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HomeMy WebLinkAbout2012 CON CDC SA HA - Assignment and Assumption Agreement Relating to Housing ReceivablesRECEIVED AUG 2 2 201,?, Recording Requested by and When Recorded Return to: Successor Agency to the Community Development Commission as the National City Redevelopment Agency Attn: Leslie Deese, Executive Director 1243 National City Boulevard National City, CA 91950 D O C # 2012-0450063 IIIIIII III I III II li IIIII IIII IIIII I II II I IIII II II IIIII III IIII AUG 01, 2012 9:17 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WAYS: 6 16358 DA: 1 PAGES: 35 IIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SPACE ABOVE THIS LINE FOR RECORDER'S USE GOVERNMENT BUSINESS Free Recording Requested (Govt. Code §§ 6103 & 27383) ASSIGNMENT AND ASSUMPTION AGREEMENT RELATING TO HOUSING RECEIVABLES THIS ASSIGNMENT AND ASSUMPTION AGREEMENT RELATING TO HOUSING RECEIVABLES ("Assignment") is made and entered into on this,3/ day of July, 2012 by and between the SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public entity, duly created, validly existing and in good standing under the laws of the State of California, (herein called the "Successor Agency") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, public body, corporate and politic (herein called the "CDC -Housing Authority"). RECITALS A. The City Council of the City of National City established the Redevelopment Agency of the City of National City ("Redevelopment Agency') by Ordinance No. 1164, dated April 11, 1967, pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) ("Redevelopment Law"). B. The City Council of the City has adopted redevelopment plans for National City's redevelopment project areas, and from time to time, the City Council has amended such redevelopment plans. C. The City Council of the City established the Housing Authority of the City of National City ("Housing Authority") by Ordinance No. 1484, dated October 14, 1975. 16359 Assignment and Assumption Agreement Housing Receivables Page 2 D. The City Council of the City established the Community Development Commission of the City of National City ("CDC") by Ordinance No. 1484, dated October 14, 1975, and vested the CDC with all of the powers, duties and responsibilities of both the Redevelopment Agency and the Housing Authority, among other matters, for the purpose of enabling the CDC to operate and govern the Redevelopment Agency and the Housing Authority under a single board and as a single operating entity. The Community Development Commission of the City of National City acting in its capacity as the Redevelopment Agency of the City of National City is referred to herein as the "CDC -RDA", and the Community Development Commission of the City of National City acting in its capacity as the Housing Authority of the City of National City is referred to herein as the "CDC -Housing Authority". E. The CDC -RDA was responsible for the administration of redevelopment activities within the City, including increasing, improving, and preserving the community's supply of low and moderate income housing in accordance with the Redevelopment Law. F. AB X1 26 (2011-2012 1`t Ex. Sess.) ("AB 26") was signed by the Governor of California on June 28, 2011, making certain changes to the Redevelopment Law and the California Health and Safety Code ("Health and Safety Code"), including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85") to Division 24 of the Health and Safety Code. G. Pursuant to AB 26, as modified by the California Supreme Court on December 29, 2011 by its decision in Califbrnia Redevelopment Association v. Matosantos, all California redevelopment agencies, including the CDC -RDA and the Redevelopment Agcncy, were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies. H. Pursuant to AB 26, the City Council of the City of National City adopted Resolution No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the Redevelopment Agency. The Successor Agency is a legal entity that exists separate and independent from the City of National City. The Successor Agency formally named itself the "Successor Agency to the Community Development Commission as the National City Redevelopment Agency". I. Pursuant to AB 26, the City Council of the City of National City adopted Resolution No. 2012-16 on January 10, 2012, designating the Housing Authority as the entity to serve as the successor housing entity ("Successor Housing Entity") upon the dissolution of the Redevelopment Agency and the CDC -RDA, responsible for performing the housing functions previously performed by the Redevelopment Agency and the CDC -RDA, and designating the Housing Authority as the entity to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Redevelopment Agency and the CDC -RDA, upon the dissolution of the Redevelopment Agency under AB 26, and directing the City Manager to take all necessary and appropriate actions to carry out the transfer. 16360 Assignment and Assumption Agreement Housing Receivables Page 3 J. In accordance with AB 26, the Board of Directors of the Housing Authority adopted Resolution No. 2012-01 on January 10, 2012, accepting the designation as the entity that will perform the housing functions previously performed by the Redevelopment Agency and the CDC -RDA, and accepting the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Redevelopment Agency and the CDC -RDA, upon the dissolution of the Redevelopment Agency under AB 26, and directing the Executive Director to take all necessary and appropriate actions to carry out the transfer. K. The CDC -Housing Authority adopted Resolution No. 2012-30 on January 24, 2012, ratifying and confirming the City Council of the City of National City's designation of the Housing Authority to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Redevelopment Agency and the CDC -RDA, upon the dissolution of the Redevelopment Agency under AB 26, while reserving its rights, authority, and powers duly vested in the CDC -Housing Authority. L. On June 19, 2012, the CDC -Housing Authority adopted Resolution No. 2012- 7 and the Successor Agency adopted Resolution No. 2012-15 documenting the transfer of certain housing assets from the Successor Agency to the CDC -Housing Authority as the Successor Housing Entity and directing their respective Executive Directors to take all necessary and appropriate actions to carry out the transfer. M. As part of the FY 2012-2013 State budget package, on June 27, 2012, the Legislature passed and the Governor signed Assembly Bill No. 1484 ("AB 1484", Chapter 26, Statutes 2012). Although the primary purpose of AB 1484 is to make technical and substantive amendments to AB 26 based on issues that have arisen in the implementation of AB 26, AB 1484 imposes additional statutory provisions relating to the activities and obligations of successor agencies and to the wind down process of former redevelopment agencies. N. On February 1, 2012, all assets, properties, contracts, leases, books and records, buildings and equipment of the Redevelopment Agency were transferred by operation of law to the control of the Successor Agency and all authority, rights, powers, duties, and obligations previously vested in the Redevelopment Agency were vested in the Successor Agency, for administration pursuant to Part 1.85 of AB 26, as amended by AB 1484, and housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the Redevelopment Agency were transferred to and vested in the CDC -Housing Authority as the Successor Housing Entity, for administration pursuant to Part 1.85 of AB 26, as amended by AB 1484. O. Section 34177(g) of AB 26, as amended by AB 1484, requires the Successor Agency to effectuate the transfer of the housing functions and assets of the Successor Agency to the Housing Authority. P. In accordance with the actions, authority and direction adopted by the City Council of the City, the Successor Agency, and the CDC -Housing Authority, pursuant to Part 1.85 of AB 26, as amended by AB 1484, and to document the transfer of certain housing assets, the Successor Agency and the CDC -Housing Authority desire to provide, by and through this Assignment, for Assignment and Assumption Agreement Housing Receivables Page 4 16361)C the Successor Agency to assign to the CDC -Housing Authority all of its rights, interest and obligations pertaining to certain low and moderate income housing loans and grants described in Exhibit "A" relating to real property described in Exhibit "B'', and for the CDC -Housing Authority to accept such assignment and assume all rights, interest and obligations thereunder. NOW, THEREFORE, in consideration of the foregoing, of the mutual promises of the parties hereto and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: SECTION 1. ASSIGNMENT AND ASSUMPTION (a) The Successor Agency hereby assigns to the CDC -Housing Authority all of its rights, interest and obligations in and to the promissory notes, deeds of trust, assignments of rents and leases, environmental indemnities and security agreements relating to the low and moderate income housing loans and grants described in the Exhibit "A" ("Schedule of Housing Receivables"), attached hereto and incorporated herein by this reference, relating to the real properties described in Exhibit "B" (`Legal Descriptions"), attached hereto and incorporated herein by this reference, and the CDC -Housing Authority hereby accepts such assignment and assumes performance of all terms, covenants, and conditions on the part of the Successor Agency to be performed, occurring, or arising under the Housing Receivables, from and after the date hereof. (b) This Assignment shall not be deemed to relieve the Successor Agency or any other party from its obligations under the Housing Receivables. SECTION 2. SUCCESSORS AND ASSIGNS This Assignment, together with the agreements, covenants and warranties contained herein, shall inure to the benefit of the CDC -Housing Authority and any subsequent assignee or transferee and shall be binding upon the Successor Agency and any subsequent assign or successor -in -interest, whether by agreement or by operation of law. It is the intent of the parties that this Assignment shall survive a full or partial merger of the Successor Agency and the CDC - Housing Authority and the CDC -Housing Authority shall continue to have all the rights, interests, powers and obligations granted to it by this Assignment. SECTION 3. GOVERNING LAW This Assignment has been entered into, is to be performed entirely within, and shall be governed by and construed in accordance with the laws of the State of California. SECTION 4. FURTHER ASSURANCES Each party hereto covenants and agrees to perform all acts and obligations, and to prepare, execute, and deliver such written agreements, documents. and instruments as may be reasonably necessary to carry out the terms and provisions of this Assignment. 1 Assignment and Assumption Agreement Housing Receivables SECTION 5. SEVERABILITY OF PROVISIONS Page 5 If any term or provision of this Assignment, the deletion of which would not adversely affect the receipt of any material benefit by any party hereunder, shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Assignment shall not be affected thereby and each other term and provision of this Assignment shall be valid and enforceable to the fullest extent permitted by law. SECTION 6. COUNTERPARTS This Assignment may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. The signature pages of one or more counterpart copies may be removed from such counterpart copies and all attached to the same copy of this Assignment, which, with all attached signature pages, shall be deemed to be an original Assignment. SECTION 7. WAIVER/AMENDMENT No breach of any provision hereof may be waived unless in writing. Waiver of any one breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. This Assignment may be amended only by a written agreement executed by the parties. SECTION 8. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of California Government Code section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, cost or expenses that may be incurred by such other party solely by reason of Government Code section 895.2. [Remainder of Page Intentionally Left Blank] 16362 Assignment and Assumption Agreement Housing Receivables SECTION 9. AUTHORITY Page 6 Each party represents that the person executing this Assignment on behalf of said party has the full authority to do so to bind the party to perform pursuant to the terms and conditions herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth opposite their signatures below. "SUCCESSOR AGENCY" SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a California public entity "HOUSING AUTHORITY" COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, a public body, corporate and politic By: c �� '?I?�l 113,By: `%( 1j1 Dated Leslie Deese Executive Director ATTEST: By: APPR By: KANE, BALLMER & BERKMAN By: Kendall D. Berkey Special Counsel Leslie Deese Dated Executive Director ATTEST: Secretary APPROVED AS TO FORM: B v: a itua Silva unsel KANE, BALLMER & BERKMAN By: Kendall D. Berkey Special Counsel 16363 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of San Diego ) On July 31, 2012, before me, Virginia Miller, Notary Public, personally appeared Leslie Deese who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o-) Signatuof Notary Public VIRGINIA MILLER Commission 0 1874998 Notary Public - California San Diego County Comm. Expires Dec 26, 2013 Place Notary Seal Above 16364 EXHIBIT "A" SCHEDULE OF HOUSING RECEIVABLES [Behind This Page] 16365 RESIDUAL RECEIPTS LOANS EVIDENCED BY PROMISSORY NOTES (1) Acquisition and Development Loan in the total amount not to exceed $259,800.00 made by the Community Development Commission of the City of National City to Plaza Manor Preservation, L.P. The Loan is evidenced by a Residual Receipts Promissory Note ("Note") dated December 18`h, 2001 and issued to the Community Development Commission of the City of National City by Plaza Manor Preservation, L.P. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated December 18, 2001 and executed by Plaza Manor Preservation, L.P. for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on June 19, 2002 as Document No. 2002-0518423. (2) Acquisition and Development Loan in the total amount not to exceed $1,915,544.00 made by the Community Development Commission of the City of National City to Copper Hills Apartments Limited Partnership. The Loan is evidenced by a Residual Receipts Promissory Note ("Note") dated February 19, 1999 and issued to the Community Development Commission of the City of National City by Copper Hills Apartments Limited Partnership. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated December 14, 1998 and executed by Copper Hills Apartments Limited Partnership for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on February 2, 1999 as Document No. 1999-0059569. (3) Acquisition and Development Loan in the total amount not to exceed $4,454,037.00 made by the Community Development Commission of the City of National City to Copper Hills Apartments Limited Partnership. The Loan is evidenced by a Residual Receipts Promissory Note ("Note") dated June 1, 1999 and issued to the Community Development Commission of the City of National City by Copper Hills Apartments Limited Partnership. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated June 1, 1999 and executed by Copper Hills Apartments Limited Partnership for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on June 2, 1999 as Document No. 1999-0382563. (4) Acquisition and Development Loan in the total amount not to exceed $669,653.00 made by the Community Development Commission of the City of National City to Casa Familiar, Inc. The Loan is evidenced by a Residual Receipts Promissory Note ("Note'') dated November 9, 1999 and issued to the Community Development Commission of the City of National City by Casa Familiar, Inc. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated August 25, 2008 and executed by Casa Familiar, Inc. for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on January 28, 2010 as Document No. 2010-0044862. 16366 (5) Acquisition and Development Loan in the total amount not to exceed $3,422,000.00 made by the Community Development Commission of the City of National City to Plaza City Apartments, LP. The Loan is evidenced by a Residual Receipts Promissory Note ("Note") dated November 1. 2005 and issued to the Community Development Commission of the City of National City by Plaza City Apartments, LP. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated November 1, 2005 and executed by Plaza City Apartments, LP for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on November 3, 2005 as Document No. 2005- 0957050. PROMISSORY NOTES (6) Loan in the total amount not to exceed $2,340.00 made by the Community Development Commission of the City of National City to Salvador Barajas. The Loan is evidenced by a Promissory Note ("Note") dated (unknown) and issued to the Community Development Commission of the City of National City by Salvador Barajas. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated March 20, 1997 and executed by Salvador Barajas for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on March 26, 1997 as Document No. 1997-0135651. (7) (8) (9) Loan in the total amount not to exceed $19,400.00 made by the Community Development Commission of the City of National City to Mark Brown. The Loan is evidenced by a Promissory Note ("Note") dated May 29, 2002 and issued to the Community Development Commission of the City of National City by Mark Brown. The Note is secured by a Deed of Trust ("Deed of "Trust") that is dated May 29, 2002 and executed by Mark Brown for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on May 31, 2002 as Document No. 2002-0466155. Loan in the total amount not to exceed $30,500.00 made by the Community Development Commission of the City of National City to Daniel Ceballos. The Loan is evidenced by a Promissory Note ("Note") dated August 9, 2002 and issued to the Community Development Commission of the City of National City by Daniel Ceballos. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated August 9, 2002 and executed by Daniel Ceballos for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on August 15, 2002 as Document No. 2002-0690413. Loan in the total amount not to exceed $26,500.00 made by the Community Development Commission of the City of National City to Leonardo Descaller. The Loan is evidenced by a Promissory Note ("Note") dated June 24, 1993 and issued to the Community Development Commission of the City of National City by Leonardo Descaller. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated June 24, 1993 and executed by Leonardo Descaller for the benefit of the Community Development Commission of 16367 the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on July 6, 1993 as Document No. 1993-0431220. (10) Loan in the total amount not to exceed $28,000.00 made by the Community Development Commission of the City of National City to Jose Espinoza. The Loan is evidenced by a Promissory Note ("Note") dated October 28, 1994 and issued to the Community Development Commission of the City of National City by Jose Espinoza. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated October 28, 1994 and executed by Jose Espinoza for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on November 16, 1994 as Document No. 1994-0660909. (11) Loan in the total amount not to exceed $1,889.00 made by the Community Development Commission of the City of National City to Jose Gutierrez. The Loan is evidenced by a Promissory Note ("Note") dated March 28, 1997 and issued to the Community Development Commission of the City of National City by Jose Gutierrez. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated March 28, 1997 and executed by Jose Gutierrez for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on March 31, 1997 as Document No. 1997-0146392. (12) Loan in the total amount not to exceed $25,000.00 made by the Community Development Commission of the City of National City to Miguel Hernandez. The Loan is evidenced by a Promissory Note ("Note") dated October 10, 1996 and issued to the Community Development Commission of the City of National City by Miguel Hernandez. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated October 10, 1996 and executed by Miguel Hernandez for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on October 30, 1996 as Document No. 1996=0549446. (13) Loan in the total amount not to exceed $25,000.00 made by the Community Development Commission of the City of National City to Dora Liera. The Loan is evidenced by a Promissory Note ("Note'') dated August 6, 1993 and issued to the Community Development Commission of the City of National City by Dora Liera. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated August 6, 1993 and executed by Dora Liera for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on August 13, 1993 as Document No. 1993-0528514. (14) Loan in the total amount not to excccd $18,926.00 made by the Community Development Commission of the City of National City to Barbara Mellor. The Loan is evidenced by a Promissory Note ("Note") dated May 29, 2002 and issued to the Community Development Commission of the City of National City by Barbara Mellor. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated May 29, 2002 and executed by Barbara Mellor for the benefit of the Community Development Commission of the City 16368 of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on May 31, 2002 as Document No. 2002-0466201. (15) Loan in the total amount not to exceed $18,900.00 made by the Community Development Commission of the City of National City to Danielle Michaelis. The Loan is evidenced by a Promissory Note ("Note") dated May 28, 2002 and issued to the Community Development Commission of the City of National City by Danielle Michaelis. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated May 28, 2002 and executed by Danielle Michaelis for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on May 31, 2002 as Document No. 2002-0466133. (16) Loan in the total amount not to exceed S21,000.00 made by the Community Development Commission of the City of National City to Marco Najera. The Loan is evidenced by a Promissory Note ("Note") dated March 3, 1994 and issued to the Community Development Commission of the City of National City by Marco Najera. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated March 3, 1994 and executed by Marco Najera for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on March 8, 1994 as Document No. 1994-0151233. (17) Loan in the total amount not to exceed $1,618.00 made by the Community Development Commission of the City of National City to Eddie Rodriguez. The Loan is evidenced by a Promissory Note ("Note") dated September 6, 1994 and issued to the Community Development Commission of the City of National City by Eddie Rodriguez. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated September 6, 1994 and executed by Eddie Rodriguez for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on September 12, 1994 as Document No. 1994- 0542976. (18) Loan in the total amount not to exceed $15,000.00 made by the Community Development Commission of the City of National City to Carlos Solis. The Loan is evidenced by a Promissory Note ("Note") dated September 7, 1995 and issued to the Community Development Commission of the City of National City by Carlos Solis. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated September 7, 1995 and executed by Carlos Solis for the benefit of the Community Development Commission of the City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on September 8, 1995 as Document No. 1995-0401428. (19) Loan in the total amount not to exceed $25,000.00 made by the Community Development Commission of the City of National City to Antonio Vargas. The Loan is evidenced by a Promissory Note ("Note") dated October 16, 2002 and issued to the Community Development Commission of the City of National City by Antonio Vargas. The Note is secured by a Deed of Trust ("Deed of Trust") that is dated October 16, 2002 and executed by Antonio Vargas for the benefit of the Community Development Commission of the 16369 City of National City, and was recorded in the Official Records of the San Diego County Recorder's Office on October 22, 2002 as Document No. 2002-0924692. 16370 EXHIBIT `B" LEGAL DESCRIPTIONS [Behind This Pagc] 16371 (1) LEGAL DESCRIPTION That portion of the East Half of the Northwest Quarter of Quarter Section 106 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 on file in the Office of the County Recorder of said County, described as follows: Beginning at the Northeast corner of the Northwest Quarter of said Quarter Section in the center line of a public street, 80.00 feet wide, running thence South 71° 11'05" West (Record South 71° West) along the Northerly line of said Quarter Section a distance of 665.03 feet (Record 660.00 feet more or less) to the Northeast corner of the land described in deed to Herman to Crow recorded in Book 498, Page 474 of Deeds, said point being also the Northwest corner of the said East Half of the Northwest quarter of Section 106; thence Southerly along the Westerly line of said Easterly Half of the Northwest Quarter of Quarter Section 106, South 18° 36'22" East (Record South 19° East), 440.00 feet to the Southerly line of the Northerly 440.00 feet of said Quarter Section, being also the True Point of Beginning; thence continuing along said Westerly line South 18°36'22" East (Record South 19° East), 701.30 feet to and along the Easterly boundary of the land described in deed to O.A. Staude, recorded in Book 714, Page 411 of Deeds to the Northerly line of the Southerly 179.00 feet of said Northwest Quarter; thence Easterly along said Northerly line North 71° 20'35" East, 663.37 feet to a point on the Easterly line of said Northwest Quarter of Quarter Section 106; thence Northerly along said Easterly line North 18° 31'23" West (Record North 19° West), 208.95 feet; thence leaving said line South 71° 16'22" West, 30.00 feet; thence Northerly parallel with the Easterly line of said Northwest Quarter of Quarter Section 106, North 18° 31'23" West, 302.50 feet; thence North 71° 16'22" East, 30.00 feet to a point on the Easterly line of said Northwest Quarter of Quarter Section 106; thence Northerly along said line North 18° 31'23" West, 191.68 feet to the Southerly line of the Northerly 440.00 feet of said Quarter Section; thence South 71° 11'05" West, 664.39 feet to the True Point of Beginning. APN: 558-010-45 E:1cLIENTS13071-05 Plaza Manor\Finals 12-13-01\Exhibit A.121201.doc 16372 (2) The Easterly 150.00 feet of the Southerly 58.00 feet of the Northerly 148.00 feet of the West half of the South half of the West half of the Southwesterly quarter of Quarter Section 129, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 166, filed in the Office of the County. Recorder of San Diego County, May 11, 1869. Excepting therefrom the Easterly 30.00 feet. Also excepting therefrom that portion lying within the following described boundary: Commencing at the intersection of the Northerly line of the West half of the South half of the West half of the Southwesterly quarter of Quarter Section 129 with the Westerly line of the Easterly 30.00 feet of said West half of the South half of the West half of the Southwesterly quarter of Quarter Section 129; thence along said Westerly line South 18° 44' 00" East, 9.80 feet to a point in the arc of a 50.00 foot radius curve, the center of which bears South 55° 36' 12" East from said point and being the true point of beginning; thence Southwesterly, Southerly and Southeasterly along the aro of said curve through a central angle of 97° 32' 43" a distance of 85.12 feet to the beginning of a reverse 20.00 foot radius curve; thence Southeasterly along the arc of said curve through a central angle of 44° 24' 55" a distance of 15.50 feet to the point of tangency in the Westerly line of said Easterly 30.00 feet; thence along said Westerly line North 18° 44' 00" West to the true point of beginning. Also excepting therefrom that portion lying within the following described property: Beginning at the Northwest corner of the West half of the East half of the Southwest quarter of the West half of Lot 2 of said Quarter Section 129 as shown on the Map of Miles Manor No. 1, according to the Map thereof No. 5869 filed in the Office of the Recorder of said San Diego County, April 21, 1967; thence South 18° 44' 00" East along the Easterly line of the West half of the Southwest quarter of the West half of said Lot 2, being also the center line of "Q" Avenue as shown on said Map No. 5869, a distance of 108.99 feet; thence leaving said center line at right angles South 71° 16' 00" West 30.00 feet to the,point of tangency of a 20.00 foot radius curve concave Southwesterly, the center of4Gvhich bears South 71° 16' 00" West, 20.00 feet; thence Northerly along the arc of said 20.00 foot radius curve through a central angle of 44° 24' 55" a distance of 15.50 feet to the point of tangency with a reverse 50.00 foot radius curve concave Easterly; thence Northerly along the arc of said 50.00 foot radius curve through a central angle of 97° 32' 43" a distance of 85.12 feet to the intersection with aline parallel with and 30.00 feet Westerly at right angles to said Easterly line of the West half of the Southwest quarter of the West half of said Lot 2; thence leaving said curve along said parallel line North 18° 44' 00" West 19.87 feet to the Northerly line of said Southwest quarter of Lot 2; thence North 71° 02' 00" East along said Northerly line 30.00 feet to the point of beginning. A.2 - Coop pe it 2 yS' 16373 (3) PARCEL 1: The Northerly 52.40 feet of the Southerly 217.40 feet of the Westerly half of the Southerly half of the Westerly half of the Southwest quarter of Quarter Section 129 of Rancho De La Nacion, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. Excepting therefrom the Westerly 185.00 feet and also excepting therefrom the Easterly 30.00 feet. PARCEL 2: The Northerly 52.45 feet of the Southerly 269.85 feet of the Westerly one-half of the Southerly one-half of the i Vesterly one-half of the Southwesterly quarter of Section 129 of Rancho De La Nacion, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County. Excepting therefrom the Westerly 185.00 feet; Also excepting therefrom the Easterly 30.00 feet. PARCEL 3: All of the West half of the South half of the West half of the Southwest quarter of Quarter Section 129, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of said County. Excepting therefrom the North 273.00 feet thereof. Also excepting therefrom the South 323.85 feet thereof. Also excepting therefrom the Westerly 144.00 feet thereof. Also excepting therefrom the Easterly 30.00 feet thereof. PARCEL 4: The South 60.00 feet of the North 273.00 feet of the West half of the South half of the West half of the Southwest quarter of Quarter Section 129, Rancho De La Nacion, in the City of national City, County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of said County. Also excepting therefrom the East 30.00 feet thereof. PARCEL 5: The Southerly 65.00 feet of the Northerly 213.00 feet of the West half of the South half of the West half of the Southwest quarter of Quarter Section 129, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of said County. Also excepting therefrom the East 30.00 feet thereof. .3 eg eee- 4' L L r Order No. PARCEL 6: The Easterly 150.00 feet of the Southerly 58.00 feet of the Northerly 148.00 feet of the West half of the South half of the West half of the Southwesterly quarter of Quarter Section 129, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to the map thereof No. 166, filed in the office of the County Recorder of San Diego County, May 11, 1869. Excepting therefrom the Easterly 30.00 feet. Also excepting therefrom that portion Tying within the following described boundary: Commencing at the intersection of the Northerly line of the West half of the South half 'of the West half of the Southwesterly quarter of Quarter Section 129 with the Westerly line of the Easterly 30.00 feet of said West half of the South half of the West half of the Southwesterly quarter of Quarter Section 129; thence along said Westerly line South 18° 44' 00" East, 9.80 feet to a point in the arc of a 50.00 foot radius curve, the center of which bears South 55° 36' 12" East from said point and being the true point of beginning; thence Southwesterly, Southerly and Southeasterly along the arc of said curve through a central angle of 97° 32' 43" a distance of 85.12 feet to the beginning of a reverse 20.00 foot radius curve; thence Southeasterly along the arc of said curve through a central angle of 44° 24' 55" a distance of 15.50 feet to the point of tangency in the Westerly line of said Easterly 30.00 feet; thence along said Westerly line North 18° 44' 00" West to the true point of beginning. Also excepting therefrom that portion lying within the following described property: Beginning at the Northwest corner of the West half of the East half of the Southwest quarter of the West half of Lot 2 of said Quarter Section 129 as shown on the Map of Miles Manor No. 1, according to the map thereof No. 5869 filed in the office of the Recorder of said San Diego County, April 21, 1967; thence South 18° 44' 00" East along the Easterly line of the West half of the Southwest quarter of the West half of said Lot 2, being also the center line of "Q" Avenue as shown on said Map No. 5869, a distance of 108.99 feet; thence leaving said center line at right angles South 71° 16' 00" West 30.00 feet to the point of tangency of a 20.00 foot radius curve concave Southwesterly, the center of which bears South 71° 16' 00" West, 20.00 feet; thence Northerly along the arc of said 20.00 foot radius curve through a central angle of 44° 24' 55" a distance of 15.50 feet to the point of tangency with a reverse 50.00 foot radius curve concave Easterly; thence Northerly along the arc of said 50.00 foot radius curve through a central angle of 97° 32' 43" a distance of 85.12 feet to the intersection with a line parallel with and 30.00 feet Westerly at right angles to said Easterly line of the West half of the Southwest quarter of the West half of said Lot 2; thence leaving said curve along said parallel line North 18° 44' 00" West 19.87 feet to the Northerly line of said Southwest quarter of Lot 2; thence North 71° 02' 00" East along said Northerly line 30.00 feet to the point of beginning. PARCEL 7: The Southerly 60.00 feet of the Northerly 90.00 feet of the Westerly half of the Southerly half of the Westerly half of the Southwest quarter of Quarter Section 129, of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof 166, filed in the Office of the County Recorder of San Diego County; Excepting the Westerly 150.00 feet thereof. Also excepting the Easterly 30.00 feet thereof. And also excepting that portion lying within the following described boundary: Commencing at the intersection of the Northerly line of the West half of the South half of 16374 lr Order No. the West half of the Southwesterly quarter of Quarter Section 129 with the Westerly line of the Easterly 30.00 feet of said West half of the South half of the West half of the Southwesterly quarter of Quarter Section 129; thence along the said Westerly line South 18° 44' 00" East 9.80 feet to a point on the arc of a 50.00 foot radius curve, the center of which bears South 55° 36' 12" East from said point and being the true point of beginning; thence Southwesterly, Southerly and Southeasterly along the arc of said curve through a central angle of 97° 32' 43" a distance of 85.12 feet to the beginning of a reverse 20.00 foot radius curve; thence Southeasterly along the arc of said curve through a central angle of 44° 24' 55" a distance of 15.50 feet to the point of tangency in the Westerly line of said Easterly 30.00 feet; thence along said Westerly line North 18° 44' 00" West to the true point of beginning. PARCEL 8: Lots 6 and 7 of Miles Manor Unit No. 1, in the City of National City, County of San Diego, State of California, according to Map thereof No. 5869 filed in the Office of the County Recorder of said County, April 21, 1967. An undivided 1/2 interest in Lot 8 and an undivided 1/2 interest in the North half of Lot 3 of said Miles Manor Unit No. 1, in the City of National City, County of San Diego, State of California, according to Map thereof No. 5869, filed in the Office of the County Recorder of said County, April 21, 1967. PARCEL 9: Lots 4 and 5 and an undivided one -quarter interest in and to the North half of Lot 3 and an undivided one -quarter interest in and to Lot 8, all in Miles Manor Unit No. 1 in the City of National City, County of San Diego, State of California, according to Map thereof No. 5869 filed in the Office of the County Recorder of San Diego County on April 21, 1967. PARCEL 10: Lots 1 and 2 and the Southeasterly half of Lot 3 of Miles Manor Unit No. 1, in the City of National City, County of San Diego, State of California, according to Map thereof No. 5869, filed in the office of the County Recorder of San Diego County, April 21, 1967. PARCEL 11: Parcel No. 2 of Parcel Map No. 890, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, July 10, 1972, File No. 177287 of Official Records. PARCEL 12: Parcel 1 of Parcel Map 890, filed in the Office of the County Recorder of San Diego County on July 10, 1972, being a portion of the Southwest quarter of Quarter Section 129 of Rancho De La Nacion in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of said County. 16375 /7 (4) Property Description All that certain real property situated in the County of San Diego, State of California, described as follows: LOT 12 AND THE NORTH HALF OF LOT 13 OFJENNIE M. HOBSON SUBDIVISION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1887, FILED IN THE COUNTY RECORDER'S OFFICE, FEBRUARY 26, 1926, EXCEPTING THEREFROM THE EAST 10 FEET THEREOF. APN: 556-560-12-00 THE SOUTHERLY 94.00 FEET OF THE NORTHERLY 374.00 FEET OF THE EASTERLY 155.00 FEET OF THE WESTERLY 170.00 FEET OF THE EAST HALF OF THE WEST HALF OF 10-ACRE LOTS 13 AND 141N QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 1 1, 1869. APN: 556-560-37-00 E:!CI.11*ITSNatitmntCity111U1 DStrati!Can Fumiliar)1Fin, Dcedallrust doc (Page 26 of 26) 16377 (5) PARCEL D OF PARCEL MAP NO. 3114, FILED IN THE, OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 15, 1974, AS FILE NO. 74-2"/5627 OF OFFICIAL RECORDS, IN THE OFFICE OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. (6) LEGAL DESCRIPTION 16378 A PORTION OF PARCEL 1 OF A PARCEL MAP, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARCEL MAP THEREOF NO. 14114, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL SOUTH 72°12'26" WEST 50.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL NORTH 17°47'34" WEST 6.50 FEET; THENCE LEAVING SAID WESTERLY LINE; THENCE NORTH 72°12'26" EAST 4.30 FEET; THENCE SOUTH 81°13'40" EAST 3.35 FEET TO A LINE THAT IS PARALLEL WITH AND NORTHERLY 5.00 FEET FROM THE SOUTHERLY LINE OF SAID PARCEL; THENCE ALONG SAID PARALLEL LINE NORTH 72°12'26" EAST 42.70 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; SAID POINT BEING DISTANT NORTH 17°47'34" WEST 5.00 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL; THENCE ALONG SAID EASTERLY LINE SOUTH 17°47'34" EAST 5.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL AND THE POINT OF BEGINNING OF THIS DESCRIPTION. • CONTAINING 259 SQ. FT. MORE OR LESS PREPARED BY ME OR UNDER MY SUPERVISION: L ND ��/ A M. BEAL, P.L.S. 4955 BELL EXPIRES 12/31/01 "^"a M. LOINS .71.0 * � ' r0 N0.405 Pi 44OR CA A° 0 (6 (\n�95 (7) LEGAL DESCRIPTION LOT I, INCLUSIVE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14245, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DULY 6, 2001. EXCEPTING THEREFROM ALL INTEREST OF THE CDC IN OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE SITE LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE THEREOF FOR ANY AND Ali. PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID SITE OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE SITE OR ANY PORTION THEREOF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE SITE IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE SITE, AS RESERVED IN THAT CERTAIN GRANT DEED RECORDED JULY 13, 2001 AS FILE NO. 2001-0485245 OF OFFICIAL RECOREDS Deed of Trust Page 13 of 13 16379 rtf 16380 (8) LOT 14 IN BLOCK 1 OF AUSTIN HEIGHTS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1938, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 3, 1925. 16381 (9) Lot 7 of Graham and Bonamo Subdivision, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 3880, filed in the Office of the County Recorder of San Diego County, May 7, 1958 DER Imo. : (10) 16382 The Southerly 50.00 feet of the Northerly 168.00 feet of that portion of the Northwesterly Quarter of the Southwesterly Quarter of Quarter Section 107, Rancho de la Nacicn, in the City of National City, County of San Diego, State of California, according to Map thereof N. 166, by r' rriil, filed in the Office of the Canty Recorder of San Diego County, cla'ribed as follows: Beginning at the Northwesterly corner of Lot 1, Block "A", F.A. Richards Subdivision, according to Map thereof No. 2459, filed in the Office of the County Recorder of San Diego County; thence South 70°51' West along the Westerly prolongation of the Northerly line of said Lot 1, a distance of 136.28 feet, more or less, to the Easterly line of land conveyed to the City of National City by deed recorded in Book 4626, Page 261 of Official Records; thence South 18°56'15" East along said Easterly line 238 feet, more or less, to the Northerly line of land conveyed to T. Laroy Richards by deed recorded April 9, 1924 in Book 992, Page 321 of Ids; thence along the Nrly line of said Richards Land South 79°13° East (record South 79° East) 160.43 feet to the Southwesterly line of said F.A. Richards Subdivision; thence Northerly along said Southwesterly line of F.A. Richards Subdivision North 18°58'30" West, 315.89 feet to the Point of Beginning. Excepting therefrom the Westerly 24.00 feet thereof. 16383 Lot 51 of Palm Crest Subdivision No. 2, in the City of National City, County of San Diego, State of California, according to Map thereof No. 2562, filed in the Office of the County Recorder of San Diego County, May 11).1949. 7(-6u4'erre2_, CLTA Preliminary Report Fortn (Rev. 1/1/95) (12) Parcel 1: ORDER NO.. Lot 3 in the City of National City, County of San Diego, State of California, according to Map thereof No. 13296, filed in the Office of the County Recorder of San Diego County, February 2, 1996. Parcel 2: Nonexclusive easements for anress,ingress, egress and other purposes, all as described and subject to the. Declaration of Restrictions recorded on February 2, 1996, as Document No. 1996-0053669 of Official Records over, under, along and across Lot A in the City of National City, County of San Diego, State of California, according to Map thereof No. 13296, filed in the Office of the County Recorder of San Diego County, February 2, 1995. 16384 J2 - /4ernonc#3 (13) 16385 LOT 36 OF SWEETWATER MESA UNIT NO. 1, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6821, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1971. LC/6-10-93 $� ) 3 ""' L1.2 r0.- Preliminary Report - Schedule A Gateway Title Company`- 1615 Murray Canyon Road Suite 120 San Diego, CA 92108 619-299-7892 (14) LEGAL DESCRIPTION LOT 5, INCLUSIVE, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14245, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 6, 2001. 16386 EXCEPTING THEREFROM ALL INTEREST OF THE CDC IN OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE SITE LYING MORE THAN FIVE HUNDRED (500) FEET BELOW 1 HE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR AND PRODUCTION OF OIL, CAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID SITE OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE SITE OR ANY PORTION THEREOF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE SITE IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE SITE, AS RESERVED IN'FI —TAT CERTAIN GRANT DEED RECORDED JULY 13, 2001 AS FILE NO. 2001-0485245 OF OFFICIAL RECOREDS itial initial �Y- tell0f CERTIFIED TO B EOAF i f IE NL CORRECT CO COMM0NWEALTH LAND TIT! COMPANY BY _.— Deed of Trust Page 13 of 13 16387 (15) LEGAL DESCRIPTION LOT 4, INCLUSIVE, IN TIIE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14245, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 6, 2001. EXCEPTING THEREFROM ALL INTEREST OF THE C_I)C IN OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF THE SITE LYING MORE THAN FIVE HUNDRED (500) FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE EXPLORATION FOR ANI) PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM SAID SITE OR OTHER LANDS, I3UT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE SITE OR ANY PORTION THEREOF WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE SITE IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF' THE SITE, AS RESERVED IN THAT CERTAIN GRANT DEED RECORDED JULY 13, 2001 AS FILE NO. 2001-0485245 OF OFFICIAL RECOREDS initial initial Deed of Trust Page 13 of 13 'l�j- pl icticl,e(l5 16388 LOAN NO. (16) ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF SAN D I EGO STATE OF CAL I FORN I A * * * " * , DESCRIBED AS FOLLOWS: LOT 13 OF GRAHAM AND BONAMO SUBDIVISION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3880, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 7, 1958. r /6— Pa, eTc (17) Property commonly known as 1925 Via Las Palmas #46, National City, California 91950. US46A Per Doc 80-044195&UND INT IN 16389 16390 (18) Lot 129 of Sweetwater Heights, in the City of National City, County of San Diego, State of California, according to Map thereof No. 4805, filed in the Office of the County Recorder of San Diego, County, June 30, 1961 16391 (19) THE EASTERLY HALF OF LOTS 11 TO 15, INCLUSIVE, IN BLOCK 3 OF BUDD VILLA TRACT, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1067, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19,1907. ALSO THE WESTERLY HALF OF AVENUE "C" IMMEDIATELY ADJOINING SAID LOTS ON THE EAST AS CLOSED BY RESOLUTION NO. 366 OF THE BOARD OF TRUSTEES OF THE CITY OF NATIONAL CITY. APN: 562-190-06-00 if - Uatrg,#S Certified to be a True. Correct and Cryoon plete Coln of t)ritiinal By: )GitA, �?. `'✓+ in