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10-1021 (DEMO)P.O. BOX 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 `&4,4.40" BUILDING & SAFETY DEPARTMENT BUILDING PERMIT VOICE (760) 77777012 FAX (760) 777-7011 INSPECTIONS (760) 777-7153 Date: 9/30/10 Application Number: '' 10-00001021—. Owner: Property Address: +80067 WESTWARD_ HO DR INDIAN SPRINGS GOLF CLUB LLC APN: 600-070-010- - - 79940 WESTWARD HO DR Application description: DEMO - COMML/OTHER INDIO, CA 92201 1 Property Zoning: Application valuation: GOLF COURSE � 0 ----------'--------- ------- � _,.r-�-- `� ? r An ' O 2 �U P, Contractor: S. J Applicant: Architect or Engineer. Owner - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - LICENSED CONTRACTOR'S DECLARATION hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professionals Code, and my License is in full force and effect. License Class: License No.: Date: Contractor: OWNER -BUILDER DECLARATION I hereby affirm under penalty of perjury that I am exempt from the Contractor's State License Law for the following reason (Sec. 7031.5, Business and Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance; also requires the applicant for the . permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractor's State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by a`nyapplicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500).: (lC ) I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and T~ the structure is not intended or offered for.sale,(Sec. 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon, and who does the work himself or herself through his or her own employees, provided that the 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 or she did not build or improve for the purpose of sale.). (_) I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of - property who builds or improves thereon; and who contracts for the projects with a contractor(s) licensed pursuant to•the Contractors' State License Law.).I—) I am exempt under Sec. , B.&P.C. for this reason Date•._ �� wrier: v � CONSTRUCTION LENDING AGENCY I hereVj affirmunderpenalty of perjury that there is a construction lending agency for the performance of the - wor'for, whichthis permit is issued (Sec. 3097, Civ: C.). ^ Lenp "s Name: a Lenitller's Address: r Y � ' LQPERMIT WORKER'S COMPENSATION DECLARATION I hereby affirm under penalty of perjury one of the following declarations: _ I have and will maintain a certificate of consent to self -insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. - _ 1 have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. My workers' compensation insurance carrier and policy number are: Carrier Policy Number 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, andagree that, if I should become subject t the workers' ompen ion provisions of Section 3700 of the Labor Code, I shall f wi o rose sions. /Da : licant: . . 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. - APPLICANT ACKNOWLEDGEMENT IMPORTANT Application is hereby made to the Director of Building and Safety for a permit subject to the conditions and restrictions set forth on this application. 1. Each person upon whose behalf this application is made, each person at whose request and for -- ' whosebenefit work 'isperformed under or pursuant to any permit issued as-a,result of this application, the owner, and the applicant, each agrees to, and shall defend, indemnify and hold harmless the City of La Quinta, its officers, agents and employees for any'act or omission related to the work being performed under or following issuance of this permit. " 2. Any permit issued as a result of this application becomes null and void if work is not commenced within 180 days from date of issuance of such permit, or cessation of work for 180 days will subject permit to cancellation. 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 constructiot�a.�e� n, esentatives oft - coun? to ter upon the above-mentioned property for-inspectio Es.� ate:ure (Applicant or Agent): Application Number . . . 10-00001021 Permit DEMO PERMIT Additional desc Permit Fee .-. . . 45.00 Plan Check Fee 00 Issue DateValuation . . 0 Expiration Date 3/29/11 Qty Unit Charge Per Extension BASE. FEE. "-=---------------- 45.00 _------ ------------------------------------ Special Notes and Comments ----------------- DEMO CART BARN & CHAIN LINK FENCING TO BARE GROUND (REMOVE SLAB)TO RESOLVE CODE CASE. Fee summary Charged. Paid Credited Due Permit Fee Total 45.'00 .00_ .00 45.00 Plan Check Total .00 .00 .00 .00 . Grand Total 45.00 .00 .00 45.00 LQPERMIT ti 'A; 41TY OF LA QUINTA - PUBLIC WORKS DEPARTMENT GREEN SHEET PUBLIC WORKS CLEARANCE FOR RELEASE OF BUILDING PERMIT Form updated & effective 9/2512009 Green Sheet approvals are forwarded to the Building & Safety Department directly by Publ c Works. Please DO NOT submit the Green Sheet (Public Works Clearance) Packet to the Public Works Department until ALL requirements listed below are complete. Incomplete applications or applications which cannot be processed will be returned to applicant. Date: Developer: �N�/ / .✓ G� G��1GL 6113 Tract No.: Tract Name: Lot No.(4 — 0.70 "D� rJO" 067 tyC7�Cvflt��j /7b�R _ oL c=� G� Phone Number: (760 )2-00-(F!pt Address(s): - The following are the requirements for Public Works Clearance to authorize issuance of a building permit from the Building & Safety Department: ❖ CUSTOM HOMES: PROVIDE ITEMS #2 #3, #4. #5 & #7 BELOW RECEIVEr' ❖ TRACT HOMES: PROVIDE ITEMS #1, #2, #3 & #5 BELOW Ep 2 7 201 ❖ COMMERCIAL BUILDINGS/OTHER PROVIDE ITEMS 41, #2, #3, #5.& #7 BELOVI� ❖ WALLS SIGNS OTHER: PROVIDE ITEM #6 BELOW ment 5en►ic 1. Attach Pad Elevation Certificates in compliance with the approved design elRMAN building pad (maximum allowable deviation of +/- 0.1 foot). Pad Elevation Certificates must be current (within 6 months of current date). If a precise grading plan creates the pad for approval, please withhold green sheet submittal until a Pad Elevation Certificate can be provided. 2. Attach geotechnical certification of grading plan compliance including compaction reports from a licensed Soils Engineer. Recently rough graded residential developments which have a previcusly approved geotechnical certification are exempt from this requirement. 3. Attach recorded final map or title information/grant deed showing proposed building locations are legal lots. 4. Complete the attached<1 acre per lot or infill project Fugitive Dust Control project information form, PM10 plan & agreement or provide alternative & valid City approved PM10 plan set reference number or hard copy plan. PM10 plans for commercial & residential developments (beyond 1 lot) are submitted separately with grading plans & are subject to additional requirements. A current PM10 certification number is requ red. 5. Attach a copy of the rough or precise grading plan to the Public Works Departmen-: showing building location(s) for pad elevation verification. AO flood zone developments will require an approved food plain development plan. 6. Attach supporting documentation for wall plan, monument sign, grease trap or specie.l facility installations. 7. Complete and sign the attached water quality management plan (WQMP) exemption form, if applicable. PW approved building construction projects require either a WQMP or a completed WQMP exemption form. Approved maps/plans may be viewed at the following link: htti)://www.la-guinta.or-q/PlanCherk/m search.aspx I have reviewed and confirmed the requirements listed above as presented and find the improvements to be sufficiently complete for construction. of the proposed buildings/structures/walls/signs on the subject logs). Pursuant to my findings, the above project may be released for building permit issuance. This section completed by City staff. Recommended by: Date: Public Works Distribution: Green Sheet to Building & Safety ( ) Green Sheet to Planning Department Declined for approval for reason(s) as follow(s), please correct and resubmit: RECEIVED T:\Checklists - Fonns & Applications\Fonns & Applications\GREEN SHEET cover & PM10 less than 1 Acre Revised 9-25-09.doc SEP 2 v 2010 Development Services City of La Quinta - PM10 Fugitive Dust Control Project Information Construction Phase PM10 Agreement M acre/lot or Infill Project) Project Information Project Contractor: Project Phase (check one) Construction Demolition � Project Name: 0101-50OZI 'J�/ OLI 7?OJ / �,,� Project Tract/Lot Numbers: 66041 -d-70'c)10 �.'�� ho �� Project Street Address: Total Acres in Active Construction (<1 acre per Lot): Anticipated Start Date: /�/� Anticipated Completion Date: PM10 Contact Information Please note: Dust control is required 24 hours a day, 7 days a week, regardless of construction status. Person listed below is responsible for.dust control during business and non -business hours. Name: L,O'-RE,%CJ L W �C Title: Go✓a2I� Company Name: AA) f r/ e --f 4/70«. v MailingAddress: t 77 - 9T O� to 'b2 City, State, ZIP Code: —TV --?>/c7 &/I 2 --LO Pri mary Phone M e9 (moo- 00 - Fax #: 6 � _y2- X13 I 24 Hour Emergency Phone#: 2 Cell Phone #: Email Address: E`"/f '�xj 601, PM10 Certificate M 08 2 - Z 7 _J The above stated property owner (or authorized representative): ❖ Shall act as his/her acknowledgement of dust control requirements and their enforceability, pursuant to SCAQMD Rules 403, 403.1, 401, 402, 201, 203 and PERP; ❖ Shall constitute an Agreement to comply with all project conditions as identified in the approved dust control plan. ❖ Acknowledges that dust control is required twenty-four (24) hours a day, seven (7) days a week, throughout the period of project performance, regardless of project size or status; ❖ Shall ensure that each and every contractor, subcontractor and all other persons associated with the project shall be in continuous compliance with all requirements of the approved dust'control plan; ❖ Shall take all necessary precautions to minimize dust, even if additional measures beyond those listed in the dust control plan are necessary; ❖ Shall authorize representatives of City/County to enter the property for inspection and/or abatement purposes; ❖ Shall hold harmless the City/County and its representatives from liability for any actions related to this dust control plan or any City/Coqt initiatecL abatement activities. 712- Z /2-0/ o Cinnnfora f Prnn'Prtv ()nPr nr Atrthnri7ed Renresentative Date TAChecklists - Forms & Applications\Fonns & Applications\GREEN SHEET cover & PM10 less than 1 Acre Revised 9-25-09.doc Sep 28 2010 3:55PM ENVIROCHECK'INC 7149370755 p.2 ENV/ROCHECK, //VC. 2211 West Orangewood Avenue Orange, CA 92868 NVLAP LAB CODE: 200548-0 Asbestos Laboratory Test Report ; Sample Reception Date: '011108. Customer: Insulated Concrete Buildings Job Location: Indian Springs Gold Club Attention: Jon Foster Intersection of Jefferson & Westwood Ho 77775 Jackal Drive, Suite# G La Quinta, CA 92253 . Palm Desert, CA 92211 Sample No. 1 2 3 4 5 6 Asbestos No No No No No No Amount N.D. N.D. N.D. N.D. N.D. N.D. ` Type Location Roof Roof Roof Roof Roof Roof . of Storage of Storage of Storage of Storage of Storage of Storage Building Building Building Building Building Building Material Mop Mop Mop Mop Mop Rolled ' Mud Mud Mud . Mud Mud Roofing Materials Color Black Black Black Black Black Black & White Sub - samples Norte None None None None None Homo- geneous Yes Yes Yes Yes Yes No minerals x x x x x x Calcite x Cellulose 0% <1% <1% 0% 35% Plastic Paint Gypsum Fibrous Glass 0% <1% Tar x x x x x z Other 1 Other 2 Method Departures None None None None None None Analyst:f oot-r, Date Analyzed: 10/1/2008 Samples were analyzed by the "Interim Method for the Determination of Asbestos in Bulk Insulation Samples", EPA -600/M4- 82-020, and EPA/600/R-93/116. The limit of defection for asbestos is <1% by weight, and the limit of quantification is 1.0% or greater by weight The State of California defines an asbestos containing construction material as having 0.1% asbestos or more by weight All samples are disposed of within 30 days unless the customer requests otherwise. This report shall not be reproduced except in full, without the written approval of the laboratory, This report must not be used by the client to claim product certification, approval; or endorsement by NVLAP, NIST, or any agency of the federal government. Test results relate only to the items tested. Samples having no asbestos detected by Pt_M may test positive by TEM analysis. ENVIROCHECK, INC. Tel: 714-937-0750 FAX 714/937-0755 rage i of 1 Pages Sep 28 2010 3:55PM ENVIROCHECK INC 7149370755 p.3 ENV1 INCA Asbestos Testing Lead Testing ♦ Microbial Testing # Management # Analysis # Environmental Assessment ASBESTOS SURVEY Insulated Concrete Buildings Attn: Jon Foster :77775 Jackal Drive, Suite# G Palm Desert, CA 92211 Report Date: October 9, 2008 Subject Property: Indian Springs Gold Club Intersection of Jefferson & Westward Ho La Quinta, CA 92253 Inspection Date: September 30, 2008 1.0 INTRODUCTION This report presents the analytical results of the Limited Asbestos Survey performed on the subject property listed above by Envirocheck, Inc. 2.0 LIMITATIONS The findings set forth in this report are strictly limited to the time, date and scope; of the investigation. The results presented in this report are based on the analytical testing performed by the certified laboratory. The results from the sampled locations are representative of the entire homogeneous materiaUareas and not just the locations sampled. According to AHERA, 40 CFR,'763.87 (c)(1),(2) - A homogeneous area is considered not to be Asbestos Containing Material (ACM) only when all required samples collected from a homogeneous area indicate levels below regulated limits and a homogeneous area is considered ACM when _ at least one of the required samples collected indicates levels above regulated limits. This report does not guarantee that all inaccessible, hidden, or indistinguishable materials will be identified or sampled. Samples were limited to the materials and locations listed On the chain of custody. Materials/areas that were not sampled shall be presumed to be asbestos containing until proven otherwise by appropriate sampling procedures. Square footages are estimates only and should not be used for bidding purposes. 3.0 SAMPLING PROTOCOL AND TEST METHODS The purpose of this Limited Asbestos Bulk Survey is as follows: • The facility was inspected for the presence of suspect ACM and PACM where demolition or renovation operations will occur. • Envirocheck personnel identified all accessible and recognizable types of suspect ACM and PACM. • Asbestos testing was performed by Nicholas Wells, CSST Number 08-4409 of Envirocheck, on 09/30/08. • The samples were submitted to Envirocheck's in-house `laboratory, located at 2211 W.� Orangewood Avenue, Orange, CA 92868, (800) 665-7586. • Envirocheck, Inc. NVLAP #200548-0 • The inspector performed an inspection for suspect asbestos containing materials listed above following the provisions of 40 CFR Part 763.86. • The Inspector is Cal/OSHA certified and shall conform to procedures outliied in the EPA Building Inspector Course. 2211 West Orangewood Ave *Orange, CA 928680 Telephone. -(800)665-7586 # Fax: (710891-3922 Sep 28 2010 3:55PM A EN.VIROCHECK`INC 7149370755 p.4 • AHERA (Asbestos Hazard Emergency Response Act) sampling methods and protocols were used. • Each asbestos sample collected was analyzed utilizing the Method specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy (PLM) Method by a NVLAP Certified Laboratory. ' 4.0 EXECUTIVE SUMMARY 4.1 Limited Asbestos Bulk Suryey The sampled materials that exceeded the EPA level of 1% and the Cal -OSHA level 0.1% for asbestos content were: t • None Detected Table4.2 Negative Results Material: Location Mop Mud Roof of Storage Building Rolled Roofing Materials Roof of Storage Building 5.0 STATEMENT OF QUALIFICATIONS LABORATORY ACCREDITATION Envirocheck, Inc. is a fully accredited and certified laboratory, maintaining proper State and Federal licenses, permits and certifications. Our employees receive through training in project management, supervision, inspection and asbestos abatement training. Continuing education is maintained through programs designated to renew certification and to work with special supervisory and management needs. Corporate accreditation and credentials are earned by proven proficiency through a number of independent audits and investigation. Since their inception, Envirocheck, Inc. has consistently been awarded all credentials and accreditation sought. NISTJN VLAP Nation Institute of Standards and Technology National Voluntary Laboratory Accreditation Program ' Lab # 200548-0 ' Accuracy of Polarized Light Microscopy (bulk) analysis is evaluated by participation in NIST's National Voluntary Laboratory Accreditation Program (NVLAP). Ai ERA requires NVLAP accreditation for bulk asbestos analysis (by PLM) performed during school building surveys. NIST, formerly NBS-National Bureau of Standards, primarily focuses on development and establishment of quality control standards for laboratories. MST ensures that standards are met.through a thorough accreditation process. Accreditation for laboratories performing analysis of bulk materials for the presence of asbestos is awarded after the laboratory successfully passes an on-site inspection, during which the facility, technicians, processes and record-keeping are carefully evaluated. Additionally, each quarter, the laboratory must successfully analyze audit bulk material samples for the presence, type and percentage of asbestos. 2211 West Orangewood Ave ♦Orange, CA 92868 0 Telephone: (800)665-7586 ♦ F=:(714)891-3922 Sep 28 2010 355PM ENVIROCHECK INC 7149370755, p.5 OUALITY ASSURANCE Envirocheck, Inc. thoroughly monitors quality control through detailed program evaluating and documenting the ability to consistently reproduce analytical results. To accomplish this, we have developed a standard set of protocols that encompass sample. collection, handling, analysis, and reporting.. Data quality is evaluated based on both inter -laboratory control and duplicate analysis. All PLM (Polarized Light Microscopy) and PCM (Phase Contrast Microscopy) samples taken or received by Envirocheck, Inc. undergo proper chain -of -custody and log -in documentation. Contamination of bulk samples is controlled by ensuring that only qualified personnel collect the samples in an approved container and that PCM is determined by blind replicate analysis on 10% of all randomly selected samples by an Envirocheck, Inc. Quality Control Manager and each microscopist. Each microscopist is issued one reference slide per day for analysis. Additionally, quality control is maintained by: Polarized Light Microscopy (PLM): On a quarterly basis, we exchange round robin samples with two other laboratories in our area. Our sample results are compared with the results of the other laboratories for asbestos presence, type and percentage composition. Duplicate and referenced samples are issued on a daily basis by the Quality Control Manager and also are analyzed for asbestos presence, type and percentage. The data for these quality control activities is then compiled and control charts are produced to help interpret the sample results with regard to inter/intra analyst precision and accuracy, as well as inter/intra laboratory precision and accuracy. Phase Contrast Microscopy (PCM): Each analyst's Coefficient of Variation (CV) is determined by daily analysis' of reference slides. The established CV for the analyst is then used to verify that 10% blind recount of all samples is within acceptable limits. Regular updates if intra/inter, analysis and intra/inter laboratory control charts are produced form the data collected. Round robin sample exchange is performed from PCM samples, as was described for PLM. :6.0 ASBESTOS RELATED TERMS AHERA—Asbestos Hazard Emergency Response Act (Regulates School Facilities) ASHARA — Asbestos School Hazard Reauthorization Act. (includes public and commercial buildings under Al -MRA regulation) ACM — Asbestos Containing Materials (materials containing greater than one (1) percent by weight) ACCM — Asbestos Containing Construction Materials (CAL-OSHA's term for materials containing greater than one tenth of one (0.1) percent by weight) PACM — Presumed Asbestos Containing Materials (materials considered asbestos containing without laboratory analysis) CAC — Certified Asbestos Consultant (State of California certified individual allowed to perform all aspects of asbestos related inspection, management, planning, and design work and to direct CSST(s) and review and execute asbestos reports under state law.) CSST — Certified Site Surveillance Technician (Allowed to perform all aspects of asbestos related inspection, management, work under the direction of a CAC.) CAL- OSHA ak.a. (DOST) Division of Occupational Safety and Health (California Governing body regulating worker protection) OSHA — Occupational Health and Safety Administration NIOSH - National Institute of Occupational Safety and Health EPA —Environmental Protection Agency (Regulates Environment and Waste Stream) DOT — Department of Transportation NESHAPS —National Emissions Standard for Hazardous Air Pollutants 2211 West OrangewoodAve •Orange, CA 928681 Telephone. (800)665-7586 0 Far. -(714)891-3922 Sep 28 2010 3:55PM ENVIROCHECKtINC 7149370755• p.6 SCAQMD South Coast Air Quality Management District (local. division of NESHAPS) NVLAP - National Voluntary Laboratory Accreditation Program' AIHA — American Industrial Hygiene Association CFR — Code of Federal Regulations CCR—California Code of Regulations PLM — Polarized Light Microscopy (also known as "Bulk" sample) PCM —Phase Contrast Microscopy TEM - Transmission Electron Microscopy Laboratory Report Terms: , ND- None Detected A — Area Sample (air monitoring) ,. AA - Area After (Clearance Type Sample) P — Peisonal Sample (Employee monitoring type sample) EX -Excursion (Employee monitoring type of sample during peek activities) BK- Blank (used for quality assurance) 7.0 CERTIFIED ASBESTOS CONSULTANT SIGNATURE Any individual performing services as an asbestos consultant or site surveillance technician as referenced and defined in section 1529(b) of Title 8 of the California Code of Regulations must be certified by the State of California, Division of Occupational Safety and Health (DOSH). Asbestos consultant shall maintain copies of AHERA training certificales for management planner, abatement project designer, abatement contractor and supervisor, and all subsequent annual refresher courses. The complete abatement project designer course certificate is only required for certifications provided after July 1, 1994. Site surveillance technician applicants' shall maintain copies of AHERA training completion certificates for inspector, and abatement' contractor and supervisor, and all subsequent annual refresher courses, Certificates for abatement worker and abatement project designer may be utilized in lieu of the abatement contractor and supervisor certificate. Specific qualifications are required pursuant to section 1529(o) of Title 8 of the California Code of Regulations for certificatim. The educational qualifications, (diploma, official transcript, or other proof), and qualifyin€ work experience as specified in Business and Professions Code sections 7184 and 7185 have been met. by the individual(s) performing asbestos related" consulting. activities or site surveillance technician activities. Qualifying work experience includes technical work associated with asbestos consulting activities. Written references attesting to the applicants qualifying work experien,,e which are certified under the penalty of perjury as required, Vinh Q. Pham, CAC# 03-3356 2211 West Orangewood Ave ♦Orange, CA 92868 ♦ Telephone: (800)665-7586 I Fox:(714;891-3922 ;.,' a P.O. BOX 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 BUILDING, & SAFETY DEPARTMENT PROPERTY OWNER'S PACKAGE (760) 777-7012 FAX (760) 777-7011 Disclosures & Porins for Owner-B411ders Applying for Construction Permlits iP �T. 'TI I�lOT1ECE TO PR(1Pw1a ry OWEy11R Dear Property Owner. An. application for a building permit has been submitted in your name listing ymmsel€ as the builder of the .property improvements specified at Vile are pieviding you with an Owner -Builder A€knotvledgment and Information Vaificatim.Form to make you awam of your mvensibilities and, possible risk you may incur by having thispermit-issued in your name as the Oso -Builder. We will not issue a building -permit until you: leave. read, lnitiatod your. understanding of each; provision, signed, and returned this form to us at our official address indicated. An agent of the owner cannot execute this notice unless you, the Property owner, obtain the priorapproval of the permitting authority. e SIE OGS A:1D'VE - A k'>EOIy �� II Q .1 Read and acitialvach swter m-ke&w t6'sigmfy you widurstand or ver y dkis isforn:ertion. A_1: I understand a frequent practice of unlicensed persons is to have the property ovmer obtain an "Owner -Builder" building permit that erroneously implies that the property owner is providing his or her own labor snit material persona�i. I, as an Owner -Builder, may be held liable and subject to serious financial risk for any injuries sestained by an unlicensed person and his or her employees while working on my property. 'My homeowner's insurance ma) not provide coverage for those injuries. I am willfully acting as.an Owner -Builder and am aware of the limits of my mi surancc-coverage for injuries to workers 'on my. Propexty- .2. I understand building permits are not required to be signed by property owners unless they are responsible for the construction and are not hiring a licensed Contractor to :assume this responsibility. x% 3. I understand as. an "Owner-Builder'I am.theresponsible party of record on the pernfit I understand That I may protect myself from potential financial risk by hiring a licensed Contractor and having the permit filed in his or her name instead of my own. �04. I understand Contractors are required by law to be licensed and bonded in California and to list their license numbers on pernuts and contracts. 5. I understand if I employ or otherwise engage any persons, other than California licensed Contractors, and the total value Of my construction is at least five hundred dollars ($500), including labor and materials, I may be considered an "employer" under state and federal law. /U'4.6. I understand if I am considered an "employer' under state and federal law, I must register with the state and federal government, withhold. payroll taxes,. provide workers' compensation disability insurance, and' contribute -to unemployment compensation for each "employee." I also understand 'my failure to abide by these laws may 'subject me to serious financial risk- 7. isk 7. I understand under California Contractors' State License Law, an Owner -Builder who builds single-family residential structures cannot .legally build them with the .intent to offer them for sale, unless all work is performed by licensed subcontractors and the number of structures does not exceed four ' within any calendar y; -u, or all of the work is performed under contract with a licensed general building Contractor. T 8. I understand as an Owner -guilder if I sell the property for which this pem' u't is issued, I may be held liable for any financial or personal. 4.urms sustainedby any subsequent owner(s) that result from any latent construction defects in the workmanship or materials. 9. I understand I may obtain more information regarding my obligations as an "employee" from the Internat revenue Service, the United States Small Business Administration, the California Department of Benefit Payments. and the California Division of Industrial Accidents. I also understand I may contact the California Contractors' State License Board (CSLB) at I- 800-32 1 -CSLB (2752) or www.csib.ca.gov for more information about licensed contractors. % 10. I am aware of and consent to an Owner -Builder building permit applied for in my name, and understand that I am the Pazh' legally and 6.nancially responsible for; proposed construction activity at the following address: _0 _0 6,(ter=S�Li/�1701) },0 i— ..- - I L I agree that, as the party legally and financially responsible for this proposed construction activity, .1 will abide by all applicable laws and requirements that govern Owner -Builders as well as employers. 12.1 agree to notify the issuer of this form immediately of any additions; deletions, orclipgog to 4ny of the information I have provided on this form. Licensed contractors are regulated by laws designed to protect the public. If you contract with ,someone who does not have a license,. the Contractors' State License Boated may be unable to asst you with any 8naneial. loss . . you may sustain as a result of a complaint. Your only remedy against unlicensed Contractors may be invivil eclat. It is also important for you to: understand that if art tutlicensed Contractor or employee of that individual or firm is injured while wOddng on your Property; you may be held liable for damages. If you obtain a permit as Owner -Builder and wish to hire Contractors, you will be ru;sponsibte for vept6W whether or not those Contractors are propedr licensed and the status of their wofkers' compensation insurance coverage. Before a building permit can be issued, this form must be completed and signed by the property owner and returned to the agency responsible for issniag; $0<pw=tt. Nate: A copy, of dw property owaer•'s.dkher'sAlwt=i fOrm nV(a*kMdM or other verification acceptable to the agency is rreq .cued to be presented when the permit isissued to verify the property owner's signature. ' Signature of property owner , ' Date: 3 OZ/ Note: The following Authorization Form is required to be completed by the property owner only when designating an agent of the property owner to apply fora construction permit for the Owner -Builder. AU'F$QRIZATION Out AGENT TO ACTON PROPERTY OWNER'S BEE _LF Excluding the Notice to Property, Owner, the execution of which I understand is my personal responsibility, I hereby authorize the fvtlowing perWnW to act as my agent(s) to apply for, sign, and file the documents necessary to obtain an Owner -Builder Permit for my project. Scope of Construction Project (or Description of Work): Project Location or Address: Name of Authorized Agent: Address of Authorized Agent: Tel No I declare under penalty of perjurythat I am the property owner for the address listed above and I personally filled out the above information and certify its accuracy. Note: A copy of the owner's driver's license, form notarization, or other verification acceptable. to the agency is required to be presented when the permit is issued to verify the property owner's signature - Property Property Owner's Signature: Date: Bin # Permit # �,1 10 , I� Project Address: 0170 -Q( ' A. P. Number. —� Contractor. Address: City, ST, Zip: Telephone: Stab Lie. #: Arch., Engr., Designer. Ad4=: A City, ST. Zip: Telephone: State Lie. #: Name of Contact Person: Telephone # of Contact Person # Submittal Plan Sets Structural Cala. Truss Cala. Title 24 Calca. Flood plain plan Grading plan Subcontactor Ltst Grant Deed H.O.A. Approval IN HOUSE: - Planning Approval Pub. Wks. Appr School Fees City of La. Quints Buifding &r Safety DfvhW P.O. Box 1504, 78 495 Calle Tampico La Quinta, CA 92253 - (760) 777-7012 Building Permit Application and Tracking Sheet / !i`/(J 4,09�1) /f XP Owner's Name: N0"IAIC/7 Address: 7 / - 900 City, ST, Zip: -T �LO C/a .Z..2O� 5 0 (-IAXOL Telephone: Project Deiseriptioh:�,A? D M M/,vG Off-`�^ �c, � SLS. Lie. #: T/�c;� Gfi/9/.J G h�/K /��'LCC' �►' G4LrZ;fiJ coli .- x Ha.t+! h�Y�' `o�y MUM De NOT WRITE 13ELOW �c a Total Permit Fees Reviewed, ready for corrections Plan Check Deposit Plan Check Balance Called Contact Person Plans picked up Construction Plans resubmitted Mechanical Electrical 2" Review, ready for eorrectionvIssue Called Contact Person Plumbing Plans picked up Plans resubmitted S.M.L Grading Rcylew, ready for cormetionstissue Developer Impact Fee A,LP,P, Called Contact Person Date of permit issue Total Permit Fees BW* CA TO: DOC 666 07/16/2008 08:00A F!�56.001 Page I of t6 Recorded In Official Records County of Rivers-ide Larry U. Ward Assedscr,County-Clark b Recorder 1-111114111111 IIS 11111111111�1111111'lllll 111 I Illi 1111 1111 S R I U P SIZE DI MISC. LONGj RFD I COPY i. - M A L 465 426 PCIRACOR SMF NCHG nv CTY UNI. DEED OF TRUST .99 THIS DE11 OF TRUST Is dated J* 14, 2008, amalp INDIAN SPRINGS GOLF CLUB, LLC, a Cd0fornin Lilinited Lwmty Idart"". vr" address Is 79-M WESTWARD HO DR,'INDIO, -CA 92201 (-Tri4tw'); Canyon �Er'rnk. whose address Is Loan Department, 74-150 Cols CWb CA 92260 bebwsorlmetirneIiin"Londer"wWaornethi =*Bonufl�iwY");"'Fa,*tAmw4=ITMO,bmmmm n—y whose address is 3026 Fowilawth Street, Riverside, CA 92501' lirefeirrW to below as 'Trustee"). CONVEY Amu GRANT. rw valuable canddersdon. Trustol, ale'vol"r OnEftlumnim ad snips to trust, -wIth-po"al of lab. fat bone of a Bas w0clim V, all of Trustor's right title; arid Interest in and! to the !*"hig; real property, togathar wi ;211 e:dattnp 7 . rdy erected at affixed buildings, in;�� end fbru". all of way. mid On Water, WON 6" and ditch " fincluding stock In utilldes with ditch• or irft4attliori; all other rights, profits relating to the real pioperly, including vvMvxn limlitedoi an minerals, oil, goo, geothermal and nor matters, (IM 0) 1 "Real t I located In Riverside county, State of: California: See Him I ONE, which Is attached to this Deed of Trust and made a Pon of this Deed of Lust as if fully set forth herein. The Real Property or 110 address Is commly known as Indian SprkVs Golf Course, INDIO. CA 92201. The Assessor's Parcel NuWw for the Real Property Is SEE ATTACH® LEGAL DESCRIP110N, EXHIBIT ONE. Truster presently ossigru m Lander (also known as Elone clary In this Deed of Trust► all of T.ustoes right, title, and Interest In and to an plown and future loom11 the Property and *0 Rants from the Property. This 13 an absolute assignindi of Pants made in cannectio with an ow n iO4 real Property pursuant to California Civil Coda Section 2938. in addhim Trustor grants 6 Lander a Uniform comnocis Coda a ecuritylbtereat In the Personal Property and Rome. TN8 0 OF TRUST, j6QUM(3 THE ASSONmENT OF. REM, AND THE SECURITY wEREw 0 THE ROM. AND POUXINAL PROPEROTY CS Gill TO ISECURE JA) PAYMENT OF THE INOBTEDUM AND (8) RMANCE OF ANY iXd, ALL OMAATIM OF THE TA JSTOR UNDER THE HUM THE RELATED DOCUMENTS, AND TK3 USED OF TRUST. T" DIAD OF 1=87' 19 GIVIIX AND ACC9PI ON THE FOL bVMG TOM: I PAYWIIINT %ND PERFORMANCE Except as otherwise provided In this Dead of Trust Trustor shall pay to, Lander all amounts secured by this Deed c f Trust as the' become due, and shag strictly and In a timely manner pa foinm all of Trurwr*o obggasm 11,6nft the Now, this Dead of Tn ist. and the Related Documents. POSSM AND MA911TENAMCE OF THE PROPERTY. Trustor agrees that Tnatm's possession and use.of V*1 Property shall be governed hte hfoftwhvl provisions: s and Use. Until the'oecurreince of an Event of Default, Trustor may (1) remain In possession and corrtrol of the Property; 1[2) operate or mane" the Property; and (3) collect the Rom from the Property. Duty , m 11"Itall . Trustor shall maintain the Property in tenantable condition and promptly Perform OR repeirsl, repl000rnonts, and maim) inane nocasary to preserve its vall".. comip it , I We , I Laws. Trustor reprosera and warrants to Lander ttm: 111 During the period of Tnator's ownershilp of thol Property, hot been no use, generation, manufacture, storage, Us= nt, disposal. release or three *red nolem of any Hazarilom Substance by any person on, under, about at from the Property; 12) Trustor has no kjowledge of, cr reason to befieve that 16079 has been,, except as previously djeciosed to and acknowledged by Lander in writing, (*) any breachat violation of any EmrIrdnm,@n%W Laws,(b) arty use. generation, manufacture, storage, treatment, disposal, rebate or threaterhe0 miens of any Haza0cius Substsnce on, under, about or from the Property by any prior owners or occupants of the PiowtV of (cl any actual Or =ad litfga*m lor claims of any kind by any person relating to such matters; and (3) Except as ty disclosed to and 0 this Property act edged by Lender In writing, (a) neither Trustor nor any tenant, contract". agent Of other sulihOrItOd user Of P- I awl, generate, �narwfocture, store, treat, dbpose of or release any Hazardous Substance on, under, about � K from the NOPOM, and Iib) any suct� activity shall be conducted In compliance with on applicable federal, atm. and local laws, regulations and ordinances. lrnlu&tp without limitation all Envircmnontal Laws. Trustor authorizes Lander and Its agents to -enter won the Property to make such inspedtiong and taste, at Trustor's expense, as Lender may deem appropriate to determine complieuce of the Property DEED OF TRUST _ r (Continued) i Pa" 2 , with aactbn of the Deed of Trust. Any Inspections or'tests made: by Lender sKiW tie f0r.1 en's purpoaft onir and shalt not be L ', C to cram ary responsibility a Ilaebility on the part of lander to.Truetor or to any. otfher person: ,Tlla,ropresentedone and contained 16rebr are based on Truetor'k due Spence in Investigating the Property-for'Naaado A 6uwtonces. Trustor hereby(11 rebases and waives any Mum claims agalnat Lander for khdemniry-or contrtbudori In the event Trjatori learner me Mable for eleanupor other costs under any such laws; and 121 agrees to IrdemnHy; defend, tarMass end h01d ilarder against any end eg clabns, aces, Ilebigtiea, damages, penalties. and expersea width Lander may ;irony or hidkecdV sustain oisufler r'aasltlng from a broach of this aecton1of the Dead of Trust or as a consequents of any use, gwieraft manufacture. atOr�e:'disposal, roles ae or Ta"Omatby elease oeerrrblg prior to Truator's ownership or Interest: In the i'roperty, whether or not,fhe sa_�+e vrss or should have to Tnuatoi. The provisions of this section of the Dead of Trust, kieludi; g Vie ogligatfon to Mdeimrtky._end defend, shall. the payment of the Indebtsdno n, and the satlafaction and reconvbya+te of the I� of� tils Dead of Tnrit and shell not be r Lender's eiqulskion of any Interest in the Property. whether by foreebsure or odis.r rlae.aeb. Trustor shall not cause, conductor penedt any rolsance nor eanmk, poem or suffer arty ate kip a or waster onpaty or eery portion of the Property. WittoUt gmttlrip the ganerallty of the foregoing, -Triton wgt not remove, or grant to any at or parry the right to remove, any timber, minerals (inciud rq oil and gall, coal, clay, scoria: soD, ;ravel or rock products withou Larch's prim 1wrftten consent. `Rening at IenpRtrvwsnrrb. Trustor shed not demolish or remove any Improvements from'tive Real'.Mopot 'without- Lender's prior s written corsam As a elmmdtdon to the removes of any Improvemertls. lender may require Trustor to mska'asrangemems satisfactory to Le to replace aixh Improve. with Improvamertb of at least equal value. . Lender �t to �. Lander and Lender's agents and repneseruMves may enter upon VW Real`Property at all Ireasorsbl times W'. attend Lender's imerests and to Inspect the Real Property for purposes of Tnxnor's compliance with the term and cordltona of this of Trust. .with Gorwmmsmtal Hegtilema.rtb. Trustor shall promptly comply with all laws, ordlnar>cen;.ardrregtdatfors_now or heree In effect, of fall goverrnentd stn orMss applicable to the use or occupancy of the Property; Incluft wftlim Wnitatim , the • Amerio ns With Dlsabghtles Act. Trusts may contest In good faith any such law, ordlina a,. or regulation cnd ririthhold compliance , during proceedings Including appropriate appeals, so long as Trustor has rosined Laider:in`writing priorto doing so and to long as, y ' in r'a sob opinion, Lender's Interests In the Property we not jeopardized. Lernder may iepube Trustor b post adequate security _ ora y bond, reasonably satisfactory to Lander, to protect Lender's kntersat. `D�MPretiet. ' Tn�tor egress rteftlter m abandon or leave unattended tits Property. , Trtmtot aha8 do all s!tlteaects, in edditlon to those set forth above In this seedon, which from the character and use of the Property are reesonably'raeeeasary to protect and the PwpWrtY DUE ON - CONSENT 6y LENDER. Lender may: at Lender's optkm, declare Immedbtely due•and payable, so secured by this � Deed of T upon tho safe or transfer, without Lender's prior nrrltter corsant, of a of eery part -of fhe.Real Properw, or --any Interest in the a Reel Pt A 'sale or transfer' means the conveyance of Rod! Property at any right, title or Interest in ire Rad:Aoparty; wleter"lega4 t benefie iel o equitable, whether voluntary a Invokntsry, whether by outrigW sale, deed,. hstagfnent saN eontree': land contract, contlect ' for deed. "hold lntara9t with a term greats than three (3) years, leaseopton.contract,-or; by seie, assignterst; at- transfer of airy ' bene al i In or to arty land trust holding title to the Real Property, or by any otherrrbthod'of eomeyance of stn interest into Real Prvpeny. I any True r Is a corporation. partnership or 11mited liability campany,.trarsfar alae fnehidawairy charrae.ln-cwnaaldp of more < than five percent (26%) of the voting awk, parbmmtip Interests or Ilmttad'Dsbility nx►mperry_btEeresea; ss ee i maybe, of such Trustor. N ,fhb optiwh when not be exercised DY lender if.auth exercise Is prohibited by applicable neer. 4 YA _B I L19iIS. Tits togowirsa provisions relating to the ioxes and Denson the Property aro pert of this Dead 0 Th st r, w Peyrrstm Trustor afiaif pay whan due (and Ina events at least ten (101' days prior -to dailnquanoY) ail lentos. spacial taxes.;' i rite, ehergsa ikxkdkg water and sewarl, fires sed d knposftns Iovied against or,=on:accounrt of the Property, and shag pay when ag ctabne for work done on or for services rendered or "eternal f rnished to>ttie Property. Truatoi shall mahttsln the pro free of eft no having priority over or equal to the Merest of Larder under this Dead of Treat. exrapt for the Den of taxes ". and me not1duo and except as otherwise provided In this Dead of Trust. I r RightContsst. Trustor may withhold payment of any tax, asaeasmam. or rdahtn to oarnectton with a. good faith dispute aver the to pay, ao Iorng as Lender's b-taraet in the Property is not jeopardized. tf a lien arises or is flbd m; a result of noripaymsrtL . ' T ethaD witdn fifteen (IS) days after the Gen arisse or, if a lien is Mod, within fifteen (15) days after srua0or Inca notke of the filbhg, the discharge of the Ilan, or if requested by Lender, deposit with Lendar cash or a sufficient corporate surety bored a • otter utky satiefeceory to Lender in an amount sufficient to discharge the Ilen pluse�,.c"_and attorneI tees, or Wer ctarges , that kl accrue sale resuk of a foreclosure or sale under the Ilan: in any coruaM Trustor ehen defend itself ted Lander and shell,' adverse jutigrnaht before onforconm against to PuOPerty. Trustor alta name Landar as an adAdahaJ obligee under any aura bond fumtafed in the contest places& I. Y n - of Paymantl Trustor aha upon demand furnish to Lader satisfactory evidence of payment of the -axes or assessments NO t y shall utnOrize the aPpropriata governmental official to doges to Lader at any time a written statement of the texas and asaeasmerna ' � is i�rty. ' N of Cons&uc*n. Trustor shalt notify Lader at Mast fifteen (16) days before; any work Is comreene Id, mry earvkee ereJ fumis , or any materials are supplied to the Property, if any mechanic's lien, materialmen's-llen, or other Man could be asserted on , e of the work,, services. or materials. Tnutor win upon request of Lander fvmish to` Lader advance assur6ctcse satisfactory to ' . ` .Lando, Viet Trustor c� n end will pay the coat of such Improvemems. I I k , . , , DAMAGE INSURANCE. The following provisions reteting to insuring the Property are a part of this Dead of Trust. � Of Murano.. Tntltar shall w=tm end ntsirMb policies of fire Insivsn0b with atardard sn W*W covprego ' wmkr wnents on a Irepiecement basis for the full Imurabie value covering all lmprovanento .on the Real Property m an amount • , sufficl entto avoid application of any colnatrance clause, and with a standard mortgagee clause in favor of senior. 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Gyi A ,AuWaM eVi to. staidas poo tsolias0aws GW so 'Avedad aya Ow4oelis uql Aw to wgusAsd •gsgupGlgopt>a e4a to s ' ota as =-*ad 9W�.Alddo pus .=m ngtq-Au9,10 spOW eta upM Pus GNO*W 'u0P0o10 s.iePuel is 'Aatu wpuol 'PeJWdwl 69 _ Ayedad eta ul asenil,l Alim0a9 0,ssptsel suOu+gPM-oMI a,sepusl ul tl •Allsnsa0 etitl0 SMP 1B t{ usayµ UMPA o0 oP as 41W "o l 11 aq to 1000 OpwAaw s9puel 'Asasdoad aA W e8ewep is ssq Aug to jopual 4gau Alulwaid ae4e miaul �G eW to toss% oto jai �=Wk& s�l yon% u1ewlaus 040 Poe 'mpuo' Ag Pwptbw Gel" JW w so 'ttmsOosd oanntgan pooE{ IsuoP9N sopun _ {GI tRltsq) A*ew wnwl><rw o4t of dn..hdPj 04% BuIsn000 Alsedosd eta us am11 solsd Auo pus usol oW to e0lsslg, ledl0uO pi Unt o4i 101 'oi4e81AI tl"8MUMI po% jai L SWIow:pus tmga of wo-OG souaul •owe pss:s4 Pooµ Isloede 0 w Acuo6V tu--- AOuoOslnag. iwopoy,Lest% to stj=M 94%;Aq p%wAl ap am us ul poaoaaf eq AssodO-d lsoM otp PRo4S 'uossod wa Aus is cies l � i " to unwep is uolwpuo'3f:ro.Aus Ag•AeM Auo.w pw!odwl eq lou ESM soquol to so"W ul oOw0Ao0 uaW mad lu0woaopuo ua GPnPIJI . 8e41 os(G Aoaod oxmsemq 47e3 'npM as wgou uoWm solsd "op Io£) AliM w" to V 444 po4sl4wlp so popowo eq sou tam w0asono0 asW suopsln�i�;a 8u1p1M0ul 'Jw?e t .at AsoaPglspss twos w owaseml 10 soi2004o is wI ilod 9ta eUsia oa Gula usosl sopusl t as nNlsp IgM 'sop6q to laanbw uodn;'sossrul •Apuol a4 411gv%do0ao Alpsuoww eaPndwon is Auodwo0 0 lig psstsq pus sopu0I Q elgouW= Algauawas qM pus softw00 'mussaism wool ul umWm eq Om 90RIOd 'Aisedo"d feed *Wuo susotuGA uq arta io or"A itso - w6id?s Oats sum- uvea m-" Pam eplA A 401 pwrdm oq miens L U949 u—o ou ul lulo6wci eLp ., •*4nbw Algw euan! .A9ms sspuerl .se lowasnoul soM Pue 'uq tnitq a UWK 'PNZ94 0e7luV9140 Psa tau &Ap4zlu1 '9:49=1 " nWo 43M uMLWw Oeste s0yaul 'AUsuoMppV 'w10Uod e0uweaq Asglgsg 40ng ul sPwnsw fsuofalppe wf pasmu Ouloq sopuci Pus eniesaal y4m.aewtbsa- Atlw:sspuol;w<awnowo oOwGAoa flans tg o0uwns4 Aalagsll lwouW oA(wo4wdwo0lulawlew pyo n0ad y ' lsna :ia a3a ,: DEED OF TRUST (Continued} Pegg a Appft SM of fist Ploossds. if any award to made or settlement entered Into in any Innnatio, V a a WIN go laffecth all or any part of the Property or; by arty proceeding or purchase M Neu of condemnation, lander may at its de ado anc to the extent permitted by law, rogrdro that all or any porton of fie award or settlement be applied to the In debtedness•end to tho rnpeyment of ab reasonable �� � costs, II , and attorneys' fees Incurred by Trustee or gender in connection with the condemnation proceedings. fa�OSITIM I OF TA1ES,,FEES AND CHARGES BY GOVERNMENTAL AUMORITMO. The following provisions eel ---ng to gam m+entat taxes. fee IsInd charges are a part of tufa Used of Trust: Current Tare, Fee ind Charges. Upon request by Lander, Trustor "I execute such documents In add'rtkn to No Deed of Trust and to to whatever ocher action to requested by Lender to perfect and continue Lender's Iron an the Rad Trustor dialI raimbu so Lender for all taxes, as described below, together with sit w pies incurred In recording, perfectlrm or eorrthxdng this Dad of Tng t Including wiihout Rmftadon dt taxes, fees, documentary stamps, and other chargee for recoidinp on rsglitering this Deed of Trust. T�ofTho foilowing'shall constitute taxes to which fife section eppgos: (t1 a specific fax upon this type ■f D Ied of Treat or upononpart of theIndebtedness secured by this Deed of Trust; (2) a specific tax on Trustor whichTnakor is authorized of o deduct horn payments an the Indatto news secured by this type of Dead of Trust: (3) a tax on tide typo of Deed of Trust chageiable against the Lender or the holder of the Note; and (4) a specific tax on eA or any portion of the Ilrndebroameaa or on payments of prMdpoland tnteet roads by Trustor. Taxes. if any tax fo which this section apolls Is enacted subsequent to the date of this Dead mf Trust, this event aw have same offactlas an Event of Default, and lender may exercise any or .all of he available remedies for onlEvent of Default as MAW below unless Trustor either (1) pays the tax before It becomes ddirequvnt, or (2) contests the tax: as provided above M the Taxes and Liars section and deposits with Lander cash or a sufficient corporate surety bond or other security athfactory to Lender. CURITY OREBUM; S SEMANCRO STATEMENTS. The Wowing provisions releting to this Geed of Trust as a aocu�,fty agreement aro a part of this Deed of Trust:; Agrssmsnt. iThis Instrument shell constitute a Security Agreement to the extern any of the Property conkltutea fix ices, and Landes shell have an of the rights of a secured party under the Uniform Commercial Code as amended from time tri time. f3saerii7r ham.st. Upon request by Under, Trustor shall take whatever action Is regimted by lender to perfect eAd continua Lender's aachrtiy Interest In the Rents and Personal Property. Trustor shall reimburse Lender for all oxpenaes ncurred In pwfeetfrq or continiuing this security Interest. Upon detauk, Trustor shall nm ot reove, sever or detach the Personal Property from the Property. Upon fault, Trustor shall assemble any Personal Property not affixed to the Properly In a manner and stl a place reasonably rn to Trustor and Lender and make It available to Lander within throe 131 days after receipt of written demand from lender to the a permitted by applicable torr. I The mai9ng addressee of Trustor (debtor) and Lender (secured partyl from which Information_ concerning the security Intsn�t granted by tine Deed of Trust may be obtained (each as ,squired by the Uniform CcnKnnwcW Code) ,are as stated on the first page t this Dead of Trust. FURiEl, CES ATTORNEYdN.FACT. The following provisions relating to further assurance and ettarney4 n -fact aro a part of this st: urances. At any time, and from time to time, upon request of Lander, Trustor w® make, execute and deliver, or will cause m executed or delivered, to lander or to Lander'e designee, and when requested by larder, emcee to be find, recorded, reerecorded; as the cane may be, at such tome and In such offices and pieces as Lender may decal appropriate, any end all such deeds of trust security deeds, security ag,oun e . , financing atotemsrrts. cont-------- s'atenierrm, Instnanem of fhrtheasse, eertifleatss, and outer documents as may. M the sok opinion of lender. in reuxsaav or dealroble In order to e eompleta; porfeeL continue, or preserve (1) Tnustces obligaticrs under the Note, this Deed of Tr6t, and the Related Dor , end 01 the lona and security intemsta crested by this Deed of Trust as first and prior Ilam on tf�* Property, whether row led or hereafter acquired by Trustor. Unless prohlbtted by loon or Lader agree to the conow-r In wrtdng, Trustor shelf rotmbirrse larder forlell costs and expenses Incurred In connection with the matters referred to in this paregnapt►. Atton;sV4mfwL if Trustor fob to do my of the things referred to In the preceding paragraph, lander may do so for aid In the none of Tnlmr and at Truator's expense. For such purposes, Trustor hereby Irrevocably appoints Lender as Trestoes attorney4n fact for the se of making, executing. daliverhV, flung, raccrdmg, and doing eN otherChangs as maybe necessary or desirable, M Lender's s=FMANCE. n, to accomplish the matters referred to In the preceding paragraph. I FULL tt Trustor pays all the Indebtedness when due, end otherwise podoni ail the obligations tmpoaae upon Trustor under this Deed of Trust Lender shall execute and derive to Trustee a request for full reconveyance and stmt) enmcute and deliver to Truvtor sy Uble statements of termination of any fhancing a -tanto on file evidencing Lender's security lrrvest in the Rema and the Personal P vpwW. ler>a may chu" Trustor a reasonable reeonveyennce fee at the time of reconveyance. I EVENTS F DEFAULT. Each of the following, at lender's option, shall constitute an Event of Default under this Deed of Trust Wt Oafsuh. Trustor falls to make any payment when due oder the Indebtedness. Other irhults. Trustor fells to comply with or to perform any other term, obligation, covenant or eorditlob contained In this Deed of Trust or in any of the Re! -tad Documents or to comply with or to Worm any term, obligation, covenant or corldition contained In any other agreement between Lender and Trustor. I Oetauft.I Failure to comply whh any other term, obligation, covenant or condition contained h tris Oiled of Trust, the Note or M Iany of the Related Documents. Dsiatdt on Other Pry nonb. 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 RIMg of or to effect discharge of any Nen. ExvIrocanen Default. Failure of any Darty to comply with or perform when due any term, obilgetion, covenant or condition contained i `N�' jk f. DEED OF TRUST • ' ` (Continued) " . i Page 16 • j 3 In any arvfrOn mantel agreement executed In connection with tits Property. ; In Fawn of TW Pie Should Trustor default under any loan, extension of credit, security agreement purchase or Babe ` agree or any other agreement. In favor of any other creditor or person that may matedah affect any of Tnmtoes property or ' Trusto 'r ability to ropey the Indebtedness or perform their respective obligations under Oft Deed of Trust or 1 any of the Related Doc Febte Any fumhftd to Lender by Trustor or on Tnxtw's behalf this warranty, representation or stateme., made or under Deed t Trust or the Related Documents Is false or misleading In any material respect, efther now or at the Ume nfrode or fun had W • r false or miafeadMQ at any time thereafter. Coffin. This Dead of Trust or arry of. the Related Docurn ante ceases to be in full force and effect (inchrdlrrg failure of any collateral documerrt to create a valid and perfected security interest or Menti at any tiros and for any reason. Death bawtvar cy. l The dissolution of Trustor's (regardless of whether election to continue Is made), any mernber withdraws from 'the 11 liability company, or any other termination of Truotor's exietenee as a going' bvahrsas or lire death. of any member, tiro , i'. IrmuhroncyofTrustor.1ftappointi,ent of a reoelvw for -any pan of Trustoes, property, erry aed*tment for tho benefit of creditors, any ' type o cmditor work6ut, m the comnrerreertrerrt of any proceeding under any bonknrptcy or Insolvency laws by or against Trustor. - r Forfelbos�ProaeedM� o.' Commencement of foreclosure or fcrfelture proceadi gs..whidim by judiclel , saH-help, fon or any (other method, by any creditor of Tnuetor m by any govwreriemei':agency'egatnat any ptopeny securing tits *Mwa ess. This Includes a garnishment of any of Trustor's accounts, iecludirg. deposit accounts, with Lander. However,_lfds efault shall not apply If there b a good faith dispute by Trustor as to the validity or reesonablonezi-of die claim which Is the .. " • he credhorlor forfeiture proceeding and H Tn►ator ghra Lender written notice of`ttro creditor or flzfelture proceeding and`, • ith Lender monlee or a surety bond for the creditor or forfelture pi Ing, in an amount determkwd 4y Murder, In Its solo , as being an adequate reserve or bond for the dispute. Cthsr Agreentw& Any breach by Trustor under the terms of'any otfter ogreemerrt'beiween Trustor grid 6 der that is trot COMwithin any:grace period provided thereby, Including without Emttatfon any agreement cancernhg any irsdetrtedrhese or other ' of Trustor to Lender, whether existing now or later. 3 fTsefing GtrieOortor. Any of the preceding events occurs with respect to'any Guarantor of arty of the kfdeboedness or any .' JbOg r dlae or beeomae incompetent, or revokes or disputes the validity of, or Qabiltty under, any Guaranty of the tndebtadnesa. • 'Change. A�material adverse change occurs in Trustw's financial condition. or Lender believes the prospect of paymem ori_ '. ce of tiro Indebtednese Is impaired. . Lender inigood faith believes Itself insecure.ure- If anydefault, otherthan a default in payment b curable and' If Trustor has trot been glvena notice of a breach ofIon of thla Deed of Trust within the preceding twelve (12) months. It may be cured H Trustor, after ret:eWing writtennoticder demereuling cure of such defeuth: (1) Cures the default within thirty {30} days; or (2) H the cure requires alae duan`.• r thirty (30) days, imrr edlately Initiates amps which Lander dooms in Lendoes sole discreddn to be ovfficlent to two to default and therediter continue and completes ag reasonable end necessary steps aufftdem to produce compOonce as soon as reasonably ' RIGHTS D REIlAEDIES PH DEFAULT. if an Evert of Default occurs under this Dead of Trust at any time thereafter, Trustee or Lender ' may airy one or mora of fits following rights and remedles: i of Korn s. Election by Lender to pursue any remedy shallnot exclude pursuit of any other malady. and an election to make or to take action to perform an obltgatlon of Trustor under this Deed of Trull after Trustm's fdlurelto perform, etwo not • r . ... WE Lender's rightito doctors a default and exercise Its rernedies. _ "k • by Sdo.I Upon an Event of Wautt under dub Deed of True% Beneficlary may declare tine entire arde�btedness secured by ' % + this Trust Immedletsly due and payable by delivery to Trustee of written declaration of default and deerun for sale and of ; vvrl n notice of default end of ateetion to cause to be sold the Property, which notice. Trurtee shall cause to be flied for recoid. sone fiery also shall deposit with Trustee this Deed of Trust the Note, other doeumem,regrteetad by T=vo6, and all.documents 't avide axpendWroa secured hereby. After the lapse of such time as may than be requlied.by low following o recordation of the <+ noid of default or notice of sate having been given as them required.by law, Trustee, will out'demand on Trustor, aitch sett the Prop4my at the time and place fixed by it In the notice of safe, either as a whole or in separate parcels, and in such order as It may _ at public lauction to tiro highest bidder for cash In lawful money of the United States, pay wt dme.af sat. Trustee may no tab of all or any portion of tits Property by public announcement at such *ne and piste of sale, end from time to V me - • , there may postpone such sale by public annouswemem at the tine fixed by the preceding postponement In accordance with r appil ble:law. Trrtstee shag deliver to rich purchaser its dead conveying the Property so sold, but wlthbut any eovenam Or wen , express of implied. The rentals in such deed of any matters or facts shall be conclu ive prof of tial truthfulness thereof. . " Any Including Trustor, Trustee or Beneficiary may purchase at such sale. After doducting an coats, fees and expenses of T and of thiel Trust, Including coat of evidence of title In conn ecdon with sale, Trustee shall apply ttnel proceeds of sale to ). p of: all surra expanded under the terms hereof, not than repaid, with accrued Interest at the arnount elbwed by law In effect at date hereof; all other sums than secured hereby: and the remainder, if any, to the person or persons legstiyi entitled thereto. =Foreclosure With respect to ail or arty part of the Real Property, Lander shag have the right M neu of foreclosure by power of. 160foreclose W jtxllclsl foreclosure In accordance with and to the full estem provided by California law. • l V UCC Rsn»dles. Wilk respect to all or any part of the personal Property, Lander $hail have all the rights end rerrrodba of a secured. party under the Uniform Commercial Code, Including without IimttaWn fie right to recover any deficiency In tins manner and to the full exter I provided by C1 dfornia law.- Rertta. Larder shall have the rfght, without nodes to Trustor to take posamlowat and manage the Property end collect fie Rents, Including omounts peat due and unpaid: end apply the net proceeds, over and above Lender's costs, agatirat the Indebtedness. DEED OF TRUST (Condnuedl Pegs 6 in i� of tide riyhL Lander may rsgWm any tenant or other user of the Property to make payments of rs3rt or use fees dhecW m r. If the Petits are collected by Lender, then Tr ator irrevocably designates Larder as Trustor's otwney�rfact to andorss received hi payment thereof in the more of Tnrstor and to repotlaw de acme and collect the proceeds. PaYments by tenants or oder users to LanderIn rafr�� a da Lender may wwoll" hs rights aubow-W In PWW%, whothe or many props tiro by &W 4 or through a fmaNw. FLcalvsr. Lander shalt have the rWd to have a =star appointed to take possession of so or any part ofj the property, with the to protect and Weser" the Property, to egerses the Property pracedlnrg foreotosuro or saie, and to collect the Rents from to Property and apply; the proceeds, over and above On coat of the receivership, against dna hdeb • 110 roceivsr may Q m withw bond If permitted by law. Lender's rW to the appoinbnent of a recelver shag exist whether Of not t)1b apparent venue of the Prvpenr excesda the Indebtedness by a subtrUndal amount Mtr Employment by Lender all not dkou a par* from serving as a receive . T at Suftere nds. If Trusts romebs In poasuxssion of the Property Otter the property le sold as pryWded above or i ender hno,a ms o'+dded to possession of the Property upon default of Trustor, Trustor shall become a tonetrt at sufferance of Lander a de purchaser of the property and shall, at Larder's option, etdner (1) pay a ressonabls rental for tits use of the Property. of is) I the Property Immediately upon the demand of Lender. Oder RatrsQla. Trustee or Lender shall have arty other right or remedy provided In this Deed of Trust or the NOW of available et law or in Nada of Bob. Lender shad give Trustor reasonable no** of the time and place of any public sale of the Pemnel.Propotty or of tits time a er which any private sate or other Intended disposition of the Personal Properly is to be made. Reasonable notice shall mean notice (given at haat .ten (10) days before the time of the axle or dlepoakfo►. Any sale of the Personal Property may be made in eonjt �gwl n with any isle Of the Real Property. Bab off tits Property: To Mrs extent permitted by applicable law. Trustor hereby weivsa my and all rigdts to have the Property mar led. in exerclah+g he rights and remedies, am Trustee or Lander shag be free to sell all or any part all the of Prop" to" or sopor w, in one sale at by separm sales. Larder stall be wnitled to bid at any public sate on ail or any portion shall be A rs' Foss: Expanses. if Lander hstttmes any suit or action to enforce any of the terms of title Deed of T Wh Lundedw r not any to recover such sum as the court may a*udge reasonable as attorneys' fees at trial and upon any epoast. couftIs Involved, and to the extent not prohbited by law, all reasonable expenses Lender Incurs that In Lander's ophdon are at arty time for the prawtlon of Its Interest or the enforcement of its rights shag become a part of the Indebtedness payable Onand shall (bear interest at the Note rate from doe date of the expenditure until repaid. Experrsss ewered by this paragraph inclthout 11mitatiom, however subject to any limits under appgcable law, Lender's attorneys' fees and Lender's legalexpenses. w not there is a lawsuit including attomeys' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacy automatic stay or fnjurrcWr4, appeals, and any antIchuted post.Apylent co)teadon serAcon, the cost of ssarchlrng obtaining We reports (including foreclosure reports), mayors' reports, and OPP, a! hes, "a f urstiee, and fees tot the T th , to e exterm pomttoed by applicable low. Trustor also will pay any court costs. In addition m 81 atlbr sums prvvidad by Law. of Trustee. Thom shall have all of the rtgtna and duties of Lender as set forth in this section. POWMS D 0MMTI0NS OF TRUST. The following provisions relating to the powers anti obligations cf Tnistse are pan of this Deed of T of Trades. Un addition to all powers of T, us arising as a metier of low, Trustee shall have the pourer ito take the followliv ectic with respect to the Property upon the written request of Lander and Trustor. (a) Join in preparing xd filing a map or plat of any the i man the'Real Property; end tom) join I or rsubordinoWn other reemem atfeetinto ft pubic; (bj join In g t isDeed of alir Test or therflefft Of eurte�rest of Lend under this Otjed of Trust. 0 m NotI4. Trustee shall not be Obligated to notify any other pally of a perdrng sale tinder any Odrar'truat deed Ian, or of a ecdOn or proceeding in which Trustor, Lander, or Trustee Shall be a party, unlesa tine action or proceeding b brn ought M T se. Trio so. Trtustae shall meet all que5fhcatlacrs Trustee required for under applicable law. In additlot to flee rights and remedies set forth above, with respect to ag or any part of the Property, the Trustee shell have tine right to foreclose by police and sale, and Lander shag hens the tight ito foreclose by Judicial foreclosure, In either case in accordance whh and to the full exfartt Provided by appftable law. Successor Trustee.1 (.ender, at Lender's option, may from time to time appolrrt a successor Tsuaboe to Bary Trtisteo appointed under thio Deed of Trust by an hwtrument executed and acknowtedgsd by Lander and recorded In the office ci ti>sI recorder of Riverside State of Cailforrda. The Irstnumwt shag contain, in addtdon to all ofhar matters roqub by stere law, da names of its o;;;,sl Lander. Trustee, and Trustor, the book and page where this Deed of Trust Is recorded, and the nerria and address Of the essor trustee, lend the Instrument shall bs exacuted and acknowledged by Lender or its successors In httieresL The successor as, without eoirvayarrc0 of do Property, shag succeed to ell the title, power, and dutles confenred upon" T. ustse In title Deed of end by apagcable law. This procedure for substitution of Trustee shall 00"m to the exehut3oa of all Odrat provisions for Ion. by Tnisue. Trustee accepts this Trust when this Deed of Trust, duly executed and aeknawtedped, is made a public record as provided bylaw. N . Anyno o required to be given under thle Deed of Trust shell be given In wrfdng, and shall be affscive when acnually deflverod, whenlly recelved .by telefecalmile (unless otherwise required by taw). when deposited with a naturally recogriksd overnight cow ier, or, k ma , when depo sited In the United States mail, as first a Iass, certified or eglatered man postage prepatl, diroeoed to the addresses ' ( . t r • 't DEED OF TRUST . (Con inued) i_ Page 7�' shown raw the begludng of this Deed of Trust. Trustor requests thrt copies of any notices of default and sab'be directed to Tou8tor'e address a Vie e bepinning of this Deed of Trust. An �s of notices of foreclosure from the holder of cry geri which has p:knity over this Do ad of Trust shell be sant to lender's address, as shown near the bagkmb of We Deed of Trust. My party may change its, address for optic under tMe Deed of Trust by giving formal written notice to the other pard", apeclfy1rig that the purpose of the notice is ` to change party's addieas. For notice purposes, Trustor agrees to keep Lender Informed at a0 times of T■tsto I a currant address. " Unless othe ie proNded or required by law, if there is more than ane Trustor, any notice phren by Lender to any Trustor Is deemed to be notice to all Trustors: STA Of3Ll0AT10N FEE. Lender fee, to the maximum amount bar law, for hrrrdelih the t OF may coned a not exceed penrdttsd sta0emant o obligation as provlded by Section 2843 of the Civil Code of California. y DOCUMM8 QI COUNTERPART. This document may be executed In any number of counterpara, each of which =Neil be considered as an original and be effective as such , ADDITIO 1XPERSES. Should the value of the of the collateral, In the Lender'a sole opinlon,'decreass to an mount that may increase. the Le gr'i Rik, than Lender may, at its sole discretion, advance amounts to pay for a narratlye'eppnifaal, completed by a licensed and/or certified e*alser. The appralaer wig be selected by the Lander. The lender win ratify the borrower regardirng five pending appralsel, and . win be bifor the amount owed.. Borrower is soley responsible for these amounts, and is untitled to a Dopy of ilia appraisal, subject toe ; r; wrkan req and after the eppraiaf hes been paid for by the borrower. . PARTIAL E CLAUSE It Is mutually agreed DY Boerowa and Lender that s0 as no event odoclarlerttsl, r • defined 6r Promissory tQote, Business loan Agreement, Deed of Trust and en other Io=n related t1eLer+der sllattatdsh e ' .request, for �ertfal reconveyance of Parcel A - also known as APN 806-21"7 as deacrtbed on the Deed of Treat, upon the recalpt of a . . prtnelpal pa nt In the amourK of 0280,000.00 In certified U.S. funds.. ' r MISCELLA US PROVISIONS. The following miscellaneous provisions are a pert of this Dead of Tritan: , ' This Deed of Trust together with arry Related Documents, constitutes the errdre.understanftvand agrearnak of the pa as to the matters set forth in this Deed of Trust. No aftetetlon of or amendment to this Deed of Truirt ehao be effective unless , • given writing and signed by the parry or parties sought to be charged or bound by the alteration or amendrvem. ` Reports. the Property is used for purposes other than Trustor'= residence, Trustor shag furnish W Lender, upon request, a b' •If cortNi statement of net operating Income received Nom tie Property during Trustor's preview frteel year Ih such form and detali as Lend shag requlre.I 'Net operating Income' shag mean all cash receipts from the Property leas all cash axpendlturw made in • whh the operatlon of the Property. �� .Lander rand Trustor ague that ■■ disguise,' cabns,ald oarbavasafas:batwasn than wfiadier betlNdaaL joint or class in i Trust or atima sinchuft.whhout Qmdteft Contract and. ton disputes; shall be sehftratsd': arising fromIthb Dead of Tr . to the finer W Services rubs of C'rtmsputs, Ins., d/bfi JJ1.M.8:If91<618PtiTE or lb suooessor In effw ter the tirtls dhs slain b ` pony. He aC: to take or dispose of arty Properly shel`consdb/b i walrer of the f■b:b'■daR agil"00f1t or n rfq{Mai of. be by till .16ltraft apeemarrt. This Includes, willm Wf t■tbn, obteilkg `.4noctive ngrt er a t6.,-1 W epatl-.dl o po ran of ah under arry deed of trust or ntorta■gs: obtalrefrtg a wrtt of _r11 orlop of ■ rec.lrar; or any � to p� pe"Wity. Itdudkrg to" or Bepoitg of such piOpal ty wf{h .a w)tliout 1aQid■1. pfoc■st Article Sof fha Uniform Commercial Code. Any dhpatsS, claims1 or cgrbowsrsita covanv ng the law m w or of erry act or exsreaaa of my right, aottaaenttg.s ry ProwR. +g my olein to essrdnd, reform, or oflmwlss .rry ■wesmrarrt nbdnp to d1a Property, sista =iso be arbtoraad, pfeMdad lhovraysr drat -rig arbitnta gW A■w:da nfgfrt or d1a • to er{jO1n w r�esotrdn any set of any perry. Trustor and Larder agree that in the t avant of an acct rt 1. * Judicial foredosa I r . , , 4 to GOfomb Code of ClvO Procedure Suction 728, or arty shraw ptbvbkx in any cow site, tilts cur■nina Wrt of Such an . " will not convitu • waMr of tha right rA arbfOrri ane tha ooaM ttW refer to arbttrallon as nauc1e. of such action. k 111 ill 9 as i■ O liy may be epico.ed to cubiti Born. Judgment upon soy on—-randse by. Moly oloftew nisy be surto In ani + COMM hatdrtg )1QisdkdOrh. Nodlrg in cls Deed of Trust ■hall pnebda Nary parer from seelft "+halls rsiaf from a sours of " ; Jt■issDcdoil. The Statute o1 gmlladorss, esmppal. waWw, Iecllss. srhd ahnrgsrdoctrThas whldr Would ad+slwfss be applicable, �; >n on DforrgtR�by a perry sW be appk 1,1 In say o 11 tial prOCaarilg, and ft aormlet1ar11er1t e1"an obiaralloa prooes4r 0 efts/ desnNQ U1seoetaeleneaerrSnt of on Wl., for U1aa purposes. TN Fed" Arbitration Act sflag apply) to the cahs&Wft . ' 1loresrrhsrrt of this wbhtradon ps wit on. I • , . and sIC Hsadtrlgs. Caption beadings in this Deed of Trust we for convenlanue purposes only and are not Pro be used to Interpret a, deft toe provisions of this Deed of Trust. ' There shall be no merger of the interest or estate created by fhi Deed of Trust with any other Interest or eafete M the at any tlmelheld by or for the benefit of Lender in any capacity, without the written consent of Lenr~er. ' O Law. This Deed of Trust will be governed by tedwai low appgcabb to Lander and: t0 the arI not prserrgrtsd br f0ft ' law. two of this Saw of CaMorrda whhout regard to he — 1111sts of taw piovblorrs. Mb Dead of Tr,,st lies been aeospad by " in the Stafe of California. i of Venue. if there to a lawoult, Trustor egress upon Lender's request to submit to the Jurisdiction of tfie courts of Rfverelde ' CCU . State of Cefifornie. f `, tie �stver by Lerhd i. Larder shall not be dear ed to have waived any tights under this Deed of Trust urdan such watm Is ghren In • ' vwld and signed by Lender. No delay or omlaelon on the part of Lender In exerclaing'any right shag operate as a wafvm of such . right r any odor richt. A waWer by Lender of a provision of this Deed of Trust shall not p *Wine or eonaltutei a waiver of Larder's • right etinmvyiae to demand strict compliance with that provlabn or any other provision of We Dead of most. No prior waiver by Land nor any course of deagng between Lander and Trustorr shag conatituta a wahrw of arty of Leader's rights or of any of T 's obltgetions as to any tudue transeotiona. Whenever the consent of lender Is required under this Beed ;of Tnret, to granting • ! of h care , byl Lander in any Instance shag not constitute continuing corlaerrt to aMbasgwnt trsstarxaa where such cooaaht M ', ,' •`�� ,;.f�'r y' ,' _ Vit* �. r - DEED OF TRUST (Continued) Page 8 required and In all cases auah torment may be granted or withheld in the Sole dberetion of lender. H e court of oompeWm juisdietion finds any provision of this Deed of Trust to be Wegal, imrau or uiren(orceattle as to any circ imstance, that finding shell not make the offending provision Woo, bwaNd, or unenforceable as to any"Othee clrchurmtarhee, if feaaiDle the oftendtnq provision shell be considered modified so that it beeomas hegal, valid and entorceAlad if the offending cannot be so nnodiRed, It ahell be considered deleted from this Deed of • Trust Unless oterwlsa negh,jred by taw, the it or iawftroeabft of any provision of this Deed of Trust shall not affect the legality, vslbity or enforceabWty of any ° provision of this Deed of Trust. this DOW of Trust S ora and Assign. Subject to am limitations stated In this Deed of Trust on trartefer o � I rship oI � I ft�rty becomes shat) binding upon and bare to the benefit of the parties, their sueat"rs and WO. If venter n a person other than Trustor, Lender, without notice to Trustor, may deal wM Trustor's succomrs with nefoencoe to this Deed o Trust and the hxdebas tedness by way of forbearance or extension without releing Trustor from the oDdgatona of this Deed of Trust o liability under the Indebtedness. Thm to of to Essaheu . Time Is of" essence In the performance of this Deed of Trust DieMlI1on The following capitalized words antom is tes shall have the following meanings when used in this Dsed of Trust. Untea opecificallto the contrary, ell references to dollar arm== shall moan encu In lawful money of the Urdted iStetss of America. Words and y rens toed in the sbhgurier shag include the plural, and the plural shall include the singular, as the context may requlne. wards and to if— n6t otherwise defined in this Deed of Trust shall have the meaNngs Sttrtb<Rad to such terror In the Uniform ConerrheretaI Code: The word '8eneficlery' means Canyon National Bank, and he Sur:oeasors and saaigrm. The worth "Borrower' means INDIAN SPRINGS QOLF CLUB, LLC and includes all cosigners and co?makers signing the Nota a an their eucrausoa and assigns. Lander, I�d Trust. Thea aeaigroviont and sec rityofTrust' mean this Deed of Trust amofig Truster, trnerest provitlono role" o the Personal Property and Rents Trhotae, an4 hhckrdea whlatA D�The word -Default' means the Default set forth in this Deed of Trust M the section ehted 'Default'. 1 rttal tows. The words 'Environmental! Laws' mean any and all state, federal and local statutaa, regulations and ordinances neteti o the protection of human health or the onvironment. Including without limitation tune Compnefnenslve Environmental Respohse, Compenseton, and Liability Act of logo, as amended, 42 U.S.C. Section awl, at seq. t'CERCIIA'), the Superh+nd Amon merits and Re6uthoriza ion Act of 1988, Pub. L. No. 99.499 ('SARA`), the Hazard= Materials Tracsportstlon Act. 46.5 h 7.S.C. 1801, at so., the Resource Cor servstlon and Recovery Act. 42 V.S.C. Section Ml, at seq., Cihaptere 7 of DMskpn 20 of the Oallforrde Health and Safety Code, Section 26100, at seq., or other applicable state of federal laws, rubs, or requie dons adopted pursuantthhereto. Event of Default. The words 'Event of Default" mean any of the events of default set forth in this Deed ;of ThM In the events of defau t section of thla Deed of Trot. The wont 'Guarantor' mearm any guwarrtor, surety, or accommodation party of erry OF alt of the'I detitadness. p The word 'Guaranty' means the guaranty from Gusrenor to Lerdet, Including without limitation s gua:ertty of all of pert of the Subsbatces. The words 'Hazwdova Subatancas' mean matartab that, because of their cuamity, cotroentration or chemical or infectious characteristce, may cause or f» a pment or potential hazard to human Iheehlh or the envttonntM whet Improperly used, fronted, atoned, disposed of, generated. mommwtured, transported or otherw+ae handled, The words •Mazatlous Substances' are used in their very broadest serine and Include without fbnftBf n any and an hazardous of toxic s Hees, materials or waste as defined by or listed under the EnevhomnorrtaI Laws. The term 'Hazardous Substances also Ina ea, without tirrtltaton, petroleum end petroleum by-products or any fraction thereof and asbestos. TheI word ' improvemsrrta' means an existing and future Improvements, buildings, atructurea, n+ob8e hones affixed on the I Property, teclMias, additions, replacemWits and other eormtruetfon on the Real Property. buk The word "badebtednese' moons all principal, bnerest, and other amowits, costa and expenses payable under the Note or the Note of R fated Documents, together with all renewals at. extenslorrt► lot, modifleators of. conaoltdetions of and a orluba tigress incurred by or R fated Documents end any amounts expended or advanced by Lender to discharge Tnator's Obligadons bn fhb T or Lender to enforce Tnotor's obligations under this Deed of Trust together with Interest on such smounte as provided of Trutt. The word Lander' means Canyon Nationsl Bank, Its Successors and assigns. 1to4. The word 'Note' means the promissory nota dated July 14. 2Go8, 1n the 0001na1. P�P� 8nVMM of 83 7,000.00 from Trustor o Lander, togetmr with ea renewals of, extermiorha of, modiffereiorm� of, r*fbandrtga of, m Nations of. land suloo rtiors for the promissory note or agreement. NOTICE TO TRUSTOR: THE] NOTE =ffAMS A VA BLF INTEAEOT RATE If w or prcWty.I The words 'Personal Property' mean all equlpmsnt, f(xwros. and other artiW �t nom► �' � he r owned by Trustor, and now or hereafter attached or affixed to the Real Property, together add dorm to, all repiecemems of. and all substitvtform for, eery of such property: ' whir aroCeWa (including without aml all (naurance proceeds and refunds of premiuma) from any eels or other disposition of the pmpery. . The word 'Property' means couecttvety the Reel Property and the Personal Property. property. Tits words 'Real Property' mean the rent property. bntereata and rights, as fix d r described in Cull Deed of Trust. Rof td Doarnenb. The words 'Related Docurnems' mean all promissory notes, credit egreemerts too *grow, nts, securftY t DEED OF TRUST ' (Continued) Page g egreem Ira, mom"" deeds of trust, security deeds, co0aferal mortgages, and a9 o:lher:trhatrlarherrte, egrvamerifa and docurnerts, whwany guaranty or now or hereafter exbting, executed In connection with the' k:debodnesa: except that the words do rimmean envfron rental agreement, whether now or hereafter existing. executed In connection with the Udebtedrroaa. Rents: The word "Reirte" means all present and future leases, rents. revenues, income, Issues, royalties, profits,) end other benfits, e derived from the Propertydh togear with the cash proceeds o1 the Renta. , TrusM. The word 'iruatee" mane Firat American Tide htaurance Company, whose address Is 3026 FourearRh Street.. Riverside. CA 92lI 0I and any eribsgtutsor suocsseor trustees. i Trustor) The word "TIiiwtor" means INOtAN SPRNGS IGOLF CLUB, LLC. TRUSTOR CKNOViLEDGES HAVING READ ALL THE PROVMMS OF TM Dt� OF TRUST. AND TRUSTOR AORffB TO RS TOM, INCLUD019 THE VARIABLE RATE PROVISIONS OF THE NOTE SECURED BY THIS DEED OF TRUST. +TRUSTOR: i. • orDtaN sm goes e JIM enegerfof vw1AH SPHS106 OW CLUB. LLC 'CERTIFICATE OF: ACKNOWLEDGMENT STATE OF ) t COUNTY O F t on , 20 before me, hem hhsertnam am V= or" r) personally appeared NEIL FVXH. who proved to me on the basis of astisfectory evtdenx to be the penin- whose name( b( subscrlbed to the within khatrurnent and acknowledged to ma that hd&*" executed the carne in hiOW and =Uum hl9/IIyVb1)jC signaturso on the lrwbv mmt, the pemonl5e oree thhmitity uipon behalf of which the pemnr�bcted, executed the * ' I csrtlty PENALTY OF PERJURY under the laws of the Stats of tatliortrrda that the foregoing pamgreph to trot and correct. ,. ---------------- Notary Putlic r i { Ta No: 08.7'26111585-cr0A Lomce No. CAFE M72-0972-0DS1-07.:5113b85 . • LEGAL DESCRWnON ' EXHIM 1" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RIVERSIDE. STATE OFAND I5 DESCRIBED AS FOLLOWS:. _ k• PARCEL ki (APN: 606-210-57) ' .. THOSEPOiil?OkS OF LOT 54 AND LUT K OF TRACT NO. 29062-1, IN THE CRY Of. INDID, CMRM OF RRME ON FILE IN BOOK , PAGES 70 THROUGH 75 INCLUSIVE OF MAPS, RECORDS OF SID COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS PARCEL ON EKMIT 'B' OF (EKMCATE OF CDMPLIANM OF LOT LINE ADAS ME T NO. 1fi=ROES, , RECORD® FEBRUARY 4, 2004 AS DISTRUMEWr NO.2004.0082194, OFFICIAL RECORDS. = , w PARCEL B: (APN: 606.210-51) • - LOT C OF T RACT ND. 29781-3, IN THE CITY OF INDIO, AS SHOWN E Y MAP ON -FU IND" 310. 91 96, INC LUSTVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE , ' • . PARCEL C: ': (APN: 606-210.29 AND 46) LOT D OF TRACT NO. 29781-3, IH THE CRY OF mio, AS SHmBY MAP 001LE I N 80100A. PAGE( 91 THROUGH 96, D�USIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RiVERSIM : , CALIFORNIA ; , PARCEL D: � (APN: 606••48055,62 AND 606-490.18 AND 33) f NEW LiTT IIf OF CERTWICATE OF COMPLIANCE REQ SEPTEMBER 20, 2001, AS MSTRIJMENT NO. y 2001- 455814, OFFICIAL RECORDS, DEscR BED AS Kum: i BEING A PORTIOrJ OF LOT'S 1 THROUGH 20 AND A PORTION OF LOT "D" IN THE Clf1("OF IIdDD, COUNTY OF RIYERSIDFY STATE OF CALIFORNIA, AS SHOWN ON A MAP OFTRACT No. 29063,.RMMED IN BOOK. 301, PAGES 24 THROUGH 28, INUUSM OF MAPS, OW'CIAL RECORDS OF SAID COUffTY. ; • PARCEL E' (AM: 60' .W-21) ADI snij PARCEL. I OF LOT LINE AMSTMENT N0.16-06 RECORDED ]uy 2 ,.2000BEM DESCRIBED AS , NO. 2000•;289817 OF OFFICIAL RECORDS OF RIVERSIDE C3OLW", CALIPORr11A. FOLLOWS: i A PORTI01N OF. PARCEL 1,,VJ THE' CITY OF INMD, COUNTY OF'RIVERSIDE, STATE OF CAL OAHiA AS DESCRIBED INAJDT LIKE MUSTMENT 16-60 RECORDED 3anuary 21, 2000 AS INSTRUMENT/FILE N0.229@9 OF OFFIC�AL RECORDS OF SAID COUNTY. ' ' EXCEFT ANY PORTION LYING WITHIN TRACT NO.29063.1, AS SHOWN BY MAP. CH MIN 8=320, PAGES , 44 THRORiG! 153, INCLUSWE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COl3NTY, ; � ' CALiPORtitIA- ALSO E>OCEPT ANY PORTION LYING WITHIN TRACT NO.29063, AS SWWN BY MAP ON FILE IN BOOK 335, PAGES 64 THROUGH 73, INCIMSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE ;. COUNTY,ICA IFORN1fL PARCEL F: (APN- 600-0501D, 600-051.21, 600-060.39) AD3RJSTFD PROPERTY vC OF LOT LINE A Rb-TMENT NCR.•200.1-353 AS DEPICTED ON Ea0118Ca "B' OFTHAT CERTAIN GRANT DEED RECORDED 300 6,•2001.AS NO. 2001-311435 OF OFfiCTAJ.AECORDS AND APPROVED BY THE CITY OF MUM, OESLRIBE4 AS POLLaWS: j ' Page I of 6 Tpje He. W7=111585 -C -W (cxmt-I swed Locate No. CAFKTQM4)M-W51-0725111 THE EAST HALF OF THE EAST THREE�QUARTERS AND THE EAST HALF OF THE WEST HALF Of THE EAST OF SMMN 29, TowNSKIP 5 9X9K RANGE7 EAST; THREE-Q�� ALL IN THE NORTHEAST QUARTS MENT SURVEY. SAN BERNARDINCI BASE AND MERIDIAN, AS SHOWN gy UNITED STATES GOVERN I DEWTINGTHERBiM ANY pOlMON OFTRACr2leOM.UDING LOT 36, AS SHOWN By BOOK 4L PAGES 37, 38 AND 39 OF MAPS, RECORDS OF RDMISIDE COUNTY, CAMPAkMAPONF&E IIr I . At.50 EXCEPTING THBGTDM ANY PORTION THEREOF INClJJDED IN TRACT 2190, AS SHDWN BY MAP ON FILE IN BOOK 41, PAGS 55, 56 AND 57 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA* AM OU-piMnoe" THAT POFMON OFTHEiCATHEASTqKRTEROF MMON 29, TCWMKP 5 SOUTH, PANGE 7 UW SAN M3kNARDINO MERIDIAK ACCORDING TO AN OFF03AL PLAT OF SAID LAND FILE IN MJE DISrR3CT LAND OFFICE DESCRWED AS FOLLOWS: BEGDMG AT THE NORTHEAST CORNER OF LOT 16 OF TRACT NO. 2190, AS giOWN By MAP ON FILE IN BOOK 41, PAM 55 THROUGH 57, DMtSIVE OF 'MAPS, RECORDS OF RIVEIRSIDE OMM, CALIFORNIA; THENCE NOM er 39,21m EAST 11.00 FEET ON THE. SOUTHERLY LINE OF LOT PP OF SAID TRACT NO. 2190; THENCE SOUTH 006 OW 39"EAST 100M FEET TO THE ViTERSECTION'WITH THE EAMMY iil'�N OF THE SOUTHERLY LINE OF SAID LOT lryTHEMM SOUTH Br 3Y 2r WEST 11M RMT107HE kUT_HEASii CORNER OF SAID LOT 16; THENCE NORTH WW 37- WEST 100.00 FEET ON THE EAST'ERLY LINE OF SAID LOT TO THE PONT OF BEGINKM ALSO EXCEPTING Ttjj3aOM THAT POiMON THEREOF DESCRIBED AS FOLLOWS: awmexin AT THE mog -wwnmksrSLy CORNER OF Lar 54 -vRkCT 218%,A5 SkO0 By 'KkP ON FILE IN K 41, PAGE 39.'()F'KAP .S;REC0RbS Of RIVERSIDE 6��,,C—ALIFORNIA; SAIDW� tEM AT THE TRUE POINT OpW0#nW;*TjM SOUTH Wo 19- 20r EAST AiDfStANCE ' OF W.44 FEET;'T-HENCE SOUTH Wl" 3V EASrA -DjSTMMOF'-q4.92-fEET- THENCE SOUTH} . 09P . .5V . 21". Th-DISTANCEOF ,WES.. .•. 30.00 FEET; THENCE WM OOP OVW WEST A 6Lffia OF 100 -WW SAID POPff -88M AT THE TRUE POINT OF BEGINKNG. ALSO SOCEO TING THEM" THAT PORTION OF SAID LOT 36 DESCRIBED AS FMOWS: THAT PORTION OF THE NORTHEAST QUARTS OF SECTION 29, TOWNSHIP S SOUTH, RANGE 7 EAST, SAN BERN MINO KEWIAN TOGETHER WITH THOSE PORTIONS OF LOTS 35 AND 36 OF TRACT 2180 AS FoOORDED Di BOCK 41 OF MAPRAGES 37 nTDUGH 39, INCLUSM RECORDS OF RIVERME C)DUNTY' CAUFORNIA, AS AD3USTED PER LOT LINE ADJUSTMENT 89'017, MORE PARTICULARLY DE OMED AS FOLLOWS:' CDMMEMillG AS rWASTERLY CMER OF LOT Olftl WEST A-DWANCE WlW FEET jt.,kPO&r-.QN.THE, EASTIRLYI-INE1OAF Wr EASTEItL.Y ALONG A CURVE tWft� HAMMA'RADI%JS*,OF 4AAFEMOOM AN NtME OF 3y 25" AN ARC LENGTH OF 62.93 FEET THE PILE1ItOtlST1M0 COURSES BE1tGAU3NG iiO:�JtiiH181LY OF H JU jF7ATD PARCEL G.: (APN: 600-07011) 1• PARC& 3 OF Lo;r LINE ADJUM71ENT NO. 2004WAPPROVED W THE:ClTY -OF UA: QUINTA -December 9, 2003 AS SHOWN IN THAT CERTAIN GRANTDEED DWRhb�r-12; jbM'AS,'D6TKp4ENTNO;. 266 974537, OFFICIAL RECORDS OF RIVERSIDE COUNTY, Ck#OMA, DESCRIBED AS FOLLOWS:THA— 7 EAST, SAN TANL) MERIDIAN, IH THE CITY CIF DrDICL RECORDS OF RIIiERSZDE COUNTY, CAL�iIA• e OF THE NORTHWEST QUARTER OF SECTi�i 28, T01NPiSHM 5 NOR I N, RATTLE MAMW BEGINNk AT POINT"A! REFERRED TO ADM IN FARM I OFTMIS MGAL 8V ST TAS 7r,7-15 FEET; THENCE NORTH 740 3W 46" EAST; 114 02 FEET, ICE NW OV (W 39' Page 21 of 6 MQMT On (coati -ad) TMe Na 08.725133385 -G -W Loais No. CA TQ9n-09T1-0O51-07$113583 WEST, 70.00 FEET TO THE SOUTHERLY RIGHT OF WAY LUff OF WES HARD HO DRIvE; THL3i NORTH 89° SS 21' FAST, 402.47 FEET; THENCE SOUTH 44" 35' 1S VILEST, 778.26 FEET. TO A TANGENT. CURVE, CONCAVE NORTiN 51'E tLY, HAVING A RADIUS OF 3000.00 FEET; THENCE SOUTibWE'STSLLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 2318'; AN ARC LB6TH OF 282.13.FEET; THENCE NORTH OB' ii 46" WEST, 167.53 FEET; THENCE NORTH Sr 5S ODNEST, 310.00 FEET; THEM SOUTH 8150, 30' WEST, 70.001 FEET; THENCE NORTH 18° 26' 20" WEST,50.00 FEET TO A TANGENT CURVE, CONCAVE SOUTiNVYES'f RLY, HAVING A RADIUS OF 60.00 FEET; THENCE NORTHERLY AND WESTERLY TTtMM A LT3TTRAL ANGLE OF B2° or 38", AN ARC LENGTH OF 85.90 FEET; THENCE SOUTH 79w 02° {NET. 37.78 FEET; 7MMM NORTH 27' 33' 17` WEST, 99.84 FEET; THENCE WXM' 00' 04' 39"WEST,156.13 TM THE POINT OF 88Ca�INING. E CEP I ANY !PORTION LYING WITHIN TRACT 4318, AS SHOWN BY !LAP ON FILE IN BOOK 75, PAGES 20 AND 21 OF MAPS, RIVERSIDE COLRM RECORDS. PARCEL H: (APN: 600.060.26) THAT PORTION OF LOT 25 IN TRACT 2180, AS SHOWN.BY MAP ON FILE IN BOOK 41, PAGES) 37 THROUGH 39 OF MAPS; RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DECRIB® AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF SAID LOT; THEM SOUTH 11° 58' 10 WEST, 162.® FEETTO THE 90MEAST LINE OF SAID LOT: THENM NORTH 060 2T 48' WET, 160.34 FEET TO A POINT ON THE NORTH LINE OF SAID LAT; THENCE SOUTH 89° 21' EAST, 10.00 FEET ON SAIDNORTH LINE TO -HE POINT OF BEG NKM. PARCEL I: (600-051-17) A PORTION! OF LOT 38 OF TRACT 23.80 88Gi1M. G. AT TIRE MOST EASTERLY CORNER OF SAID LOT 38; TML7 a ALM THE SOUTHEASTERLY LINE OF SAID LOT 38 SOUTH 660 VY 35' WEST40.00 FEET; THENCE AST NOKTHWESTERiY IN A DIRECT LINE TO THE MNORTHERLY CORNER OF SAID LOT 38; T KMCE ALONG THE w"EAS ERLY LINE OF SAID LOT 38 90UTH'630 15.35 EAST, 180.42 FEET TO THE POW OF. BEGINNV a, AS SHOWN BY MAP ON FILE IN BOM!41, PAGE(S) 37,38 AND 39 OF MAPS, RBCORDS OF RIVBtSIDE;COLJNITY, CALTPORFIIA, PARCEL)-:(APN 606 590.39) 1" A PORTION OF LCIT G OF TRACT NO. 29781, IN THE CITY OF =10, AS SROM SY MAP ON FL, Al! BOOK 321, PAGES) 41 THROUGH 44, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECARDO OF RNE MM, COUNTY, CALIPORNIAI DEIBED AS FOLLOWS: PARCEL.4 6N L7W18IT "A' ATTACHED TO CS(Tff1CATE OF COMPLIANCE NO. 16-92, REC0RDED February 4, 2003, INS TRUMEKT NO.2003-082335, OFFICIAL RECORDS. PARCEL K:' (604-580.57, 45) lJ3T 155 Of TRACE NO 29063, IN THE CITY OF D010, AS SHOWN BY MAP ON FILE IN BOOK 385, PAGE( 64 THROUGH 73, INCLUSIVE OF MAPS, IN THE ORIM M OF THE COUNTY REC'ORDEt OF RIVERSIDE , CALIFORNIA. PARCEL L (APN: 606-500-15) LAT 1S OFTRACT No. 29781-1, IN THE CITYOF INDID AS SHOWN BY MAP ON FILE -IN BOOK 83, malwvE of MAPS, IN THE OFFICE OF THE ODUNW Rw=)ER OF RIVERSIDE OOLJRTY, PARCEL M: (APN: 600.090001 AND 003) THAT poi r= OF THE WEST 1/2 OF THE NORTNWEST 1/40F SECTION28, TO NNSW5 SQL RANGE 7 EAST,SAN,; BHWARDINO MERIDIAN, IN THE CrTY OF INDIO CUUTN:TY OF WVERSTDE, STATEwAvamak ACCORDING TO THE OFC• m PLAT motiAF, DE� AS FOLLOWS: BEGINNING AT A POINT IN'THE WEST LINE OF SAID Sli M ON, THAT 15 DsrANT SOUTH 0° B' fASf,17TD95 FEET FROM THE NORiMWEST CORNER OF SAID SBUM' RUNNING THENCE NORTH 78' 18' EAST; 133.25 FEET; THENCE NORTHEASTERLY ON A UNIFORM CURYF GONG4VE TO THE Nomwsr, TO WHFQL SAID Page 3 fof 6 r ola; (contlumed) Tole Na W72suisas-6,03 LOota Mo. t/�q�pgn-09'12-0p51-0'i2511S585 ' r LAST DESCRIBED LINE IS TANGENT AND HAVING A RADIUS OF 1346.28 FEET, A DLSTAHCE OF 914.04 FEET; THENCE MORIN 39° 24' EAST, TANGENT TO SAID CURVE, 664.98 FEET TO THE EAST L'HE OF THE WESf1 IR OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 06' WEST, ALONG SAID EAST LINE, 743.71 FEET TO A POINT IN THE NORTH LINE OF SAID SEC DISTANT NORTH 89° 48' EAST, 1322.64 FEET FROM THE mxmwiEEST CORNER OF'SALD SAN; TWICE SOUTH 37° OB' 30" W13T,1208.90 FEET; THENCE. MiifliWESTEiRLY ON A UNT M CURVE CO#K'AVETO THE NORTHWEST, TO WHICH SAID LAST DESCRIBED LINE is TANGENT AND HAYING A. RADIUS -OF 946.28 FEET, A DISTANCE OF 642.46 FEET; THENCE SOUTH 0' OB' EAST, ALONG SAID WEST LINE 4083D FEET TO THE POINT OF BEGIMM. . sow T THAT P0RMN LYING IN THE SOUiNWEST 1/4 OF THE NORTHWEST 114 OF SE7I014 28, RIVERSIDE, STATEOFACALIFORNIA, ACCORD OFFXIAL PLAT THEREOF. SAN MMMM MERMIAN, IN THE aly OF SID, COUNi1� OF ALSO EXCEPT THAT PORTION DESaUBED AS FOLLOWS: BEGINNWG AT THE NORTHEASTO0RNItR O.FTHE WEST 19 OF THE NORTKWEST 114 OF SAIDSE 71M 28;. THENCE SOUTH 37°' ll' 18' WEST, 1'00635 FEET; THENCE NORTT4EASTERI.Y.ALONGTHE ARC.OF A CURVE CONCAVE 'TO THE LEFT WHOSE TAZS_F BEARS NORTH SD° 41' 52ft EAST HAVING A RADWS. OF MOM FEET, THROUGH A CENTRAL ANGLE OF 6° OS 37-,319.06 FEETTO A POINT OF TANGENT; tkat E {STH 44° 36' 15' EAST, 530.60 FEE'T'TO 11E EAST UWE OF SAID WEST 112 OF THE NOiRTfi'Wr 214"TH&OCE NORTH 209:09 FEET TO THE POINT OF BISZNNING. D(CEPT ANY pogTION LYING WITH TRACT 4518 IN THE C77Y OF INDIO, AS PER MAP RECORDED IN BOOK 75, PAGES 20 AND 21 OF MAPS, IN THE OFFId OF THE COUNTY RECORDER OF RIVERSIDE COUNTTY, GRUFORN16. PARCEL N: (APN: 600080-041 AND 042) InbmWnao Deleted. PARCEL 0: (APN: 600-060'029, 600060008 ANR.6000 A -W) THAT CERTAIN PORTION OF LAND SITUATED IN THE QTY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALffORKIA, BEING A PORTION OF LOTS 17 MID10 OF TRACT -40. 2190, FILED IN BOOK41, PAGES 56 THOUGH 58 OF MAPS IN THE OFFICE OF THE OLNTY RE{ owm OF RIVI3=e COUNTY, I MORE PARTICULARLY DESCRMBED AS FOLLOWS: COMMENCING AT THE CENTERLINE MTeRSECTION OF wESTwARD HO DRIVE AND JEFFERSON STREET, ALSO BEING THE NORTHEAST CORNER OF SAID SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 FAST, SAN BERNARDINO MERIDIAN; THENCE AWNG THE CENTERI INE OF SAID SON STREET, SOUTH 00°06'13" EAST 5331 FEET; THENCE AT RIGHT ANGLES SOUTH 0,5314T WEST 44.00 FEET, TO A POINTON THE WESTERLY FJGW- F - WAY OF SAID 1FFFERSON STREET, SAID POINT LYING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET, AND RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS .NORTH 89W4T'EAST; THENCE ALONG SAID CURVE NORTHWESTERLY 3153 FEET THROUGH A CENTRAL ANGLE OF 90°16'53' ; THENCE ALM -ME SOUTHERLY RIGHT-0F-wAY OF SAID WESTWARD HO DRIVE, SOUTH 89°36'54" WEST 29.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE 1SOUTH 4S14'39- EAST 1933 FEET TO A POINT ON A NOWTAN GEIRT CURVE CONCAVE NORMWESTEf y AND HAVING A RADIUS OF 38.00 FEET, A RADIAL LINE OF SAID CU0E FROM SAID POW BEARS NORTH 55°03 5' WEST, THENCE ALONG SAID CURVE SOUTHWESTERLY 15.80 FEET THROUGH A CENTRAL ANGLE OF• 23°49'; THENCE TANGENT FROM SAID CURVE SOUTH 58°47W WEST 15.99 FEET'TO THE BEGMI14G OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS -OF 32.00 FELT; i THENCE ALONG SAID CURVE SOU wMEST6RLY 32.90 FEET THR UGH A CL7NTRAL ANGLE OF 58° ir; Page 41 of 6 iiJH►�'ti P ,. t 7 � ' • `gyp " • � ' '�. 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CM V MAVH ONV AT&UMM AVON 30MM RMM 1 XWIVd0%WWM3H1OLIMAT6'9BV3.E .%" KM 3MfD GM WOW 1N3 Wt3DMRLL SM,TTSMD-TS00-ZZWZMaLfkW MN WAM , f4J•S'BS•l't R&M VN VNU (pa�cf;nog) �l[BIRDC� EX}UBTT Oa18 (Cmttmed); a ilae No. 08-725120415-G-0) LMM No. CJARft'D972-M-MS14'7L;21]_M NO. 2000-289817 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALTOWRA, BEING DESOMED AS FOLLOWS: • A PORTION OF PARCELS 1, 4 AND 5 IN THE CITY OF INDIO, C tRM OF RIVERSIDE?, STATE OF C#01=11A, AS DESCRIBED IN LAT LINE ADJUSTMENT 16.60 RECORDED 3anwry 21, 2000 AS IlNSTRUMB0/FILE NO. 22959, OFFICIAL RECORDS OF SAID COUNTY. E XCEPTANY PORTION LYV G WIT M TRACT NO..29063, AS SHOWN BY MAP.ON FILE'IILBQOK 33S,. PAGE 64THHRouGm 73, vcLuSIVE OF MAPS, IN THE OFFICE OFTHE OOURT'Y RECORDER OF RIVERSICE COUNTY, ALSO E IC,EFTING ANT PORTION LYING WMUN TRACT NO. 2W53-1, AS SHOWN'BY MAP ON FILEIN BOOK 329, PAGES 44 THROUGH 53, BdC (SIVE OF MAPS, m THE OFFICE OF THE COUNTY OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL W f (APN: 604.062-035 AND 037) ADJUSTED PARCEL 5 OF LOT LINE ADA STMETfT NO. 2000-2M17 OFOFFICIALRECORDS OF RIVERSIDE COUNTY, CALIFORNIA, BEING DESCRIBED AS FOLLOWS: I A POMON OF PARCEL 6 IN THE MY OF ILIO, COUNTY OF RIVSMF, STA7E:C)F CALGORNiq, AS DESCRIBED IN LOT UWE ADJUSTMENT 16.60 RECORDED January 21, 2000, AS At *fl49r- No. 2D00- 22959, OFFICIAL RECORDS. , ALSO EXCEPT ANY PORTION LYING WITH M IVACT NO. 29063, AS SHOWN BY MAP ON FILE M BOOK 335, • PA GES � 6/4 THROUGH 73, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF MERSIDE COUN �XGALIFORNL1. PARCEL X: I (APN: 600-070.010-2) r PARCEL 2 OF EXHIDIT v ON = LINE ADxs7mENT NO. 2003.408 DBCRIB® Det, DEET R6CORDCD `._.._ . December 12, 2003 AS INSTRUMENT N0.2003-974537.OFFICIAL RECORDS FORMERLY DESC�B® AS: t LOTS 40 AND 41 OF TRACT 2190. IN THE CITY OF LA•QUINTA, COUNTY OF MVk�IDE ON fI E:M BOOK 41, , " . r PAGES 561THROUGH 58 INCLUSIVE OF IMPS., RECORDS OF SAID COUNTY, STATE OF MJIffOM MGEf HER WITH THAT POfi 9 OF THE N/.W QUARTER OF SECTION 28, T. S:, R. 7 E, S.B.B. 31 M.1 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE: RECORDS OF S11ID COUNTY. , t Elm OF 1�= DBSC[ImIQdI ' Page 6 of 6