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PM 1987-055O RECORDING REQUESTED BY AND WHEN RECORDED NAIL THIS DEED AND UNLESS OTHERWISE SHOWN DELOW TAIL TAX STATEEM TO: Name r City of La Quinta Address t P. O. Box 1504 La Quinta, CA 92253 city a Slate L J r MAIL TAX STATEMENTS TO Name 1 E.ib & Cindy Myrmo Street Address 4412 Pescadero Avenue city a San Diego, CA 92107 State L TITLE ORDER NO. - ESCROW NO. G cc O1 R W Y cc Q .- M (� b cat OD J I. V ' W { 1C SPACE ABOVE THIS LINE FOR RECORDER'S USE 10 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $ -0- ❑ computed on full value of property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale. ❑ unincorporated area ❑ city of La Quinta , AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERIC MYRMO AND CINDY MYRMO, husband and wife as joint tenants hereby GRANT(s) to ERIIC MYRMO AND CINDY MYRMO, husband and wife as joint tenants the following described real property in the County of Riverside , State of California: Lots 23 and 24, Bock 229, Santa CarTnelita at Vale La Quinta, Unit 22 as per Map recorded in Book 20, Page 24, of Maps, in the office of the County Recorder of said Riverside County. r This Deed reflects Parcel Merger 87-055 as approved by the City of La Quinta i' Dated �If TE lip Gr+�irOftiJl!� COI NTY OF On this f day of TG!/1G2 ir, iiir y9Ar before me, the undersigned, a woEay Rl;�jlic in and for said S!at: , per--onniiy 5 Fp ersonally known td me "-" -- proved to me on the hagis of satisracior e ;'^nice, be the person whose name is subscribed to this instrument, and acknowl- edged to me that he (she or they) -laze .Ited it. <� OFFICIAL SEAL JT:RRI' A. HARVF.Y r\t; e~•`; NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN SAN CISGO COUNTY - /f My Commis inn Ernir..5 Arril IA. Recording Requested BP city of La Quinta • 224290 Mlen Recorded, Return To: La Quinta Planning and Development Department P.O. Box 1504 La Quinta, CA 92253 No Fee,. 6103 Goverrunent Code Benefit of La Quinta CamLmity Development Department EXHIBIT A CE-RTIFICATE.OF PARCELMERGER NO...v--v55 Record Owners Existing Parcels Assessor Parcel Numbers Erik Myrmo 774-124-002-1 (Lot 23) Cindy Myrmo 774-124-001--0 ( Lot 24 ) Lot 2_ at Val Recording Requested p'I City of La Quintae ` 224290 %ben Recorded, Return Zb: La Quinta Planning and DevelopmentDepartment P.O. Box 1504 La Quintal CA 92253 No Fee, 6103 Government Code Benefit of La Quinta COnru city Development Department CERTIFICATE GALE: EXHIBIT OF PARCEL 1001 LoT 2 3 5,000 13 U9 Cf. s ------=-- 5d 30 _ t�rt`241 4� u, 6o 0 00 ti /Q gal so n. �f .f 0 MERGER NO,g7-osr CALLfi COLIMA To SISSKNOWef� DEPARTMENT USE ONLY Record Owner " �-tGi'�d� M y✓ kA o This Certificate of Parcel Merger No. 5-7-C6 is Address _ 4 41 Z . PeSco d cr o ,4v _ hereby approved. Map Prepared By 5: .o By r20 9 / Address TitIe.F3�r Area/District l'� ►z. Date,.,r!tss©" i�u i �r� 4 78-105 CALLE ESTADO LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 FAX (619) 564-5617 August 6,-1991 Mr: & Mrs. Erik Myrmo 4412 Pescadero Avenue San Diego, CA 92107 SUBJECT: PARCEL'MERGER 87-055 Dear Mr. & Mrs. Myrmo: ,Attached are your recorded •deed(s) and documents for the above mentioned Parcel Merger. Your application has now been. approved by the City of La Quinta and the Deeds recorded. No more action is required from you. If you have any questions, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING &DEVELOPMENT DIRECTOR Glenda M. Laini's Associate Planner GML:ccs PMFINAL/OILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 I ' 4 4(4j 78-105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 FAX (619) 564-5617 June 25; 1991 Eric & Cindy Myrmo 4412 Pescadero Avenue San Diego, CA 92107 SUBJECT: PARCEL MERGER 87-055 Dear Mr. & Mrs. Myrmo: Your parcel merger has been approved by the Planning Department. Attached are copies of the letter, approved Exhibits, and unrecorded Deeds, sent to the Recorder's Office for recordation. Please note NO ACTION IS REQUIRED FROM YOU at this stage. The Deeds will be mailed to you once they have been recorded. Should you have any questions, please contact the undersigned. Very truly yours, JERRY HERMAN' PLANNING & DEVELOPMENT DIRECTOR Glenda Lainis Associate Planner GL:ccs Attachments CS/FORMM. ttLING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 0 . Ce • 4 C {/V4V 78-105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564-2246 FAX (619) 564-5617 June 25, 1991 County Recorder County of Riverside P.O. Box 751 Riverside, CA 92502 SUBJECT: PARCEL MERGER 87-055 Dear Sir: , Attached please find the Grant Deed for Parcel Merger 87-055, with Exhibit(s). Recordation is requested by and for the City of La Quinta, in accordance with Government Code Section 6103, to insure compliance with zoning requirements prior to any construction taking place. Please record and return a copy of these documents to this office so our records can be updated. Thank you. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR Wj�;kiM S Glenda Lainis Associate Planner GL:ccs Attachments cc: Property Owner File CS/FORM WLING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 78-105 CALLE ESTADO — LA QUINTA, CALIFORNIA. 92253 - (619) 564-2246 FAX (619) 564-5617 May 2, 1991 Mr. & Mrs. Eric Myrmo 4412 Pescadero Avenue San Diego, CA 92107 -_�� SUBJECT: PARCEL MERGER_$7-055 INCOMPLETE DOCUMENTATION FOR PARCEL MERGER Dear Mr. & Mrs. Myrmo : On December 15, 1987, we received part of the documents required for merging Lots 23 and 24, Block 229, Unit No. 22 in La Quinta. These documents were submitted by Rick and Laurie Johnson. This application is not complete and therefore cannot be approved and recorded. Records show that the above mentioned property was transferred to yourselves in February, 1988. It is therefore necessary to resubmit the parcel merger application under your names All that is needed from you to proceed with the above is to' complete the attached Grant Deed and mail it back to this Department. Please note that at present your swimming pool is in violation of the Zoning Ordinance. A swimming pool is considered an accessory use and therefore cannot be located individually on a separate lot. The swimming pool lot must be merged with the adjacent lot where the house is located. This Department has been pursuing this matter now for three years and you have been contacted on numerous occasions in connection with the above. If the completed attached Grant Deed is not mailed to this Department in the next two months we may refer this matter to the City Attorney for advice on further action. Please note the attached letter sent to you on September 19, 1989, from the La Quinta Engineering Department incorrectly indicates that you have an option to merge.. In accordance with the La Quinta Zoning Ordinance you are required to merge as elaborated above. LTRGL.026 MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 Should you have _ any questions concerning the above, please contact the undersigned. Very truly yours, JERRY HERMAN PLANNING ,& DEVELOPMENT DIRECTOR GLENDA M. LAINIS. , Associate Planner GML : bja Enclosure cc: Building & Safety Department LTRGL.026 0 - r 78-105 CALLE ESTADO — LA OUINTA, CALIFORNIA 92253 - (619) 564-2246 FAX (619) 564-5617 September 19, 1989 Erik Myrmo 4412 Pescadero San Diego, CA 92107 Re: Parcel.Merger, AssessmentDistrict89-2 Dear Mr. Myrmo: In followup to our conversation this afternoon, I have spoken with. the Engineer regarding merging your parcels for a lessor assessment charge. I As I mentioned to you, due to the fact that the assessments have gone to bond, the lessor charge would not apply at.this time. , 4 You may,_ merge your parcels, making them into one tax parcel if you wish. This would make your combined parcel (1001x 1001) permanently. r You would not be allowed to divide the properties in the future, or sell them as separate lots (50' x 100'). You would receive only one Q\sewer lateral, though you are being billed via your taxes for two. ,)Enclosed are parcel merger documents for your use. Please contact Glenda Lainis, Planning Department if you have any further questions. 0 Very truly yours, Sharon Harris Engineering Secretary cc: Glenda Lainis Enclosures MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 1; 78-105. CALLE ESTADO - LA QUINTA, CALIFORNIA 92253 (619) 564-2246 March 20, 1989 , PAS ccz duo v Cindy and Erik Myrmo 53-500 Avenida Herrera La Quinta, California 92253 SUBJECT:* INCOMPLETE DOCUMENTATION FOR PARCEL MERGER Dear Mr. and�Mrs. Myrmo: On December 15, 1987-, we, received part of the documents required :for merging Lots 23 and 24, Block 229, Unit No. 22 in La Quinta. These documents were submitted by Rick and Laurie Johnson. This application is not complete and, therefore, cannot be approved and recorded. Records show that the above -mentioned property was transferred to yourselves in February, 1988. It is,therefore, necessary to resubmit the parcel merger application, in total, under your names. Attached is a copy of a parcel merger application listing. documents required with examples included. Please complete this application and submit it to us as soon as possible. Please note that at present your swimming pool is in violation of the Zoning Ordinance. A parcel merger is necessary to correct this situation.' Should you have any questions regarding this matter, please do not hesitate to call. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR Glenda Lainis Assistant Planner GL/ad attachment AD/LTRGL.003 . MAILING ADDRESS - P.O. BOX 1504 LA QUINTA, CALIFORNIA 92253 � SITE PLAN � CERTIFICATE OF PARCEL MEAGER NO.�� -NORTH= -DSCALE-El p= 40' , Reci Addi Map Preparea by -� Address Scale 40 Assessors Parcel Na -774 1 Z4 — ooz -- I -7'14 1 z4 —OcD1 —o �x it i It' (: !a.uSc°ct•: C'�.^it: '>.�2:J-�id•��° 5.6!'9'i E1,; DEPARTMENT t A M CASE NO. NM Jq`7' -- Qfa I 4 j APPLICATION FOR CERTIFICATE OF PARCEL MERGER 1 Record Owner Rick E. r & Laurie S. Johnson Name (s) P. O. Box 329 La Quinta, CA 92253 (619) 564-2228 Address Phone Representative Name Address Phone PROPERTY DATA: I Assessor Parcel Nos.: Parcel 1 I Parcel 2 r Parcel 3 Parcel 4 774 - 124 - 002-1 774 - 124 - 001-0 Street Address of Property: 53-500 Herrera, La Quinta, CA ., M REQUEST: (Include number of contiguous parcels to be merged and why merger is requested) Two parcels;to be merged. To build swimming pool on lot 23. A 00 5.t82 to -7790. 12-J.5-87 to 40 r'r1CN 4 T IT4if 4 S r5.o0 APPLICATION FEE: $175.00'in cash or check payable to City of La Quinta. (I/We) hereby certify that; 1.(Y.am/we are) the record owner(s) of all parcels proposed for merger by this application; 2. (I/We) have knowledge of and consent to the filing of this application. and, 13. The information submitted in connection with this applica- tion is true and correct. j I Date 12-15-87 i (Letters 9f 9L4twr anon may be attached A { Representative Sig nature: • Date 12-15-87 Date Date OFFICE USE ONLY DATE STAMP Case No. Zoning Related Cases 4- P. O. Box 1504 ' 78-105 Calle Estado r La Quinta, California 92253 (619) 564-2246 6C I CASE INFORMATION Case -No. 1>/UX '8'7-O5.5'• Application Received 'by Date Application Checked by Date Applicant: a Phone: Address: btreez ci ty State l� Zi p Co deo Owner:. �; ��. wiz/ 1'1Y/rvO Phone: r � / Z23 a Address: �?i1 ��. � •.6-/9 ��/ Street City State E�4 ZI Code �Q Rep-res TdW- �,r .4- &', •• • .AA r -M o Phon >S� p 6 1!9 Address: -AVii� lam'9c� Street City State Zip Code 1. 2. 3. Subject: Location: Environmental Information E.A. No. Notice of Declaration 4. Related Files: I o�� T E.I.R.No. Date JI Fee Information Filing Fee $ j -TS E.A. Fee $ Total $ Additional Fees $ Receipts for Fees: 5. iParcel Size/Acreage 4= Six 5c>obs9P. Circulation Element 6. General Plan Designation, 10. Housing Element 7. Zoning S . a . 11. Council District 8. Surrounding Zoning S '1Z 12. Assessor's".:-., Tentative Hearing Date Agency.Deadline Date Plot Plan Checked Legal Description Transmittals Aaencv Ex "A" Notice Hearing Information Date Action CC -EA PC CC Aaencv Ex•"A" NntirP General Telephone Road Department City of Cal Trans County Planning Dater Quality CVC'►JD Home Owners Parks Building Dept. Health Dept. Fire Cit Engineer Other Transmittals sent -by: Date: Public Hearing Notice Date: Notice Mailed by: Notice Posted by: Date: Entered in: Counter Book: Page Parcel By Applicant Notified of Action: Agencies Notified: File Closed: 24.- Additional Pertinent Information: min 1 fU .��8� - oldrrsv�.�-,ice n�,a �► 1-, �r �_.__ /UL !.i+/. Ptq. S p+ T4ht 44a gttbxo PLANNING & DEVELOPMENT 78.105 CALLE ESTADO 4�or--, e? C? DATE: cTc���� -a> F-1 C-T G>r-" CD S 3 00 Ay1 c��-rrerc� a LA QUINTA, CALIFORNIA 92253 - (619) 564.2246 CASE: PM e37 —®55 LOT #S:_ Z.3 CkAdi Z4 �(oGlc. 2 Z4 SUBJECT: PARCEL MERGER/ APPLICATION COMPLETENESS ,h DEAR I1<1T--mod MrS %�yrMO : YOUR APPLICATION HAS BEEN REVIEWED AND FOUND TO BE INCOMPLETE AND i. THE FOLLOWING INFORMATION MUST BE SUBMITTED BEFORE PROCESSING CAN BE COMPLETED: I ) APPLICATION FORM REQUIRES CORRECTION h, 'ly r� IxI PROOF OF,OWNERSHIP NEEDS TO BE PROVIDED (I.E.♦ COPY OF THE ORIGINAL+GRANT DEED FOR THE PROPERTY(S)) 41 IXI NEW, ORIGINAL, UNRECORDED.GRANT DEED($) REQUIRED WITH THE FOLLOWING�•NOTED ON THE DEED(%): ICI CORRECT LEGAL DESCRIPTION IAI "THI'S DEED REFLECTS PARCEL MERGER/LOT LINE ADJUSTMENT NO.67- 05 S AS APPROVED BY THE CITY OF LA QUINTA. " I I PLANS REQUIRE CORRECTION „F OTHER PLEASE CONTACV THIS OFFICE SHOULD YOU HAVE ANY QUESTIONS, i, MURREL CRUMP�-�`'�S PLANNING D I RECTOR DATE: �t 78.105 CALLE ESTADO - LA OUINTA. CALIFORNIA 92253 - 1619) 564-2246 Ap,,:A 14 � 1488 y CASE: PM 87- 055 SUBJECT: APPLICATION COMPLETENESS l "PA2cg� DEAR 12�Cckc- .a "uRe_ ai YOUR APPLICATION HAS BEEN REVIEWED AND FOUND TO BE INCOMPLETE AND THE FOLLOWING INFORMATION MUST BE SUBMITTED BEFORE PROCESSING CAN BE COMPLETED:'" ( I CORRECTED APPLICATION FORM ( PROOF OF OWNERSHIP NEEDS TO BE PROVIDED (I,E., COPY OF THE ORIGINAL GRANT DEED FOR PROPERTY(S)) (xI NEW GRANT DEED( REQUIRED WITH THE FOLLOWING NOTED ON THE DEED(/): tiew CorCt4 Zkcak wiit be vtrdmiej b'% CAI) (XI CORRECT -LEGAL DESCRIPTION (XI "THIS DEED REFLECTS PARCEL MERGER. NO. W-055AS APPROVED BY THE CITY OF LA QUINTAs" ( I PLANS REQUIRE CORRECTION �i PLEASE CONTACT THIS OFFICE SHOULD YOU HAVE ANY QUESTIONS. 4 r MURREL CRUMPk PLANNING DIRECTOR Gt Ivy ",x 5 ,4ss 1 sir PCA�� Nam. . ` THISIOCUMENT WILL AFFECT YOUR LEGAWGHTS western fs NANCY MARSHALL Escrow Officer H., Palm Desert, CA 92260 1. Buyer will hand you 2. BUYER WILL DEPOSIT 3. Proceeds from loan to be procured by buyer FHA 4. Buyer has paid outside of this escrow, to seller (with which you are not to be concerned) 5. Broker will hand you 6. Encumbrance to file 7. 8. Buyer will hand you a new purchase price encumbrance 9. TOTAL CONSIDERATION ESCROW INSTRUCTIONS BUYER AND SELLER Escrow No.: 25.4.5_ NOVEMBER 12th,,1987 $ 3,000.00 $ TO FOLLOW $ MAXIMUM $ $ 87,500.00 and any additional funds and documents required from me to enable you to comply with these instructions, all of which you are authorized to use provided on or before JANUARY 12th, 1987 you can obtain a standard Owner's or Joint Protection Policy of Title Insurance with the usual title company's exceptions with liability to the amount of total consideration, on real property in the County of RIVERSIDE State of California, described as follows: Lot 23 and 24 of Block 229 of Santa Ca mel; at- at Vlae La Quint -a Unit No. 22 as per map recorded in Book 20 page 24 of maps in the office of the County Recorder of Said County. Property Address: 53-500 Avenida Herrera La Quinta, CA (Not Verified) Except any reservation of record of minerals, oil, gas, water, carbons and hyq?*� bcir$. CERTIFIED TO BE A TRITE AND COP, TIE TITLE -TO APPEAR VESTED IN COFY OF THE O'9.1GINAL DOCU13v1E1,TT. ERIK MYRMO (COMPLETE VESTING TO FOLLOW) WESTERN ES�Z10 SERVICES SUBJECT TO: BY: General and special county and city taxes, including any special district levies payments of which are included therein and collected therewith, for the current fiscal year, not delinquent, including taxes for the ensuing year, if any, a lien but not yet payable. Conditions, restrictions, reservation, covenants, rights, rights of way, easements of record. Consummation of this escrow is subject to property and buyers qualifying and obtaining a new FHA loan as evidenced by a First Deed of Trust (loan) to file, and note secured thereby for $ MAXIMUM as per their terms; further approval of which is hereby waived through this escrow by Buyer and Seller, the proceeds of which shall be used to apply on purchase price, to be payable in monthly installments of $ TO E0T.LOW including interest at TO 1•' t I .. 1w % per annum, plus impounds, as required by lender; Buyers' execution of loan documents will constitute their full approval of the term and conditions contained therein. BUYER TO PAY LOAN DISCOUNT FEE AS REQUIRED BY LENDER. It is expressly agreed that, notwithstanding any other provisions of this contract, the purchaser shall not incur any penalty by forfeiture of earnest money or otherwise, or be obligated to complete the purchase of the property described herein, if the contract purchase price or cost exceeds the reasonable value of the property established by the Federal Housing Administration. The purchaser shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Federal Housing Administration. Sellers to pay all of buyers' and sellers' escrow fee and lenders' charges as required for buyers to obtain FHA loan, which are not allowed by FHA to be charged to buyers' account. Sellers to comply with FHA property requirements and to furnish a termite report issued by a state licensed pest control operator showing the property to be free and clear of termites, dry rot and/or fungus infestation in accessible areas. Charge sellers' account and pay for said report and work completed, if any is required.,8f ljl�/s/to j6V1I1hA/t0 A�chVd(i i i i i i i i i i i i i i i i i iObhhfifi /aid ANV// From buyers' funds, escrow holder is authorized to release monies for appraisal and credit report, if a bill is presented into escrow, and buyers under- stand these funds are not refundable regardless of the consummation of this escrow, escrow holder is relieved of any and all liability in connection with the release of funds prior to the close of escrow. INSTRUCTIONS: (A) The close of escrow is subject to the sellers acquiring title to Lot 23 as described above. (B) The close of escrow is subject to the buyers approval of the preliminary title report within 5 days of receipt of same from escrow holder. Silence shall be deemed approval. MEMO: BETWEEN BUYER AND SELLER ONLY WHICH ESCROW HOLDER HAS NO DUTY OR PERFORMANCE: (a) Buyer is aware that seller herein is a California Real Estate Licensee. I will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for me, including fee for preparing instruments I execute, recording charges and your customary buyer's escrow fee. THE FOREGOING INSTRUCTIONS AND THOSE "GENERAL INSTRUCTIONS" PRINTED UPON THE REVERSE SIDE HEREOF ARE APPROVED AND ACCEPTED IN THEIR ENTIRETY, AS -IS FULLY SET OUT IN THIS PARAGRAPH, AND EACH OF THE UNDERSIGNED BUYER(S) AND SELLER(S) ACKNOWLEDGES RECEIPT OF A COPY OF THESE INSTRUCTIONS. SELLER(S) AND BUYER(S) HEREBY AUTHORIZE ESCROW AGENT TO FURNISH COPIES OF CLOSING STATEMENTS TO LENDER AND/OR BROKER INVOLVED. Prorate fire insurance as provided below. In the event existing fire insurance is not acceptable to any new lending institution, buyer to deposit new insurance which is acceptable to lender and pay premium through escrow unless a paid receipt is deposited in escrow by agent. CLOSE OF ESCROW r In ordance with the manner specified ON PAGE TWO the following are to be adjusted or pro-ra(ed to ( 'Yraxes (Info. furnished by Seller/Title Co.) ( ) Interest on Encumbrance of Record ( ) Interest of Purchase Money Note ( ) Fire Insurance on Property ( ) Rentals 92126 Buyer's Signature ERIK MYRMO Address 9466 Black Mountain Road, San Diego, CA Buyer's Signature Address _ I will hand you all instruments and money necessary of me to enable you to comply therewith, including a deed to the property described, executed in favor of the vestees, which you are authorized to use and deliver when you hold in this escrow for my account funds as set forth above and any pro-rata adjustments and instruments deliverable to me under these instructions. From funds due me, pay at the close of escrow any encumbrances of record, plus accrued interest, charges and bonus if any, bonds, and/or assessments necessary to comply with same, and/or pay any delinquent monthly installment(s) on existing encum- brance(s) as disclosed by Beneficiary statement, without my subsequent approval. Instruct the Title Company to begin search of title at once. Deduct and pay from proceeds due me, any expenses incurred in my behalf including charges for assurance of title; for sending in offset, or beneficiaries' statements and/or demands; Revenue Stamps on Deed, filling in, acknowledging, and recording any documents necessary on my part, Including recording of purchase price encumbrances and seller's escrow fee as charged. Seller's Signature Address P _ O _ BOX 4 ? Q T n n� in t a -r.A 92 51 RICK E. JOHNSON/LAURIE S. JOHNSON Seller's Signature Address FHA GENERAL INSTRUCTIONS IT IS MUTUALLY UNDERSTOOD AND AGREED TO BY ALL PARTIES OF THIS ESCROW, JOINTLY AND SEVERALLY, THAT: The following instructions are made a part of those shown on Page 1, the same as those embodied in full therein: 1. The adjustments and/or prorations provided for on Page 1, shall be made in accordance with the following instructions: A. If any mentioned Trust Deed is now of record, procure statement by the owner of the note secured thereby, or the holder for collection, and adjust interest thereon on the basis of such statement. B. Adjust interest on new encumbrances by endorsement on note(s). C. Prorate taxes, based on latest statements available to you, including all items appearing on tax bill except taxes on personal property not conveyed through this escrow. D. Prorate rentals based on rental statement handed you by seller. you are to consider on basis of said rent statement, that seller will collect all rents which fall due prior to the close of this escrow, unless he instructs you in writing to the contrary. you will make no adjustment on uncollected rent. E. Accept for me such insurance policies as are submitted on building situated on property being conveyed in this escrow and prorate premiums thereon as per instructions given you on the reverse hereof. You may assume that premiums on said policies have been paid and that the policies have not been hypothecated. 2. Make all adjustments and/or proratings on the basis of a 30 day month. "Close of Escrow" is the day instruments are recorded. Regardless of date of deed, same shall be deemed delivered only upon recordation. 3. It is agreed by the parties hereto, that so far as your rights and liabilities are involved, this transaction is an escrow and not any other legal relationship and you are an escrow holder only on the within expressed terms. 4. Any policy of title insurance called for under these instructions may be issued for the benefit of all parties in interest and may be procured from any title company operating in the county where the property is located and will be subject to exceptions and conditions contained in such company's regular printed form, included but not limited to an exception that said policy will not insure against loss by reason of the reservation or exception of any water rights, claims, or title to water. Recorda- tion of any instruments delivered through this escrow, if necessary or proper in the issuance of the policy of title insurance called for, is authorized. 5. All disbursements of funds and/or instruments of this escrow shall be mailed, unregistered, to the designated party in accordance with subject escrow instructions, address of whom is incorporated herein. Deliver new title policy to buyer or to holder of first and/or new encumbrance. 6. You shall make no physical examination and/or representation of the real and/or personal property described in any document deposited in said escrow nor shall you be responsible for the condition thereof. 7. All funds received in this escrow shall be deposited with a State or Federal bank with other Trust funds and all disbursements shall be made by check of this company. "Close of Escrow" is the day instruments are recorded. All documents and funds due the respective parties herein are to be mailed to the address set out below their respective signatures, unless otherwise instructed. OUR SIGNATURES ON ANY DOCUMENTS AND INSTRUCTIONS PERTAINING TO THIS ESCROW INDICATE OUR UNCONDITIONAL APPROVAL OF SAME. All disbursements to be made by check of your company on said account and employees will not identify any payee or Guarantee (any) signature at any bank. 8. Your company is not responsible for any personal property tax which may be assessed any former owner of the above described property, nor for the corporation or license tax of any corporation as a former owner. 9. Any amendment or supplement to these instructions shall not bind your company unless in writing and deposited with your company. 10. You are not to be held liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to identity, authority, or rights of any person, executing the same; nor for failure to comply with any of the provisions of any agreement, contract, or other instrument filed herein or referred to herein, and your duties hereunder shall be limited to the safekeeping of such money, instruments or other documents received by you as escrow holder and for the disposition of same in accordance with the written instructions accepted by you in the escrow. You shall not be required to take any action in connection with the collection, maturity or apparent outlaw of any obligations deposited in this escrow, unless otherwise instructed. You shall not be liable for any of your acts or omissions done in good faith, nor for any claims, demands, losses or damages made, claimed or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful neglect or gross misconduct. 11. Seller agrees to pay, outside of escrow, and before delinquency, all taxes on personal and/or real property not conveyed through this escrow, which appear a lien on above described property, and you are not to be concerned therewith. 12. Your company is authorized to destroy or otherwise dispose of any and all documents, papers, instructions, correspondence and other material pertaining to this escrow at the expiration of five years from the date of close of escrow regardless of the date of any subsequent amendments hereto, additional or supplemental instruc- tions or date of close of escrow without liability and without further notice to us. 13. In the event that the conditions of this escrow have not been complied with at the expiration of the time provided for herein, you are instructed to complete same at the earliest possible date thereafter, unless we or either of us have given written cancellation and demand upon you for the return of the money and/or instruments deposited by either of us, in which case you may withold and stop all further proceedings in this escrow without liability for interest on funds held or for damages. On receipt of such notice you shall within three days mail a copy to the other party. Unless written objection thereto from such other party shall be received by you within ten days after such mailing, you are then instructed to disburse the escrowed funds and instruments accordingly, less the proper charges as provided per paragraph 14. 14. We, the buyer and seller, jointly and severally agree, that in the event of cancellation or other termination of this escrow prior to the closing thereof, we shall pay you for any expenses which you have incurred or become obligated for pursuant to these instructions, and also a reasonable escrow fee for the service contracted by us to be rendered by you, and such expenses, if any, and fees shall be paid and put in escrow before any cancellation or other termination is effective. Any documents or funds deposited with you, may be retained by you, as a lien, to secure to you the reimbursement of and payment of expenses, if any, and fees above provided for. 15. In the event written objection is received within the time stated in paragraph 13 or if conflicting demands are made or notice served upon you or legal action is taken in connection with this escrow you shall not be required to determine the same or take any action, but may withhold and stop all further proceedings without liability therefor, or you may file suit in interpleader or for declaratory relief. If you are required to respond to any legal summons or proceedings, or if any action of interpleader or declaratory relief is brought by you, or if conflicting demands or notice by parties to this escrow or by any other party or parties is served upon you, we jointly and severally agree to pay reasonable escrow fees and all costs, expenses, and reasonable attorney's fees expended or incurred by you as a result of any of the above described events, and a lien is hereby created in your company's favor to cover said items. We agree to save you harmless as escrow holder hereunder from all losses or otherwise, which may in any manner arise out of, or from the property which is the subject of this escrow, or out of or from this escrow, before or after closing, notwithstanding anything in these instructions to the contrary, and in addition thereto, we jointly and sevrally agree to pay reasonable escrow fees therefor. 16. These instructions may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery, be deemed an original, and said counterparts together shall constitute one and the same instrument. 17. In the event it may be necessary or proper for the consummation of this escrow, you are authorized to deposit or have deposited funds or documents, or both, with any bank, trust company, title insurance company, savings and loan association, building and loan association, or licensed escrow agent, or sub escrow agent, subject to your order pursuant to closing this escrow and such deposit shall be deemed a deposit in accordance with the meaning of these instructions. 18. Prepare and record in behalf of beneficiary (or assignee) of any purchase money deed of trust delivered through this escrow a Request for Notice on prior encumbrance(s). 19. If a party to this escrow unilaterally assigns or order proceeds of this escrow to be paid to a third party, such assignment shall be subject to all the terms and conditions of this escrow. Even though the terms of the assignment shall indicate that the assignment is to be irrevocable, the escrow is not compelled to accept it as such. In the event, after such an assignment, the escrow does not have sufficient funds to close and pay the assignment in full, the escrow is nonetheless directed to close and to honor the assignment to the extent possible after leaving paid or honored all of the obligations of the assignor under this escrow. 20. In the event there is a conflict or inconsistency between these printed instructions and the typewritten instructions inserted at the direction of the buyer and seller, then any such inconsistency or conflict shall be resolved in favor of the typewritten intructions, and the parties shall be deemed to have intended the meaning conveyed in said typewritten instructions. 21. You are hereby authorized and instructed to transfer any monies due either of the parties of this escrow to any other escrow you may be holding in order to complete said escrow, or to pay any charges due you. 22. All notices, demands and instructions must be in writing. 23. In the event of failure to pay fees or expenses due you hereunder, on demand, I agree to pay a reasonable fee for any attorney's services which may be required to collect such fees or expenses. 24. It is the intention of the parties to these instructions that said instructions constitute the contract of the parties and in the event of any conflict between these instructions and previous agreement(s) between the parties, written or oral, the terms of these instructions shall prevail. 25. Escrow Holder shall not be liable nor concerned in any way with "consumer credit protection, truth in lending or similar law," including City Residential Property Reports, Smoke Detector Ordinance, Earthquake studies zone, or City/County Ordinances that are applicable, etc., and any policy of title insurance being issued through this escrow shall contain an endorsement excluding coverage of such laws. 26. The Parties hereto acknowledge that they have been advised that Escrow Companies are not authorized to give legal advice and that if they desire legal advice, they should consult an attorney. 27. All parties are aware that any change of property ownership, at any time during the fiscal or calendar year, may generate additional/supplemental property tax assessments. Reference to these additional/supplemental taxes may be addressed as possible exceptions to the preliminary title report and title insurance policy. Escrow holder can only be concerned with the payment and proration of those assessments issued and delivered to escrow prior to the transfer of ownership subject of this escrow. Any adjustments shall be made between the principals, and escrow holder is not to be concerned with same. 28. Should Federal Express Service be requested by Buyer, Seller and/or their agent(s), it is agreed that, in the event billing for said service is received prior to closing, Escrow Holder is authorized to pay same immediately from funds deposited at opening of escrow. At closing, cost of service shall be borne by party requesting same. 29. The Grantee(s) recognize and acknowledge that, pursuant to Section 480.3 of the Revenue and Taxation Code, effective July 1, 1985, any deed or other instrument reflecting a change of ownership in real property as presented for recording through this transaction must be accompanied by a Preliminary Change of Ownership Report. If this report is not presented at time of recording, an additional recording fee of $20.00 will be charged to the Grantee(s) acquiring said real property interest. The Grantee(s) further acknowledge that it shall not be the responsibility of the escrow holder to complete or assist in the preparation of said Preliminary Change of Ownership Report form whatsoever, the sole duty of the escrow holder would be to instruct the title company to insert the "Date Of Transfer" on the report form if presented for recording. 30. TIME IS OF THE ESSENCE. . �AteM Palen Desert Offi ce ce Mutual 74-133 El Passo, Suite H �C�W ccPalm Desert, CA 92260 �7ermcm (619) 340-6979 . Jim Hall Date 12-16-87 Escrow No. 2545 Q r In connection with the above numbered escrow, we enclose the following: Certifiedl:copy.of Escrow Instructions V truly yours, Nancy Mars 1: Escrow Of -icer/Manager dr 21.9011-B 8/83 t es .. ,S/��7��C� ji�-.R,T �� £ ��o � N� Luc. y •..�s�E"c�ur��0 CST— . -42 �wl i7-75 S / �.r�-n��� /fro ��-�'►'L� ��o � . � t . yc �S K tJ�iT'Lcrw ' . 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