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2024-05-14 SDC - NOTICE of DEFAULT by City Under PSDA Amend 5tal &grW CALIFORNIA May 14, 2024 VIA E-MAIL AND REGISTERED FIRST CLASS MAIL RETURN RECEIPT REQUESTED SilverRock Development Company, LLC c/o The Robert Green Company 3551 Fortuna Ranch Road Encinitas, CA 92024 Attention: Robert Green Re: Notice of Default of Purchase, Sale, and Development Agreement Dear Mr. Green: As public records reflect, the City of La Quinta ("City") and SilverRock Development Company, LLC ("Developer" or "SDC"), entered into a Purchase, Sale, and Development Agreement on or about November 19, 2014 ("Original PSDA"), as amended by that certain Amendment No. 1 to PSDA dated on or about October 29, 2015 ("Amendment No. 1"), that certain Amendment No. 2 to PSDA dated on or about April 18, 2017 ("Amendment No. 2"), that certain Amendment No. 3 to PSDA dated on or about November 28, 2018 ("Amendment No. 3"), that certain Amendment No. 4 dated on or about October 12, 2021 ("Amendment No. 4") and that certain Amendment No. 5 dated on or about November 16, 2023 ("Amendment No. 5" and collectively referred to as the "PSDA") for the SilverRock Resort Project, renamed Talus project (the "Project"). Under Amendments Nos. 4 and 5, the Developer and City memorialized the City -approved Revised Capitalization that was then presented to the City by Developer. Based on recorded documents obtained by the City, it appears that Redwood Trust Deed Services, Inc. ("Trustee") recorded in the Riverside County Official Records ("Recorder's Office") that certain NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST, recorded as Document No. 2023- 0130215 (the "Trustee's Default Notice"). Notwithstanding Developer's obligation under the PSDA to deliver timely any such notice of default from a secured lender to the City, Developer did not deliver timely the Trustee's Notice of Default. The Trustee's Default Notice was caused to be recorded by Poppy Bank ("Poppy") for a delinquent payment specified therein, secured by that certain Deed of Trust executed by Developer in favor of Poppy and recorded on October 24, 2021 as Document No. 2021-0628130 (the "Poppy Deed of Trust"). On May 6, 2024, Poppy caused to be recorded that certain NOTICE OF TRUSTEE'S SALE UNDER DEED OF TRUST recorded by the Trustee as Document No. 2024-0131108 (the "Trustee's Notice of Sale"), setting a public auction date of sale for June 4, 2024, at 9:00 a.m. A copy of the Trustee's Notice of Sale is also attached to this Notice of Default. 78495 Calle Tamplco I La Qulnta, California 92253 1760.777,7000 I www.laquintaca.gov 4 awe) CALIFORNIA The Poppy Deed of Trust is recorded against and secured by certain real property that is part of the Project and designated locations and construction sites for "Core Project Components" as defined in Recital K of Amendment No. 5. With the recording and delivery of the Trustee's Notice of Sale, which expressly notices a date of sale for the real property secured by the Poppy Deed of Trust, Developer is and will remain unable to perform its obligations under the PSDA; specifically, Developer is and will be unable to perform in accordance with the City's approved financing for the Project as authorized under Section 211 of the Original PSDA and most recently updated in Amendment No. 5, unless and until the obligation secured by the Poppy Deed of Trust is satisfied and the Trustee's Default Notice and Trustee's Notice of Sale is removed from record title. Default and Cure YOU ARE HEREBY ON NOTICE that, pursuant to that certain AGREEMENT TO WAIVE AND MODIFY NOTICE AND CURE PERIOD (PURCHASE, SALE, AND DEVELOPMENT AGREEMENT) (Cypress Point Holdings LLC Trustee Notice), dated February 7, 2024, between City and Developer (the "Waiver And Modification Agreement"), entered into pursuant to Section 605 of the Original PSDA, the City hereby declares the Developer in "Default" of its obligations under the PSDA. The Trustee's Notice of Sale, and timing thereof, for default under the Poppy Deed of Trust is both "resulting from" and "related to" that certain NOTICE OF TRUSTEE'S SALE recorded as Document No. 2024-0111080 for a default by Developer under a separate deed of trust held by Cypress Point Holdings, LLC ("Cypress"). (See, Waiver And Modification Agreement, ¶ 2.) This letter serves as written Notice of the Default and demands the cure of the Default, as governed by Paragraph 3 of the Waiver and Modification Agreement, within seven (7) days from receipt of this Notice of Default. Cure of the Default must be timely completed either by: (a) payment of all obligations owing to Poppy to remove from title and terminate Trustee's Default Notice and Trustee's Notice of Sale, and to prevent the sale of any or all real property subject to the Poppy Deed of Trust, or (b) execution of forbearance agreement(s) (or other agreement(s)) with Poppy, Cypress, and any and all other lienholders with a deed of trust securing any unpaid obligations, owed by Developer and secured by an interest in real property conveyed to Developer for the Project, to prevent the sale of any or all real property subject to the Poppy Deed of Trust. Developer shall timely deliver to the City Manager and City Attorney all documents (such as any forbearance agreement(s) or other agreement(s)) evidencing compliance with the cure of Developer's Default as specified in this Notice of Default. Developer shall immediately take all actions necessary and proper to prevent the sale of any real property subject to the Poppy Deed of Trust. Additionally, the City hereby retains and reserves any and all rights and remedies available at law or in equity, including those available under any and all provisions in the PSDA, due to Developer's Default and anticipatory default(s). Additionally, pursuant to Sections 508 and 509 of the Original PSDA and Section 7.1 of Amendment No. 5, the City retains and reserves all of its rights cumulatively, and does not 18495 Calle Tampico I La Quinta, California 92253 1160.711.1000 I www.laquintaca.gov HAW waive any other default(s) that Developer may otherwise now or in the future have by delivery of this Notice of Default. Should you have any questions and to schedule a meeting, please contact me at (760) 777-7100. Sincerely, Jon Mc r'' en anager cc: Bill lhrke, City Attorney (via email) Parties listed below and on next pages Clinton L. Blain, Attorney at Law Crosbie Gliner Schiffman et al. 3990 Old Town Avenue, 12750 High Bluff Drive, Suite 250 Suite B-101 San Diego, California 92130 San Diego, CA 92110 Attention: Dana Schiffman Attention: Clinton Blain, Esq. Attention: Thomas Crosbey dschiffman@cgs3.com tcrosbie@cgs3.com Caldarelli Hejmanowski Page & Leer 3398 Carmel Mountain Road Suite 250 San Diego, CA 92121 Attention: William Caldarelli, Esq. wjc@chpllaw.com Michelman & Robinson, LLP Abbey, Weitzenberg, Warren 10880 Wilshire Blvd. & Emery 19th Floor 100 Stony Point Rd, Ste. 200 Los Angeles, CA 90024 Santa Rosa, CA 95401 Attn: Edward D. Vaisbort, Esq. Attn: Mitchell B. Greenberg, Attn: Eric Rans, Esq. Esq. evaisbort@mrilp.com mgreenberg@abbeylaw.com ERans@mrllp.com 18495 Calle lanpieo 1 la 9uinta, California 92253116117 1000 www.laquintacagov tal &grW CALIFORNIA First Pathway Partners Attn: Dan Wycklendt 311 E. Chicago Street, Suite 510 Milwaukee, WI 53202 Keillor Capital Attn: Eric Keillor 2429 W. Coast Hwy, suite 210 Newport Beach, CA 92663 Silver Arch Capital Ziegler Investment Banking Attn: Jeff Wolfer Attn: Aaron Gadouas 411 Hackensack Ave, One North Wacker Drive, Suite 803 Suite 2000 Hackensack, NJ 07601 Chicago, Illinois 60606 Lieef Real Estate Energy Partners LLC Orrick Attn: Caleb Stokes 400 Capitol Mall 5 Union Square West FRNT 1, #1265 Suite 3000 New York, NY 10003 Sacramento, CA 95814-4497 Attn: Jenna Magan, Esq. Attn: Bandon Dias, Esq. jmagan@orrick.com bdias@orrick.com 78495 Calle Tamplco I La Qulnta, California 92253 1760.777,7000 I www.laquintaca.gov RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: REDWOOD TRUST DEED SERVICES, INC. P.O. BOX 6875 SANTA ROSA, CA 95406-0875 DOC # 2024-0131108 05/06/2024 12:47 PM Fees: $116.00 Page 1 of 6 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: AMINAH #6123 LOAN: 01 805585 05 / SILVERROCK OTHER: 91226563 T.S. #: 23101 -PB NOTICE OF TRUSTEE'S SALE UNDER DEED OF TRUST NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED * (3,1 q �f NOTA: SE ADJUNTA UN RESUMEN DE LA INFORMACIdN DE ESTE DOCUMENTO TALA: MAYROONG BUOD NG IMPORMASYON SA DOKUMENTONG ITO NA NAKALAKIP LU'U `(: KE M THEO DAY LA BAN TRINH BAY TOM LLYc'C Vi= THONG TIN TRONG TAI LIEU NAY PURSUANT TO CIVIL CODE § 2923.3(a), THE SUMMARY OF INFORMATION REFERRED TO ABOVE IS NOT ATTACHED TO THE RECORDED COPY OF THIS DOCUMENT, BUT TO THE COPIES PROVIDED TO THE TRUSTOR. YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 10/21/2021. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NOTICE is hereby given that REDWOOD TRUST DEED SERVICES, INC., as trustee, or successor trustee, or substituted trustee pursuant to the Deed of Trust executed by SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company, recorded on 10/25/2021 as Instrument No. 2021-0628130 in Book --, Page -- of Official Records in the office of the County Recorder of RIVERSIDE County, California, and pursuant to the Notice of Default and Election to Sell thereunder recorded 5/5/2023 in Book --, Page --, as Instrument No. 2023-0130215 of said Official Records, WILL SELL on 6/4/2024 In front of the Corona Civic Center, 849 W. Sixth Street, Corona, CA 92882 at 9:00 AM AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable at the time of sale in lawful money of the United States), all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State hereinafter described: See EXHIBIT "A" attached hereto and made a part hereof for Legal Description and APNs A.P.N.: 777-510-001, et al. The property address and other common designation, if any, of the real property described above is purported to be: No Situs Address, La Quinta, CA The undersigned Trustee disclaims any liability for any incorrectness of the property address and other common designation, if any, shown herein. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the undersigned within 10 days of the date of first publication of this Notice of Sale. The property heretofore described is being sold "as is". DOC #2024-0131108 Page 2 of 6 NOTICE OF TRUSTEE'S SALE UNDER DEED OF TRUST LOAN: 01 805585 05 1 SILVERROCK OTHER: 91226563 T.S. #: 23101 -PB The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is: $32,539,912.94. In addition to cash, the Trustee will accept a cashier's check drawn on a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state. In the event tender other than cash is accepted, the Trustee may withhold the issuance of the Trustee's Deed until funds become available to the payee or endorsee as a matter of right. Said sale will be made, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided therein, and the unpaid principal balance of the Note(s) secured by said Deed of Trust with interest thereon as provided in said Note(s), fees, charges and expenses of the trustee and the trusts created by said Deed of Trust. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. Dated: May 3, 2024 REDWOOD TRUST DEED SERVICES, INC., as said Trustee ATTN: ROBERT CULLEN P.O. BOX 6875 SANTA ROSA, CA 95406-0875 ROBERT CULLEN, President NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction. you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder's office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (800) 683-2468 or visit this Internet Web site: www.servicelinkASAP.com. using the Trustee Sale number assigned to this file, T.S. #23101 -PB. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale, EXHIBIT A (Page 1 of 4) LEGAL DESCRIPTION PARCEL A: DOC #2024-0131108 Page 3 of 6 LOTS 1-5, 9-12, 15, 16, 18, 19, 27-29 AND LOTS A THROUGH L OF TRACT NO. 37730, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, FILED IN BOOK 479, PAGES 27 THROUGH 33 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT 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 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 PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE FROM SAID PHASE 1A 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 PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE PHASE 1A PROPERTY, AS RESERVED BY THE CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION AND CHARTER CITY, IN THE GRANT DEED RECORDED NOVEMBER 6, 2017, AS INSTRUMENT NO. 2017-0463950 OF OFFICIAL RECORDS.. (LOTS 6, 7, 8, 13, 14, 17, 20, 21, 22, 23, 24, 25 AND 26 OF TRACT OF NO. 37730 HAVE BEEN REMOVED AS AN ENCUMBRANCE UNDER THE SUBJECT DEED OF TRUST AS SHOWN BY A PARTIAL RECONVEYANCE RECORDED MAY 01, 2023, AS INSTRUMENT NO. 2023-0122688 OFFICIAL RECORDS.) APNs: 777-510-001 / 777-510-002 / 777-510-003 / 777-510-004 / 777-510-005 / 777-510-009 777-510-010 / 777-510-011 / 777-510-012 / 777-510.015 / 777-510-016 / 777-520-002 / 777-520-003 777-520-011 / 777-520-012 / 777-520-013 / 777-520-018 / 777-510-017 / 777-520-014 / 777-520-015 777-520-016 / 777-510-018 / 777-510-019 / 777-510-020 / 777-510-021 / 777-510-022 / 777-510-023 777-520-017 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. APNs: 777-490-058 / 777-490-063 / 777-490-064 / 777-490-065 / 777-490-066 EXHIBIT A (Page 2 of 4) PARCEL C: DOC #2024-0131108 Page 4 of 6 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. APNs: 777-490-037 / 777-490-057 / 777-490-059 / 777-490-068 PARCEL D: THAT PORTION OF PARCEL 10 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 "B" OF LOT UNE ADJUSTMENT NO. 2020-0007, RECORDED AUGUST 20, 2021, AS INSTRUMENT NO. 2021-0499856 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS DESCRIBED THEREIN. (PARCEL D THAT PORTION OF PARCEL 10 OF PARCEL MAP 37207 DESCRIBED AS PARCEL B OF LLA 2020-0007) HAS BEEN REMOVED AS AN ENCUMBRANCE UNDER THE SUBJECT DEED OF TRUST AS SHOWN BY A PARTIAL RECONVEYANCE RECORDED 11/08/2022, AS INSTRUMENT NO. 2022-0463895 OF OFFICIAL RECORDS. APN: 777-060-083) PARCEL E: THAT PORTION OF PARCEL 11 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. 2020-0007, RECORDED AUGUST 20, 2021, AS INSTRUMENT NO, 2021-0499856 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS DESCRIBED THEREIN. (PARCEL E (THAT PORTION OF PARCEL 11 OF PARCEL MAP 37207 DESCRIBED AS PARCEL C OF LLA 2020-0007) HAS BEEN REMOVED AS AN ENCUMBRANCE UNDER THE SUBJECT DEED OF TRUST AS SHOWN BY A PARTIAL RECONVEYANCE RECORDED 11/08/2022, AS INSTRUMENT NO. 2022-0463895 OF OFFICIAL RECORDS. APN: 777-060-085) EXHIBIT A (Page 3 of 4) PARCEL F: DOC #2024-0131108 Page 5 of 6 THAT PORTION OF PARCELS 9, 10, 11 AND 19 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. 2020-0007, RECORDED AUGUST 20, 2021, AS INSTRUMENT NO. 2021-0500015 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, AS DESCRIBED THEREIN. APNs: 777-060-082 / 777-060-084 / 777-490-046 / 777-490-071 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. 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; PARCEL "B" OF LOT UNE 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. APNs: 777-490-0721 777-490-076 PARCEL N: 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: 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. APNs: 777-490-073 / 777-490-074 / 777-490-075 / 777-490-080 EXHIBIT A (Page 4 of 4) PARCEL I: DOC #2024-0131108 Page 6 of 6 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. APNs: 777-490-077 / 777-490-078 / 777-490-079 PARCEL 1 PARCEL 5 AND LL 1 11RED PARCELS 0, 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 PARCEL 5 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 1B 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, IN 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. (PARCEL 12 OF PARCEL MAP 37207 HAS BEEN REMOVED AS AN ENCUMBRANCE UNDER THE SUBJECT DEED OF TRUST AS SHOWN BY A PARTIAL RECONVEYANCE RECORDED 11/08/2022, AS INSTRUMENT NO. 2022-0463895 OF OFFICIAL RECORDS. APNs: 777-060-075 and 777-060-078) APNs: 777-490-042 / 777-490-053 / 777-490-054 / 777-490-055 T.S. #23101 -PB From: Jon McMillen Sent: Tuesday, May 14, 2024 4:37 PM To: Robert S. Green Jr. (robert@therobertgreencompany.com) Cc: Dana Schiffman; Tom Crosbie; wjc@chpllaw.com; Edward D. Vaisbort (LA); Eric Rans (OC); mgreenberg@abbeylaw.com; jmagan@orrick.com; bdias@orrick.com; Monika Radeva; Bill Ihrke Subject: Notice of Default of Purchase, Sale, and Development Agrement Attachments: Notice of Default of Purchase, Sale and Development Agreement Letter 5-14-24[79].pdf; Poppy Bank - Recorded Notice of Trustee's Sale - TS #23101 -PB -- SilverRock (5-6-24) [25].pdf Follow Up Flag: Follow up Flag Status: Completed Good Afternoon Robert, Please see attached Notice of Default. Please contact me to discuss. Regards Jon McMillen 1 City Manager City of La Quinta 78495 Calle Tampico 1 La Quinta, CA 92253 Ph. 760.777.7030 www.laquintaca.gov www.playinlaquinta.com i 4Ottigra City of La Qulnta 78195 Calle Tampico La Quetta CA 92253 CERTIFIED MAIL,. iii i USPS CERTIFIED MAIL 11 111 iii 1 Ai uii 9214 8901 8804 0800 0592 57 11 CALDARELLI HEJMANOWSKI PAGE & LEER ATTN: WILLIAM CALDARELLI ESQ STE 250 3398 CARMEL MOUNTAIN RD SAN DIEGO CA 92121-1044 cell/ Otani MN Cay Tanpto I OUInta CA-922s3- Tracking A 2253 Tracking Number: 9214890188040800059257 Q Copy Add to Informed Delivery Latest Update Your item has been delivered to an agent for final delivery in SAN DIEGO, CA 92121 on May 17, 2024 at 1:35 pm. Get More Out of USPS Tracking: USPS Tracking Plus' CERTIFIED MAIL: !IU 1J$PS CERTIFIED MAIL 1 11 i i 11 9214 8901 8804 0800 0592 33 cuwan, ATTORNEY A• i ai,in k/L�ra i Vr7 L L7 7 y„�ti7r A1TN CLINTON BLAIN ESQ STE B101 3990 OLD TOWN AVE SAN DIEGO CA 92110-2907 Tracking Number: 9214890188040800059233 to Copy rt Add to Informed Delivery Latest Update $0049_59 G Delivered to Agent Delivered to Agent for Final Delivery SAN DIEGO, CA 92121 May 17, 2024, 1:35 pm See All Tracking History What Do USPS Tracking Statuses Mean? $008.5 �. _ Your item was refused by the addressee at 12:17 pm on May 20, 2024 in SAN DIEGO, CA 92110 and is being returned to the sender. Get More Out of USPS Tracking: USPS Tracking Plus® Alert • Refused SAN DIEGO, CA 92110 May 20, 2D24, 12:17 on' 1 • 1 • Arrived at USPS Regional Facility SAN DIEGO CA DISTRIBUTION CENTER May 18, 2024, 9:06 am See All Tracking History Cludixte, 1i NOVO/ arty of La Quinta 3495 Calle Tampico a Qu Inca CA 92253 1 1 1 1 1 USPS CERTIFIED MAIL 1 1 1 1 iii 1 I 1 I 1 9214 8901 8804 0800 0592 40 1 CROSBIE GLINER SCHIFFMAN ET ATTENTION: DANA SCHIFFMAN ATTN: THOMAS CROSBEY STE 250 12750 HIGH BLUFF DR SAN DIEGO CA 92130-2230 attilifei �i 119.114v, — • Ctty of La Quinta 78495 Calle Tampico La Quinta CA 92253 Tracking Number: 9214890188040800059240 AL n copy ti Add to Informed Delivery Latest Update Your item was delivered to the front desk, reception area, or mail room at 1:42 pm on May 17, 2024 in SAN DIEGO, CA 92130. Get More Out of USPS Tracking: USPS Tracking Plus® CERTIFIED- MAIL 1 1 USPS CERTIFIED MAIL 1 1 i 1 i 1 1 1 9214 8901 8804 0800 0592 64 MICHELMAN ! ROBINSON LLP ATTN: EDWARD D VAISBORT ESQ ATTN: ERIC RANS ESQ 10880 WISH RE BLVD FL 19 LOS ANGELS$ CA 90024-4101 Tracking Number: 9214890188040800059264 rn Copy ;t Add to Informed Delivery guadirnt C7 LAS-, MAI! Cr ik41 $008,59 2 ,14. 1U-11 L 04 4'' 44L :- G Delivered Delivered, Front Desk/Reception/Mail Room SAN DIEGO, CA 92130 May 17, 2024. 1:42 pm See All Tracking History What Do USPS Tracking Statuses Mean? Latest Update Your item has been delivered to an agent for final delivery in LOS ANGELES, CA 90024 on May 17, 2024 at 11:02 am. Get More Out of USPS Tracking: USPS Tracking Rlus® quodiant Li 7 FIRS1 -CLASS MAIL cX IMI Li $008.59 2 2 O '14,x'1 4 7rP 9;C.S3 ca C-0%931244480 D Delivered to Agent Delivered to Agent for Final Delivery LOS ANGELES, CA 90024 May 17, 2024, 11:02 am See All Tracking History What Do USPS Tracking Statuses Mean? 4 CAI& S. V+PiVu- City of La Quinta 78495 Calle Tampico La Quirna CA 92253 CERTif,tE0 MAR 1 USPS CERTIFIED MAIL 1 11 11 111 9214 8901 RAt14 t7ROO 0592 71 11 11 Tracking Number: 9214890188040800059271 ABBEY WEITZENBERG WARREN & EMERY Copy GAdd toInfo nnedDelivery ATTN: MITCHELL B GREENBERG ESQ STE 200 100 STONY POINT RD SANTA ROSA CA 95401-4150 :qty o! La Ouinta 8495 Calle Tampico a Quinta CA 92253 Latest Update Your item was delivered to an individual at the address at 12:06 pm on May 2D, 2024 in SANTA ROSA, CA 95401. Get More Out of USPS Tracking: USPS Tracking Plus CER1IFIED r:IAIL iii FIRST PATHWAY PARTNERS ATTN: DAN WYCKLENDT STE 510 311 E CHICAGO ST MILWAUKEE WI 53202-5896 USPS CERTIFIED MAIL 1 11 1 �I I 9214 8901 8804 0800 0592 88 1 Tracking Number: 9214890188040800059288 in Copy Add to Informed Delivery Latest Update Your item was delivered to an individual at the address at 8:18 am on May 18, 2024 in MILWAUKEE, WI 53202. Get More Out of USPS Tracking: I31 USPS Tracking Plus quadient FIRST el ASS MAI. IMI $008.592 05114120224 ZIP 92153 043',131244,1$0 G Delivered Delivered, Leit with Individual SANTA ROSA, CA 95401 May 20, 2024, 12:06 pm See All Tracking History .0 What Do USPS Tracking Statuses Mean? quodsent LTJ FIRST CLASS MAIL CCC S I M' $008.592 `,rie I)5r141 )24 ZIP 92253 (13 Lti• ac 04.313 1 24 446.) (✓ Delivered Delivered, Left with Individual MILWAUKEE, WI 53202 May 18, 2024; 8:18 am See All Tracking History What Da USPS Tracking Statuses Mean? 111 or— hadia • •su.nrcL— City pf La Qu inta 784.95 Calle Tamp.00 Ls Ct ,nta CA 92253 CERTIFIED MAIL 11u USPS CERTIFIED MAIL 11, 1 iii fl IH 9214 8901 8804 0800 0593 01 fi SILVER ARCH CAPITAL ATTN: JEFF WOLFER STE 803 411 HACKENSACK AVE HACKENSACK NJ 07601-6446 Crty of La durnta 78495 Calle Tampico La Quints CA 02253 Tracking Number: 9214890188040800059301 �0 Copy •"* Add to Informed Delivery Latest Update Your item was delivered to an individual at the address at 12:29 pm on May 21, 2024 in HACKENSACK, NJ 07601. Get More Out of USPS Tracking: USPS Tracking Plus° VIS II USPS CERTIFIED MAIL 11 1 u I 1 1 i 9214 8901 8804 0800 0593 25 Tracking Number. 9214890188040800059325 Copy Add to Informed Delivery LIEEF REAL ESTATE ENERGY PARTNERS LLC ■ ATTN CALEB STOKES FRNT 1 X 1265 5 UNION SQ W NEW YORK NY 10003-0060 quo4tent FIRST-CLASS rdtlU'• W 1.11v: $008.59 R C`.-t.L':i 4 /11>rfr:t.:0 f!; ..A:sfl..l12454r.7, D Delivered Delivered, Left with Individual HACKENSACK. NJ 07601 May 21, 2024. 12:29 pm See All Tracking History What Do USPS Tracking Statuses Mean? Latest Update Your item was delivered to an individual at the address at 12:46 pm on May 18, 2024 in NEW YORK, NY 10003. Get Mare Out of USPS Tracking: USPS Tracking Plus® gl,o>i?erit 6 FIRST CLASS MA1I 15.11 $008.59 g J1.'4442'14' e Delivered Delivered, Left with Individual NEW YORK, NY 10003 May 18, 2024. 12:46 pm See All Reeking History What De USPS Tracking Statuses Mean? CERTIFIED MAIL 1I.16V. ---. City of La Quinta 78495 Calle Tampico La Quina CA 92253 N USPS CERTIFIED MAIL 1 1 1. 1 i 9214 8901 8804 0800 0593 18 1 1 ZIEGLER INVESTMENT BANKING ATTN: AARON GADOUAS STE 2000 1 N WAC KE R DR CHICAGO IL 60606-2809 aQaiitr� - Li., City of La Quinta 78495 Calle Tamprcol La Quinta CA 92253 CERTIFIED MALI 1 i USPS CERTIFIED MAIL 11 1 1 1 1 i 1 9214 8901 8804 0800 0593 32 1 ORR ICK ATTN: JENNA MAGAN ESQ ATTN: BANDON DIAS ESQ STE 3000 400 CAPITOL MALL SACRAMENTO CA 95814.4497 Tracking Number: 9214890188040800059332 CD Copy Add to Informed Delivery Latest Update Your item was delivered to an individual at the address at 11:35 am on May 20, 2024 in SACRAMENTO, CA 95814. Get More Out of USPS Tracking: USPS Tracking Plus' quodtent 1.12 FIR51•CLASS MAIL 1— iii (09 $008.59 21 C6(1442024 ?IP 92253 0031.1.317414460 =, quodierit LU FIRST-CLA55 EMIL Ihl+ (0 $008.59 2 1:61-4027-.24 ZIP,It253 u) C4:1r.13124 ;Ca;} Delivered Delivered, Left with Individual SACRAMENTO, CA 95814 May 20, 2024. 11:35 am See All Tracking History What Do USPS Tracking Statuses Mean?