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15058 (SFD)Building 78-•600 Address Mary Kamm P.O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 Mailing " Address P.O. Box 366 CityZip Tel. .La Quint>`a, CA 92253 Contractor AM Construction :05: Box 366 Ta Quinta, CA Zi1392253 Tel.: 564-4832 State Lica 4875$4 City 626 & Classif. Lic. # Arch., Engr., Designer Address I Tel. City (Zip (State I Lic. # LICENSED CONTRACTOR'S DECLARATION I hereby affirm the I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 f the Business and Profes§ions Code, and my license is in full force and effect. r " t ' OWNER -BUILDER DECLARATION I hereby afflrm�that I am exempt from the Contractor's License Law for the following reason: (Sec. 7031.5,Business and Professions Code:. Any city or county which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance also requires the applicant for such permit to rile a signed statement that he is licensed pursuant to the provisions of the Contractor's License Law, Chapter 9 (commencing with Section 7000) or Division 3 of the Business and Professions Code. or that. he is exempt therefrom, and the basis for the alleged exemption. Any violation of Section 7031.5 by 'any applicant for a permit subjects the applicant to a civil penalty or not more than rive hundred dollars ($500). O I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not Intended or offered for sale. (Sec. 704.4, Buisness and Professions Code: The Contractor's- License Law does not apply to an owner of property who builds or Improves thereon and who does such work himself or through his own employees, -- provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or knprove for the purpose or sale.) ❑ I, as owner of the property, am exclusively contracting with licensed contractors to con- struct the project. (Sec. 7044, Business andProfessions Code: The Contractor's License Law does not apply to an, owner of property who builds or Improves thereon, and who contracts for such projects with a contractor(s) ffcensed pursuant to the Contractor's License Law.) ❑ 1 am exempt under Sec. B. &1P.C. for this reason Date Owner l WORKERS' COMPENSJTION DECLARATION I hereby affirm that I have a certificate, f consent toQself-ins re, ora cgMcate of Worker's Compensation Insurance, or a crtied poyy.Utereofe{SecsQ800-LaboYCode.) Policy No. Company ❑ Copy is filed with the city. O CeAlfied copy is hereby furnished. CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE (This section need not be completed N the permit is for one hundred dollars ($100) valuation or less.) I certify that in the performance of the work for which this permit is issued, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of California Date Owner NOTICE TO APPLICANT. N, after making this Certificate or Exemption you should become subject to the Workers' Compensation provisions of the Labor Code, you must forthwith comply with such provisions or this permit shall be deemed revoked. WARNING: FAILURE To SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. 'This Is a building permit when properly filled out, signed and validated, and is subject to expiration if work thereunder is suspended for 180 days. I certify that I have read this application and state that.the above information is correct. I agree to comply with all city and county ordinances and state laws. relating to building ccnstructlon, and hereby authorize representatives -of' this city to. enter the above-. mentioned property for Inspection purposes. Signature of applicant Date Mailing Address City, State, Zip No.15058 JILDING: TYPE CONST. VQ OCC. GRP. R3 P. Number 646-312-041 Description Project Description Lot 91 Desert Club Manor T --1 SFD Sq. Ft. 1354 No. No. Dw. Size Stories - Units New ❑ Add ❑ Alter ❑ Repair ❑ Demolition ❑ .t includes rear and one aide 61 wall on retaining avail. Additional block work and/or pool oerruits (Estimated Valuation W,377.00 PERMIT Plan Chk. Dep. Plan Chk. Bal. Const. Mech. Electrical Plumbing S.M.I. Grading Driveway Enc. Infrastructure Precise Plan TOTAL REMARKS 250.00 AMOUNT 1.881.36 ZONE: BY: Minimum Setback Distances: Front Setback from Center Line Rear Setback from Rear Prop. Line Side Street Setback from Center Line Side Setback from Property Line FINAL DATE INSPECTOR ` Issued by: Date Permit Validated by: Validation: I MAY 17 1995 BV CONSTRUCTION ESTIMATE NO. ELECTRICAL FEES NO. PLUMBING F SLAB GRADE �CJ� ROUGH PLUMB. BONDING HEATING (ROUGH) 4 1ST FL. SO. FT. ® $ UNITS ROCK STORAGE ."FOUND. REINF. GAS ( OUGH) •l AC METER LOOP HEATING (FINAL) J 7J YARD SPKLR SYSTEM 2ND FL. SD. FT. ® GAS (FINAL) TEMP. POLE c - GROUT If MOBILEHOME SVC. BAR SINK POR. SQ. FT.`® WATER SYSTEM GRADING i FINAL INSP.��w f .a cu. yd. INSP. $ Plus—X$—=$ GAR. SO. FT. ® POWER OUTLET ROOF DRAINS FINAL /� "' �Q�(l//�S /% lam!/V14 171A 0/f I jj i D g l J �t 1. REMARKS: DRAINAGE PIPING CAR P. SO. FT. ® WALL SQ. FT. DRINKING FOUNTAIN / �a7_.-1 URINAL SO. FT. ® 1/ SPARK ARRESTOR 1 ESTIMATED CONSTRUCTION VALUATION $ WATER PIPING NOTE: Not to be used as property tax valuation GAR. FIREWALL FLOOR DRAIN MECHANICAL FEES LATHING �( WATER SOFTENER VENT SYSTEM FAN EVAP.COOL HOOD SIGN WASHER(AUTO)(DISH) APPLIANCE DRYER GARBAGE DISPOSAL FURNACE UNIT WALL FLOOR SUSPENDED LAUNDRY TRAY AIR HANDLING UNIT CFM KITCHEN SINK ABSORPTION SYSTEM B.T.U. TEMP USE PERMIT SVC WATER CLOSET' COMPRESSOR HP POLE, TEM/PERM LAVATORY HEATING SYSTEM FORCED GRAVITY AMPERES SERV ENT SHOWER BOILER B.T.U. SO. FT. ® c BATH TUB r GARDEN WALL FINAL SO. FT. ® c WATER HEATER MAX. HEATER OUTPUT, B.T.U. SQ. FT. RESID ® 11/4 c SEWAGE DISPOSAL SQ.FT.GAR ® 3/ac HOUSE SEWER GAS PIPING PERMIT FEE PERMIT FEE PERMIT FEE r DBL TOTAL'FEES MICRO FEE MECH.FEE PL.CK.FEE CONST. FEE ELECT. FEE SMI FEE PLUMB. FEE STRUCTURE I PLUMBING ELECTRICAL HEATING & AIR COND. SOLAR SETBACK �3 GROUND PLUMBING �J/!� NDERGROUND A.C. UNIT COLL. AREA SLAB GRADE �CJ� ROUGH PLUMB. BONDING HEATING (ROUGH) STORAGE TANK FORMS , EPTIC TANK` ROUGH WIRING DUCT WORK ROCK STORAGE ."FOUND. REINF. GAS ( OUGH) •l AC METER LOOP HEATING (FINAL) J 7J OTHER APP.IEQUIP. REINF. STEEL GAS (FINAL) TEMP. POLE c GROUT If WATER HEATER SERVICE FINAL INSP. BOND BEAM WATER SYSTEM GRADING i FINAL INSP.��w f .a cu. yd. INSP. $ Plus—X$—=$ LUMBER GR. FRAMING/ i /��J ROOFING !/ a/ �✓' FINAL /� "' �Q�(l//�S /% lam!/V14 171A 0/f I jj i D g l J �t 1. REMARKS: VENTILATION FIRE ZONE ROOFING% / �a7_.-1 FIREPLACE 1/ SPARK ARRESTOR 1 GAR. FIREWALL LATHING �( MESH INSULATION/SOUND FINISH GRADING FINAL INSPECTION 9J CERT. OCC. FENCE FINAL INSPECTOR'S SIGNATURES/INITIALS r GARDEN WALL FINAL DESERT SANDS UNIFIED SCHOOL DISTRICT 82-879 Highway 111 NOTICE: Indio, CA 92201 Document Cannot Be Duplicated 619-775=3500 Date 5/16/95 Type of Permit La Quinta No. 13452 Permit # Log Owner Name_ Mary Kamm No. 78-600 Street.Saguaro City La.Quinta . ': - Zip 92253 Study Area 123 APN # Tract # Lot # 0 Square Footage 11354 Type of Development I Single Family Residence No. of units 0 Comments At the present time, -the Desert Sands Unified.,School District does not collect fees on garages/carports, covered patios/walkways, residential additions under 500 square feet, detached accessory structures or replacement mobilehi mes. It has�been determined the above-named owner is exempt from paying school fees at this time due to the following reason: EXEMPTION NOT APPLICABLE This certifies that school facility fees imposed pursuant to Government Code 53080 in the amount of 1.72 'x 1354 or $ 2,328.88 have.been paid to D.S.U.S.D. for the property listed above and that buildingpermits .and/or Certificates of Occupancy for this square footage in this -proposed project may"now be issued. Fees Paid By Palm Desert National -Bank Telephone , Name on the check By Dolores A. Ballesteros Superintendent Fee collected /exempted by Mou.,L9pez y '< Payment Received;- `Check No. 2346 Signature Collector: Attach a co of county or city pl ck application form to district copy for all waivers. Embossed Original- Building Dept./Applicant Copy -Applicant/Receipt 'Copy- Accounting �G....c� 5�r �r�..,.�ylty H•r.�}b,l�e"6',`%SfM`�*.c'i....•A+�A'-'�^l.r,s ' r - ASSESSOR'S PARCEL NUMBER COUNTY OF RIVERSIDE HEALTH SERVICES AGENCY OYI DEPARTMENT OF ENVIRONMENTAL HEALTH PERMIT APPLICATION FOR A SUBSURFACE SEWAGE DISPOSAL SYSTEM APPLICANT: Submit this form with four copies of a SCALED plot plan (1-20 SCALE) drawn to County specifications as indicated on the attached check list. A non-refundable filing fee is required when the application is submitted. Check must be made payable to the County of Riverside. Aproval of this applica- tion shall remain valid for a period not to exceed one year from date of payment. 04"11--9D 08.ZA!001 56 1^3£3 $162.0 IA' 0,1 LOG # irk oG AIM G IK $162- or. Agent, Contractor, Contact Person M t� o� �' Address City State Zip 5-l52 5 L--A-C�t,,AaTk 'f Zz53 Telephone Glf's611(193z a Owner IW AX f' /�A �M Address City State Zip '4-491,0 vL �,r -.� tTv�lrE r !� Telephone Z Job Property Address ??- 600 3A'CU'420 Al City A 06(1;v7;4 Zip 9a.zr� tU Lot Size W to en - ell Use of Permit, P/P, SUP, PUP, etc. :� Legal Description 549I)e o' U w D �' ell g H Site Prep., etc. Signature of App scant Date �ia-g5 CHECK BOX i REQUIRED ❑ Holding Tank Agreements Completed ❑ Detailed Contour Plot Plans Required (1 to 5 foot interval) ❑ Certification of Existing S.D. System Required ❑ Grading Handout Provided m ❑ WQCB Clearance Required ❑ Staff Specialist Lot Inspection Required Z 0 (Attach For DOH -SAN -007, Santa Ana Region Only ❑ Lot Inspection U❑ Soils Percolation Report Required LU ❑ Date Lot Inspection Completed: Initials U ❑ Special Feasibility Boring Report Required Remarks: ❑ Maintenance Booklet Provided Initials Date ❑ Final Inspection by Department of Environmental Health is required. C/42 / Soils Percolation Boring Report by UgProject # Date Soils Map Page WV Soil Type Q Approved By Date i No of Systems Type of System(s) No. Dwelling Units (1) Septic Tank Soil Rate Grbase/�Sand �> O folding Tank ❑ Replacement Bedrooms, fixtute.Mnits Grease-I'ntcp Unt Trap " New ❑ Addition O Existing lm.- 3 d /� Alm. . 4AV /=Gal. S olil Gal. i Sq. Ft. Total Linear Sidewall Allowance Leach -Bed sq. ft. of BD om Area t. rock/ �_ sq. ft. running ft. Inlet Tested Depth Q NA InstalU e(s) ft. long ft. wide with min. —inc he o below drainlines or Bottom Area U Proposed Bottom Tested Depth Z Leach lines/bed special design for slope: (3) Pit Diameter No. Pits Pit Below Inlet (BI) Seepage Pit Maximum Other: O Total Depth Allowable F- Applicable 4-1" '0' / / �D 3 Depth W N/A Overburden Factor CJ 6' TD �3 U Well Review Approved: Date: Well Drilling Permit # SIGNATURE Grading Plan Approved: Date: - SIGNATURE Sewer Verification pproved: Date: REMARKS: 101, ol I'LQ�1 - Ne2 -76a.�� .K . wo �� This application is PPROVED/ • ENIED for the category checked in SECTION B FOR OFFICE USE ONLY above, regarding the a subsurface disposal system as Indicated on the acompanled plot plan, using the requirements set forth In SECTION C above. A build - Ing permit Is necessary for the Installation of the above -designed system. No constru Revenue code Fee $ 16 ,72. tion is permitted in the required reserved 100% expansion area. sa 1 (1) Septic Tank must be 49m, Inimum from any wells 1iL2r., (Check#_� (2) Leach lines must be 100' minimum from any wells, including expansion area. nn� Date 4-11 � "1 S (3) Sewer lines must be 50' minimum from any wells. nInitial Z O(4) Seepage pits must be 150' minimum from any wells, Including expansion area. U d (o • LGA �`'�ilo oC L!/ �-� A go LU rn Signature of Health Official Date DOH -SAN 122 (Rev 9/93) Uistribution: WHITE—Utftce file; YtLLUW—Applicant; FINK -1510g. Dept.; GULUtNHUL—Flans/Records V JAMES O. WALLACE Agricultural Commissioner Director of Weights & Measures OFFICE OF:JHE,. , AGRICULTURAL COMMISSIONER P.Oc''BOX 1089 RIVERSIQE:CA 92502-1089 PHONE (909) 2753000 FAX (909) 276-3012 83-612 Avenue 45.Suite 7 Indio;. CA 92201 (619)863-8291 CALVIN C. KAMINSKAS Assistant Commissioner DAN RILEY Sealer, Weights & Measures (909) 2153030 FAX (909) 276.4728 DATE _ I �' —. 1 CASE NO. C O `1 1 O DEVELOPER'S NAME: V-\ ox 3 1s Q .:• r`�- �z2S 3 ADDRESS: `7'$ - (. o c7 S ti 3 TELEPHONE:Z— Dear Developer: After reviewing your landscaping :plans, all plant material listed is not in violation of quarantine laws governing::the Coachella Valley. If substitutions do occur and they differ from plant material listed, this office must be notified immediately. Thank you for protecting and preserving the Coachella Valley's pest -free environment. Agricultural Commissioner's fice cc: Indio and Riverside yJur�l 14 '95 11_:�: 19 �t UT HLAND EOTECHNICAL ;. r FOUNDATION ENGINEERS ANC) MATE COMPACTION TESTING F (Nuclear Method ASTM D-2922) Test No. (�� 3_OI oct3-0z 1 8413-03 (741.3-o4 - Density Count i b 1IS 677_..— 2 l f Moisture Count Z Elevation: Moisture Correction i Station: Mode & Depth 8 Wet Density, PCF 10-7�-j (12, �� • �„ .Test No.. Dry PCF Station: Ip,q rP" 1 _ _ Mat'I: _Density, % Moisture o.1 18,E Standard Dens. (MAX.) c4, Station: Elevation: Optimum Moist. Location: !1c �' • % Compaction _ Specified Dens. Station: J� Elevation: r = S Lia Test No.: ;Location Station: Elevation: Motf: ;Test No.: Statlon: Elevation: Mat'I: I �cnthn: PROJECT NAME: 8� � PROJECT NO.: CLIENT: A• + M DATE: �D ` ( r 7 TECHNICIAN: I Density Std.: Moisture Std.: 0( «� ( Elevation: Mat'I: Test No.: Station: Location:'V .Test No.. � Station: � Elevation rP" 1 _ _ Mat'I: ,l.ocation' :Test No.. Station: Elevation: O i Mat•l. •� _ Location: !1c �' << �< i, �. .---- _ Jest No.: Station: J� Elevation: ( P Mat'L• :Location: �' 2-�J � � ` � r ` Test No.: Station- Elevation. _ Mat•I: Location: i, Test No.: ;Location Station: Elevation: Motf: ;Test No.: Statlon: Elevation: Mat'I: I �cnthn: PROJECT NAME: 8� � PROJECT NO.: CLIENT: A• + M DATE: �D ` ( r 7 TECHNICIAN: I Density Std.: Moisture Std.: TITLE 24 REPORT FOR: MASTON AND KAMM RESIDENCE 78-600 SAGUARO DRIVE .LA QUINTA, CALIFORNIA PROJECT DESIGNER: REPORT PREPARED BY: JOAN D. HACKER INSU-FORM, INC. 68487 HIGHWAY 111, SUITE 56 CATHEDRAL CITY, CA 92264 (619) 324-0216 Job Number: Date: 4/7/1995 The COMPLY 24 computer program has been used to perform the calculations summarized in this compliance report. This program has approval?and is authorized by the California Energy Commission for use with both the Residential and Nonresidential Building Energy Efficiency Standards. Cover Page ...... .. 1 Table of Contents .......................... 2 Form CF-1R Certificate of Compliance: Residential 3 Form MF-1R Mandatory Measures Checklist: Residential 5 HVACZone & Space Loads Summary ................................... 7 Form C-2R Computer Method Summary...:............................... 10 Form P-2R Point System Summary 13 CERTIFICATE OF COMPLIANCE: Residential (part 1 of 2) CF -1R --------------- Project Name: MASTON AND KAMM RESIDENCE Date: Address: 78-600 SAGUARO DRIVE Designer: page 3 of 13 ------------- 4/7/1995 LA QUINTA, CALIFORNIA Building Permit No Checked by / Date Documentation: INSU-FORM,_INC. ICOMPLY 24 User 2655 ----------------------------------------------------- -------------- GENERAL INFORMATION Compliance Method: Climate Zone: Conditioned Floor Area: Building Type: Building Front Orientation: Number of Dwelling Units: Floor Construction Type: COMPLY 24 version 4.11 15 1354 sqft Single Fam.Att 180 deg (S) 1 Slab on Grade BUILDING SHELL INSULATION Component U -Value R-13 Wall (W.13.2x4.16) 0.088 Solid Wood Door 0.387 R-38 Roof(R.38.2xl4.16) 0.028 Slab Perimeter w/R-0.0 0.900 Slab Perimeter.w/R-0.0 0.720 Location/Comments WHOLE HOUSE WHOLE HOUSE WHOLE HOUSE. WHOLE HOUSE WHOLE HOUSE FENESTRATION Shading.Devices Frame Orient. --------- Area U -Val ------ ----- Type ------ Interior --------------- Exterior OH SF Type Back (N) 40.0/' 0.77 Double Light Blind --------------- none -- Y -- N ----- Metal Back (N) 20:0- 0.87 Double Light Blind 'Standard Bug Scr Y N Metal Right (E) 8.0 0.72 Double none none Y N None Right (E) 22.0 0.87 Double Light.Blind Standard Bug Scr Y N Metal Front (S) 25.0/ 0.87 Double Light Blind Standard Bug Scr Y N Metal Left (W) 48.0/ 0.87 Double Light Blind Standard Bug Scr Y N Metal THERMAL MASS Area Thick Type Covering (sf) (in) Location/Description ----------------------------- ----- ----- ------------------------------ Concrete, Heavyweight Exposed 205 .3.50 Slab on Grade Concrete, Heavyweight Covered 1149 3.50 Slab on'Grade •CERTIFICATE OF COMPLIANCE: Residential .(part 2 o 2) CF -1R page 4 of 13 Project Name: MASTON AND KAMM RESIDENCE Date: 4/7/1995 Documentation: INSU-FORM, INC. --------------------------------------------------------------------------- COMPLY 24 User 2655 HVAC SYSTEMS Minimum '.Distrib Type Duct TStat System Type Efficiency and Location ------------------------------------- RVal Type ---- ------ Location/Comments ----------------------- ----------------------Furnace Fu rnace0.800 AFUE Ducts in Attic 4.2 SetBck WHOLE HOUSE SpltAirCond10.000 SEER Ducts in Attic 4.2-SetBck Water No. Tank Ext. WATER HEATING SYSTEMS Heater in Energy Size Insul System Name Distribution Type Type ----------------------- ------------------ ------- Sys Factor (gal) R -Val --- ------ Std Gas 50 gal or Less Standard StorGas ----- ----- 1 0.53 50.0 12.0 WATER HEATER EQUIPMENT DETAIL System Name System Type ----------------------- ----------- Std Gas 50 gal or Less DomesticHW SPECIAL FEATURES/REMARKS AFUE /Rec Rated Stdby Tank Pilot Eff Input Loss R -Val Light ---- ---- ----- ----- ----- 0.780 40000 0.040 0.0 0 COMPLIANCE STATEMENT This Certificate of Compliance lists the building features and performance specifications needed to comply with Title 24, Parts 1 & 6 of the Califor- nia Code of Regulations, and the administrative regulations to implement them. This certificate has been signed by the individual with overall design responsibility. When this certificate of compliance is submitted for a single building plan to be built in multiple orientations, any shading feature that is varied is indicated in the Special Features/Remarks section DESIGNER or OWNER (Per Business &'Professions Code) Lic #: DOCUMENTATION AUTHOR JOAN D. HACKER INSU-FORM, INC. 68487 HIGHWAY 111, SUITE 56 CATHEDRAL CITY, CA 92264 (619) 324-0216 T 4h t C (signature) (date) (si ture) a e) ENFORCEMENT AGENCY Name: Title: Agency: Telephone: (signature/stamp) (date) :MANDATORY MEASURES CHECKLIST (part 1 of 2) MF -1R page 5 of 13 Project Name: MASTON AND KAMM.RESIDENCE Date: 4/7/1995 Documentation: INSU-FORM, INC. ICOMPLY 24 User 2655 ----------------------------------------------------- --------------- NOTE: Lowrise residential buildings subject to the Standards must contain these measures regardless of the compliance approach used. Items marked with an asterisk (*) may be superseded by more stringent compliance requirements listed on the Certificate of Compliance: When this checklist is incorporated into the permit documents, the features noted shall be considered by all parties as binding minimum component performance specifications for the mandatory measures whether they are shown elsewhere in the documents or on this checklist only. BUILDING ENVELOPE MEASURES Enforcement o Sec. 150(a): Minimum R-19 ceiling insulation. o Sec. 150(b): Loose fill insulation manufacturers labeled R -Value. o Sec. 150(c): Minimum R'-13 wall insulation in framed walls (does not apply to exterior mass walls). o Sec. 150(d):,Minimum R-13 raised floor insulation in framed floors; Minimum R-8 in concrete raised floors. o Sec. 150(1): Slab edge insulation - water absorption rate no greater than 0.3%, water vapor transmission rate no greater than 2.0 perm/inch. o Sec. 118: Insulation specified or installed meets California Energy Commission quality standards.' Indicate Type &.form. o Sec. 116-117: Fenestration Products, Ext Doors & Infil/Exfil Controls a. Doors and windows between conditioned and unconditioned spaces designed to limit ;air"leakage. b. Manufactured fenestration products have label w/certified U -Value c. Exterior doors and windows weatherstripped; all joints and penetrations caulked and sealed. o Sec. 150(g):.Vapor barriers mandatory in Climate Zones 14 and 16 only. o Sec. 150(f): Special infiltration barrier installed to comply with Sec. .151 meets Commission quality.standards. o Sec. 150(e): Installation of Fireplaces, Decorative Gas Appliances and Gas Logs 1. Masonry and factory -built fireplaces have: a. Closeable ,metal. or glass .door I Outside air intake with damper and control C. Flue damper and control 2. No continuous burning gas pilots allowed. MANDATORY MEASURES CHECKLIST ,(part 2 of 2) MF -1R page 6 of 13 Project Name: MASTON AND KAMM.RESIDENCEDate: 4/7/1995 Documentation: INSU-FORM, INC. COMPLY 24 User 2655 -------------------------------------------------------- ------ SPACE CONDITIONING, WATER HEATING AND PLUMBING SYSTEM MEASURES Enforcement o Sec. 110-13: HVAC equipment, water heaters, showerheads and faucets certified by the Commission. o Sec. 150(1): Setback thermostat on all applicable heating systems. o Sec. 150(j): Pipe and Tank Insulation 1. Indirect hot water tanks (eg unfired storage tanks or backup solar hot water tanks) have insulation blanket (R-12 or greater) or combined interior/exterior insulation (R-16 or greater). 2. First 5 feet of pipes closest to water heater tank, non -recirculation systems, insulated (R-4 or greater. 3. All buried or exposed piping insulated in recirculation sections of hot water.system. 4. Cooling system piping below 55 F insulated. 5. Piping insulated between heating source and indirect hot water tank. o Sec. 150(m) Ducts and Fans* 1. Ducts constructed, installed and sealed to comply with UMC Sections 1002 and 1004; ducts insulated to a minimum R-4.2 or ducts enclosed entirely within conditioned space. 2. Exhaust systems have backdraft or automatic dampers. 3. Gravity ventilating systems serving conditioned space have either automatic or readily accessible manually operated dampers. o Sec. 114:Pool and Spa Heating Systems and Equipment 1. System is certified with 78% thermal efficiency, on-off switch, weatherproof operating instructions, no electric resistance heating and no .pilot light. 2. System is installed with: a. At least 36" pipe between filter and heater for future solar heating. b. Cover for outdoor pools or outdoor spas. 3. Pool system has directional inlets and a circulation pump time switch. o Sec. 115: Gas-fired central furnace, pool heater, spa heater or household cooking appliance have no continuously burning pilot light. (Exception:.Non-electrical cooking appliance with pilot < 150 Btuh) LIGHTING MEASURES o Sec. 150(k): Lighting -40 lumens/watt or greater for general lighting in kitchens and rooms with water closets; and recessed ceiling fixtures IC (insulation cover) approved. .HVAC ZONE HEATING & CO,OLING LOAD SUMMARY page 7 of 13 ------------------- Project Name: MASTON AND KAMM RESIDENCE Date: 4/7/1995 Documentation: INSU-FORM, INC. COMPLY 24 User 2655 --------------------------------------------------------------------------- HVAC ZONE DESCRIPTION HVAC Zone Name: Heating System Name: Cooling System Name: System Multiplier: Fan Schedule: Peak Load Method: Relative Humidity:. SPACES IN THIS ZONE PEAK ----------------------- ---- WHOLE HOUSE (Jan 12am) TOTAL SPACE LOAD Duct Gains & Losses: Ventilation: ( 0 CFM) Return Air Lighting Gain TOTAL SYSTEM LOAD SYSTEM OUTPUT AT DESIGN CONDITIONS WHOLE HOUSE Day&Night 383KAV036035 Day&Night 593BJ036-A 1 24 Hr Fans STD COINCIDENT 50 $ COOLING HEATING PEAK SENSIBLE LATENT 28825 (Aug 2pm) 20677 849 28825 20677 849 2882 2068 0 0 0 0 31707 22745 849 35000 22445 8220 NOTE: The TOTAL SYSTEM LOAD shown represents the minimum size equipment which will heat or cool this zone during the design conditions indicated. These numbers include no safety factor,'and'the HVAC contractor should oversize by a reasonable margin to,account for variations in weather conditions and the pick-up capacity required to bring the zone to temper- ature as a result of a setback thermostat. -.Those responsible for final equipment selection should note that .Sensible and Latent Cooling Loads are indicated to allow for accurate comparison with manufacturer's output data. RESIDENTIAL SPACE HEATING,LOAD SUMMARY page 8 of 13 Project Name: MASTON AND RAMM RESIDENCEDate: 4/7/1995 J Documentation: INSU-FORM, INC. COMPLY 24 User 2655 --------------------------------------------------------------------------- Space Name: WHOLE HOUSE Design Indoor Dry Bulb Temperature: 70 F Design Outdoor Winter Dry Bulb Temperature: 29 F Design Temperature Difference: 41 F Conduction ----------------------- Area ------ U -Value ------- TD ---- Btu/hr ------ R-13 Wall (W.13.2x4.16) 833.0 x 0.0885 x 41.0 = 3022 Solid Wood Door 20.0 x 0.3872 x 41.0 = 318 Double Clear Default(R) 40.0 x 0.7700 x 41.0 = 1263 Double Clear Default(R) 20.0 x 0.8700 x 41.0 = 713 Glass Block Default (R) 8.0 x 0.7200 x 41.0 = 236 Double Clear Default(R) 22.0 x 0.8700 x 41.0 = 785 Double Clear Default(R) 25.0 x 0.8700 x 41.0 = 892 Double Clear Default(R) 48.0 x 0.8700 x 41.0 = 1712 R-38 Roof(R.38.2xl4.16) 1354:0 x 0.0284 x 41.0 = 1574 Slab on Grade Perim = 70.0 x 43 = 3010 Slab on Grade Perim = 170.0 x 43 = 7310 Infiltration: 1.00 x 0.018 x 1354 sf x 8.0 ft x 1.00 At x 41.0 = 7991 TOTAL HOURLY HEAT LOSS FOR SPACE 28825 Heating AirFlow: 28825 Btu/hr / [1.08 x 35 F DeltaT)] = 763 cfm •RESIDENTIAL SPACE COOLING LOAD SUMMARY page 9 of 13 Project Name: MASTON AND KAMM RESIDENCE Date: 4/7/1995 Documentation: INSU-FORM, INC. COMPLY 24 User 2655 Space Name: WHOLE HOUSE. Design Indoor Dry Bulb Temperature: Design Outdoor Summer Dry Bulb Temperature: Design Temperature Difference: 78 F 112 F 34 F Conduction ----------------------- Op Frac. Area ------ Heat Gain U -Value ------- DETD ---- Btu/hr ------ R-13 Wall (W.13.2x4.16) 1354.0 833.0 x 0.0885 x 29.6 = 2182 Solid Wood Door x 225 / 20.0 x 0.3872 x 29.6 = 229 Double Clear Default(R) x -0.3 40.0 x 0.7700 x 34.0 = 1047 Double Clear Default(R) 849 20.0 x 0.8700 x 34.0 = 592 Glass Block Default (R) 8.0 x 0.7200 x 34.0 = 196 Double Clear Default(R) 22.0 x 0.8700 x 34.0 = 651 Double Clear Default(R) 25.0 x 0.8700 •x 34.0 = 740 Double Clear Default(R) 48.0 x 0.8700 x 34.0 = 1420 R-38 Roof(R.38.2x14.16) 1354.0 x 0.0284 x 50.0 = 1919 Infiltration: 1.00 x 0.018 x 1354 sf x 8.0 ft x 1.00 AC x 34.0 = 6627 Shaded Unshaded Solar Gain Orient. Area SGF Area SGF SC Double Clear Default(R) South [ 25.0 x 15 + 0.0 x 32] x 0.49 = 184 Double Clear Default(R) West [ 24.0 x 15 + 24.0 x 73] x 0.49 = 1035 Double Clear Default(R) North [ 0.0 x 15 + 40.0 x 15] x 0.47 = 280 Double Clear Default(R) North [ 0.0 x 15 + 20.0 x 15] x 0.49 = 147 Double. Clear Default(R) East [ 8.3 x 15 + 13.8 x 73] x 0.49 = 552 Glass Block Default (R) East [ 6.0 x 15 + 2.0 x 73] x 0.92 = 217 Internal Gain Op Frac. Area. Heat Gain Conv. Lighting 1.00 x 1354.0 x 0.200 x 3.413 = 924 Equipment 1.00 x 1354.0 x 0.100 x 3.413 = 462 Occupants 1.00 x 1354.0 x 225 / 333 = 915 TOTAL HOURLY SENSIBLE HEAT GAIN FOR SPACE 20677 Latent Gain Op Frac. Area Heat Gain Conv. Btu/hr Equipment 1.00 x 1354.0 x 0.000 x 3.413 = 0 Occupants 1.00 x 1354.0 x 225 / 333 = 915 Infiltration: 1.00 x 0.018 x 1354 sf x 8.O ft x 1.00 AC x -0.3 = -61 TOTAL HOURLY LATENT HEAT GAIN FOR SPACE 849 Cooling AirFlow: 20677 Btu/hr./ [1.08 x 23 F DeltaT)] = 833 cfm COMPUTER METHOD SUMMARY C -2R page 10 of 13 Project Name:'MASTON AND KAMM RESIDENCE Date: 4/7/1995 Documentation: INSU-FORM, INC. COMPLY 24 User 2655 --------------------------------------------------------------------------- RESSIM RESULTS NOT CALCULATED GENERAL INFORMATION Compliance Method: Climate Zone: Conditioned Floor Area: Building Type: Building Front Orientation: Number of Dwelling Units: Number of Stories: Floor Construction Type: Total Conditioned Volume: Conditioned Footprint Area: Ground Floor Area: COMPLY 24 version 4.11 15 1354 sqft Single Fam Att 180 deg (S) 1 1 Slab on Grade 10832 cuft 1354 sqft 1354 sqft BUILDING ZONE INFORMATION Floor # of Vent Zone Name Area Volume Units Zone Type TStat Type Hgt Area ----------------------- ----- ------ ---------------- ------ --- ---- WHOLE HOUSE 1354 10832 1.00 Conditioned.Setback 2 n/a OPAQUE SURFACES.Act 'Solar Type Area U -Val Azm.Tilt Gains Form 3 Reference Location/Comments ZONE NAME = WHOLE HOUSE Wall 83 0.088 180. 90 Yes R-13 Wall (W.13.2x4.16) WHOLE HOUSE Door 20 0.387 180 90 Yes 'Solid Wood Door WHOLE HOUSE Wall 320 0.088 270 90 Yes R-13,Wall .(W.13.2x4.16).WHOLE HOUSE Wall 236 0.088 0 90 Yes R-13.Wall (W. 13..2x4.16). WHOLE HOUSE Wall 194 0..088 90 90 Yes. R-13'Wall '(W.13.2x4.16) WHOLE HOUSE Roof 1354 0'.028 180 22 Yes R=38 Roof (R. 38.2x14.16) WHOLE HOUSE -COMPUTER METHOD SUMMARY... C -2R page 11 of 13 Project Name: MASTON AND_RAMM RESIDENCE Date: 4/7/1995 Documentation: INSU-FORM, INC. ICOMPLY 24 User 2655 PERIMETER LOSSES F2 Insulation Type Length Factor R -Val '•Depth Location/Comments ZONE NAME = WHOLE HOUSE Exposed 70.0 0.90 0.0 0 in. WHOLE HOUSE Covered 170.0 0.72 0.0 0 in WHOLE HOUSE FENESTRATION SURFACES SC Act Glass # Type Area Frame Div U=Val Azm Tilt Only Location/Comments --------------- ----- ----- --- ----- --- ---- -=--- --------------------- ZONE NAME = WHOLE HOUSE 1 Wdw Front (S) 25.0 Metal No 0.87 180 90 0.88 WHOLE HOUSE 2 Wdw Left (W) 48.0 Metal No 0.87 270 90 0.88 WHOLE HOUSE 3 Wdw Back (N) 40.0 Metal.Yes 0.77 0 90 0.88 WHOLE HOUSE 4 Wdw Back (N) 20.0 Metal No 0.87 0 90 0..88 WHOLE HOUSE 5 Wdw Right (E) 22.0 Metal No 0.87 90 90 0.88 .WHOLE HOUSE 6 Wdw Right (E) 8.0 None Yes 0.72 90 90 1.00 WHOLE HOUSE INTERIOR & EXTERIOR SHADING # Type Interior Shade Type "SC Exterior Shade Type SC -- 1 ---- Wdw ----------------------- Light Blind ---- 0.58 ----------------------- Standard Bug Screen ---- 0.87 2 Wdw Light Blind 0.58 Standard Bug Screen 0.87 3 Wdw Light Blind 0.58 None -1.00 4 Wdw Light Blind .0.58 Standard Bug Screen 0.87 5 Wdw Light Blind 0.58 Standard Bug Screen 0.87 6 Wdw None 1.00 None 1.00 COMPUTER METHOD SUMMARY C -2R page 12 of 13 Project Name: MASTON AND,KAMM RESIDENCE Date: 4/7/1995 Documentation: INSU-FORM, INC. COMPLY 24 User 2655 ----------------------------------------------------- --------------- OVERHANGS/SIDE FINS --Window-- -----Overhang----- ---Left Fin--- ---Right Fin-- # Type Ht Wd Len Ht LExt RExt Dist Len Ht Dist Len Ht -- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 1 Wdw 5.0 5.0 2.0 0.1 2.0 2.0 2 Wdw 3.0 5.0 2.0 0.1 2.0 2.0 3 Wdw 6.0 6.0 6.0 0.1 6.0 6.0 4 Wdw 4.0 4.0 6.0 0.1 6.0 6.0 5 Wdw 4.0 3.0 2.0 0.1 2.0 2.0 6 Wdw 2.0 4.0 2.0 0.1 2.0 2.0 THERMAL MASS Area Thick Heat Inside Location Type (sf) (in) Cap Cond Form 3 Reference R -Val. Comments ------------- ---- ----- ----- --------------------------= ------ -------- ZONE NAME = WHOLE HOUSE Exposed Slab 205 3.50 28 0.98 n/a 0 Covered Slab 1149 :3.50 28 0.98 n/a 2 HVAC SYSTEMS Minimum Distrib Type Duct TStat System Type Efficiency and Location -RVal Type Location/Comments Furnace 0.800 AFUE Ducts in Attic 4.2 SetBck WHOLE HOUSE SpltAirCond10.000 SEER Ducts in Attic . 4.2 SetBck Water No. Tank Ext. WATER HEATING SYSTEMS Heater in Energy Size Insul System Name Distribution Type Type Sys Factor (gal) R -Val ----------------------- ------------------ ------- --= ------ ----- ----- Std Gas 50 gal or Less Standard StorGas 1 0.53 50.0 12.0 AFUE WATER HEATER EQUIPMENT DETAIL /Rec System Name System Type Eff ---------------------------------- ---- Std Gas 50 gal or.Less DomesticHW .0.780 SPECIAL FEATURES/REMARKS Rated Stdby Tank Pilot Input ----- Loss ----- R -Val Light 40000 0.040 ----- 0.0 ----- 0 --POINT SYSTEM SUMMARY P -2R page 13 of 13 Project Name: MASTON.AND-KAMM RESIDENCE Date: 4/7/1995 Documentation: INSU-FORM, INC. COMPLY 24 User 2655 --------------------------------------------------------------------------- BUILDING DATA Conditioned Floor Area 1354 sqft Number of Stories 1 Occupancy Type Single Fam Att SCORE CARD Measure Points ------------------------- 1. Roof Insulation ------- 0.0284 (U -Value) ------ 0 2. Wall Insulation 0.0885 (U -Value) -6 3. Raised Floor Insulation 0.0000 (U -Value) 3a. Controlled Vent Crawlspace 0.0 (R -Value) -> 0 4. Slab Edge Insulation 0.7725 .(f2 factor)_ 5. Infiltration Standard 0 6. Glass Heat Loss 0.84 12.0% 0 Sum 1-6 -6 7. Fenestration Heat Gain SC Orientation Area %Glass Open Eff SER North 60.0 4.4 'x 0.74 = 3.3 0.64 1 East 30.0 2.2 x 0.68 = 1.5 0.65 1 South 25.0 1.8 x 0.66 = 1.2 0.50 2 West 48.0 3.5 x 0.61 = 2.2 0.58 1 Skylight 0.0 0.0 x 0.00 = 0.0 0.00 0 8. Interior Thermal,Mass 2.22 0 9. Exterior Wall Mass 0.00 0 Sum 7-9 5 10. Heating System 1 Zonal Control: No 11. Cooling System 0 12. Water Heating = 0 Point Total: 0 RECORDATION *REQUESTED BY: PALM DESERT. NATIONAL BANK e 73-745 EL' PASEO P.O. BOX 1777 PALM DESERT, CA 92261 WHEN RECORDED MAIL TO: PALM'DESERT'NATIONAL BANK 73-745 EL PASEO P.O: BOX' 1777 , PALM DESERT, CA 92261 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY Palm DeSen N=tW Bank CONSTRUCTION TRUST,DEED THIS DEED OF TRUST IS DATED MAY 11, 1995, among -MARIA 'KAMM, A WIDOW, whose address is 628 FERN AVENUE, HOLTVILLE, CA 92250 (referred to below as "Trustor"); PALM DESERT NATIONAL BANK, whose address is 73-745 EL., PASEO, ':P.O.".. BOX 1777, • PALM'~ DESERT; CA 92261 (referred to below sometimes as "Lender" and sometimes as "Beneficiary.");land EL PASEO FINANCIAL, INC_., whose address is P.O. BOX 3453, PALM DESERT, CA. 92261 (referred to below as "Trustee"). CONVEYANCE AND GRANT. Foi valuable consideration, Trustor Irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, for the benefit of Lender' as Beneficlary, all of Trustor's right; title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements; rights of way, and appurtenances; all water, water rights and ditch rights" (including stock in utilities with ditch or.irrigation rights); and'•all other rights, royalties, and profits relating to the real property, including -,without. limitation all'mirierals, oil; gas,1geothermal,and similar,matters', located In Riverside County, State of California (the "Real Property"). LOT.91 OF DESERT, -CLUB MANOR TRACT "NO. 1, AS SHOWN'BY MAP ON FILE IN BOOK 22, PAGE 53 OF MAPS, RIVERSIDE COUNTY RECORDS, EXCEPTING THEREFROM -ALL STANDING, FLOWING, PERCOLATING OR,,OTHER ;WATERS IN OR UNDER SAID', PROPERTY, TOGETHER WITH THE RIGHT TO REMOVE SAME THROUGH UNDERGROUND CHANNELS BY MEANS OF WELLS OR TUNNELS ON OTHER ;PROPERTY, AS• RESERVED. IN 'DEED FROM THE DESERT CLUB, A CORPORATION, RECORDED OCTOBER .10, 1951 AS INSTRUMENT NO: 42514 The Real Property or_its address is commonly known as 78600 SAGUARO, LA QUINTA, CA 92253. The Assessor's Parcel Number for the Real Property is 646-312-041-1. Trustor,presently assigns to Lender,(also'known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property:and all Rentsfrom the Property. -This is an absolute assignment in the Rents given as additional Security pursuant to California Civil Code Section`2938.' In addition, Trustor grants Lender a Uniform Commercial Code security interest in the Rents and the Personal Property,defined below. DEFINITIONS. The following words shall have the following meanings when. used in this Deed,of Trust. Terms not otherwise defined in this Deed of Trust shall have the meaningsattributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. . , Beneflclary.- The word"Bene'ficiary"'means PALM DESERT NATIONAL BANK; its successors and assigns. PALM DESERT NATIONAL BANK also is referred to as "Lender" in'this Deed of Trust. Deed of.Trust. tTha words "Deed of Trust" mean this Deed of Trust among. Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property•and Rents. Guarantor. Theword Guarantor" means and includes without limitation any and•all guarantors,, sureties, and accommodation parties in connection with the Indebtedness. " Improvements. ,The word "Improvements" means and includes without limitation all existing; and future improvements, fixtures, buildings, structures, mobile -homes affixed. on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The woid "Indebtedness" means all principal and interest payable under the Note and any amounts expended or advanced by Lender .to discharge obligations of Trustor or expenses incurred by Trustee or -Lender to enforce obligations of Trustor under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. In addition to'the Note, the word "Indebtedness" includes all obligations, -debts -and liabilities, plus interest,thereon, of Trustor to Lerider,'or any one or more of them, as well as all claims by Lender against Trustor, or any one or- more 'of them, whether now existing' or hereafter arising; whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, absolute or contingent, liquidated or unliquidated and whether Trustor may be liable individually.or jointly with olhers,'whether obligated as guarantor or otherwise, and whether recovery upon such Indebtedness may be or 05-11-1995 DEED OF TRUST Page 2 Loan No 44263 (Continued) ti hereafter may become barred by any statute of limitations, and whether such Indebtedness may be or hereafter may become otherwise unenforceable. Lender. The word "Lender' means PALM DESERT NATIONAL BANK, its successors and assigns. Note. The word "Note" means the Note dated May 11, 1995; in the principal amount of $88,000.00 from Trustor to Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. The words "Personal Property" also include all tangible and intangible items obtained or owned by, or in the possession of Trustor that are directly or indirectly related to the acquisition, development, design, construction, permitting, marketing, or habitation of the Real Property or the Improvements to be constructed on the Real Property, whether heretofore or hereafter issued, prepared, or executed, including without limitation all permits, licenses, authorizations and approvals, trademarks and tradenames, and any and all land use entitlements, development rights, sewer capacity, approvals, density allocations and other rights or approvals relating to or authorizing the development or occupancy of the Property, plus all utility or other deposits, reimbursement rights, studies, tests, contracts, plans and specifications, relating to the Property and Improvements. Property. The word "Property' means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the property, interests and rights described above in the "Conveyance and Grant" section. Related Documents. The words "Related Documents" mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means EL PASEO FINANCIAL, INC. and any substitute or successor trustees. Trustor. The word "Trustor" means any and all persona and .entities executing this Deed of Trust, including without limitation all Trustors named above. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF TRUSTOR UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OBLIGATIONS OF TRUSTOR UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THE NOTE AND THIS DEED OF TRUST ARE GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts, secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (a) remain in possession and control of the Property, (b) use, operate or manage the Property, and (c) collect any Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms "hazardous waste," "hazardous substance; "disposal," "release," and "threatened release," as used in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et seq., Chapters 6.5 through 7.7 of Division 20 of the California Health and Safety Code, Section 25100, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by—products or any fraction thereof and asbestos. Trustor represents and warrants to Lender that: (a) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or about the Property; (b) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in writing, (i) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, or about the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances described above. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustors expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based on Trustors due diligence in investigating the Property for hazardous waste. Trustor hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnity and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or •threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnity, shall survive the Page 3 05-11-1995 DEED OF TRUST Loan No 44263 t (Continued) payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of *or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), soil, gravel or rock products without the prior written consent of Lender. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements,,Lender may require Trustor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. r Lender's Right to Enter. Lender and its agents and representatives -may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requiremeints. Trustor shall promptly comply with all laws,' ordinances, and regulations, now or hereafter In effect, of all governmental authorities applicable to the use. or occupancy of the Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold -compliance during any proceeding,t including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond; reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Trustor agrees neither to abandon nor. leave unattended the Property: Trustor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, -declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without the Lender's prior written consent,` of all or. any part of the Real. Property, or any interest in the Real Property. A 'sale or transfer" means the conveyance of. Real' Property or any right, title -or interest i therein; whether legal, beneficial or equitable; whether voluntary or involuntary; Whether by outright sale, deed, installment sale contract, land contract,. contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or- transfer. of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of Real -Property interest."If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock,partnership interests or limited - liability company interests, as the case maybe, of Trustor. However; this option shall not be exercised by Lender if such -exercise is prohibited by applicable law. , TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Deed of Trust. Payment. Trustor shall 'pay,when due (and in all events at least ten (10) days prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer); fines and impositions levied against or on account'of the Property, and shall pay when due all claims for work done on or for services rendered or'niatertal furnished to the Property. Trustor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust: . Right To Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good.faith dispute over the obligation to pay, so long as Lender's interest In the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor. has notice of the filing, secure the discharge of the lien, or if requested by Lender„deposit with Lender cash or a sufficient corporate surety bond'or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sate under the lien. In any contest,. Trustor shall defend itself and Lender and shall, satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to,deliver•to; Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Trustor shall notify Lender at least fifteen (15) days�befoie any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien; materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender,f_urnish to Lender advance assurances satisfactory to Lender that Trustor can and will pay the cost of such improvements., - PROPERTY DAMAGE INSURANCE. The+following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance.' Trustor shall. procure and maintain policies'of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements ,on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Notwithstanding the. foregoing, in no event shall ,Trustor be required to provide hazard insurance in excess of the replacement value of the improvements on the Real Property. Policies shall be written in form, amounts, coverages.and basis reasonably acceptable to Lender and issued by a company or companies reasonably. acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least fifieen:(15)Tdays' prior written, notice to Lender.=.Each'insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property; at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area; Trustor agrees;to obtain and maintain Federal Flood Insurance to the extent such insurance is required by Lender and is or becomes available, for the term of.the loan and for the full unpaid principal balance of the loan, or the maximum limit of coverage that is available, whichever is less. _ Application of Proceeds. Trustor shall promptly notifyLender of any loss or damage to the Property. Lender may make proof of loss if Trustor fails to do so within fifteen (15)•days of.the casualty., -If in Lender's sole judgment. Lender's security interest in the Property has been impaired, Lender may, at its election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property,.or the restoration and repair of the Property. If the proceeds are to be applied to restoration and repair,' Trustor shall repair or replace the damaged oi. destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure; pay or reimburse Trustor from the proceeds for.the reasonable cost of repair or restoration if Trustor is not in default under this Deed of Trust. Any -proceeds which have not been disbursed`wilhin 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of 05-11-1995 DEED OF TRUST Page 4 Loan No 44263 (Continued) Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds , any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as Trustor's interests may appear. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. EXPENDITURES BY LENDER. If Trustor fails to comply with any provision of this Deed of Trust, or if any action or proceeding is commenced that would materially affect Lender's interests in the Property, Lender on Trustor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (i) the term of any applicable insurance policy or (ii) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust. Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustors title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the acfion at Trustors expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders own choice, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust. Application of Net. Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments as may be requested by it from time to time to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (a) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (b) a specific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (c) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default (as defined below), and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Trustor either (a) pays the tax before it becomes delinquent, or (b) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust. Security Agreement. This instrument shall constitute a security agreement to the extent any of the Property constitutes furfures or other personal property, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lenders security interest in the Rents and Personal Property. Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default. Trustor shall assemble the Personal Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party), from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust. Further Assurances. At any time, and from time to lime, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lenders designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, 05-11-1995 DEED OF TRUST Page 5 Loan No 44263 (Continued) deeds of trust, security deeds,' security agreements, financing 'statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or`preserve, (a) the obligations of Trustor under the Note,'this Deed of Trust, and the Related Documents, and (b) the liens and security interests created by this Deed of Trust as first and prior liens on the Property,• whether now owned or hereafter acquired by Trustor. Unless prohibited by law or agreed to the contrary by Lender in writing, Trustor shall reimburse Lender for all costs and expenses incurred in connection with the matters'referred to in this paragraph. 41 Attorney -Intact. If Trustor fails to do any of the, things referred to in the.preceding paragraph, Lender may do so for and in the name of Trustor and at Trustors expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustors attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lenders sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the line of credit, and otherwise performs all the obligations Imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statemeot on file evidencing Lenders security interest in the Rents and the Personal Property. Lender may charge Trustor a reasonable reconveyance fee -at the time of reconveyance. DEFAULT. Each of the following; at the option of Lender, shall constitute an event of default ("Event of Default') under this Deed of Trust: Default on Indebtedness. •Failure of Trustor.to make any payment when, due on the Indebtedness. Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other, creditor or person that may materially affect any of Borrowers property or Borrowers or any Grantors•ability to repay the Loans or perform their respective obligations under this Deed of Trust or any of the Related Documents. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default,will have occurred) if Trustor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. A False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Trustor under this Deed of Trust, the Note or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustors property, any assignment for the benefit of creditors, any type of creditor workout_; or the commencement of any proceeding under any bankruptcy or - - --- - -- - - - - -- insolvency laws by or against Trustor. Foreclosure, • Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor- of Trustor or by any governmental agency against any of the Property. However, this subsection shall not apply in the event of a good faith dispute by Trustor as to the 'dalidity or reasonableness of the claim which is the basis of the foreclosure or forefeiture proceeding, provided that Trustor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. ` Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the, preceding' events occurs with respect to any Guarantor of any of the indebtedness or such Guarantor dies or becomes incompetent or any Guarantor revokes any guaranty oflhe Indebtedness. Lender, at its option, may, but shall not be required to, permit the Guarantors estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure the Event of Default. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Foreclosure by Sale. Upon an Event of Default under this Deed of Trust, Beneficiary may declare the entire Indebtedness secured by this Deed of Trust 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 the Property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, the Note, other documents requested by Trustee, and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, 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 the 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 in accordance with applicable law. Trustee shall deliver to such purchaser its deed conveying the Property so sold, but without 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; may purchase at such sale. Affer,deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of 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. Judicial Foreclosure. With respect to all or any part of the Real Property, Lender shall have the right in lieu of foreclosure by power of sale to foreclose by judicial foreclosure in'accordance with and to the full extent provided by California law.. UCC Remedies. With respect to all or any part of tha Personal Property, Lender shall'have'all the rights and remedies of a secured party under the Uniform Commercial Code, including without limitation the right to recoverany deficiency in the manner and to the full extent provided by California law. 05-11-1995 DEED OF TRUST Page 6 Loan No 44263 (Continued) Collect Rents. Lender shall have the right, without notice to Trustor, to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Trustor irrevocably designates Lender as Trustor's attorney—in—fact to endorse instruments received in payment thereof in the name of Trustor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Trustor, Trustor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least five (5) days before the time of the sale or disposition. Any sale of Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Trustor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy provided in this Deed of Trust, the Note, in any Related Document, or provided by law shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to perform shall not affect Lender's right to declare a default and to exercise any of its remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or -action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and on any appeal. Whether or not any court action is involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals and any an post—judgment collection services,the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust. Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Riverside County, California. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Trustor, the book and page where this Deed of Trust is recorded, and the'name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. NOTICES TO TRUSTOR AND OTHER PARTIES. Any notice under this Deed of Trust shall be in writing and shall be effective when actually delivered, or when deposited with a nationally recognized overnight courier, or, if mailed, shall be deemed effective when deposited in the United States mail first class, registered mail, postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. For notice purposes, Trustor agrees to keep Lender and Trustee Informed at all times of Trustar's current address. Each Trustor requests that copies of any notices of default and sale be directed to Trustor's address shown near the beginning of this Deed of Trust. STATEMENT OF OBLIGATION. Lender may collect a fee, in an amount not to exceed the statutory maximum, for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. "rs pry: i " 05-11-1995 -DEED OF TRUST Page 7 Loan No 44263 (Continued) MISCELLANEOUS PROVISIONSs •The following miscellaneous provisions are a part of this -Deed of Trust: zr .Fri?. te.. -,— Amendments. This Deed of Trust, together with any Related Documents, constitutes the'entire understanding and agreement of the parties as to the matters set forth in this Deed,'of Trust: 1No`alteration of or amendment to: 05-11-1995 DEED OF TRUST Page,8 Loan No 44263 (Continued) . (DO NOT RECORD) REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: , Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed. of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LASER PRO, Rog. U.S. Pat. 6 T.M. Off., Ver. 3.18 Cc) I SOS CFI ProServices, Inc. All rights reserved. ICA -001 KAMM.LN CS.OVLI