2022-11-30 SDC-Cypress Point Holdings LLC - 2nd DEED of TRUST re SilverRock-TalusRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Cypress Point Holdings, LLC
PO Box 929100
San Diego, CA 92192
Attn: Mr. Ken Manqueros
DOC # 2022-0486431
11/30/2022 01:24 PM Fees: $317.00
Page 1 of 11
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
"This document was electronically submitted
to the County of Riverside for recording**
Receipted by: LISA #580
SPACE ABOVE TH IS LINE FOR RECORDER'S USE
SECOND DEED OF TRUST AND FIXTURE FILING WITH ASSIGNMENT OF RENTS
(This Deed of Trust contains an acceleration clause)
This SECOND DEED OF TRUST AND FIXTURE FILING WITH ASSIGNMENT OF
RENTS ("Deed of Trust"), made and effective as of November 18, between SilverRock
Development Company, LLC, a Delaware limited liability company, herein called "TRUSTOR,"
whose address is 343 Fourth Avenue, San Diego, California 92101, Fidelity National Title
Insurance Company, a Florida corporation or its designated affiliate or nominee, herein called
"TRUSTEE," and Cypress Point Holdings, LLC Nevada limited liability company, herein called
"BENEFICIARY".
WITNESSETH: That Trustor does hereby give, grant, bargain, sell, warrant, convey,
mortgage, transfer, grant a security interest in, set over, deliver, confirm and convey unto Trustee,
in Trust, with Power of Sale and right of entry upon the terms and conditions of this Deed of Trust
that property in the County of Riverside, State of California, as described in Exhibit A incorporated
herein by reference, together with all buildings, structures, facilities and other improvements now
or hereafter located on the property, and all building material, building equipment, supplies and
fixtures of every kind and nature now or hereafter located on the property or attached to, contained
in or used in connection with any such buildings, structures, facilities or other improvements, and
all appurtenances and additions thereto and betterments, renewals, substitutions and replacements
thereof, and the rents, issues and profits of all of the foregoing, owned by Trustor or in which
Trustor has or shall acquire an interest (collectively, the "Property"), subject, however, to the right,
power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such
rents, issues and profits for the purpose of securing (1) payment of all obligations at any time
owing under that certain Promissory Note payable by Trustor, SilverRock Phase I, LLC, The
Robert Green Company and RGC La Quinta, LLC, collectively as maker, to the order of
Beneficiary or order, executed concurrently herewith (the "Note"), evidencing a loan from
Beneficiary to Trustor in the original principal amount of $31,464,425.00, and (2) the performance
of each agreement and obligation of Trustor incorporated by reference or contained herein and all
costs of enforcement thereof and hereof.
If the Trustor shall sell or convey said Property or shall be divested of its title or any interest
therein in any manner or way, whether voluntarily or involuntarily, without the written consent of
the Beneficiary being first had and obtained, Beneficiary shall have the right, at its option, except
4890-6253-4719.1
• DOC #2022-0486431 Page 2 of 11
as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the
maturity date specified in any note evidencing the same, immediately due and payable.
SURETYSHIP WAIVERS. Given that the maker under the Note includes persons in addition
to Trustor, to the extent that the laws of the State of California would characterize Trustor as a
guarantor or surety by virtue of Trustor's undertakings hereunder, Trustor makes the following
waivers:
a. Trustor hereby waives the rights and benefits under California Civil Code ("CC")
Section 2819, and agrees that by doing so Trustor's liability shall continue even if
the Beneficiary alters in any respect any obligations under Note which are deemed
guaranteed by Trustor (for the purpose of this Suretyship Waivers Section such
obligations are, collectively, the "Guaranteed Obligation") or the Beneficiary's
remedies or rights against any maker under the Note (each, an "Obligor") are in
any way impaired or suspended without Trustor's consent.
b. Trustor hereby waives any and all benefits and defenses under CC Section 2810
and agrees that by doing so Trustor is liable even if the Obligor had no liability at
the time of execution of the Note or thereafter ceased to be liable. Trustor hereby
waives any and all benefits and defenses under CC Section 2809 and agrees that
by doing so Trustor's liability may be larger in amount and more burdensome
than that of the Obligor.
c. Trustor hereby waives any and all benefits and defenses under CC Sections 2845,
2849, 2850, 2899 and 3433, including, without limitation, the right to require the
Beneficiary to (i) proceed against the Obligor or any other guarantor or pledgor,
(ii) proceed against or exhaust any security or collateral the Beneficiary may hold,
or (iii) pursue any other right or remedy for Trustor's benefit, and agrees that the
Beneficiary may proceed against Trustor for the Guaranteed Obligation without
taking any action against the Obligor or any other guarantor or pledgor and
without proceeding against or exhausting any security or collateral the
Beneficiary holds. Trustor agrees that the Beneficiary may unqualifiedly exercise
in its sole and absolute discretion, any or all rights and remedies available to it
against the Obligor or any other guarantor or pledgor without impairing the
Beneficiary's rights and remedies in enforcing the provisions of this Deed of
Trust as to which Trustor is a guarantor or surety under the provisions of
California law, under which Trustor's liabilities shall remain independent and
unconditional. Trustor agrees that the Beneficiary's exercise of certain of such
rights or remedies may affect or eliminate Trustor's right of subrogation or
recovery against the Obligor and that Trustor may incur partially or totally non -
reimbursable liability under this Deed of Trust. Without limiting the generality of
the foregoing, Trustor expressly waives any and all benefits and defenses under or
based upon (1) California Code of Civil Procedure ("CCP") Section 580a or
726(b), which would otherwise limit Trustor's liability after a non judicial or
judicial foreclosure sale to the difference between the obligations guaranteed
herein and the fair market value or fair value, respectively, of the Premises or
interests sold at such non judicial or judicial foreclosure sale, (2) CCP Sections
-2-
4890-6253-4719.1
DOC #2022-0486431 Page 3 of 11
580b and 580d, which would otherwise limit the Beneficiary's right to recover a
deficiency judgment with respect to purchase money obligations and after a non -
judicial or judicial foreclosure sale, respectively, (3) CCP Section 726 which,
among other things, would otherwise require the Beneficiary to exhaust all of its
security before a personal judgment may be obtained for a deficiency, and (4)
Union Bank v. Gradsky or subsequent judicial decisions arising out of or related
to CCP Sections 726, 580a, 580b or 580d.
d. Without limiting the generality of the foregoing, Trustor waives all rights and
defenses arising out of an election of remedies by the Beneficiary, even though
that election of remedies, such as a nonjudicial or judicial foreclosure with respect
to security for a Guaranteed Obligation, has destroyed Trustor's rights of
subrogation and reimbursement against the Obligor by the operation of Section
580d of the California Code of Civil Procedure or otherwise. In addition, Trustor
waives all rights and defenses that Trustor may have because the Guaranteed
Obligation is secured by real property. This means, among other things:
(1) The Beneficiary may collect from Trustor without first foreclosing on any
real or personal property collateral pledged by any other Obligor.
(2) If the Beneficiary forecloses on any real property collateral pledged by
any other Obligor:
(a) The amount of the Guaranteed Obligation may be reduced only by
the price for which that collateral is sold at the foreclosure sale,
even if the collateral is worth more than the sale price.
(b) The Beneficiary may collect from Trustor even if the Beneficiary,
by foreclosing on the real property collateral, has destroyed any
right Trustor may have to collect from the Obligor.
This is an unconditional and irrevocable waiver of any rights and defenses Trustor
may have because the Guaranteed Obligation is secured by real property. These
rights and defenses include, but are not limited to, any rights or defenses based upon
Section 580a, 580b, 580d or 726 of the California Code of Civil Procedure.
e. Trustor hereby waives all benefits and defenses under CC Sections 2847, 2848
and 2849 and agrees that Trustor shall have no right of subrogation or
reimbursement against the Obligor, no right of subrogation against any collateral
or security provided for the Note and no right of contribution against any other
guarantor or pledgor unless and until all amounts due under the Note have been
paid in full and the Beneficiary has released, transferred or disposed of all of its
right, title and interest in any collateral or security. To the extent Trustor's waiver
of these rights of subrogation, reimbursement or contribution as set forth herein is
found by a court of competent jurisdiction to be void or voidable for any reason,
Trustor agrees that Trustor's rights of subrogation and reimbursement against the
Obligor and Trustor's right of subrogation against any collateral or security shall
be unconditionally junior and subordinate to the Beneficiary's rights against the
-3-
4890-6253-4719.1
DOC #2022-0486431 Page 4 of 11
Obligor and to the Beneficiary's right, title and interest in such collateral or
security, and Trustor's right of contribution against any other guarantor or pledgor
shall be unconditionally junior and subordinate to the Beneficiary's rights against
such other guarantor or pledgor.
f. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING OR ANY
OTHER PROVISION HEREOF, TO THE EXTENT PERMITTED BY LAW,
TRUSTOR EXPRESSLY WAIVES AND AGREES NOT TO ASSERT ANY
AND ALL RIGHTS AND DEFENSES ARISING DIRECTLY OR
INDIRECTLY UNDER ANY ONE OR MORE OF CALIFORNIA CIVIL CODE
SECTIONS 2787 TO 2855 INCLUSIVE AND CHAPTER 2 OF TITLE 14, 2899
AND 3433 AND UNDER CALIFORNIA CODE OF CIVIL PROCEDURE
SECTIONS 580A, 580B, 580D AND 726.
To protect the security of this Deed of Trust, and with respect to the property above
described, Trustor expressly makes each and all of the agreements, and adopts and agrees to
perform and be bound by each and all of the terms and provisions set forth in subdivision A, and
it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the
fictitious deed of trust recorded in the book and at the page of Official Records in the office of the
county recorder of the county where said Property is located, noted below opposite the name of
such county, namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 556 King 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31 Lake 437 110 Plumes 166 1307 Siskiyou 506 762
Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621
Butte 1330 513 Los T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Angeles
Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56
Colusa 323 391 Marin 1849 122 San 6213 768 Sutter 655 585
Bernardino
Contra 4684 1 Mariposa 90 453 San A-804 596 Tehama 457 183
Costa Francisco
Del Norte 101 549 Mendocino 667 99 San 2855 283 Trinity 108 595
Joaquin
El Dorado 704 635 Merced 1660 753 San Luis 1311 137 Tulare 2530 108
Obispo
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160
Glenn 469 76 Mono 69 302 Santa 2065 881 Ventura 2607 237
Barbara
Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693
Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,
Page 149774
The provisions hereof shall inure to and bind the parties hereto, with respect to the Property
above described. Said agreements, terms and provisions contained in said Subdivision A and B,
(identical in all counties and attached hereto) are by the within reference thereto, incorporated
herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein,
and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the
charge therefor does not exceed the maximum allowed by law.
-4-
4890-6253-4719.1
DOC #2022-0486431 Page 5 of 11
The undersigned Trustor, requests that a copy of any notice of default and any notice of
sale hereunder be mailed to him at his address hereinbefore set forth.
IN WITNESS WHEREOF, the undersigned has executed this Deed of Trust as of the day
and year first above written.
TRUSTOR:
SILVERROCK DEVELOPMENT COMPANY, LLC,
a Delaware limited liability company,
By: The Robert Green Company, its Manager
By: <
Name: Rob rt -S;
Its: President
STATE OF CALIFORNIA )
ss. f 1'
COUNTY OF SAN DIEGO ) �'�
On . QA before me ■ Lt Yi (11G_ [. i re-- - , Notary
Public, personally appeared S , who proved to me on the
basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within
instrument and acknowledged to me that h .+i e executed the same in his/her/their authorized
capacity(ies), and that by his/her/their sign ure(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted xecuted the instrument.
I certify under PENALTY OF ' ERTURY and g. the laws of the State of California that the
foregoing paragraph is true and co
4890-6253-4719.1
ct
otary Public in and for said
County and State
-5-
(SEAL)
KATHAR NA CURE I
Coma iwion No. 2333572 t
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
4 r' Commission Expires September 17, 2024
DOC #2022-0486431 Page 6 of 11
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Dego
}
On November 21, 2022 before me, Katherina Clare, Notary Public
(Here insert name and title of the officer)
personally appeared Robert S. Green, Jr.
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(&) Is re subscribed to the within instrument and acknowledged to me that
Ife he/they executed the same inC3heritheir authorized capacity(ies), and that by
er/their signature(s-) on the instrument the person(&), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS r y hand and official seal.
1/1
Notary Public Signature
(Notary Public Seal)
KATHARINA CLARE
Commission No. 2333572
NOTARY PUBLIC - CALIFORNIA 3
SAN DIEGO COUNTY
Cominlsstun Fakes Septimbei 17, 2024
4 •
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMAT ON
This form complies with current California statutes regarding notary wording and,
if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require (Inc California notary to violate California notary
law.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the sante date the acknowledgment is completed.
• The notary public must print his or her none as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they is /eee) or circling the corrcct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
• Indicate the capacity claimed by the signer. if the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
DESCRIPTION OF THE ATTACHED DOCUMENT
Cypress DOT
(Title or descnption of attached document)
(Title or description of attached document continued)
Number of Pages Document Date 11/21/2022
CAPACITY CLAIMED BY THE SIGNER
❑ ividuaI (s)
J7I Co Officer
;Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
DOC #2022-0486431 Page 7 of 11
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL B:
THAT PORTION OF PARCELS 4 AND 18 OF PARCEL MAP NO. 37207, IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY A MAP FILED IN BOOK 242, PAGES
72 THROUGH 87, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
LOT "C" OF LOT LINE ADJUSTMENT NO. 2020-0010, RECORDED JULY 15, 2021 AS INSTRUMENT NO.
2021-0426711 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS DESCRIBED
THEREIN.
PORTION APNS 777-490-041, 777-490-036 AND 777-490-051
PARCEL C:
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 37207, IN THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY A MAP FILED IN BOOK 242, PAGES 72 THROUGH
87, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
LOT "B" OF LOT LINE ADJUSTMENT NO. 2020-0010, RECORDED JULY 16, 2021 AS INSTRUMENT NO.
2021-0428113 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS DESCRIBED
THEREIN.
APN 777-490-037, 777-490-039 AND A PORTION OF 777-490-040
PARCEL G:
THAT PORTION OF PARCELS 6 AND 7 OF PARCEL MAP NO. 37207, IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY A MAP FILED IN BOOK 242, PAGES
72 THROUGH 87, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
PARCEL "A" OF LOT LINE ADJUSTMENT NO. 2020-0005, RECORDED SEPTEMBER 2, 2021 AS
INSTRUMENT NO. 2021-0527060 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA, AS DESCRIBED THEREIN.
PORTION APNS 777-490-043 AND 777-490-044
PARCEL H:
THAT PORTION OF PARCELS 6, 7 AND 8 OF PARCEL MAP NO. 37207, IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY A MAP FILED IN BOOK 242, PAGES
72 THROUGH 87, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
EXHIBIT A
-1-
4890-6253-4719.1
DOC #2022-0486431 Page 8 of 11
PARCEL "B" OF LOT LINE ADJUSTMENT NO. 2020-0005, RECORDED SEPTEMBER 2, 2021 AS
INSTRUMENT NO. 2021-0527060 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA, AS DESCRIBED THEREIN.
PORTION APNS 777-490-043, 777-490-044 AND 777-490-045
PARCEL I:
THAT PORTION OF PARCELS 7 AND 8 OF PARCEL MAP NO. 37207, IN THE CITY OF LA QUINTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY A MAP FILED IN BOOK 242, PAGES
72 THROUGH 87, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
PARCEL "C" OF LOT LINE ADJUSTMENT NO. 2020-0005, RECORDED SEPTEMBER 2, 2021 AS
INSTRUMENT NO. 2021-0527060 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF
CALIFORNIA, AS DESCRIBED THEREIN.
PORTION APNS 777-490-044 AND 777-490-045
PARCEL J:
PARCEL 5 AND LETTERED PARCELS D, E, F AND G OF PARCEL MAP NO. 37207, AS SHOWN BY A MAP
FILED IN BOOK 242, PAGES 72 THROUGH 87, INCLUSIVE OF PARCEL MAPS, IN THE CITY OF LA
QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
RESERVING THEREFROM PARCELS 5 AND 12, ALL OIL, GAS, HYDROCARBON SUBSTANCES, AND
MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN FIVE HUNDRED (500) FEET
BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH, AND TO USE AND
OCCUPY ALL PARTS OF THE PHASE 1A AND 1B PROPERTY LYING MORE THAN FIVE HUNDRED (500)
FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE
EXPLORATION FOR AND PRODUCTION OF OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS
FROM SAID PHASE 1A AND 1B PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT
TO USE EITHER THE SURFACE FROM SAID PHASE 1A AND IB PROPERTY OR ANY PORTION THEREOF
WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES
WHATSOEVER, OR TO USE THE PHASE 1A AND 1B PROPERTY IN SUCH A MANNER AS TO CREATE A
DISTURBANCE TO THE USE OR ENJOYMENT OF THE PHASE 1A AND 1B PROPERTY, AS RESERVED
BY THE CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION AND CHARTER CITY, 1N
THE GRANT DEED RECORDED NOVEMBER 28, 2018, AS INSTRUMENT NO. 2018-0464674 AND
RECORDED NOVEMBER 6, 2017, AS INSTRUMENT NO. 2017-0463950, BOTH OF OFFICIAL RECORDS.
APN 777-490-042, APN 777-060-078, APN 777-490-053, APN 777-490-054, APN 777-490-055
EXHIBIT A
-2-
4890-6253-47]9.1
DOC #2022-0486431 Page 9 of 11
DO NOT RECORD
The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated In the
foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
A. To protect the security of this Deed of Trust, Trustor agrees:
(1) To keep said property In good condition and repair; not to remove or demolish any building thereon; to complete
or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and
to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or
requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit
any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the
character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary.
The amount collected under any fire or other insurance policy may be applied by Beneficiary upon indebtedness secured hereby and
In such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be
released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any
act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers
of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney=s fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose
this Deed.
(4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including
assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part
thereof, which appear to be prior to or superior hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make
or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee
being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect
the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge
or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary
expenses, employ counsel and pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date
of expenditure al the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at
the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed
by law at the time when said statement Is demanded.
B. It is mutually agreed:
(1) That any award of damages in connection with any condemnation for public use of or injury to said property or
any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the
same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right
either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay.
(3) That at any time or from time to time, without liability therefor and without notice, upon written request of
Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for
payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or
plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or
charge hereof.
(4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender
of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose
and upon payment of its fees, Trustee shall reconvey without wan'anty, the property then held hereunder. The recitals in such
reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may
be described as the person or persons legally entitled thereto.
-1-
4890-6253-4719.1
DOC #2022-0486431 Page 10 of 11
(5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority,
during the continuance of these Trusts, to collect the rents, Issues and profits of said property, reserving unto Trustor the right, prior
to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect
and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time
without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any
security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name
sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and
expenses of operation and collection, including reasonable attomey=s fees, upon any indebtedness secured hereby, and in such
order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues
and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any
act done pursuant to such notice.
(6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement
hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration
of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee
shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing
expenditures secured hereby.
After the lapse of such time as may then be required by law fallowing the recordation of said notice of default, and notice of
sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place
fixed by it In sald nonce of sale, either as whole or separate parcels, and In such order as it may determine, at public auction to the
highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion
of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by
public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying
the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall
be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may
purchase at such sale.
-2-
4890-6253-4719.1
DOC #2022-0486431 Page 11 of 11
DO NOT RECORD
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection
with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with
accrued interest at the amount allowed by law in effect et the date hereof; all other sums then secured hereby; and the remainder, if
any, to the person or persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by
instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument,
executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said
property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without
conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the
name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and
address of the new Trustee.
(8) That this Deed applies to inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees,
administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of
the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine
gender includes the feminine andlor neuter, and the singular number includes the plural.
(9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as
provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or
proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.
REQUEST FOR FULL RECONVEYANCE
(To be used only when obligations have been paid In full)
TO: , Trustee
The undersigned is the legal owner and holder of the note or notes, and all other indebtedness secured by the foregoing Deed of
Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and
you are hereby requested and directed, on payment lo you of any sums owing to you under the terms of said Deed of Trust, to cancel
said note or notes above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,
together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust,
all the estate now held by you under the same.
Dated:
Please mail Deed of Trust,
Note and Reconveyance to
-3-
4890-6253-4719.1