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06 OTLQ - Partial Reconveyance APN 770-123-001 (rec) 03-07-19RECORDING REQUESTED BY Lawyers Title - IE % f S K-DIS ( 3 AND WHEN RECORDED MAIL TO: 17 st, trt7qCst4 �5 � " 24 APN: 770-123-001 Escrow No: SBL20113 - LT143 - CGC Title No: 618650513 - Ur143 DOC # 2019-0078609 03/07/2019 03:59 PM Fees: $108.00 Page 1 of 4 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: MARY #420 Space above this line for Recorder's use PARTIAL RECONVEYANCE This Partial Reconveyance (this "Release") is executed as of the date set forth below by WiLMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2017-C38, COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2017-C38 ("Beneficiary"), as Substituted Trustee, under that certain Deed of Trust and Security Agreement dated May 10, 2017 (the "Deed of Trust") executed by OTLQ, LLC, a Delaware limited liability company. Trustor, and recorded in the Official Records of Riverside, California on May 10, 2017 as Instrument No. 2017-0187658. Beneficiary, as Substituted Trustee, has received from the holder of the obligations under the Deed of Trust a request to reconvey, in accordance with the terms of said Deed of Trust, all estate now held by said Substituted Trustee under said Deed of Trust In and to the hereinafter described property. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Beneficiary, as Trustee, pursuant to said request and In accordance with the provisions of the Deed of Trust, does hereby reconvey to the person or persons legally entitled thereto, without warranty, all right, title and interest heretofore acquired and now held by said Trustee, in and to that certain real property situated in Riverside County, California described on Exhibit A attached hereto and incorporated herein by reference (the "Release Property"), subject to the terms and conditions set forth in this Release. Except for the Release Property described in Exhibit A being reconveyed herein, the Deed of Trust is and shall hereafter remain in full force and effect as to all other property encumbered thereby and as to any rights or security Interests of Beneficiary or Trustee in and to the other "Land" (as defined in and described in the Deed of Trust). In all events such release and partial reconveyance set forth herein shall be effective solely with respect to the Release Property, and, without limitation, the other Land and remaining property described in the Deed of Trust (the "Remaining Property"), and Beneficiary's and Trustee's lien and security interest therein and thereto, shall continue to be held by Beneficiary and Trustee under the terms thereof. This Release shall not Impair, alter, diminish or affect any lien, security interest, or any rights or remedies of Beneficiary or Trustee under the Deed of Trust with respect to the Remaining Property. This Release is made without affecting, and shall not affect, the personal liability of any person or entity for the payment of the indebtedness secured by the Deed of Trust. Without limitation, in all events, this Release shall not in any way: (i) affect the Deed of Trust (except for the release of the Release Property expressly provided herein), the Note, or any of the other Loan Documents, each of which shall remain in full force and effect and enforceable by Beneficiary and Trustee, or either of them, in accordance with its terms; (ii) release, discharge, extinguish or impair the duties, obligations, liabilities, and responsibilities of any "borrower", "mortgagor", "maker", "grantor", "indemnitor", "guarantor", or other obligor under the Deed of Trust, the Note, or any of the other Loan Documents, and Borrower, together with any other person or entity so obligated or liable, shall remain obligated and liable for the performance and satisfaction of all such 'duties, obligations, liabilities, and responsibilities in accordance with the terms of the Deed of Trust, the Note, and the other Loan Documents; or (III) except for the release of the Release Property expressly provided herein, extinguish; affect, or impair any Interests, rights or remedies of Beneficiary, Trustee, or other beneficiary or Interest holder, or any of them, under the Deed of Trust, the Note, or the other Loan Documents. Additionally, notwithstanding anything to the contrary herein, In no event shall this Release release, or otherwise extinguish, affect, or Impair the right, estate, title, or interest, or the rights or remedies, of Beneficiary orTrustee In or to, or with respect to, the Release Property under or pursuant to any easements, rights -of -way or use, licenses, or other agreements, or any right to use all cr any portion of the Release Property, or any other estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments or US200815166737 3 DOC #2019-0078509 Page 2 of 4 appurtenances of any nature whatsoever, with respect to all or any portion of the Release Property that in any way now or hereafter belong, relate or pertain to, or benefit or are appurtenant to all or any portion of the Remaining Property or belong to or are in favor of Borrower as the owner of the Remaining Property (all of which easements, rights -of -way or use, licenses, or other agreements, rights to use, or other estates, rights, titles, Interests, privileges, liberties, servitudes, tenements, hereditaments or appurtenances are herein collectively referred to as "Appurtenant Rights"). Each of the Appurtenant Rights shall remain In full force and effect and is, and shall be and remain, a portion of the "Property" encumbered by and subject to the Deed of Trust, and Beneficiary and Trustee do, and shall hereafter, hold a lien and security interest In each of the Appurtenant Rights under the terms of the Deed of Trust and the other Loan Documents. No further text on this page. Signature page follows. US2008 15166737 3 DOC #2019-0078509 Page 3 of 4 IN WITNESS WHEREOF, this Release Is executed as of February, 2019. WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORTGAGE TRUST 2017-C38, COMMERCIAL MORTGAGE PASS -THROUGH CERTIFICATES, SERIES 2017-C38 By: Wells Fargo Bank, National Association, a national banking association, solely In Its capacity as Master Servicer pursuant to the Pooling and Servicing Agreement dated July 1, 2017 By: S� i f Name: - Title: K� STATE OF North Carolina )SS. COUNTY OF Mecklenberg 0 Februa QtQ 2019, before �n}me, eJOni le- Notary Public, personally appeared as of Wells Fargo Bank, National Association who proved to I - Von the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITIV hand and official seal. Sig na Signature Page to Partial Reconveyance US2008 15166737 3 DOC #2019-0078509 Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY APN 770-123-001 - OLD TOWN LA QUINTA IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF LOT 61 OF DESERT CLUB TRACT UNIT NO. 4, AS SHOWN BY MAP ON FILE IN BOOK 21, AT PAGE 60, OF MAPS, OFFICIAL RECORDS OF SAID COUNTY, LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF THE PROPERTY DESCRIBED BY GRANT DEED RECORDED MARCH 17, 1992 AS INSTRUMENT NO. 090772, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 89041'15" EAST, ALONG THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 090772, A DISTANCE OF 6.83 FEET; THENCE NORTH 42053'50" EAST, ALONG THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 090772, A DISTANCE OF 8.47 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 28.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 75008'01" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22056'03", AN ARC DISTANCE OF 11.21 FEET; THENCE SOUTH 08004'04" EAST, A DISTANCE OF 10.84 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 08-04-04", AN ARC DISTANCE OF 14.08 FEET; THENCE SOUTH 00000'00" WEST, A DISTANCE OF 14.11 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 16002'03" WEST, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF SAID LOT 61; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND THE SOUTHWESTERLY LINE OF SAID LOT 61, THROUGH A CENTRAL ANGLE OF 74°01'47", AN ARC DISTANCE OF 25.84 FEET; THENCE NORTH 00003'50" EAST, ALONG THE WESTERLY LINE OF SAID LOT 61, A DISTANCE OF 24.58 FEET, TO THE POINT OF BEGINNING; 1 OF 2 City National Bank Lawyers Title Company 555 South Flower St. LT - ban Bernardino Escr. 17th Floor 625 E. Carnegie Drive, Suite 105 Check Number 1.6-1606/1220 Los Angeles, Ca. 90071 San Bernardino, CA 92408... Escrow* SBL20113-CGC (909) 961-5588 3/8/2019 1430046333 s PAY Five Hundred and 0 /100 TO THE City of La Quinta ORDER OF 78495 Calle Tampico La Quinta CA 92253 MEMO II' 1430046333110 1: L 2 20 160661: 555111 2955961's Escrow IBBL20113-CGC Prop Addr: Vacant Land - 770-123-001, CA Buyer: City of La Quinta Seller: OTLQ, LLC City of La Quinta 78495 Calle Tampico La Quinta CA 92253 3/8/2019 Two rim $500.00 ESCROW ACCOUNT VOID AFTER G0 DAYS G 1430046333 500.00 i