) V14 JP �tT ` 26602 ~ u jS4N' p f n a JU6N P►6 /AE ttl • v/A "LAND �.�� �O r MISSIpry m MULLER PROMct�`E� 9 " alrn— 268 26672 a Q CA((E P4St, NDUGO 9T m N m P d E(4 O /n ( s cT O q 4OA'yI Fd1 ER 4r J SB/ 6T QQ�V > w r A<(R n 3900 OEC ~ON, ' J o o �QO 26731 A DEL o� Gh/( OBISPO 3193e o" ST /\// Sp ♦y v do $ I / CI((C SPO �rO ;moo L/4 Q° 4 ♦ AI3EAte- VIA O OF, 4ME.(A [/ � Z Q D yAVEMI p]�\ r cb JJ y�0 'e `/ W 3 ~ n GOI.ONDNI W ems_ �P '�• VIA VIE Y W: N W. O AVENIDA a Q VIA OATALONIA V LA PypM4 H 0 y4R17W TYPICAL SECTION WO Q �/ AVENIDA W �PROPDLEC POCL F F_?bRc ',NGLL W PADRE a ILL 26802 -- O AGREEMENT FOR CONSTRUCTION OF SWIMMING POOL IN ALIPAZ STREET RIGHT OF WAY THIS AGREEMENT made and entered into this day of 1983 , by and between the City of San Juan Capistrano hereinafter designated as "CITY" and Stephen J. Muller, herein- after designated as "OWNER. " W I T N E S S E T H: WHEREAS, OWNER is the owner of Lot 20 , Tract 6169 recorded in book 244 , Pages 19 through 21 , inclusive of Miscellaneous Maps . of the County Recorder, County of Orange; and WHEREAS, CITY is the owner of an easement for slope purposes which traverses said lot and is necessary for the northerly extension of Alipaz Street; and WHEREAS, OWNER desires to construct a swimming pool and appurtenant improvements on said lot which shall encroach into CITY' S easement; and WHEREAS, CITY desires to maintain its ability to exercise its rights within said easement to construct improvements for Alipaz Street at no additional expense to CITY caused by said encroachment. NOW, THEREFORE, it is mutually agreed by and between CITY and OWNER as follows: 1 . CITY shall grant OWNER a permit to construct said swimming pool and appurtenant improvements within said slope easement. The encroachment of improvements into said slope easement shall not exceed twenty-five feet for the pool only with appurtenant improvements occupying an additional ten feet. 2 . OWNER shall prepare plans for a retaining wall approved by the City Engineer and CITY ' S Building Official to be installed if required at the time the future Alipaz Street construction is commenced. OWNER shall bear all costs of construction of said retaining wall . 3 . OWNER shall hold CITY harmless from all claims arising from OWNER' S construction, use, and maintenance of said swimming pool and appurtenant equipment; for purposes of this agreement, said retaining wall shall be considered appurtenant equipment. 0 4 . OWNER shall install retaining wall as required or make other modification as required, or if it is not technically feasible to construct said wall, remove said swimming pool and/ or appurtenant equipment upon notice from CITY. OWNER to install improvements or remove the pool in conjunction with the construction of Alipaz Street. Notice will only be given to accommodate construction of Alipaz Street. OWNER shall bear all costs of such removals . 5 . OWNER shall provide a surety acceptable to CITY to insure OWNER' S obligation to fund said retaining wall or remove said pool . The amount of said surety shall be determined by CITY as follows : Construction costs of said retaining wall plus 10% of the construction costs for design and survey, 10% of the construction cost for contingencies, and 10% of the construction cost for inflation. b . CITY shall grant OWNER said permit to construct the swimming pool and appurtenant improvements upon approval of plans for said retaining wall, receipt of said acceptable surety and recordation of this approval . 7 . OWNER shall bear all expenses of repair and/or restoration of damage and/or wear to said swimming pool and appurtenant equipment caused by CITY ' S construction of Alipaz Street. S . This agreement shall run with the land and be binding upon OWNER and OWNER' S heirs, successors, and assigns. CITY OF SAN JUAN CAPISTRANO ATTEST: LAWRENCE F . BUCHHEIM, MAYOR MARY ANN HANOVER, CITY CLERK OWNER APPROVED AS TO FORM: STEPHEN J. MULLER JAFS OKAZAKI , CITY UeTTORNEY -2- ii4 00 Pi"Eo AAD L�A,�I,"Cl� SAN JL)406CAPiSTRAK0,CAJ_LF6Ri41* 92675 fHONZ493A 17Y January 7 , 1983 Stephen J. Muller 26391 Calls Roberto San Juan Capistrano, CA 92675 Re: Agreement for Construction of Swimming Pool (Alipaz Street Extension) Dear Mr. Muller: I have enclosed a copy of the agreement we discussed some time ago. It has been modified to reflect the review of the City Attorney. The changes are major in concept. The thrust of the agreement is to limit the City' s obligation to permitting the construction of the pool. The City shall be able to direct its removal or modification without qualification at such time as the road is to be extended. Your obligation shall be to undertake whatever construction is directed and to provide a surety device insuring com- pliance with the direction given. You may wish to consider the enclosed document in detail as it has undergone extensive modification. Upon your response we can present it to the City Council. The Environmental Review Board directed that backup documents be prepared and I will forward that body' s minutes upon approval. Very truly yours CITY OF SAN JUAN CAPISTRANO lmtl!� George M. Lohnes, Jr. City Engineer GML/rem Attach. CC: City Attorney AGREEMENT FOR CONSTRUCTION OF SWIMMING POOL IN ALIPAZ STREET RIGHT-OF-WAY THIS AGREEMENT made and entered into this day of 1983 , by and between the City of San Juan Capistrano hereinafter designated as "CITY" and Stephen J. Muller, herein after designated as "OWNER" . W I T N E S S E T H: WHEREAS, OWNER is the owner of Lot 20 , Tract 6169 recorded in Book 244 , Pages 19 through 21 , inclusive of Miscellaneous Maps of the County Recorder, County of Orange; and WHEREAS, CITY is the owner of an easement for slope purposes which traverses said lot and is necessary for the northerly extension of Alipaz Street; and WHEREAS, OWNER desires to construct a swimming pool and appurtenant improvements on said lot which shall encroach into CITY' s easement; and WHEREAS, CITY desires to maintain its ability to exercise its right within said easement to construct improvements for Alipaz Street at no additional expense to CITY caused by said encroachment. NOW, THEREFORE, it is mutually agreed by and between CITY and OWNER as follows: 1. CITY shall grant OWNER a permit to construct said swimming pool and appurtenant improvements within said slope easement. The encroachment of improvements into said slope easement shall not exceed twenty-five feet for the pool only with appurtenant improvements occupying an additional ten feet. 2 . OWNER shall prepare plans for a retaining wall approved by the City Engineer and CITY' s Building Official to be installed if required at the time the future Alipaz Street construction is commenced. OWNER shall bear all costs of construction of said retaining wall. 3 . OWNER shall hold CITY harmless from all claims arising from OWNER' s construction, use, and maintenance of said swimming pool and appurtenant equipment; for purposes of this agreement, said retaining wall shall be considered appurtenant equipment. 4 . OWNER shall modify or remove said swimming pool and/or appurtenant equipment upon notice from CITY. Notice will only be given to accommodate construction of Alipaz Street. OWNER shall bear all costs of such removals. Y 5 . OWNER shall provide a surety acceptable to CITY to insure OWNER' s obligation to fund said retaining wall . The amount of said surety shall be determined by CITY as follows : Construction costs plus 10% of the construction costs for design and survey, 20% of the construction cost for contingencies , and 25% of the construction cost for inflation. 6 . CITY shall grant OWNER said permit to construct the swimming pool and appurtenant improvements upon approval of plans for said retaining wall , receipt of said acceptable surety and recordation of this approval. 7 . OWNER shall bear all expenses of repair and/or restoration of damage and/or wear to said swimming pool and appurtenant equipment caused by CITY ' s construction of Alipaz Street. 8 . This agreement shall run with the land and be binding upon OWNER and OWNER' s heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized persons on the date first above written. CITY OF SAN JUAN CAPISTRANO ATTEST: Lawrence F . Buchheim, Mayor Mary Ann Hanover, City Clerk OWNER APPROVED AS TO FORM: James S. Okazaki, City Attorney -2- 32400 PA5EO ADELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 PHONE 493.1171 July 19 , 1982 Stephen J. Muller 26391 Calle Roberto San Juan Capistrano, CA 92675 Re: Draft Agreement For Pool Construction (Lot 20 , Tract 6169/Alipaz Street) Dear Sir: I have prepared a draft agreement for your review. Mr. James Okazaki, our City Attorney, is concurrently reviewing the agreement and will provide his comments and modifications . I would appreciate it if you would do likewise. We will present the agreement to the City Council once it is in acceptable form. Your timely response will assist in our scheduling the matter for the earliest meeting possible . Very truly yours , CITY OF SAN JUAN CAPISTRANO Yd/ Geor e M. Lo ne Jr. City Engineer GML/rem Encl. cc: J. Okazaki w/encl. • D R A F T AGREEMENT FOR CONSTRUCTION OF SWIMMING POOL IN ALIPAZ STREET RIGHT OF WAY THIS AGREEMENT made and entered into this day of 1982 , by and between the City of San Juan Capistrano hereinafter designated as "CITY" and Stephen J. Muller, herein- after designated as "OWNER. " W I T N E S S E T H: WHEREAS, OWNER is the owner of Lot 20 , Tract 6169 recorded in -Book 244 , Pages 19 through 21, inclusive of Miscellaneous Maps of the County Recorder, County of Orange; and WHEREAS CITY is the owner of an easement for slope purposes which traverses said lot and is necessary for the northerly extension of Alipaz Street; and WHEREAS, OWNER desires to construct a swimming pool and appurtenant improvements on said lot which shall encroach into CITY'S easement; and WHEREAS, CITY desires to maintain its ability to exercise its right within Said easement to construct improvements for Alipaz Street at no additional expense to CITY caused by said encroachment. NOW, THEREFORE, it is mutually agreed by and between CITY and OWNER as follows : 1. CITY shall grant OWNER a permit to construct said swimming pool within said slope easement. The encroachment of improvements into said slope easement shall not exceed twenty feet. 2. OWNER shall prepare plans for and construct a retaining wall to the approval of the City Engineer and CITY' S Building Official. Said retaining wall shall be buried and for the purpose of future Alipaz Street construction. 3. OWNER shall hold CITY harmless from all claims arising from OWNER' S construction, use , and maintenance of said swimming pool and appurtenant equipment; for purposes of this agreement, said retaining wall shall be considered appurtenant equipment. 4 . OWNER shall modify said swimming pool and appurtenant equipment upon notice from CITY that such modification is necessary to construct Alipaz Street. CITY shall not unduly exercise the right to cause said modifications and shall consider all reasonable design alternatives before requiring same. 5. OWNER shall bear all expenses of repair and/or restoration of damage and/or wear to said swimming pool and appurtenant equipment caused by CITY 'S construction of Alipaz Street. 6. OWNER shall provide and maintain in full force a surety acceptable to CITY in the amount of $10 , 000. The purpose of the surety is to insure conformance with Sections 5 and 6 herein, and CITY shall have the right to use surety for that purpose if OWNER does not conform within sixty consecutive days of CITY sending written notice to act. 7. This agreement shall ruA with the land and be binding upon OWNER and OWNER' S heirs, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized persons on the date first above written. CITY OF SAN JUAN CAPISTRANO ATTEST: LAWRENCE F. BUCHHEIM, MAYOR MARY ANN HANOVER, CITY CLERK OWNER APPROVED AS TO FORM: JAMES S. OKAZAKI, CITY ATTORNEY -2- 32400 PASE0 ADELANTO SAN JUAN CAPISTRANO,CALIFORNIA 92675 'PHONE 493-1171 July 19, 1982 / l l.__. Stephen J. Muller 26391 Calle Roberto San Juan Capistrano, CA 92675 Re: Draft Agreement For Pool Construction (Lot 20 , Tract 6169/Alipaz Street) Dear Sir: I have prepared a draft agreement for your review. Mr. James Okazaki, our City Attorney, is concurrently reviewing the agreement and will provide his comments and modifications. I would appreciate it if you would do likewise. We will present the agreement to the City Council once it is in acceptable form. Your timely response will assist in our scheduling the matter for the earliest meeting possible. Very truly yours, CITY OF SAN JUAN CAPISTRANO Geor e M. Lo ne , Jr. City Engineer GML/rem Encl. cc: J. Okazaki w/encl. r • • D R A F T AGREEMENT FOR CONSTRUCTION OF SWIMMING POOL IN ALIPAZ STREET RIGHT OF WAY THIS AGREEMENT made and entered into this day of 1982 , by and between the City of San Juan Capistrano hereinafter designated as "CITY" and Stephen J. Muller, herein- after designated as "OWNER. " W I T N E S S E T H: WHEREAS, OWNER is the owner of Lot 20 , Tract 6169 recorded in Book 244 , Pages 19 through 21 , inclusive of Miscellaneous Maps of the County Recorder, County of Orange; and WHEREAS CITY is the owner of an easement for slope purposes which traverses said lot and is necessary for the northerly extension of Alipaz Street; and WHEREAS, OWNER desires to construct a swimming pool and appurtenant improvements on said lot which shall encroach into CITY'S easement; and WHEREAS, CITY desires to maintain its ability to exercise its right within said easement to construct improvements for Alipaz Street at no additional expense to CITY caused by said encroachment. NOW, THEREFORE, it is mutually agreed by and between CITY and OWNER as follows: 1. CITY shall grant OWNER a permit to construct said swimming pool within said slope easement. The encroachment of improvements into said slope easement shall not exceed twenty feet. 2. OWNER shall prepare plans for and construct a retaining wall to the approval of the City Engineer and CITY' S Building Official. Said retaining wall shall be buried and for the purpose of future Alipaz Street construction. 3. OWNER shall hold CITY harmless from all claims arising from OWNER' S construction, use, and maintenance of said swimming pool and appurtenant equipment; for purposes of this agreement, said retaining wall shall be considered appurtenant equipment. 4 . OWNER shall modify said swimming pool and appurtenant equipment upon notice from CITY that such modification is necessary to construct Alipaz Street. CITY shall not unduly exercise the right to cause said modifications and shall consider all reasonable design alternatives before requiring same. 5. OWNER shall bear all expenses of repair and/or restoration of damage and/or wear to said swimming pool and appurtenant equipment caused by CITY'S construction of Alipaz Street. 6 . OWNER shall provide and maintain in full force a surety acceptable to CITY in the amount of $10 , 000 . The purpose of the surety is to insure conformance with Sections 5 and 6 herein, and CITY shall have the right to use surety for that purpose if OWNER does not conform within sixty consecutive days of CITY sending written notice to act. 7. This agreement shall run with the land and be binding upon OWNER and OWNER' S heirs , successors , and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized persons on the date first above written. CITY OF SAN JUAN CAPISTRANO ATTEST: LAWRENCE F. BUCHHEIM, MAYOR MARY ANN HANOVER, CITY CLERK OWNER APPROVED AS TO FORM: JAMES S. OKAZAKI, CITY ATTORNEY -2- r DaM Nelson Appraisal Seftces 4341 Birch Street, Suite 206 Newport Beach, Ca 92660 (714)957.2950 APPRAISAL REPORT 1 ADDRESS: 26391 Calle Roberto San Juan Capistrano, CA PROPERTY TYPE: Single Family Residence APPRAISER: Darla R, Nelson DATE OF VALUE: May 26, 1984 APPRAISED VALUE: $550,000 IFEB ------------------- • RESIDENTIAL APPRAISAL REPO File No. Bonomrer rxJLsLiCrt(a p Esll Census4. t 7 Map galerMln P.pperty Aadrest 26391 Calle Roberto _ Cay San Juan CaPistrano - _County Orange Stan CA - z,6 code 92653 Legal Description Lot 20, Tract 6169 AP#649-061-16 _ Sale Price S Owe IMOD! 5/84 Loan Term yrs Property Rights Appraised Fee LaaYllold DeadersimisI Actual Real Estate Taxes S (yrl Loan charges to be paid by seller S Omer sales concessions LarWer/Client Cancal Mortgage Occupant Omer _Appraiser_--Darla R. Nelson InsirucrmnstoAppraiser Second TD Location __ Urban X Suburban Rural Good Avg,Fair f Built Up !Over 75% k 2b%to 75% .Under 75% Employment Stability IN ❑ ❑ Growth Rate ❑Fully Dev. -:]Rap.d X'Steady Slow Convenience to Employment In ❑ ❑ Property Values Increasing X Stable ._j Decim.ng Convenience to Shopping IN ❑ ❑ Demand/Supply Shortage X In Balance Over SusPly Convenience to Schools ® ❑ ❑ Marketing Time D Under 3 Mus X •1 6 Mus Over li Mos Adequacy OI Public Transportation ® ❑ ❑ Present Land Use 60% 1 Family % 2-4 Family ;',•Apls. 5 °;.Condo_-%Commercial Recreational Facilities IN ❑ ❑ __% Industro135 Vacant_ __,- _-_____ _ Adequacy OI Utilities ❑ El ❑ Change m Present Lana Use 'J Not Likely L.kelt' 1'1 Tekn.j Piece t'1 Property Compatibility ® ❑ ❑ (') From To Protwtsoni(om Oetnmenta)ConaitioM ❑ ® ❑ Predominant Occupancy Xlowne, I.,..un _e. Vacant Police and F.te Protection ❑ ® ❑ Single Family Price Range 6 350,0001i g 1r000,OQ�om.nant valves 500 00 -eneral Appearanceol liapartres 13 1:1 C-1Single Family Age New yrs to 20 r•a Predominant Age 8 yrs Appeal to Market Noes:FHLYC/FNMA do til consider race a the recut composition of the neighborhood to be reliable apprale ll featom Comments including those facmrs, tavorable or unl..vurable,allotting marketability le.g.pu1111C Parks.schools,view,nOlsal Subject property is located in area of custom and semi-custom built homes. Nei is approximately eight years old an—a displays above average pride o —owner". s are t on cts--a-iia have vari.eciarchitectural styles that are confornang. Subject approxhilimtely three miles flan tlie_ocea_n and two uses west o e San iego. Tec is in close piv7c=nty to schools;s in and trap tion. Dimensions ar See a_tac _ _ t jQCAX*XAcres ❑ Corrser Lot Zoning classification R� _ Present improvements ®do ❑do not cisn(atn to zoning regulette i.ghest and best use. N Present use 1-1 Other Public Other IDescnbel OFF SITE IMPROVEMENTS Topo Level Pad sloping downward to rear c lec. ® Street Access Xi Public ❑Private Sire Large :las ® Surlace Asphalt Shape Irregular Nater ® MaintenanceX:Public o Prwate View Hills to 3an.Swwr ® 'x, Storm Sewer i}(,Curb/Gunn Ad Drainage �Ua ' ®Underground Elect &Tel, j �X Street Lights Is the property located on a HUDldentmtied Special Flood Hatrd Areal ONG0, ..Omllments (lawarable or unfavorable mclud said any app...cnr adverse easements encroachments or other adverse conditions) Level inside pad serviced by all public utilities. Existing MropoliaclOUnde, Constt. No Units .�_ Type Idet, dupe k, semi/des, elc.l Design Irambler, split level.etc) Exterior Walls rs.Age:Actual _Effective 6_to_RNo. Sloe.es_L_ _ DeI Stucco cool Material ' Gutters 6 Downnpouls X ,None Window ITypel LLR]num Inwntim ❑None ❑FI Mission tile -0- _, i._ [Sturm Sash 7XScreenf ❑Ca,Img ❑Root ®W _ ❑Combinabon Manufactured Housing Is..a mens [] Floor Dram Finished Ceiling 'oundat ion Walls Om.+oe Entrance [-]Sump Pump Finished Walls Concrete ]Cuncr.!te. Floor _% Fmnhed Finished Floor Slab on Gradde...❑Crawi Spica Ev.denc.•nl 7Damyness n Tmm.tes 7 Settlement .omments jgproyeTlelLts in .good condition. loom List cover Living Dining_ Kitchen Den Family Ron I Res; Rm I Bedrooms No. Baths I Laundry-F— aundr Other 3asement its Level x x x x 3 x ?no Level - -- — FinisMd up above ad e contains a total ot_ Z. _rooms _3_badtoums_3_ .—baths. Gros.Livin Area 3536 ,1t. Bum Mea u C.tchen Equrpmenl Relnyera for (X;Ran.IrlUv.:n ,XlUayonal (% Oal.weslon [ Fan/Hood [jC]ComPae for WssharLJOrver EJ 311ZABXICW TEAT. Type FAU Fuel Gas Corel Good AIR COND [-]Central rROther none ®Adequate ❑Inadequate =loonHardwood ,x Carpet Own slab Good AvgFair h Valls ®Drywoll ❑Plante. ( I Quality of Construction (Materials 6 Finish) 01 tUyy❑t ❑ [ nm/Finish [Good ❑Avera.le (..]Fa.r IJPt--a oot Condition of Improvements M ❑ I Sam Floor ❑ceramic X carpet/paver tile Room sizes and layout ® ❑ ❑ 1 soon Wainscot ®Ceramic ❑ Closets and Storage ® ❑ ❑ 1 ipecual Features)including energy efficient nemsi Solai-`hed� Insulation-edequecsr Is ❑ ❑ 1 Double (pass the f ITE lace bEtWEEfI Plumbing-adeguacy and condition IR ❑ ❑ [ - rap_ Electrical-adequacy and condition @ 13 [ diningan roam d levan roan.--- _ (9 ❑ ❑ _ Kitchen Cabinets-adequacy and condition 4TT1C: ®Yes ❑No L]Stairway 0Dios-slier k]Scuttle ❑ Floored Compatibility to Neighborhood ® ❑ ❑ 1 Finished(Describe) ❑ Heated Overall Livability 11-27 1:10 1 ® CAR STORAGE- Gauge ❑Buat .n ® ta Atched L.]Detached❑ 0 Car Port Appeal and ❑ ❑ 1 No.Can Adequate 0 Inadequate Condmon GOOd Yrs En Remaining Economic LAe 55 m 60,Eapleia-i!Irlhan LoenT, FIREPLACES,PATIOS,POOL, FENCES,etc (dew.be)-__Subject has overhang which is considered patio Cd12T. Subject has large pool/spaand decking. There is wet bar and grill by swimming pool. COMMENTS (including functional or physical madequac.es. repairs needed,nrodern.tal.on,etc.) Subject is in good condition. landscaping is in the process of caryletion. Swimming pool is heated by solar. -- - VALUAflibN SEC7')dN Purpose of Appraisal is to estimate Market Valu alined in Certification & Statement of Lxniu ,sons IFHLMC Form 479/FNMA Form 100481 Ib submitted fbr FNMA, the appraiser must stun, sketch or map showing location of subject, stra a. distance from national intersection,and any d*Wn,wn%M Conditions and(2)exterior buildings n of improvements showing dimensions. Z11, Manwanents No. Stories Sq. Ft. ESTIMATED REPRODUCTION COST — NEW — OF IMPROVEMENTS. -,_% Dwelling 3536 Sq. Ft. Y S 60.00 S 212.160 ■_x Sq. F 1. Y S a_� � Extras Pool/spa (solar heated) 40.000 x x x Spacial Energy Efficient Items InCluded in pool, a x Porches, Pathos, etc. Covered Overhang 55,(01000 Tope Great Living Area (Liu u An in Market Data Ielowl 3536 Gaspe/Car Por1667 Sq. Ft. 0 1 12.00 X8,0044 Camrlent on functional and economic obsolescence: site Improvements (drnrawsy,landscaping.etc.) 50,000 Some functional obsolescence was observed in Total Estimated Cost New . . . . . . . . i 315,164 cost to construct pool because not supported Physical Functional Econo is by the narket. Costs for 1 and solar Loss reciation s 10,1641: 5,000 Is - s ( 15,164 heating very con5eriiative. Owners estimate Depreciated value of improvements . . . . . . s 300,000 of landscaping and pm1,5Ua and heat Was ESTIMATED LAND VALUE . . . . • S 250.000 _ $183,000_, tit leushold, mow only leasehold volu.1 INDICATED VALUE BY COST APPROACH . . . 9 550,000 The undersigned Ise recited the"recon sales of properties mot shmhlar and proximate to subject and ha considered these m the market anslysrs. The descrlP' tion iMudea a dotter adjust nanl reflecting market reaction to those items of significant variation betvwen the subject and comparable propert aL If a shgmhcs item in the comparable property is superior to,or more favorable than, the subject property,a minus I.1 adjustment Is made, thus reducing the Ind"ted value I subject:if a significant item in the comparable is interior to,or las favorable than, the subject property,a Plus (H adjustment as male,thus Increasing the Indic ted value of the subject. ITEM Subject Property COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address, 26391 Calle 26341 Calle Roberto 26181 Calle Roberto 31861 Peppertree Be an Juan Capistrano San Juan =istrano, San Juan Canistranic Proximity to Subli. Block West Two Blocks west Mile S SalesPrio 4s 44,000 _ s 575,000 ;,s 75U•0 Pr Liv; , s ; s 135.41 s 145.06 0 185.2 r CPIDC Public Records _ C4X 1 'c Records Public Records ASse Dated$tie and DESCRIPTION DESCRIPTION AdjJsirnenl DESCRIPTION Adnuthment DESCRIPTION Aa1161 Time Adjustment 5/26/84 26 - r • 3/2/83 - rec. :10/20/83 - rec Location Good Good I Good �30od I si4tvilm 3 4 hills ac none +50 000 lac none I- 50 000 1.26 ac is 100 Design and Good Good I Good Qualitio of Cast. Good Good I Good 1 Am 1976 1972 1978 N1049 -20 Condition Good Avera 1+50 000 Good 1-50 Living Area Roam Tout I Berms ' Baths Total B-rms I Baths Total B-rms I Baths 1 —1, anis Count and Total 7 3 3 9 4 . 3 -2,000 9 4 4'k t -2, I -2, Gras LivingArae 3536 .Ft. 3279 s .Ft. +9,000 396-4 � -15 .Ft. -18 Basement Eh sant. I I I Finished Rooms None None None None l Functional Utility Average Average___ _ Avera-ge verage 1 Air Conditioning None lCentral -5,000 None bentral 1 -5 GaragelCor Pat G-2 G-2 G-3 ' -51000 3 -5 Portes,Patio, Pool/spa - Pool/spa --- None +35,000 1/spa Ppple,alt. I Ctt/lnll_ 1,1..ne i I Special Energy 1 SL/1YLYY 11DD14LL1Sr. Efficient Item. Insulated Insulated Insulated Slllated ' -- i that leq.lir& I I 1 JWcs%kitchen I 1 ,quip..remodeling) Double firepl. 2 Fireplaces 2 Fireplaces I Fireplaces Saga or Financing cim exchange i CTNL 1 �oneessiona � � Na AcN.ITOIMI 91 Plus M Minus !s 107,000 F1 Plus Minus hs 331000 Plu • pnminus:s 200, Indicated value $ 551,000 ,s 542,000 550, of Suwon t Comnwntson Mike Data All ccoonn��ables considered w.ith�ri les 1 and 1)2 given the greatest weight use loce�clo Best to subject and closest in sg a_footage. Carps #2 and #3 Old, sales but representative of subject and notnc _ h sales activity in the imediate area in this • _jrice range. Cam ({9 lends gods support. - s 550, • (It appbcablel Economic Market Rent S /Mo.x Gross Rent Multiplier or s N A Thispprsiml is made "as it'❑subject to the repairs.Alterations.or conditions listed below ❑completion psi plans and specifications. Comments and Conditions of APPreiel: Appraised "as is" oond.ttion. There are sales in the immediate area ranging hien 3 ,153-00� $1,000,000. One block west of subject (26141 Calle Roberto) is listed for $1,200,000. It is one acre ( 500 square feet, 5 bed, 6�ba) with pool/spat acapulco bar, and tennis coot Final Reconeilisdge:_ Market Data Approach was given the greatest emphasis because most nearly represents the thinking of buyers and sellers in the current marketplace. constrsretlon Wrrenq ❑Ya ® No Name of Warranty Program Warranty Covrafje Expires This pprejul is based upon the above requirements,the crlihcation.contingent and limiting conditions,and Market Value definition that we stated in C3FHLMC Form 4319(Rev. 10/781/FNMA Form 10048 (Rev. 10/781 filed with Client 19_ ® attached. I ESTIMATE TME FIKET VALUE. AS DEFINED, OF SUBJECT PROPERTY AS OF May 26, 1p8_ to be s 550,000 Review Accouter lit moolocoloolsol . ```,� cnur'at DaAelson Appraisal Serves 5/26/84 COMPARABLE NO.4 26302 Calle Roberto San Juan Capistrano Block West .s 570,000 11159.27 C3YDC 1 DESCRIPTION Aoltlatinant 3/84-in escrom Good I ac none + 50 00 Good Good 1971 very Good 50100 Total : 6-,ms: Batns r 1,00C 10 5 ' 4 � 4,00 3579 Sq.FI. 1,50C I None ' Average —' Central 5,00 G-3 _._ r _5 00 Pool/none 4 5,00 1 Insulated 2 Fireplaces t i ❑Plus; ®Mi,wa 11 50 s 558,50 MULLER Nelson COMPARABLE COMPARABLE is C• P SKETCH ADDENDUM Borrower/ClientMUM Prootty Awmss 26391 Calle Roberto city_ San Juan Capistrano County range State Zip Cads Lender Ccmcal Mortaaae 77-77 . . , ♦ • • • r h ---I---•{.. __. _. �t►S�.B:t . . . . . . . . . Bra-b 'ru%. j . . : : . . i - ) . . , . . . . 1 . . j . _.. j . . . . C�AiCAlic . . . . . til t . . : i . . . . DEFINITION OF MARKET VALUE.: The highest price set terms of money which a property will bring in a competitive and open market under all condition, requisite rt a fair Sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stunulu+. Implicit ser this definition is the consummation of a sale as of a specified date and the passing of title from seller w buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised,and each acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure set the open market;141 payment IS made in cash or its equivalent; (5) financtng, if any,ison terms generally available in the community at the specified date and typical for the property type in its locale;(6)the price represents a normal consideration fur the property sold uoattected by special financing amounts and/or terms, services, fees, costs,or credits incurred in file transaction.V'Real I,siaic• Appraisal Terminology," published 1975.) CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS CERTIFICATION: The Appraiser certifies and agrees that: 1. The Appraiser has no present or contemplated future interest in the properly appraised;and neither the employment to make the appraisal,nor the compensation for it, is contingent upon the appraised value of the property. 2. The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the partici. pants to the sale.The"Estimate of Market Value" in the appraisal report is not based in whole or in part upon the race,color, or national origin of the prospective owners or occupants of the property appraised, or upon the race,color or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. 3. The Appraiser has personally inspected the property, both inside and out, and has made an exterior inspection of all comparable sales listed in the report. To the best of the Appraiser's knowledge and belief,all statements and information in this report are true and correct, and lite Appratsen has not koowmgly withheld any significant information. 4. All contingent and limiting conditions are contained harem (imposed by the terms of the assignment or by the under- signed affecting the analyses,opinions, and conclusions contained.in the report). 5. This appraisal report has been made in cunformity wish and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. 6. All conclusions and opinions cuncerrung the real estate that are set forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report, unless indicated as"Review Appraiser."No change of any item in the appraisal report shall be made by anyone other than the Appraiser, and lite Appraiser shall have no responsibility for any such unauthorized change. CONTINGENT AND LIMITING CONDITIONS: The certification of the Appraiser appearing in the appraisal report is subject to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser in the report. 1. The Appraiser assumes no fesponsibibly for matters of a legal nature affecting the property appraised or the title there- to, nor does the Appraiser render any opinion as to tire title, which is assumed to be good and marketable.The property is appraised as though under responsible ownership. 2. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the plop. erty.The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony ur appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefor. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization. The separate valuations for land and budding must riot be used in conjunction with any other appraisal and are invalid if so used. S. The Appraiser assumes that tittle are no hidden or unapparent conditions of the property,subsoil,or structures,which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions,or for engineering w gch might be required to discover such factors. 6. Information,estimates,and opinions furnished to lite Appraiser,and contained in the report,were obtained from sources considered reliable and believers to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. 8. Neither all, nor any part of the content of the report, or copy thereof(including conclusions as to the property value, the identity of the Appraiser, professional designations, reference set any professional appraisal organizations, or the firm with which the Appraiser is connected),shall be used for any purposes by anyone but the client specified in the report,the borrower if appraisal fee paid by same, the murtgagce or its successors and assigns,mortgage insurers, consultants, professional appraisal organizations, any state or federally approved financial institution, any department,agency,or instrumentality of the United States or any state or the District of Columbia,willwut the previous written consent of the Appraiser;nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the Appraiser. 9. On all appraisals, subject to satisfactory completion, repairs, or alterations, the appraisal report and value conclusion are contingent upon completion of the unproventents in a wurkmankke manner. J a 26 8 /, E �`EOd� . . Date:. . . .MX. . .+. 194. . . . . . . . Appraiserls) . . . . . . . . . . . . . . . . . . . . . . Borrower 71' Property Address 26391 Calle Robetto San Juan Capistmam, CA. 4 i House Front *86 v i• r .•...AIN✓ }� !• .. ` m r • .r w� 1IIIInu.d ^y�y��� I I. .+1 r FAA' h. y' . • .9 4 1 !r, •. A � TRACT zJ +•, 5 1s •� � Q 12 Il 'SLOPE m i ¢° �i O 11 9 �. + •• zs a � le • �/ 1 r y t o �. 1 i O S YJ d' I 1 f O.l 17 1 O 10 " _ s fA h O M. • 1 O i � 1 If NC?AIN tsY se zf zs O W o y le � 4 ' W O O O O ,. , CLCL •Y •\ eEp70 p0 19 1 i Ei . M' UN ..+• • .. O ^� J 't •' • Q Z O "• r 20 Z l . J < ' S O f � � fi •.•'1 is .... Q ) f e 9 ' 29 (1 -..� •... ANO .. •I� ail I �• , .,. VIA 3 ,• f,Y• r•M es ;;ll "ARC N /969 /N NO .6/63 b' 1+ � .'dJ�,!? d:? :/ (2D� lo NO 6/09 - � � � ate„ • � I, MEMBERS OF THE CITY COUNCIL JERRY HARRIS NL KENNETH E FRIESS '�t(Oet010 GARY L HAUS DORFER a ISI JONESGIL 76 I9BI JJEFF 7VASQUEZ IT6 •/'� • CITY MANAGER STEPHEN B JULIAN November 13, 1992 Ms. Nancy Reilly, Escrow Officer Pacific Communities Escrow, Inc. 12 Mauchly, Building L Irvine, CA 92718 Re: Escrow No. 4466NR Tract 6169, Lot 20 (26391 Calle Roberto) Dear Ms. Reilly: Enclosed please find the executed Subordination Agreement for your use. It should be noted that there is a discrepancy between the recordation Book 11224" on the agreement and the other documents which refer to 11244". Very truly yours, Theodore G. Simon City Engineer TGS:ssg enclosure 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 • (714) 493-1171 RROORDINm RROURSTRD BY First Am. Title Ins. Co. Order No. 922649 MD"M aaesaaao W W F Pacific Communities Escrow,Ind as. Esciow.#4466 NR Never 12 Mauchly, Building L aha L Irvine, CA. 92718 J a,we worst ABOVE TNM UNc MR Rf=abh RG waR SA-7A SUBORDINATION AGREEM9IT "TICS, TONS fRAORDINATRTN AGRIUMUNr ROM75 IN YOUR SECURITY Vrr=RRT IN TNR PROFBTY 111CONING SUURCr TO AND NS LOWRR PRIORITY THAN TIME LAN OP SOME OTHER OR IATA SRCURg1Y THIS AORBEYENT,made this 3rd day of November —1992 by Stephen J. Muller and Diane Muller center of Me had hndoeOer described and bmmave reduced Is a'Owaa;and The City of San Juan Capistrano fashion answer tad bldg ad On dead of vuR ad ansa dost hmdeeRer dateibed ad Mauehe rsels, in a"Bmdeiery"; WfMB9SM THAT WHEREAS, Stephen J. Muller and Diane Marie Muller did=e a dead of beat.dtstA November 21. 1983 o in First American Title Insurance Company u rnmee.covering: Lot 20 in Tract No. 6169 as shown on a Map tbereof recorded in Book 224, Pages 19, 20 and 21 of Miscellaneous Maps, records of Orange County, California; (comonly known as 26391 Calle Roberto, San Juan Capistrano, CA. 92675) PERFORMANCE DEED November 21, 1983 Thee�CityoofthSan Juan Ca istrano, A General Law City dead is favor ad at ttrm ver records February 15, 19 4 Californiatrumen[ No. — 5 oBma1 7.=.f acid ommdy; and WHEREAS,DaRver has emended.or u abtM m nations.a dead of trust and mare in the wen of S 460,000.00 dated in favored The Hammond Company. The Mortgage Bankers badnatw related to a "Lender: Payable with imnrce t and ulna the lama and conditions described thastb,which deed of trust u to be reaaaad coacuamdy herewith: and WHEREAS,it is a cundltioe preeedmt to obLowne:said been that aid dead of loss Wt above rebounded shall unconditiooe,ly be and remain at W Limp a lira or charge spm the land hereiobefom described, prim and superior an the Bm or Charge of We dad of host AM above recommend; and WHEREAS Leader is willies in mate mid ban Provided the dead of trim securing the same u •lima or chane upon the abate dmalbd property prier and mpCwr in the Bea or shade of the dead of Wet fro above mentioned ad por ded that Beneficiary will specifically Bad unconditionally subordinate the Ben a chase of the deed of trust lint above mentioned to We Jim or charge of aha dead of vast in favor of Leader,and WHEREAS,it is to the crowd benefit of the parties honest that Leader nuke such loan in Owner: and Beneficiary is wilRod thin the dead of trent neurals the same Nall,when recordist,caostiiute a Bre Of chute-Iran said law which h uwaindulactlly prior aw superior to the U.or charp of the dead of soil firs above mentioned. p' NOW.THEREFORE.in consideration of We mutual benefite acct-lag in the parties batch,and other valuable comide ewm \� the manila ad amfieienlY of which consideration Y hereby aetaowldded.and in order to indoor Leader N mase the Into above referred m.B is hereby declared.uvderstod and aQad u tallows: (1) That said dad of Ws securing mid mate is favor of leader,and my oriental,or mumniom thereof.$tial tmmdi• woolly be ad retain a all times a Ben or charge an the MPMY therein described,prior and superior to the lima w Charge of than dead of trop Post above —'=ad. (2) The,Leader would not make its bre above described without this subordination .pea ssaL (y) Thr this agowwit Wal he the whole and only aIgnsonent with regard to the subordination of We lien or charge of the deed of ante And above mentioned to the lien or charge of the died of trust in favor of Leder above raerred to And Nal supernde ad mecel, his only insofar as would affect the priority between the dads of vest herebbefort speeill"llY described.my prior ase is as on such subordination,incldins,his ria limit#to,those provubm,if my.contained in the dew of true first above mentioned,which provide fa the subordination of We lien or charge thereof to ancestor deed or dads of trust or in another tr gAve or e onsagea Sr grnRDly eTON ser,-cnrn OFFO OF rar'cy TO DFFD OF TRUe TO RECORD. Beneficiary drhoss, slaves ad arkeawledgr User (1) He oomaeUc as and apProWa (i) W Prrmom of Use pore sed dead of crust in favor of Leader above referred to. and 00 W apsemees, irrlWiug but oat Nauta b anY has On aacww apseaRars, between Owner and {ceder for the dsbarsemept of the Proem"of Leeders bad: (b) I�in mahieg disbursements pursuant to any such a{rternem in under on obligation r duty to nor has Lader represented that it will, was w dar appliorioo of such plasmas by the Peron or Pawns to when Lander disburm such praeeeh was any APPiiuNw or w of such Promote for purposes other than than provided for in such agreement or agrsealenu ssaB not defeat da wbordioatiae Mein made b whole or in per; (c) He intensionally wed uPco"tim ly w'aiwF relinquishers and subodinrr she life or charge of the dad of trust AM Photo amounted in favor of the lien or Charge upon said land of we used of units in favor of Leader.bow referred to and uedesueda that b reliance upon•and in consideration of.this waiver,relinquishment and subordination specific lonm and advances are being and wlB be made and, an put and parcel therenf. specific monetary and other obligations oR being and will be catered into which would not be nth or encored into but for said mlia— upon this waiver,relinquishment and subordination: and (d) As erdoraemmt bot bre placed upon Uhf note reured by the deed of Oust fust above mwtioned that aid deed of trust has by this inrrrument bem subordinated to the lieu or charge of the dead of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLI. GATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. CITY OF SAN JUAN CAPISTRANO BY: AZOIuy (p/ Sim• %dEOlb?E G S)MON ('/TY EAf61AII'M Stephen J. Muller Beneficiary Owner Diane Mull-* (ALL SIGNATURES MUST BE ACENOWLEDGEDI STATE OF CALIFORNIA 1 85. S; COUNTY OF etre me L (Nomry Name nntl Title) On Pei ,llO'�YLI -riven nr� � m y p arepersonal) a Ixtawthistm , O )In be the person(dl whose name)(#) E the same in hlaltra00 ur personally known to me( to fres this haleMigtey arocletl n or the entity upon wine subscribed m the y0m roVumwnt and wknuvle��d9ed r�f aulhorizetl hick the Wats and Chet by hlslh-AIMp'ww'^MWO on me lnstrvrrrent tad Gere° lar � beneif l which the pprspnlpfecled,executed the instrument. OFFICIAL SEAL x (-HERYI A.JOHNSON WITNESS my hand and official seal. NOTARY PUBLIC•CALIFORNIA .�� OPoV30E CW„TY BY ramm expire DEC 13.1993 Signature (Nmaial$erol) ' STATE OF CALIFORNIA ` COUNTY OF l SS. On J be me, m` (NotaryName and TiUe) c pusonallY appeared (7 JE PursonallY known to me or( proved to me on thebasis of satisfactory evidence)to be theWere subacrlbetl m the within tnabumere and ist, . Pereon(s)whose name(s) authorized cepacity(les),antl that Ped m R1B that he/she/tiny executed the rent in hie/hNiheir hY executed dthe instrument, on the Instrument the person(s),or the entity upon behalf of which the Person a)ectad,executed the inurumem. WITNESS my hand and official seal. Signature IT S RECT/MMcnYcu ....._,_ (Natural Seal) RENT,THE PARTIES CONSULT WITH THEIR ATTUeNX.. ...... ..—__ (CLIA SUBORDINATION FORMA") I i • Pacific Communities Escrow, Inc. 12 Mauchly, Building L Irvine, CA 92718 (714 ) 753-0650 FAX (714 ) 753-0655 CITY OF SAN JUAN CAPISTRANO November 3, 1992 32400 PASEO ADELANTO Escrow # : 4466NR SAN JUAN CAPISTRANO,CA.92675 Loan # : 400-21005241 BORROWER: Stephen J. Muller and ATTN: CITY ENGINEER Diane Muller Property: 26391 Calle Roberto San Juan Capistrano, CA 92675 Gentlemen: An escrow has been opened in this office wherein you are listed as the holder of the note and deed of trust covering property legally described as Lot 20, of Tract 6169, as shown by map on file in Book 244 , Page(s) 19 to 21, Miscellaneous Maps, Records of Orange County, California Mr. and Mrs. Muller are effecting a REFINANCE of the institutional loan on their property. Since you had previously subordinated to new financing WE ENCLOSE A SUBORDINATION AGREEMENT FOR YOU TO SIGN, HAVE NOTARIZED AND RETURN. Please call if you have questions or need further information. For your file we enclose a certified copy of the Escrow Instructions and a copy of the Preliminary Title Report. Thank you for assisting us to comply with our escrow instructions. Very truly yours, PA FIC UNITIES ES W;NC. Nancy Billy, C.S.E.O. , Escrow Officer 03cific Communities Escrow,*. 12 Mauchly, Building L ' Irvine, CA 92718 (714) 753-0650 FAX (714 ) 753-0655 Loan Escrow Instructions Escrow No. : 4466NR Nancy Reilly, C.S.E.O., Escrow officer September 14, 1992 on or before OCTOBER 14, 1992, Borrower will cause you to be handed the net proceeds of a new FIRST conventional trust deed loan in the principal amount of $460,000.00 (FOUR HUNDRED SIXTY THOUSAND AND 00/100) and any additional funds and instruments required by you which will enable you to comply with the instructions herein. In addition, you are to procure an ALTA Loan standard coverage Form policy of Title Insurance from FIRST AMERICAN TITLE INSURANCE COMPANY containing their standard exceptions and provisions. This title policy is to have liability for the amount of the DEED OF TRUST being created herein on the real property in the County of ORANGE, State of California, described as follows: Lot 20, of Tract 6169, as shown by map on file in Book 244, Page(s) 19 to 21, Miscellaneous Maps, Records of orange County, California COMMONLY KNOWN AS: 26391 Calle Roberto San Juan Capistrano, CA 92675 The title policy is to show the title to the property to be vested: STEPHEN J. MULLER and DIANE MULLER, husband and wife, as joint tenants The policy is to be free of encumbrances except as follows: (A) General and Special Taxes and Special District Levies not due or delinquent. (B) covenants, conditions, reservations (including exceptions of oil, gas, minerals, hydrocarbons, and/or lease without right of surface entry), restrictions, rights of way, and easements for public utilities, districts, water companies, alleys, and streets. (C) First Trust Deed to file, executed by the borrowers, to secure one Note in the exact amount of $460,000.00, in favor of The Hammond Company, The Mortgage Bankers, or order, prepared on the lender's usual form and dated during escrow, bearing interest at the rate and terms required by the lender. The consummation of this escrow is contingent upon the borrower obtaining and qualifying for this new Conventional loan in the amount of $460,000.00. Borrowers' signatures on the lender's loan documents shall be deemed to be approval of all terms and conditions contained therein and shall release this contingency. Borrower is aware that the lender will not be executing these instructions and that the lender will be depositing additional instructions into this escrow. Borrower instructs escrow holder to comply with the lender's instructions so that this trust deed may be filed. Borrower is to pay all charges incurred in connection with the consummation of this escrow, including, but not limited to: the loan origination fee, all recording fees, escrow fees, title policy fees, and any other charges contained in the lender's loan instructions. Borrower instructs escrow holder to pay these charges on the Borrower's behalf without further approval required, based upon Borrower's signature(s) on final loan documents. GERIIFIEO TO RE A TRUE A`ID 0^ E;._L'T f,uPY OF THE 5Y._ *** SEE ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF *** RACE PARTY SIGNING TMASR INSTRUCTIONS HAS REM THE ADDITIONAL ESCROW COYDITIOYS Alm IMMWCTIOYs Alm GHmtatAL PROVISIoms ATTACHED HMNETO AMD MME A PAST MUM AND AMY ATTACHED PAGMD AND APPROVRs, ACCBp'TG, Alm Sa=s To as aomm TsmaMSY AS THOUGH THE ATTACmm PR AGES APPEARED OVETHRIW SIGMAI9RES. THE PARTIES HURSTO ALSO ACOIOYL®mt SAVING RMCEIVED A COPY or THESH INSl'RDCTIOWS. The foregoing terms, provision, conditions and instructions, and those attached hereto are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for an my part to cause title to be shown as above, which you are authorized to deliver when you hold or have caused to be applied funds set forth above within the time as above provided. Pay your escrow chargee, my recording fees, chargee for evidence of title as called for whether or not this escrow in consummated, except those lender agreed to pay. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties, if any, without my further approval, to show title as called for. BORROWER'S SIGNATURES: Stephen J. Muller Diane Muller • • •Page 2 Escrow No. : 4466NR September 14, 1992 (Instructions continued from previous page) Borrower shall provide fire (and flood, if required) insurance as required by the lender. Escrow holder is authorized to deduct the cost for the premium from the proceeds herein or to pay any costs associated with any change in coverage. Borrower instructs escrow holder to place title to the property in the condition called for herein by paying demands of the holders of encumbrances of record without further approval required. Stephen J. Muller Diane Muller • VERIFY THE ACCEPTI6OF THE ASSIGNMENT OF THE POLICY BY THE ISSUING COMPANY. 9. You are not to be held responsible in any way whatsoever 12 Mauchly Building L for any personal property tax which may be assessed against any former or present owner of the subject property described ✓ Irvine, California 92718 in these escrow instructions, nor for the corporation or CQ//p/4yy�yy�w11t1es 714/753-0650 license tax of any corporation as a former or present owner. Escrow10, In the event it may be necessary, proper or convenient Nconmeuro for the consom.ation of this escrow, you are authorized to deposit or have deposited funds or documents, or both, handed ADDITIONAL ESCROW INSTRUCTIONS S CONDITIONS subescaosw agent,e5including[abut not limited dto, any authorized banB trust company, title insurance company, title company, 1. You are authorized and directed to deposit any and all savings and loan association, building and loan association funds placed in this escrow by any patty hereto with any or licensed escrow agent, subject to your order at or prior state or national bank, savings bank, or savings and loan to close of escrow pursuant to closing this escrow. Any such association in a trust account in the name of escrow holder, deposit shall be deemed a deposit in accordance with the without any liability for interest, to be withdrawn by you meaning of these escrow instructions. and disbursed in accordance with the instructions of the parties. Any and all deposits made by personal check are 11. The parties to this escrow have satisfied themselves subject to clearance and payment by bank on which drawn. All outside of escrow that the transaction covered by this escrow disbursements to be made by check of escrow holder on said is not in violation of the Subdivision Map Act or any law trust account. You nor any of your employees will identify regulating land division, zoning ordinances or building any payee or guarantee signatures of any person or entity at restrictions which may affect or pertain to the land or any bank or financial institution. For purposes of these improvements that are the subject of this escrow and you, as instructions, funds deposited into escrow in the form of a escrow holder, are relieved of all responsibility and/or check, draft, or similar instrument are deemed deposited when liability in connection therewith and are not to be concerned the collectibility of the funds has been confirmed and they with the enforcement of said laws, restrictions, ordinances are available for disbursement. or regulations. 2. Your duty to act as escrow holder does not commence until 12. In the event any Offer to Purchase, Deposit Receipt, or mutual escrow instructions signed by all parties are received any other form of Purchase Agreement or amendment or supple- by you, until such time either party may unilaterally revoke ment thereto (collectively "Purchase Agreement") is deposited these instructions and upon written request delivered to you, in this escrow it is understood that such document shall be the party may withdraw any funds, instruments, documents or effective only as between the parties signing said document. items previously handed to you by such party. You, as escrow holder, are not to be concerned with the terms of such Purchase Agreement and are relieved of all respon- 3. All prorations and adjustments are to be made on the sibility and/or liability for the enforcement of such terms basis of a thirty (30) day month unless otherwise instructed with your only duty being to comply with the instructions set in writing by all parties. For proration purposes, the Buyer forth in this escrow. You are not responsible for knowing or will have ownership of the real property which is the subject interpreting any provisions of any Purchase Agreement on of this escrow for the entire day, regardless of the hour of which these instructions may be based and you shall not rely recording. The "close of escrow" with reference to said on any knowledge or understanding you may have of any such prorations and adjustments and for all purposes of this Purchase Agreement in ascertaining or performing your duties escrow shall be the day the instruments of conveyance called as escrow holder. In connection with any loan transaction, for herein are recorded or filed with the county recorder. you are authorized to deliver a copy of any such Purchase Agreement, supplement or amendment thereto and a copy of all 4. Any funds disbursed during or upon close of escrow will escrow instructions, supplements or amendments thereto to the be issued jointly to the parties designated as payees unless Lender. you are instructed otherwise in writing by all designated payees. All disbursements of funds and/or delivery of other 13. You are not to be concerned with the giving of any documents or instruments concerning this escrow will be disclosures required by federal or state law, including, but mailed to the parties entitled thereto by regular first-class not limited to, RESPA ("Real Estate Settlement Procedures mail, postage prepaid, to their respective addresses shown on Act"), Regulation Z ("Truth-In-Lending Disclosures") FIRPTA file herein. However, at your discretion, you may send funds ("Foreign Investment Real Property Tax Act"), or other and/or other instruments or documents certified or registered warnings, or any other warranties, express or implied. mail, federal express, by messenger or facsimile machine, in which case the party for whom the delivery was made agrees to 14. You are authorized to deliver copies of all escrow pay the costs of same. The provisions of this paragraph instructions, supplements and amendments thereto, estimated include, but are not limited to, request for demand state- and final closing statements, preliminary title reports, and menta, request for beneficiary statements, request for notices of cancellation, if any, to the real estate homeowners' association statements or any other requests as broker(.), real estate sales agent(s), lender(s), lenders you may deem necessary for the timely closing of this escrow. agent(s) and/or attorney(s) for the parties, upon their oral You are to instruct the county recorder to mail recorded or written request and you shall not incur any liability in documents to the parties entitled thereto at their respective doing so to any party. addressee. You are to instruct the title company to mail the title policy(s) to the lenders) or buyer(.) as appropriate. 15. You shall make no physical inspection of the real and/or personal property described in any instrument deposited in 5. You are to immediately open an order with the title this escrow or which is the subject of this escrow and you company and request a preliminary title report concerning the make no representations and/or warranties concerning any such .object property, regardless of the consummation of this real and/or personal property and are not to be concerned escrow. with nor liable for the condition of same. 6. In addition to other costa and charges set forth in the 16. The parties herein authorize the recordation of any within escrow instructions, Seller agrees t0 pay on demand, instrument delivered through this escrow if necessary or whether or not the escrow closes, any and all charges proper for the issuance of the policy Of title insurance incurred by you on Seller's behalf, including, but not called for or to effect the closing of this escrow. Funds, limited to, charges for owners policy of title insurance, instructions or instruments received in this escrow may be beneficiary statements and/or demands, offset statements, delivered to, or deposited with any title insurance company documentary transfer tax .tamps, preparation of, notarizing or title company for the purpose of complying with the terms and recording of documents necessary in Seller's behalf, and conditions of this escrow. one-half (�) of sub-escrow fee, Seller's escrow fee and other costs as charged. In addition to the other costs and charges 17. You are authorized to deduct from sellers net proceeds set forth in the within escrow instructions, Buyer agrees to or buyers net proceeds any amount which Seller or Buyer, as pay on demand, whether or not this escrow closes, any and all the case may be, may owe you in any other matter or trans- expenses and charges incurred by you on Buyer's behalf, action. You are authorized to charge and the parties agree including, but not limited to, recording deed, preparation to pay additional escrow fees for extraordinary services not of, notarizing and recording trust deed and other documents within the range of customary escrow processing. on Buyer's behalf, new loan charges, existing loan assumption transfer fees, one-half (8) sub-escrow fees, ALTA policy of 18. You are to use your usual instrument forms (i.e. notes, title insurance, fire insurance premiums, homeowners' asso- deeds, deeds of trust and the like) or the usual forms of any ciation transfer fee, Buyer's escrow fee and other costs as title insurance company or title company and insert dates and charged, terms on instruments if executed incomplete in such particu- lars, provided the insertions comply with the instructions 7. You shall not be responsible in any way whatsoever for contained in the within escrow instructions. the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in this 19. In the event the date by which buyers or sellers perfor- escrow, nor as to the identity, authority, or right of any mantes axe due herein shall be other than a regular business person executing the same, either as to documents of record day of escrow holder, such performances shall be due on your or those handled in this escrow. Nor shall you be responsi- next succeeding business day. ble in any way whatsoever for the failure of any party to comply with any of the provisions of any agreement, contract 20. You shall conduct no lien or title search of chattels or or other instrument filed or deposited in the within escrow personal property in connection with the sale or transfer of or referred to in the within escrow instructions. Your any personal property through this escrow. duties hereunder shall be limited to the safekeeping of such money and documents received by you as escrow holder and for 21. You shall not be responsible in any way whatsoever nor the disposition of the same in accordance with the written are you to be concerned with any question of usury in any instructions accepted by you in this escrow. You shall not loan or encumbrance, whether new or of record, which may be required to take any action in connection with the col- arise during the processing of this escrow. lection, maturity, or apparent outlaw of any obligations deposited in this escrow unless otherwise instructed in 22. The parties hereto agree to deliver to you all docu- writing. menta, instrument., escrow instructions and funds required to process and close this escrow in accordance with these S. Where the assignment of any insurance policy from Seller instructions. to Buyer is concerned, Seller guarantees, and you shall be fully protected in assuming, that as to any insurance policy 23. You are instructed to clear title to the subject real handed you in this escrow, that each policy is in force, has property pursuant the beneficiary demands and/or beneficiary not been hypothecated and that all necessary premiums there- statements delivered to you by the existing lienholders and for have been paid. You are authorized to execute on behalf you are not responsible for the correctness of same. You are of the parties hereto assignments of interest in any insur- not required to submit any such beneficiary statement and/or ante Policy (other than title insurance policies) called for beneficiary demand to the parties for approval prior to the in this escrowr transmit for assignment any insurance policy close of escrow unless expressly instructed to do so in to the insurance agent requesting that the insurer consent to writing. such assignment and that it attach a loss payee clause or such other endorsements as may be required and to forward 24. You are not to be responsible in any way whatsoever nor such policy to the lender(&) and party(s) entitled thereto. to be concerned with the terms of any new loan or the content You shall not be responsible for verifying the acceptance of of any loan documents obtained by buyer or .eller in con- the request for assignment and policy of insurance by the nection with the within escrow except to order such loan insurance company. The parties mutually agree that you will documents into the escrow file and to transmit the same to make no attempt to verify the receipt of the request for Buyer for execution and transmit the executed loan documents assignment by the issuing insurance company. The parties to lender. The parties hereto understand and agree that you hereto are hereby placed on notice that if the insurance are not involved nor concerned with the processing of any company should fail to receive said assignment, the issuing loan and cannot advise or give an opinion regarding the company may deny coverage for any lose suffered by Buyer. IT processing of any loan or the loan documents in connection IS THE OBLIGATION OF THE INSURED OR HIS REPRESENTATIVE TO therewith. ME94W 25. You shall not be responsible in any way whatsoever and parties, to secure policies of title insurance, or-to other- you are released from and shall have no liability, obligation wise carry out the terms of their instructions and dlose this or responsibility with respect to withholding of funds escrow. In the event conflicting demands or notices are made pursuant to Section 1445 of the Internal Revenue Code of or served upon you or any controversy arises between the 1954, as amended, advising the parties as to the requirements parties hereto or with any third person arising out of or of said section, determining whether the transferor is a relating to this escrow, you shall have the absolute right to foreign person under such section, nor obtaining a non- withhold and stop all further proceedings in, and in perfor- foreign affidavit or exemption from withholding under such mance of, this escrow until you receive written notification section or otherwise making any inquiry concerning compliance satisfactory to you of the settlement of the controversy by with such section by any party to this transaction. written agreement of the parties thereto, or by the final order or judgment of a court of competent jurisdiction. All 26. The parties hereto expressly indemnify and hold you of the parties to this escrow hereby, jointly and severally, harmless against third-party claims for any fees, costs or promise to pay promptly on demand, as well as to indemnify expenses where you have acted in good faith, with reasonable you and to hold you harmless from and against all litigation care and prudence and/or in compliance with the within escrow and interpleader costs, damages, judgments, attorneys fees, instructions, expenses, obligations and liabilities of every kind which in good faith you may incur or suffer in connection with or 27. The parties hereto agree that insofar as your respon- arising out of this escrow, whether said litigation, inter- sibilities and liabilities are concerned, this transaction is pleader, obligation, liabilities or expenses arise during the an escrow and does not create any other legal relationship performance of this escrow or subsequent thereto, directly or except that of an escrow holder upon the term and condition indirectly, and whether at trial or on appeal. You are expressly set forth herein. You shall have no duty or hereby given a lien upon all the rights, titles and interests responsibility of notifying any of the parties to this escrow of every party hereto and all escrow papers and other proper- of any sale, resale, loan, exchange or other transaction ty and monies deposited into this escrow to protect your involving any real or personal property described herein. rights and to indemnify and reimburse you. In the event of Further, you shall have no responsibility or duty to disclose failure to pay fees or expenses due you hereunder or for any profit realized by any person, firm or corporation coats and attorneys fees incurred in any litigation or including, but not limited to, any real estate broker, real interpleader, on demand, we agree to pay a reasonable fee for estate sales agent and/or a party to any other escrow, in any attorney services which may be required to collect such connection therewith, regardless of the fact that such other fees or expenses, whether such attorneys fees are incurred transaction may be handled by you in this escrow or in prior to trial, at trial, or on appeal. another escrow transaction. If, however, you are instructed in writing to disclose any sale, resale, loan, exchange or 31. ALL NOTICES, DEMANDS AND INSTRUCTIONS MUST BE IN other transaction involving any real or personal property WRITING. No notice, demand, instruction, amendment, supple- described herein or any profit realized by any person, firm ment or modification of these instructions shall be of any or corporation as set forth herein to any party to this effect in this escrow until delivered in writing to you and escrow, you shall do so without incurring any liability to mutually executed by all parties affected thereby. Any any party. You shall not be liable for any of your acts or purported oral instruction, amendment, supplement, modifica- omissions done in good faith nor for any claims, demands, tion, notice or demand deposited with you by the parties or losses or damages made, claims or suffered by any party to either of them shall be ineffective or invalid. You are to this escrow, excepting such as may arise through or be caused be concerned only with the directives expressly set forth in by your willful neglect or gross misconduct. the escrow instructions, supplements and amendments thereto, and are not to be concerned with nor liable for it... desig- 28. Notwithstanding any other provisions contained herein nated as "memorandum items" in the escrow instructions. and in addition to such other fees and costs to which you may be entitledr the parties hereto, jointly and severally, agree 32. These instructions may be executed in counterparts, each that in the event the within escrow is not consummated within of which shall be deemed an original regardless of the date ninety (90) days of the data set for closing herein, you are of its execution and delivery. All such counterparts to- instructed to withhold your escrow holdopen fee of $25.00 per gether shall constitute one and the same document. month from the funds on deposit with you regardless of the depositor. 33. If any check submitted to you is dishonored upon presentment for payment for any reason whatsoever, you are 29. Your agency as escrow holder shall terminate six (6) authorized to notify all parties to the within escrow and/or months following the date set for close of escrow and shall their respective real estate broker(s) and real estate be subject to earlier termination by receipt by you of agent(s) of such event. mutually executed cancellation instructions. In the event that the conditions of this escrow have not been complied 34. You are authorized to accept oral instructions from the with at the expiration provided for herein, you are instruc- parties' real estate broker(.), real estate agent(.), ted to complete the same at the earliest possible date lender(s) or lenders agent(s) concerning the preparation of thereafter, unless we, or either of us have made written escrow instructions, amendments or supplements thereto. demand upon you for the return of the funds and/or instru- However, you are not to act upon any instruction so delivered menta deposited by either of us and/or for cancellation of until you have received the same in writing signed by all this escrow, in which case you may withhold and stop all parties to this escrow. further proceedings in this escrow, without liability for interest on funds held or for damages, until mutual cancella- 35. In these escrow instructions, wherever the context so tion instructions signed by all parties shall have been requires, the masculine gender includes the feminine and/or deposited in this escrow. The parties, jointly and several- neuter and the singular number includes the plural. ly, agree that in the event of cancellation or other termina- tion of this escrow prior to the closing thereof, the parties 36. The parties hereto acknowledge and understand that you, shall pay for any expenses which you have incurred or have as escrow holder, are not authorized to practice the law nor become obligated for pursuant to these instructions, includ- do you give financial advice. Each of the parties is advised ing attorneys fees, if any, and also a reasonable escrow fee to seek legal or financial counsel and advice concerning the for the services contracted by the parties, and such expen- effect of these escrow instructions. Further, the parties ses, if any, and fees shall be paid and deposited in escrow acknowledge that no representations are made by you as to the before any cancellation or other termination is effective. legal sufficiency, legal consequences, financial effects or Buyer and seller agree that said charges for expenses and tax consequences of the within transaction. fees may he apportioned between buyer and seller in a manner which, in your sole discretion, you consider equitable, and 37. You are authorized to destroy or otherwise dispose of that your decision in regard thereto will be binding and any and all documents, papers, instructions, correspondence conclusive upon the parties. Upon receipt of mutual and records or other material constituting this escrow file cancellation instructions or a final order or judgment of a or pertaining to this escrow at any time after five (5) years court of competent jurisdiction, you are then instructed to from the date of close of escrow or cancellation thereof disburse the escrow funds and instruments in accordance with without liability and without further notice to the parties. such instructions, order or judgment and this escrow shall without further notice, be considered terminated and 38. The parties signatures on all escrow instructions and cancelled, instruments pertaining to the within escrow indicates their unconditional acceptance and approval of same and you are 30. The parties shall cooperate with you in carrying out the entitled to rely thereon. instructions they deposit with you and completing this escrow. The parties shall deposit into escrow, upon request, We, jointly and severally, acknowledge receipt of a complete any additional funds, instruments, documents, instructions, copy of the within escrow instructions and by our signatures authorizations, or other items that are reasonably necessary set forth below, acknowledge that we have read and understand to enable you to comply with demands made on you by third and agree to the same in their entirety. Exhibit A to Preliminary Report S A M E R I c ti4 9 4 2 Preliminary Report First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.Proceedings by a public agency which may result in taxes or assessments,or notice of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests of claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines.shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions In patents or in Acts authorizing the Issuance thereof,Of water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the public records. EXCLUSIONS FROM COVERAGE The fallowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of 1, (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land,(it)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part',or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ge Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from social or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters. (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant, (b) not known to the Company,not recorded in the public retards at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (e) resulting in no loss or damage to the Insured claimant; (6) attaching or created subsequent to Date of Policy;or (a) resulting in lass or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability orioles of any subsequent owner of the indebtedness,to comply with the applicable 'doing business'laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6- Any claim,which arises out of the transaction vesting In the insured the estate or interest Insured by their policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditorsrights laws. 2.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 4-6-90) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use orenjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the dale such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the insured claimant,(d)attaching or created subsequent to Date of Policy;or(e)resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970(AMENDED 4.6-90) WITH REGIONAL EXCEPTIONS When the American!and Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set hall in paragraph 2 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following Part One. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any(acts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public recnnds. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to water. 6 Any lien,or right to a lien,for services,labor or material' More or hereafter furnished,imposed by law and not=n, me mil. M= OR-9222649 FIRST AMERICAN TTTZE INSURANCE COMPANY 114 East Fifth Street, (P.O. Bw[ 267) Sants Ma, California 92702 (714) 558-3211 PACIFIC COMMUNITIES ESCROW 12 MAUCHLY, BLDG. L IRVINE, CALIFORNIA 92718 ATTN: NANCY REILLY YOUR NO. 4466-NR IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF SEPTEMBER 10, 1992 AT 7:30 A.M. 0 W . /# .A BY SCOTT W. MC GUIRE - TITLE OFFICER DIRECT TELEPHONE NUMBER - (714) 647-4457 FAX NUMBER - (714) 543-9031 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (EXTENDED COVERAGE) . PAGE 1 OR-9222649 TITLE TO THE ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED 1N: STEPHEN J. MULLER AND DIANE MULLER, HUSBAND AND WIFE, AS JOINT TENANTS. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-1993, A LIEN NOT YET DUE OR PAYABLE. 2 . THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3 .5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3 . AN EASEMENT AS SHOWN ON THE MAP OF SAID TRACT. FOR: SLOPE AND INCIDENTAL PURPOSES . OVER: THE NORTHERLY PORTION OF THE LAND. 4 . THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS : THAT PORTION OF LAND ABUTTING ALIPAZ STREET. 5 . COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK 8631, PAGE 110 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN. INSTRUMENTS DECLARING MODIFICATIONS OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING RESTRICTIONS THEREIN, IF ANY, BASED ON RACE, COLOR, RELIGION•OR NATIONAL ORIGIN, RECORDED IN BOOK 9031, PAGE 187, IN BOOK 10011, PAGE 778, IN BOOK 11468, PAGE 414, AS INSTRUMENT NO. 92-218588 AND AS INSTRUMENT NO. 92-361858, ALL OF OFFICIAL RECORDS. PAGE 2 OR-9222649 6 . THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "AGREEMENT FOR THE CONSTRUCTION OF A SWIMMING POOL IN THE ALIPAZ STREET RIGHT OF WAY" , EXECUTED BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND STEPHEN J. MULLER, RECORDED FEBRUARY 8, 1983 AS INSTRUMENT NO. 83-061522 OF OFFICIAL RECORDS . - 7 . THE EFFECT OF THE COVENANT FROM OLIVE A. EVINGER AND ROBERT K. EVINGER, AS TRUSTEE TO STEPHEN J. MULLER AND DIANE MULLER, AS RECORDED INDEED DECEMBER 14, 1979 IN BOOK 13433 , PAGE 1716, WHICH RECITES AS FOLLOWS : THE GRANTORS, BEING THE OWNERS OF LOTS 21 AND 22 IN TRACT 6169, AS PER MAP RECORDED IN BOOK 244, PAGES 19 TO 221 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, HEREBY COVENANT AND AGREE THAT A RESTRICTION BE PLACED ON SAID LOTS 21 AND 22, THAT THE TREES AND/OR FOLIAGE SHALL NOT EXCEED 19 FEET OF THE GRADE LEVEL OF SAID LOTS 21 AND 22 OF TRACT 6169 . 8 . A DEED OF TRUST FOR THE PURPOSE OF SECURING THE PERFORMANCE AS SET FORTH THEREIN, RECORDED FEBRUARY 15, 1984, AS INSTRUMENT NO. 84-065516 . DATED: NOVEMBER 21, 1983 . TRUSTOR: STEPHEN J. MULLER AND DIANE MARIE MULLER, HUSBAND AND WIFE. TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION. BENEFICIARY: THE CITY OF SAN JUAN CAPISTRANO, A CALIFORNIA GENERAL LAW CITY. NOTE: THE LIEN OR CHARGE OF SAID DEED OF TRUST WAS SUBORDINATED BY AN INSTRUMENT RECORDED JULY 30, 1987 AS INSTRUMENT NO. 87-434031 OF OFFICIAL RECORDS, EXECUTED BY STEPHEN J. MULLER AND DIANE MULLER, HUSBAND AND WIFE, AND THE CITY OF SAN JUAN CAPISTRANO, A CALIFORNIA GENERAL LAW CITY, TO THE LIEN OR CHARGE OF THE DEED OF TRUST WHICH WAS RECORDED JULY 30, 1987 AS INSTRUMENT NO. 87-434032 OF OFFICIAL RECORDS. 9 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $345, 000 . 00, RECORDED JULY 30, 1987 AS INSTRUMENT NO. 87-434032 OF OFFICIAL RECORDS. DATED: JULY 13 , 1987. TRUSTOR: STEPHEN J. MULLER AND DIANE MULLER, HUSBAND AND WIFE. TRUSTEE: T.D. SERVICE COMPANY. BENEFICIARY: CYPRESS FINANCIAL CORPORATION, A CALIFORNIA CORPORATION. PAGE 3 OR-9222649 NOTE: THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST BY MESNE ASSIGNMENTS OF RECORD HAS BEEN ASSIGNED TO FIRST WISCONSIN TRUST COMPANY, AS TRUSTEE. 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $200, 000 . 00, RECORDED JANUARY 10, 1992 AS INSTRUMENT NO. 92-016312 OF OFFICIAL RECORDS. DATED: DECEMBER 1991. TRUSTOR: STEPHEN J. MULLER AND DIANE M. MULLER. TRUSTEE: STEWART TITLE, A CALIFORNIA CORPORATION. BENEFICIARY: OLD STONE BANK, A FEDERAL SAVINGS BANK. 11. THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE THE LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND IN ORDER TO COMPLETE THIS REPORT, WE WILL REQUIRE A STATEMENT OF INFORMATION FROM MULLER, STEPHEN AND MULLER, DIANE. 12 . THIS REPORT IS PREPARATORY TO THE ISSUANCE OF AN ALTA POLICY OF TITLE INSURANCE. WE HAVE NO KNOWLEDGE OF ANY FACT WHICH WOULD PRECLUDE THE ISSUANCE OF SAID ALTA POLICY WITH ENDORSEMENTS 100 AND 116 ATTACHED. THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 26391 CALLE ROBERTO, SAN JUAN CAPISTRANO, CALIFORNIA. 13 . PRIOR TO OUR ISSUANCE OF TITLE INSURANCE UNDER THIS ORDER NUMBER, WE WILL REQUIRE STATEMENTS OF IDENTITY FROM ALL PARTIES . PAGE 4 OR-9222649 DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SAN JUAN CAPISTRANO, AND IS DESCRIBED AS FOLLOWS: LOT 20 IN TRACT NO. 6169, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 224, PAGES 19, 20 AND 21 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. PAGE 5 OR-9222649 N A R N I N G "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP" . DK PLATS (CC&R' S, IF ANY) ENCLOSED. NOTE 1: ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE PROPERTY IN THIS REPORT WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS : NONE. NOTE 2 : TAXES FOR PRORATION FISCAL YEAR 1991-1992, FIRST HALF: $2, 399 .97, PAID. SECOND HALF: $2, 399 .97, PAID. CODE AREA: 23-007 . A. P. NO. : 649-061-16 . THE ABOVE INCLUDES A HOMEOWNER'S TAX EXEMPTION. NOTE 3 : PREMIUM CHARGED FOR TITLE POLICY WILL BE BASE RATE. PAGE 6 OR-9222649 NOTE 4 : WIRING INSTRUCTIONS FOR SUB-ESCROW DEPOSITS ARE AS FOLLOWS : FIRST INTERSTATE BANK ACCOUNT #180721037 1018 NORTH MAIN STREET ABA #122000218 SANTA ANA, CALIFORNIA CREDIT TO FIRST AMERICAN TITLE INSURANCE CO. OR-9222649 TITLE OFFICER - SCOTT W. MC GUIRE DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT CONTACT ESCROW OFFICER FOR WIRING INSTRUCTIONS COPY WITH PLAT (AND CC&R, IF ANY) TO: THE HAMMOND COMPANY 4910 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 ATTN: FELICIA PAGE 7 OR-9222649 NOTICE SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT. IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAY BE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE. IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. f f f f f f f f f f f k f f NOTICE IN ACCORDANCE WITH SECTIONS 18805 AND 26131 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: 1. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REOUIREMENT. THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY-CASE BASIS. THE PARTIES TO THIS TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE 8 TRACT N0. 6169 M.M. 244/ 19-20-21 PC<;PT/,[LV OF PAR!'F!_ p.� .c'F_CCRO CF LiP U"F_Y' f; 3/-3H oe \� /5x ..vu emu. Lsr�".' ,+a. .3c.' '�� `,� '�.�w.� V�118E `✓aB 4 4�.. �`�iE "" i fff� �• 22 � +,s•�. ,�.. .wse r ti•I" �f'�0 J,p1• ,Y 1EM• 5 a \ Y /9 -"'�-K-' y ..a.• .e.. 'a i 1"'8°v t o. 3i3 8 d9 .Ro s [y\d Ilk k:r�.� � _ "yo"s - ,"E M• _< iy,b x^ � _m_�L .�g�c�rc �wf.�iF3^ '� "s„ ,Fa 1:%,1;: �'� .•" M i y'`€�" ,� Q�s,�,.. ` Y^5 @' ,, "�.�.- �. Via^• >..'. �a° y,"�� ^s al ns � _� r • +a � Rti i �J1�F � • \��' S� „� 4:R ,..Rtf�c9.l.,?, v\m!,5�1\ 4 vv\, '3 it 1 ,? �^ j pp .�✓' \ -'.r.�,. .exxx -,v rc;di 319A Lgb�r yy� t.�,� u a9 � --'-----� R�wtT RF_C. :JL'•SL%RVEV 2.3I-38 \ First Atnerican Title Insurance & Trust Company Form 1106 THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE ARICAN LAND TITLE ASSOCIATION LOAN POLICY j& WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 4-6.90) SCHEDULE OF EXCLUSIONS FROM COVERAGE I Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character, dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law oNn ries at governmental regulation. 2. flights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant(b)not known to the Company and not shown by the public records but known to the insured claimant either at Dale of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to The Company prior to the date such insured claimant became an naumd hereunder,(c)resulting in no loss or damage to the insured claimant(d)attaching Or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for sheet improvements under construction or completed at Date of Policy). 4 Unenforceability of the lien of the insured mortgage bemuse of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. 5. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 (AMENDED 4-6.90) WITH REGIONAL EXCEPTIONS When the American land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following. Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof:water rights,claims or title to water. 6. Any use,or right to a this,for services,labor or material theretofore or hereafter furnished,imposed by law and not stwwn by the public records. 6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1990 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land',(it)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters (a) created,suffered assumed or agreed to by the insured claimant, (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy),or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable "doing business"laws of the state in which the land is situated. 5. Invalidity or mentorcealudily of the lien of the Insured mortgage,or claim protect which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising form an improvement or work related tq the land which is contracted for and commenced subsequent to Dale of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the Insured has advanced or is obligated 10 advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws. 7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1990 WITH REGIONAL EXCEPTIONS When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage(and the Company will not pay costs,allorneys'fees or expenses)which arise by reason of. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 8.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY- 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinates,or regulations)restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land,(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a par;or pi environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered assumed or agreed to by the insured claimant, (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy,or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,slate insolvency,or similar creditors rights laws. 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY- 1990 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE 8 This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of. Part One. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1987 EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,casts,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning. • land use • land division • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the laking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking. 3. Title Risks • that are created allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item B of Covered Title Risks 4, Failure to pay value for your title. 5, Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or • in streets,alleys,or waterways that touch v,^land This exclusion does not limit the access coverage in Item overed Title Risks. -