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9850 (SFD)Building 53_.940 Diaz Owner Larry Chamberlin Mailing Address same City Zip La Qui:ita 92253 Contractor Pinson Brothers & Ar Address 45-250 Smarr St. T4t4t P. 78-1050OX 1504 NCALLE ESTADO 9850 LA QUINTA, CALIFORNIA 92253 el. Indio 92201 347--3315 State Lic. City & Classif. 547097 Lic. # 1459 Arch., Engr., Designer Address Tel. r City IZip I State Lic. #.:..�Al r iF ; f �7 LICENSED CONTRACTOR'S DECLARATION I hereby affirm that 1 am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect. SIGNATURE DATE OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the Contractor's License Law for the following reason: (Sec. 7031.5,Busthess.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 file a signed statement that he Is licensed pursuant to the provisions of the Contractor's License Law, Chapter 9 (commencing with Section 7000) o/ Division 3 o/ the Business and Professions Code, or that. he is exempt therefrom, and the basis for the alleged exemption. Any vfolatan of Section 7031.5 by 'any applicant for a permit subjects the applicant to a ciw7 penally of not more than five hundred dollars ($500). ❑ 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. 7044, 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 o/ proving that he did not build or snprove for the purpose of sale.) 0 I, as owner of the property, am exclusively contracting with licensed contractors to con- - - struct the project. (Sec. 7044. Business and Professions Code: The Contractor's License- Law does not apply to an owner of property,who builds or improves thereon, and who contracts for I such projects with a contractor(s) licensed pursuant to the Contractor's License Law.) 0 1 am exempt under Sec B. & P.C. for this reason I' Date Owner WORKERS' COMPENSATION DECLARATION I hereby affirm that I have a certificate of consent to self -insure, or a certificate of Worker's Compensation Insurance, or a certified copy thereof. (Sec. 3800, Labor Code.) Policy No. Company .Copyis fi ed with the city. ❑ Certified copy is hereby furnished. CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE ' (This section need not be completed ff the permit is for one hundred dollars ($100) valuation or less.) - I certify that in the performance of thg 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. h; after making this Certificate o/ Exemption you should become subject to the Workers' Compensation provisions of the Labor Code, you must forthwith comply with such provisions or this pemrit shell be deemed revoked. CONSTRUCTION LENDING AGENCY Ihereby affirm that there is a construction lending agency for the performance of the work for which this permit is issued. (Sec. 3097, Civil Code.) Lender's Name Lender's Address 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 construction, 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 BUILDING: TYPE CONST. OCC: GRP. A.P. Number Legal Description Project Description SPD Sq. Ft. No. No. Dw. Size 17.0.0 Stories Units New ❑ Add ❑ Alter ❑ Repair ❑ Demolition ❑ Permit includes block. wall - Pool to be under separate permit 5timated' Valuation -100,080.00 PERMIT AMOUNT Plan Chk. Dep. '.' 250.00 Plan Chk. Bal. 297.73 Const. 643.00 Mech. 55.50 Electrical 131.40 Plumbing 165.00 S.M.I. 10.10 Grading 20.00 Driveway Enc. 20.00 Infrastructure 2142.81 I,rts in Public25.40 TOTAL 3760.54 3510.54 REMARKS (ti Q32 i.f.3k . M -i.7 -•9.f tt't lli lrHa�l'! 1 Wii9L 1 .1JIV..:?'t 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: CONSTRUCTION ESTIMATE NO. ELECTRICAL FEES NO. PLUMBING FEES 1ST FL. SO. FT. ® $ UNITS COLL. AREA 2ND FL. SO. FT. J ROUGH PLUMB. YARD SPKLR SYSTEM POR. SO. FT. ® MOBILEHOME SVC. BAR SINK GAR. SO. FT. ® POWER OUTLET ROOF DRAINS CAR P. SO. FT. DRAINAGE PIPING WALL SO. FT. GAS (ROUGH) DRINKING FOUNTAIN SO FT ® URINAL ESTIMATED CONSTRUCTION VALUATION $ GAS (FINAL) WATER PIPING NOTE: Not to be used as property tax valuation FLOOR DRAIN MECHANICAL FEES WATER HEATER WATER SOFTENER VENT SYSTEM FAN EVAP.COOL HOOD SIGN WASHER(AUTO)(DISH) APPLIANCE DRYER WATER SYSTEM GARBAGE DISPOSAL FURNACE UNIT WALL FLOOR SUSPENDED x$ =$ LAUNDRY TRAY AIR HANDLING UNIT CFM FINAL INSP. 2 7� KITCHEN SINK ABSORPTION SYSTEM B.T.U. TEMP USE PERMIT SVC WATER CLOSET' COMPRESSOR HP POLE, TEMIPERM LAVATORY HEATING SYSTEM FORCED GRAVITY AMPERES SERV ENT SHOWER BOILER B.T.U. SO. FT. ® c BATH TUB SO. FT. ® c WATER HEATER MAX. HEATER OUTPUT, B.T.U. SO. FT. RESID ® 1 Vi c SEWAGE DISPOSAL SO.FT.GAR ® 3Lc HOUSE SEWER GAR. FIREWALL GAS PIPING PERMIT FEE PERMIT FEE PERMIT FEE DBL TOTAL FEES MICRO FEE MECH.FEE PL.CK.FEE CONST. FEE ELECT. FEE SMI FEE PLUMB. FEE STRUCTURE PLUMBING ELECTRICAL HEATING & AIR COND. SOLAR SETBACK �(f !J� GROUND PLUMBING / UNDERGROUND A.C. UNIT COLL. AREA SLAB GRADE ��� 9l J ROUGH PLUMB. BONDING HEATING (ROUGH) STORAGE TANK FORMS SEWER OR SEPTIC TANK ROUGH WIRING DUCT WORK ROCK STORAGE FOUND. REINF. / / / [ GAS (ROUGH) METER LOOP HEATING (FINAL) OTHER APPJEOUIP. REINF. STEEL GAS (FINAL) TEMP. POLE GROUT WATER HEATER SERVICE FINAL INSP. BOND BEAM WATER SYSTEM GRADING cu. yd. $ plus x$ =$ LUMBER GR. FINAL INSP. 2 7� FRAMING 9/ FINAL INSP. ROOFING �0 VENTILATION y /,�' I /�per /,1 _ G� REMARKS: FIRE ZONE ROOFING FIREPLACE SPARK ARRESTOR c GAR. FIREWALL LATHING tpi'i N % MESH INSULATIONISOUND/ I FINISH GRADING FINAL INSPECTION CERT. OCC. FENCE FINAL INSPECTOR'S SIGNATURESIINITIALS GARDEN WALL FINAL Build Addri c&ty/ 4 4 Q, P.O. BOX 1504 7&105 CALLE ESTADO 11 LA QUINTA, CALIFORNIA 922 APPLICATION ONLY BUILDING: TYPE CONST., OCC: GRP. r UU4,r, r`Z—> 0--.) . "-� VftNI 1 aW�-, 1 -C-. A.P. Number _ City Zip Tel. 1--.A IoWN Legal Description Project Description Contractor Address - -Z -5 1 , City Zip Tel �-7� State Lic. & Classif. City Lic. # Sq. Ft. 1 Size 1 No. No. Dw. Stories:. Units Arch., Engr., , Designer New Add ❑ Alter O Repair O Demolition O Address Tel. City Zip State Lic. # LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 700fJ} o;!u iv'si n-nf the Business and Profe ions Code, and my license is in full force and eCt. /gyp I�� ( E DATE v OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the Contractor's License Law for the following reason: (Sec. 7031.5,Business end 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) of 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 of not more than five 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. 7044, 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 improve for the purpose of sale.) Estimated Valuation PERMIT AMOUNT Plan Chk. Dep. Plan Chk. Bal. Const. Mech. Electrical Plumbing ❑ I, as' owner of the property, am exclusively contracting with licensed contractors to con- struct the project. (Sec. 7044, Business and Professions 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) licensed pursuant to the Contractor's License Law.) ❑ 1 am exempt under Sec. B. & P.C. for this reason S.M.I. Grading Driveway Enc. Date Owner Infrastructur- magic a tf —Y — YQ i © L�ASFI 1 `,(] I t n WORKERS' COMPENSATION DECLARATION I hereby affirm that I have a certificate of consent to self -insure, or a certificate ofv Worker's Compensation Insurance, or a certified copy thereof. (Sec. 3800, Labor Code.) Policy No. Company - ❑ Copy is filed with the city. ❑ Certified copy is hereby furnished. TOTAL CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE REMARKS (This section need not be completed if the permit is for one hundred dollars ($100) valuation or less.) I certify that in the performance of thg work for which this permit is issued, I shall not employ any parson in any manner so as to become subject to the Workers' Compensation Laws of California. Date Owner NOTICE TO APPLICANT: If, after making this Certificate of 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. ZONE: BY: Minimum Setback Distances: Front Setback from Center Line Rear Setback from Rear Prop. Line CONSTRUCTION LENDING AGENCY Side Street Setback from Center Line I hereby affirm that there is a construction lending agency for the performance of the work for which this permit is issued. (Sec. 3097, Civil Code.) Side Setback from Property Line Lender's Name Lender's Address This is a building permit when properly filled out, signed and validated, and is subject to expiration it work thereunder is suspended for 180 days. FINAL DATE INSPECTOR 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 construction, and hereby authorize representatives -of this city to enter the above-. mentioned property for Inspection purposes. Issued by: Validated by: Date Permit Signature of applicant Date .Mailing Address Validation: City, State, Zip BUILDING DIVISION CONSTRUCTION ESTIMATE NO. ELECTRICAL FEES NO. PLUMBING FEES 1ST FL. SQ. FT. ® $ UNITS SLAB GRADE 2ND FL.' SQ. FT. BONDING YARD SPKLR SYSTEM STORAGE TANK MOBILEHOME SVC. BAR SINK POR. SQ. FT. ® DUCT WORK ROCK STORAGE GAR. SQ. FT. ® POWER OUTLET ROOF DRAINS CARP. SQ. FT. OTHER APP./EQUIP. DRAINAGE PIPING • WALL SQ. FT. TEMP. POLE DRINKING FOUNTAIN SQ FT ® GROUT URINAL ESTIMATED CONSTRUCTION VALUATION $ FINAL INSP. WATER PIPING NOTE: Not to be used as property tax valuation WATER SYSTEM FLOOR DRAIN MECHANICAL FEES _$ WATER SOFTENER VENT SYSTEM FAN EVAP.COOL HOOD SIGN WASH ER(AUTO)(DISH) APPLIANCE DRYER GARBAGE DISPOSAL FURNACE UNIT WALL FLOOR SUSPENDED LAUNDRY TRAY AIR HANDLING UNIT CFM KITCHEN SINK ABSORPTION SYSTEM. B.T.U. I TEMP USE PERMIT SVC WATER CLOSET COMPRESSOR HP POLE,TEMIPERM LAVATORY HEATING SYSTEM FORCED GRAVITY AMPERES SERV ENT SHOWER BOILER B.T.U. SO. FT. ® c BATH TUB SPARK ARRESTOR SO. FT. ® c WATER HEATER MAX. HEATER OUTPUT, B.T.U. SQ. FT. RESID ® 11/4 c SEWAGE DISPOSAL LATHING SO.FT.GAR ® 3/ac HOUSE SEWER MESH GAS PIPING PERMIT FEE PERMIT FEE PERMIT FEE DBL TOTAL FEES MICRO FEE MECH.FEE PL.CK.FEE CONST. FEE ELECT. FEE SMI FEE PLUMB. FEE STRUCTURE PLUMBING ELECTRICAL HEATING & AIR COND. SOLAR SETBACK GROUND PLUMBING UNDERGROUND A.C. UNIT COLL. AREA SLAB GRADE ROUGH PLUMB. BONDING HEATING (ROUGH) STORAGE TANK FORMS SEWER OR SEPTIC TANK ROUGH WIRING DUCT WORK ROCK STORAGE FOUND. REINF. GAS (ROUGH) METER LOOP HEATING (FINAL) OTHER APP./EQUIP. REINF. STEEL GAS (FINAL) TEMP. POLE GROUT WATER HEATER SERVICE FINAL INSP. BOND BEAM WATER SYSTEM GRADING cu. yd. $ plus x$ _$ LUMBER GR. FINAL INSP. FRAMING FINAL INSP. ROOFING REMARKS: VENTILATION FIRE ZONE ROOFING FIREPLACE SPARK ARRESTOR GAR. FIREWALL LATHING MESH INSULATION/SOUND FINISH GRADING FINAL INSPECTION CERT. OCC. FENCE FINAL INSPECTOR'S SIGNATURES/INITIALS GARDEN WALL FINAL 7d DESERT SANDS UNIFIED SCHOOL DISTRICT 82-879 Highway 111 NOTICE: Indio, CA 92201 Document Cannot Be Duplicated (619) 347-8631 Date 8/12/91 1 Type of Permit I La Quinta No. 110797 Permit # Log # Owner Name Larry Chamberlin No. 53-940 street Ave. Diaz City La Quinta zip 922M Study Area 111 APN # I Tract # I J Lot # Square Footage 11700 Type of DevelopmentSingle Family Residence No. of units 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 mobilehomes. 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 Fl—.5-8--1 X 1700 or $ 2,686.00 have been paid to D.S.0 S.D. for the property listed above and that building permits and/or Certificates of Occupancy for this square footage in this proposed project may now be issued. Fees Paid By Pinson Bros. & Arroyo Telephone Name on the check By James E. Lively l ' Assistant Superintendent, Business Services Fee collected /exe ted by Diana M. Allard r ter, � - • 2 Payment Received `�� r� = Signature Check No.°3362 Collector: Attach a copy of county or city plan check application form to district copy for all waivers. Embossed Original- Building DeptJApplicant Copy - Applicant/Receipt Copy - Accounting ` Or +,Y CALVIN C. KAMINSKAS i DAN RILEY Assistant Commissioner ' ^• Sealer. Weights & Measures (714) 275.3000 r (714) 275-3030 OFFICE OF .' . AGRICULTURAL COMMISSIONER JAMES O. WALLACE, Commissioner 83-612 Avenue 45 Suite 7 Indio, CA 92201 (619) 342-8291 DATE 91 CASE NO. IAC C3 91-1 DEVELOPER'S NAME: �\ Y\ ADDRESS : TELEPIIONS: (Gl9 ) 3y%- 3 11 3`/7- 2`1?Q " Zo k /,S- ' t zozA_ (A', 4 l 9 S C r< I. � A \j 9- V� Q A -z)- L-A Dear Developer: L (A (1,_A o, . 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. Agri cu al Commissioner's Office cc: ndio and Riverside Ilk4080 LEMON STREET, ROOM 19, RIVERSIDE, CALIFORNIA 92501 — FAX (714) 275-3012 0 RECORDATION REQUESTED BY: BANK OF THE DESERT, N.A. 81-790 HIGHWAY 111 INDIO, CA 92201 WHEN RECORDED MAIL TO: BANK OF THE DESERT, N.A. 81-790 HIGHWAY 111 INDIO, CA 92201 SEND TAX NOTICES TO: LARRY CHAMBERLAIN and JUDITH CHAMBERLAIN 49222 AVE. VISTA BONITA LA QUINTA, CA 92263 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY CONSTRUCTION TRUST DEED THIS DEED OF TRUST IS DATED JULY 12, 1991; among LARRY CHAMBERLAIN and JUDITH CHAMBERLAIN, HUSBAND AND WIFE AS JOINT TENANTS,.whose address is 49222 AVE. VISTA BONITA, LA QUINTA, CA 92253 (referred to below as "Trustor"); BANK OF THE DESERT, N.A., whose address is 81-790 HIGHWAY 111, INDIO, CA 92201 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, whose address is 3625 14TH ST., RIVERSIDE, CA 92502 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor Irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, for the benefit of Lender as Beneficiary, all of Trusloes 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 minerals, oil, gas, geothermal and similar matters, located In RIVERSIDE County, State of California (the "Real Prop""): LOT 15 IN BLOCK 200 OF UNIT NO. 19, SANTA CARMELITA AT VALE LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 19 PAGES 33 AND 34 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPT THEREFROM ONE -SIXTEENTH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN SAID LAND, AS RESERVED IN PATENT FROM THE STATE OF CALIFORNIA, RECORDED JULY 26, 1934 IN BOOK 182 PAGE 463 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. The Real Property or its address is commonly known as 53940 AVENIDA DIAZ, LA QUINTA, CA 92253. The Assessor's Parcel Number for the Real Property is 774-152-010-6. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustors right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. 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 meanings attributed 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. Beneficiary. The word 'Beneficiary' means BANK OF. THE DESERT_, NA., Its successors and assigns.. BANK OF THE DESERT, NA. also Is referred to as Under' in ihis Deed of Trust. Deed of Trust. The words 'Deed of Trust' mean this Deed of Trust among Trustor, Lander, and Trustee, and includes without limitation all assignment and security Interest provisions relating to the Personal Property and Rents. Guarantor. The word 'Guarantor* means and includes without limitation, each and all of the 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 and other construction on the Real Property. Indebtedness. The word "Indebtedness' means all principal and Interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Truslor or expenses incurred by Trustee or Lender to enforce obligations of Trustor under ibis Deed of Trust, together with Interest on such amounts as provided In this Deed of Trust. Lender. The word tender means BANK OF THE DESERT, NA., Its successors and assigns. Note. The word "Note" means the Note dated July 12, 1991, In the principal amount of $117,750.00 from Trustor to Lender, together with all renewals, extenslons, modifications, refinancings, and substitutions for the Note. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property' mean all equipment, fixtures, and other adlcW of personal property now or hereafter owned by Truslor, 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'lndirectly 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, guaranties, security agreements, mortgages, deeds of trust, and. all othar.Instruments and documents, whether now or hereafter existing, executed In connection with Trustors Indebtedness to Lender. Rents. The word "Rents' means all present and future rents, revenues, Income,.lssues. royalties, profits, and other benefits derived from the Property. Trustee. The word 'Trusted" means FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation and any substitute or successor trustees. Trustor. The word Trustor' means any and all persons and entitles executing this Deed of Trust, including without limitation all Trustors named 07-12-1991 DEED OF TRUST - Page 2 Loan No 82703957 (Continued) 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 Trustors obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustors possession and use of the Property shall be governed by the following provisions: Possession and Use. Unfit the occurrence of an Event of Default. Trustor may (a) remain In possession and control of the Properly, (b) use, operate or manage the Property, and (c) collect any Rents from the Property. Duty to Malnlaln. 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 Tazardous waste; "hazardous substance,' "d(sposal," 'relsaw, 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, at 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, at seq., Chapters 6.5 through 7.7 of Division 20 of the California Health and Safety Code, Section 25100, at seq., or other applicable slate or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. Trustor represents and warrants to Lender that: (a) During the period of Trustors 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 penton 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, (1) 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 (it) any actual or threatened litigation or calms of any kind by any person relating to such matters. (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, generale, manufacture, store, Deal, dispose of, or release any hazardous waste or substance on, under, or about the Property and (it) any such activity shall be conducted In compliance with all applicable federal, stale, and local laws, regulations and ordinances, Including without limitation those laws, regulations, and ordinances described above. Truslor authorizes lender and Its agents to enter upon the Properly to make such Inspections and tests as Lander may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any Inspections or tests made by Lender shell be for Lenders 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 Truslors due diligence In Investigating the Property for hazardous waste. Trustor hereby (a) releases and waives any future claims against Lander 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 Trusloes ownership or Interest In the Property, whether or not the same was or should have been known lo' Trustor. The provisions of this section of the Deed of Trust, Including the obligation to Indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyanoe 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. Specifically without limitation, Trustor will not remove, or grant to any other party the right to remove, any Umber, 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 Lander to replace such Improvements with Improvements of at least equal value. 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 Trustors compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. 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, Including appropriate appeals, so long as Truslor has notified Lender In writing prior to doing so and so long as Lenders 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 Landers 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 Lenders 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 therein; whether legal or equitable; whether voluntary or Involuntary; whether by outright sale, dead, Installment sale contract, land contract, contract for dead, 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 or partnership, transfer also Includes any change In ownership of more than twenty-five percent (25%) of the voting stock or partnership Interests, as the case may be, of Trustor. However, this option shall not be exercised by Lender 11 such exercise Is prohibited by applicable law... TAXES AND LIENS. The following provisions relating to the taxes and Boris 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 material furnished to the Property. Trustor shall maintain the Property tree of all liens having priority over or equal to the Interest of Lender under this Deed of Trust, except for the Gen 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 Lenders interest In the Property is not jeopardized. If alien arises or Is filed as a result of nonpayment, Trustor shall within fifteen i (15) days atter 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 Ihal could accrue as a result of a foreclosure or sale under the lien. In any contest. Trustor shall defend Itself and Lender and stall 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 notity Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, 0 any mechanic's Gen, malerialmen's lien, or other Gen could be asserted on account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lander 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 07-12-1991 DEED OF TRUST Page 3 Load No 02703957 (Continued) 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.' The Real Property Is located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Trustor agrees to obtain Federal Flood Insurance to the extent such Insurance Is required and Is available for the term of the loan and for the full unpaid principal balance of the loan. 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 ten (10) days' prior written notice to Lender. Application of Proceeft Trustor shall promptly nobly Lender of any lass or damage to the Property. Lender may make proof of loss If Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is Impaired, Lender may, at its election, receive and retain the proceeds 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 Lender elects to apply the proceeds to restoration and repair, Truslor shall repair or replace the damaged or 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 0 Trustor Is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 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 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 Truslor as Trustors Interests may appy 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 We 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 falls 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 Trustors 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 dale Incurred or paid by Lender to the date of repayment by Trustor. Ali 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 (1) the term of any applicable insurance policy or (it) 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 delaull. 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. Tllle. Truslor warrants that: (a) Trustor holds good and marketable bile 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 bile opinion Issued In favor of, and accepted by, tender In connection with this Deed of Trust, and (b) Truslor has the lull 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 file or the Interest of Trustee or Lender under this Deed of Trust. Trustor shall defend the action 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 taws. Trustor warrants that the Property and Trustors 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 shag. mean the award alter payment of all reasonable costs, expenses, and attorneys' fees necessarily paid or Incurred by Trustor, Trustee or Lender In connection with the condemnation. Proceedings. If any proceeding In condemnation Is filed, Trustor shelf 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 proc6eding 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 lake whatever other action is requested by Lender to perfect and continue tenders 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 TrusL Taxes. The following shag 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 Truslor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (c) a lax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (d) a specific lax 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 Truslor 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 fixtures 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 Truslor 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; ATTORNI V—IN-FACT. The following provisions relating to further assurances and afforney4n-4act are a part of this Deed of Trust. Further Assurances. At any time, and from time to time, 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, 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 It! writing, Trustor shall reimburse Lender for all costs and expenses Incurred In connection with the matters referred to In this paragraph. Attorney74n-Fact. 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 aftorney4n-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 07-12-1991 , J DEED OF TRUST Page 4 Loatt No 02703957 . (Continued) matters referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when due, terminates the One 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 statement 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 Defouti') 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 Truslor within the time required by this Deed of Trust to make any payment for taxes or Insurance, or any other payment regesswy to prevent filing of or to effect discharge of any lien. 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 It 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) it Truslor, after tender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more khan 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. Breaches. Any warranty, representation or statement made or furnished to Lender by or on behalf of Truslor under this Deed of Trust, the Note or the Related Documents is, or at the Oma made or furnished was, false In any material respect. Insolvency. The Insolvency of Trustor, appointment of a receiver for any part of Trustors property, any assignment for the benefit of creditors, the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Trustor, or the dissolution or termination of Trustors existence as a going business (if Trustor is a business). Except to the extent prohibited by federal law or California law, the death of Truslor (if Trustor Is an Individual) also shall constitute an Event of Default under this Deed of Trust. Foreclosure, etc. Commencement of foreclosure, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Trustor against any of the Property. However, this subsection shall not apply In the event of a good faith dispute by Trustor as to the validity or reasonableness of the claim which is the basis of the foreclosure, 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 of the 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 dead 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. After deducting all costs, fees and expenses of Trustee and of this Trust, Including cost of evidence of 011e 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 the 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 recover any deficiency In the manner and to the full extent provided by California law. Collect Renta 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 Lenders 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, than Truslor Irrevocably designates Lender as Trustors attorney-In4act 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 Lendoes 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. Lenders 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 Lenders 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 lime 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 padys 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 lake action to perform an obligation of Trustor under this Deed of Trust after failure of Trustor to perform shall not affect Lenders 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' fess at trial and on any appeal. Whether or not any court action is Involved, all reasonable expenses Incurred by Lender which In Lenders 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, Lenders attorneys' lees whether or not there Is a lawsuit, Including attorneys' fees for bankruptcy proceedings (including efforts to modify or 07-12-1991 DEED OF TRUST Page 5 Loan No 02703957 (Continued) vacate any automatic stay or Injunction), appeals and any anticipated post -judgment collection services, the cost of searching records, obtaining Title reports (Including foreclosure reports), surveyors' reports, appraisal foes, fills 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 provislons.retating 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 Properly, 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 ponding sale under any other trust deed or fien, 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 tender shall have the right to foreclose by judicial foreclosure. In either case In accordance with and to the full extent provided by applicable law. Succesaor Trustee. Lender, at Lenders 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, if mailed, shall be deemed effective when deposited In the United States mail foal 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. Ali copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lenders 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 Trustors current address. Each Trustor requests that copies of any notices of default and sale be directed to Trustors 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. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: 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. No alteration of or amendment to this Deed of Trust shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, Is made a public record as provided by law. Applicable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State of California. This Deed of Trust shall be governed by and construed In accordance with the laws of the State of Callfornis. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate In the Property at any time held by or for the benefit of Lender In any capacity, without the written consent of Lender. Multiple Parties. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor. This means that each of the persons signing below is responsible for all obligations In this Deed of Trust. Severablllty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Invalid or unenforceable as to any person or circumstance, such finding shall not render that provision Invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, It shall be stricken and all other provisions of this Deed of Trust In all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the limitations stated In this Deed of Trust on transfer of Trustors Interest, this Deed of Trust shall be binding upon and Inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person other than Truslor, Lender, without notice to Trustor, may deal with Truslors successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is,of the Essence. Time Is of the essence In the performance of this Deed of Trust. Waivers and Consents. Lender shall not be deemed to have waived any rights under this Deed of Trust (or under the Related Documents) unless such waiver Is In writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this peed of Trust shall not constitute a waiver of or prejudice the party s right otherwise to demand strict compliance with that provision or any other provision. 'No prior waiver by lender, nor any course of dealing between Lender and Trustor, shall constitute a waiver of any of tenders rights or any of Trusloes obligations as to any future transactions. Whenever consent by Lender is required In this Deed of Trust, the granting of such consent by Lender In any Instance shall not constitute continuing consent to subsequent Instances where such consent Is required. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO ITS TERMS, INCLUDING THE VARI RATE PROVISIONS OF THE NOTE SECURED BY THIS DEED OF TRUST. TRUSTOR• , X X Y CHISERLAIN 0QDITH CHAMBERLAIN 07-12-1991 DEED OF TRUST Page 6 Loan No 02703957 (Continued) l INDIVIDUAL ACKNOWLEDG QIP OFFICIAL SM STATE OF ELENA H. LOPEZ �� IgTAAY PUBLIC—LALlFOfIN1A � ��I& PrIWWAL OFFICEIN NVEASIOECOUNTY OF_) M1 tw,inus.loe tiipaes Dec. 28. 1993 - y�w��..w-wgwwiw♦w�rwr-�+Mw�� a On / / �j L� l( before me, r � �yh ��' personal appear d Y CHAMBERLAIN and JUDITH CHAMBERLAIN, personally known to me (or proved to me on the basis of satisfactory evidence to be tg persons whose names are subscribed to this Deed of Trust and acknowledged to me that they executed the same In their authorized capacities, and that by thea signatures on this Deed of Trust they, or the entity upon behalf of which they acted, executed this Dead of Trust. WITNESS my hand and official seal. Signature (Seal) (DO NOT RECORD) REQUEST FOR FULL RECONVEYANCE (ro 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 teed 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 0state. now held.by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: its: LASER PRO Jim) ver. 3.13&(c) I got CFI Banker& Service Group, Inc. All rights rossrveo. ICA -010 F3.13 P3 13 02703ab7.L N) **.�7 Ur OW joy"w P.O: sox IN4 It "S CALLE nTADO LA OUINTA. CAUFONNIA.UM ContractorQ�. 410 Owner .o Z9 R4 // s7 Address P/,� �"d _�,y„-, % Job Address s3- 9,�_�fia2 La Quinta City License No.: Expires: Bldg. permit No.: This form shall be postedon the job with the building Inspection Card and it shall be the duty of the General Contractor or if Owner -builder permit, the owner to see that all sub -contractors sign this card, giving his City of La Quints Business License Humber, Contractors License Humber and a current certificate of Workman's Compensation Insurance Certificate when he starts the ob. Fai ure to comply may cause Building Inspectors to stop work, or complaints to be filed against such contractors or•owners. CITY CONT. SUB -CONTRACTORS NAME LIC. NO. EXPIRES LIC. NO. EXPIRE: 1.- - Grade i Excavatecavato Al 2. 3. 4. S. 6. 7. 8. 9.. ll. L2. 13. 14. L5. 16. 17.. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Pipelines Cement -Foundations Cement Walks t Drives Asphalt Paving U - Framing Steel Structural Masonry • B Plumbing :i /ZilrAorr Lathing Drywall Plastering 3 ._ HVAC •^ '. �Qrn" Electrical r) Roofing, Sheet Metal 417" 6 o,.,v Floors -All Types Glass - Glazing Insulation /Weatherstrip,M_!j11LF rn_i1At f - 3r 91 Sewage Disposal Q Painting/Decoratin 9 Tile Cabinets -Installations ��r7 Ornamental Metal Fences/Blockwalls Landscaping Others 55'?0'2 DO NOT REMOVE THIS CARD Before Final Building Inspection Will Be Made This Form Must Be Completed and Filed With Title 24 Calcs and Plans