Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
BEACON BAY LEASE LOT 37_05_FINANCE_DOCUMENTS
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Beacon Bay Lease Lot 37 05 FINANCE DOCUMENTS �EwPoRr 0 CITY OF NEWPORT BEACH s CgZIFOVL City Manager's Office (949) 644-3001 October 1, 2012 Kimberly Woods Trustee of the Beacon Trust QPRT 37 Beacon Bay Newport Beach, CA 92660 RE: Notice of Rent Adjustment for 37 Beacon Bay Dear Ms. Woods: As per section 3.B.(4)(a) of your land lease agreement, effective November 1, 2012, your new monthly rental payment will be $1,578.10. If you have any questions, please contact Shirley Oborny at 949-644- 3001. Si�ncer�ely,, � vkA% Dave Kiff City Manager cc: Seanne Carney, Fiscal Specialist City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658-8915 • www.newportbeachca.gov Rent Increase Calculations for Lot 37 Beacon Bay Calculations are based on section 3.13.(4)(a) of 711194 lease. Lease Execution Date or last CPI: 04/29/2005 Date of Rental Adjustment: 04/29/2012 (late - done in Oct. 2012) Date 90 days prior to Rental Adjustment: 01/29/2012 CPI at time of Execution Date or last CPI: 195.4 (1/29/05 - attached) CPI avail. 90 days prior to Rental Adjustment: 233.441 (1/29/12 - attached) Increase/Decrease in CPI: % of Increase/Decrease: Multiply current rent by % of Increase/Decrease: Add or Decrease above total to determine new rent: 38.04 increase 19.47% increase (38.041 divided by 195.4) $1320.92 X 19.47% _ $257.18 $1320.92+257.18 = $1,578.10 (per lease, can never be increased/decreased by greater than 40%) 09/28/2012 CONSUMER PRICE INDEXES PACIFIC CITIES AND U. S. CITY AVERAGE JANUARY 2012 & 2ND HALF 2011- ALL ITEMS INDEXES (1982-84=100 unless otherwise noted) San Frandsco-OaklandSan Jose and Seattle -Tacoma -Bremerton indexes do not appearon the January and July Pacific Cities cards. As they are reported bi-monthly, there are no missing data. Please seethe previous month's card for the latest data. All Urban Consumers (CPI-U) Urban Wage Earners and Clerical Workers (CPI-W) Percent Change Percent Chan e Year 1 Month Year 1 Month MONTHLY DATA Indexes Indexes _ end endina ending ending Jan. Dec. Jan. Dec. Jan. Jan. Jan. Dec. Jan. Dec. Jan. Jan. 2011 2011 2012 - 2011 2012 2012 2011 2011 2012 2011 1 2012 2012 U. S. City Average ................................ 220.223 225.672 226.665 3.0 29 0.4 216.400 222.166 223.216 3.2 3.1 0.5 (1967=100)..................................... Los Angeles -Riverside Orange Co....,. 659.692 228.652 676.014 231.567 678.988 233441 - 22 - 21 . 0.8 644.591 221.540 661.766 224.444 664.891 226.245 - 22 - 21 - 0.8 (1967=100)....................................... 675.541 694.151 689.690 - - . 654.719 '663.301 668.624 - - - West ..................................................... 223.149 228.117 228.980 2.7 26 CA 217.995 222958 223.849 2.8' 2.7 CA (Dec.1977=100)............................ 360.708 368.738 370.134 - - - 35D.742 358.743 360.161 - - - West -A•. ......... _.................................. 227281 232-106 233.044 27 25 0.4 220.564 225.267 226.277 27 26 CA (Dec. 1977 = 100) ............................ 370.613 378.482 380.010 - - - 357.051 364.664 366.299 - - - West - B/C-(Dec. 1996=100).............. 134.917 138.017 138.465 2.7 26 0.3 134.9001 138.1571 138.578 29 27 0.3 Indexes Percent Change from Indexes Percent Change from 1st Half 2nd Half 1st Half 1st Half 2nd Half tat Half SEMIANNUAL DATA 2ndTHalfl Half 2nd Half 2010 to 2010 to 2011 to 2nd Half 1stHa0 2nd Half 2010 to 2010 to 2011 to 2111 2011 1st Half 2nd Half 2nd Half 2010 2011 2011 1st Half 2nd Half 2nd Half 2011 2011 2011 2011 2011 2011 Anchorage,AK ............................... 195A55 200.278 202576 28 3.6 1.1 194.038 199.061 200.987 3.0 3.6 1.0 (1967=100)....................................... . 521.696 534.571 540.704 - - - 505.011 518.085 523.097 - - - Honolulu, HI .................................. 235.916 241.902 245.342 3.5 4.0 1A 234.951 240.874 244.190 3.3 3.9 1A (1967=100)....................................... 649.472 665.950 675.419 - - - 656.387 672934 682.199 - - - Phoenix -Mesa, AZ (Dec. 2001=100) ... 118.278 120.762 122.203 22 3.3 1.2 118.155 120.928 122368 2.5 3.6 1.2 PonlandSalem,OR-WA.................. 219.179 223.105 226.077 2.6 3.1 1.3 214.409 218.872 221.508 27 3.3 1.2 (1967=100)..............................._...... 641.666 653.158 661.958 . - - - 617.933 630.795 638.393 - - - San Diego, CA ............................._.... 246.686 252451 253.311 3.4 27 CA 231.609 238.431 239.243 4.0 3.3 0.3 (1967=100)....................................... 834.120 853.615 856.715 - - - 74fi.899 768.901 771.519 - - - •A= 1,600,000 papWabon and over '-RM= less than 1,5W.000 papula0on Dash (-)=Not A=Iable. Release date February 17. 2012. The next monthly and bi-monthly releases are scheduled for March 16, 2012. The next semi-annual releases are scheduled to be issued on August 15, 2012- Please note: As of October 1, 2009 all hotline numbers were discontinued with exception of San Frencisco's. Customers can continue to receive infnnmatian by calling the BLS West Region Infomtadon Office: (416) 625.2270. " Thus card La avafWble on the day of release by electronic distribution. Just go to www.bis.00v/bisnisthtm and sign up for the free on-line delivery service. For questions, lease contact us at BLSinfoSF BLS.GOV or (415) 626-2270. V, ri the Interne[ on the day of publication at http q•vvv bts.aovlro9lpachist him. This card is also available on our rax-un-uemana service. card is avadable on call 415-975-4567. When asked for a document number enter 9100 Eleven prior months are also on the the Fax -On -Demand system, to receive a copy of enter 9112, November 2004. enter 9111. October 2004, enter 9110. September 2004, enter 9109. August 2004, enter 9108, July 2004. enter 9107, etc CONSUMER PRICE INDEXES PACIFIC CITIES AND U. S. CITY AVERAGE JANUARY 2005 & 2ND HALF 2004 ALL ITEMS INDEXES (1982-84=100 unless otherwise noted) San Francisco -Oakland -San Jose and Seattle -Tacoma -Bremerton indexes do not appear on the January and July Pacific Cities cards. As cal ee the revious month card for the latest data. the are reported bi-month, , there are no missi data ease s All Urban Consumers (CPI-U) Urban Wage Earners and Clerical Workers (CPI-W) PercentChan a Percent Chan e MONTHLY DATA Indexes Year 1 Month Indexes Year endin 1 Month endin endin ending Jan. Dec. Jan. Dec. Jan. Jan. Jan. Dec. Jan. Dec. Jan. Jan. ' 2004 2004 2005 20D4 2005 2005 2004 2004 2005 2004 2005 2005 185.2 190.3 190.7 3.3 3.0 0.2 180.9 186.0 186.3 3.4 3.0 0.2 U. S. City Average ............................... 554.9 570.1 57 2 - - - 538.7 554.2 554 9 - - - (1967=100)...................................... Los Angeles-Riverside-OrangeCo..... 188.5 1952 495-M 4.4 3.7 0.1 181.7 188.5 188.5 4.6 3.7 0.0 (1967=100)...................................... 556.9 576.7 _ 577.2 - - 7 - 0.2 536.9 536.9 557.2 557.4 557.0 189.5 3.3 - 2.8 0.1 West .................................................. 189.4 194.2 194-5 3.1 296.5 304.7 304.9 - - - (Dec. 1977 = 100) ......................... 306.2 314.0 314.5 - 3.1 - 2.6 - 01 155.0 190.2 190.1 3.4 2.8 -0.1 West- A` .............................................. 191.7 196.5 196.7 299.4 . 307.9 307.7 - - - (Dec. 1977 = 100) .......................... 312.6 320 5 320.7 119.5 - 3- - 3.0 - 0 4 115 4 118.6 118 9 3.3 3.0 0.3 West - E/C"(Dec 1996=100)............. 116.0 119.0 Indexes Percent Change from Indexes Percent Change from 1st Half 2nd Half 1st Half 1st Half 2nd Half 1st Hall SEMIANNUAL DATA 2nd Half 1st Half 2nd Half 2003 to 2003 to 2004 to 2nd Half 1st Half 2nd Half 2003 to 2003 to 2004 to 2003 2004 2004 1st Half 2nd Half 2nd Half 2003 2004 2004 1st Half 2nd Half 2nd Half 2004 2004 2004 2004 2004 2004 Anchorage, AK 163.9 165.6 167.8 2.8 2.4 1.3 164.8 166.2 168.7 2.6 2.4 1.5 - .............................. (1967=100).................................... 437.6 441.9 448.0 - - - 1.4 428.9 185.3 432.7 188.8 439.0 191.5 - 2 9 - 3.3 1.4 Honolulu, HI 185.7 189.2 191.9 3.3 3 3 .............................. (1967=100)...................................... 511.2 521.0 '105.2 528.4 - - - 517.7 103.4 527.5 104.4 535.0 104.7 - 1.2 - 1.3 - 0.3 Phoenix -Mesa, AZ (Dec 2001=100) ... 103.5 105.2 2.0 1.6 0.0 184.9 187.0 1.8 2.7 1.1 Portland -Salem, OR -WA 186.5 189.8 192.5 2.0 3.2 1.4 182.0 .................. (1967=100)..................................... 546.0 555.6 563.5 - - 3.7 1.4 - 524.5 193.8 532.9 197.7 538 9 200.2 - 3.3 - 3.3 - 1.3 San Diego, CA .................................... 206.7 211.4 214.3 3.4 ' 624.9 637.6 645.6 - - - (1967=100) 698.9 714.6 724.5 - - - _ ...................................... _._ _ -__"- _...._.__ nnah i-%=Mnr Avalahle • A= 1,500.000 population and over --ti .=less man i,aw,,rvv NON-,n��„ ----•. ----- - Release date February 23, 2005. The next monthly and bi-monthly releases are scheduled for March 23. 2005. The next semi-annual releases will be issued on August 16, 2005. Anchorage (907) 271-2770 1-Innnhiln tRnR16d1-9AnR on us at Los Angeles (310) 235-6884 Portland (503) 326-2081 Phrwniv rdAnl Fin3-9n7s San rlionn (AIM 557-RSRR S San Francisco (415) 975-4350 Seattlo l7nR1553nRd5 N v s • L City Manager's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 LESSOR'S CONSENT AND AGREEMENT Loan No: 0071409619 Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from Wells Fargo Bank, N.A. ("Lender) to be secured by leased property, as such property is more particularly described in Exhibit A ("Property"). Lessee currently holds or will acquire upon consummation of the pending transaction, a leasehold interest under the lease described in Exhibit A ("Lease") in which the undersigned ("Lessor") is the lessor. Agreement The information on Exhibit A is incorporated herein by reference. 2. The property is subject to the Lease described in Exhibit A. The lease documents described in Exhibit A constitute the entire agreement of Lessee and Lessor regarding the Property. The lease is in full force and effect and unmodified. All rents and other charges due have been paid, there are no other defaults and the Lease is in good standing. Lessor has no knowledge of any facts which now or after the passage of time or the giving notice, or both, would constitute a default under the Lease. The payments required under the Lease are set forth in Exhibit A. Payments and notices to Lessor are deliverable as set forth in Exhibit A. Lessor has no claims outstanding against Lessee in connection with the Property. Loan No;0071409619 3. Lessor consents to the granting of a security interest in Lessee's interest in the lease to Lender. Lessor agrees to send concurrently to Lender copies of any notices sent to Lessee pertaining to Lessee's default or Lessor's intent to terminate the Lease or any part thereof by certified U.S. mail. No modification or termination of the Lease agreed upon by Lessee shall be effective without the express written consent of Lender. Notice will be provided to Lender by certified mail at the following address: Wells Fargo Bank, N.A. 5000 Birch St., #2200, Newport Beach, CA 92660, referencing the Loan Number set forth on Exhibit A or at such other address given to the undersigned by Lender, at the same time as the notices are sent to Lessee. 4. Should the Lease be terminated for any reason prior to expiration of its stated term, Lessor shall, upon written request by Lender to Lessor made within sixty (60) days after such termination, enter into a new lease ("New Lessee") with Lender as the Lessee. The New Lease shall have a term equal to the remainder to the stated term of the Lease has it not been terminated prior to the end its stated term. The New Lease shall have the same covenants, conditions and agreements (except for any requirements which have been satisfied by Lessee prior to termination) as are contained in the lease. Lessor shall be required to enter into the New Lease only if Lender has remedied and cured all monetary defaults under the lease and has cured or has commenced and is diligently pursing completion of the cure of all non -monetary defaults of Lessee susceptible to sure any party other than by the original Lessee. 5. This consent and agreement shall not operate to change or supercede the terms & conditions of the lease in the event of a conflict, the terms of the lease shall prevail. Lessor Homer Bludau, City Manager 0) L Loan No: STATE OF CALIFORNIA COUNTY OF �raV�V►y On 1 (-F/Mk� before me,L 1WI !• NUN% b)IG personally appeared �'UI� personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he\&a executed the same in his\hm"7sir- authorized capacity.Fiesj, and that by his/her44&1e r signature(* on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signatu Notary Public in and for the State n iQ--- i 3 EXHIBIT A— LESSOR'S CONSENT AND AGREEMENT Loan No. 0071409619 Unit No 1. Borrower's (Lessee) Name: Kimberly Woods 2. Property Address: 37 Beacon Bay, Newport Beach, CA 92660 3. Property's Legal Description (if a metes & bounds attach legal): See Attached 4. Developer/Condo Homeowners Assoc. (Lessor) Name: Beacon Bay 5. Lease (including all amendments and dates): See Attached 6. Borrower (Lessee's) Current Monthly Lease Payment: $1,093.73 Payments are current (circle eithe Yes r No). 7. Deliver notices and payments to Lessor at: City Manager's Office, City of Newport Beach, P.O. Box 1768, Newport Beach, CA 92658-8915 8. Term of Lease: 50 Years; commenced on 4/29/98; Expires on July 1, 2044 If applicable: Pursuant to the Lease, Lessee has the right, at its option, to renew the tern of the Lease for N/A consecutive renewal terns of N/A years each. 19 LE ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Property Description Lot 37 as shown on the map filed in Book 9, Pages 42 and 43 of Record of Surveys in the Office of the County Recorder, County of Orange, State of California. RE: 37 Beacon Bay Y.- I- 1' • • Page 1 of 3 Oborny, Shirley From: Spring. Brechbiel@wellsfargo.com Sent: Tuesday, December 12, 2006 4:27 PM To: Oborny, Shirley Subject: RE: 37 Beacon Bay that should be fine... I cantget a call back, from our leasehold dept. Spring Brechbiel Sales Associate Wells Fargo Home Mortgage MAC E2721-024 5000 Birch St #2200 Newport Beach, CA 92660 949-253-4264 Tel 866-471-9090 Fax spring.brechbiel@wellsfargo.com For your protection, we remind you that this is an unsecured email service, which is not Intended for sending confidential or sensitive Information. Please do not Include your social security number, account number, or any other personal or financial Information In the content of the email. To see our privacy policy regarding how we use and protect customer Information, please select the following link: hlto://www wellsfargo com/privacy/privagyjhtml. To discontinue receiving all smalls containing solicitation materials from Wells Fargo Bank N.A., including Wells Fargo Home Mortgage, please send an email to NoEmailReouest(e)wellsfarcio.corri with your name and email address. Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. O 2005 Wells Fargo Bank. All rights reserved. Equal Housing Lender. Wells Fargo Home Mortgage-2701 Wells Fargo Way -Minneapolis, MN 55467.8000 From: Oborny, Shirley [mailto:soborny@city.newport-beach.ca.us] Sent: Tuesday, December 12, 2006 4:11 PM To. Brechbiel, Spring R. Subject: RE: 37 Beacon Bay Thanks Spring. The document calls for the location where the loan will be given from. Should I just type your address below in the document? From: Spring.Brechbiel@wellsfargo.com [mailto: Spring. Brechbiel@wellsfargo.com] Sent: Monday, December 11, 2006 4:56 PM To: Oborny, Shirley Cc: chris.jennemann@welisfargo.com Subject: RE: 37 Beacon Bay Hi Shirley, You can send it to me at the address below. The loan # is 0071409619, and as far as the address for Wells 12/13/2006 RE: 37 Beacon Bay • • Page 2 of 3 Fargo goes, Im not sure which oneyou will need... Im working on getting that answered. I will letyoar know as soon as I have it. Thank -you, Spring Brechbiel Sales Associate Wells Fargo Home Mortgage MAC E2721-024 5000 Birch St #2200 Newport Beach, CA 92660 949-253-4264 Tel 866-471-9090 Fax spring.brechbiel@wellsfargo.com For your protection, we remind you that this is an unsecured email service, which is not intended for sending confidential or sensitive Information. Please do not include your social security, number, account number, or any other personal or financial information in the content of the email. To see our privacy policy regarding how we use and protect customer information, please select the following link: htto:/Avww.wellsfargo.com/pdvacy/advacK.Lhtml. To discontinue receiving all emails containing solicitation materials from Wells Fargo Bank N.A., Including Wells Fargo Home Mortgage, please send an email to NoEmailRequestOwellsfargo com with your name and email address Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. ©2005 Wells Fargo Bank. All rights reserved. Equal Housing Lender. Wells Fargo Home Mortgage-2701 Wells Fargo Way -Minneapolis, MN 55467.8000 From: Oborny, Shirley [mailto:soborny@city.newport-beach.ca.us] Sent: Monday, December 11, 2006 4:42 PM To: Brechbiel, Spring R. Subject: RE: 37 Beacon Bay Spring, if you could give me the address of Wells Fargo and the loan number, your phone number and the address to which I would send the document, I can work on the Lessor's Consent and Assignment. Thanks. From: Oborny, Shirley Sent: Monday, December 11, 2006 3:57 PM To: 'spring.brechbiel@wellsfargo.com' Subject: 37 Beacon Bay << File: Lease 37.pdf >> Shirley Oborny cityWanagers Office City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3002 12/13/2006 RE: 37 Beacon Bay • 9 Page 3 of 3 949-644-3008 (fax) 12/13/2006 V 0 0 City Manager's Office (949) 644-3002 March 9, 2005 CITY OF NEWPORT BEACH Kimberly Woods Trustee of the Beacon Trust QPRT 37 Beacon Bay Newport Beach, CA 92660 RE: Notice of Rent Adjustment for 37 Beacon Bay Dear Ms. Woods: As per section 3.B.(4)(a) of your land lease agreement, effective May 1, 2005, your new monthly rental payment will be $1,320.92. If you have any questions, please contact Shirley Oborny at 949-644- 3002. Sincerely, Dave Kiff Assistant City Manager cc: Seanne Carney, Fiscal Specialist City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, Califoriva 92658-8915 9 www.citynewport-beach.ca.us 1 Rent Increase Calculations for Lot 37 Beacon Bay Calculations are based on section 33.(4)(a) of 7/1194 lease. Lease Execution Date: Date of Rental Adjustment: Date 90 days prior to Rental Adjustment: CPI at time of Execution Date: CPI avail. 90 days prior to Rental Adjustment: Increase/Decrease In CPI: % oflncrease/Decrease: Multiply current rent by % oflncrease/Decrease: Add or Decrease above total to determine new rent: 04129/1998 04/29/2005 01/29/2005 161.8 (4/29/98) - attached) 196.4 (1/29/05 - attached) 33.6increase 20.77% increase (33.6 divided by 161.8) $1,093.75 X 20.77% = $227.17 $1093.75 + $227.17=$1,320.92 (per lease, can never be increased/decreased by greater than 40%) 03/0912005 car vailable on our-ON.DEMANr ice. To ob asked for a doch...ont number, enter . A4._ Prior m 3 copy, cal .975.4 667. D are also m. _..e FAX-ON-DEM )eremher 1997 enter 9112, Nov. PACIFIC CITIES AND U. S. CITY AVERAGE 17H) NDN£01,Y DATA1997 APR. MR. B. S. City Average ............. 1602 4 (1967-100)............. . _ Loa Aagelee-Riverside-Orenge Cc 159.9 1 (1967-100)................ 472.3 4 161.1 Nest .... .... (Dec. 1977 - 100) 260.4 Nest - A ..... .... 161.2 (Dsg. 1977•. 100)•• 262.8 Nest - B/C .(Dee. 1996-100)... 101.1 I BZ-NOmmy DATA 1/ APR. 1997 Sea rraaoisco-Oekl-M-9nn Joe-. 159.6 (1967-100)................ 490.5 Seattle-T...-Biemeit-n.. ..... N/A -e copy of 1 2 ALL ITEMSINDEXES (1982-84-100 ualos, otherwise noted) APRIL 1998 ALL DIIBTH CONSUKEBS I URRAN NAQE EAR)ID1.4 AND CLIItICAL wORIOBA FHRCRNT ca3 I MRCBAS%+R Y.. 1 month I Year 1 month Rga3 ending eadina I I=Ol0%LS e�inQ e9dinII HAR. APR. NAR. MR. APR. I APR. lBNt. APR. WAR. APR. MR. 1998 1998 1998 1998 1998 i 1997 1998 1998 1998 1998 1998 62.2 162.5 1.4 1.4 1.2 I 157.2 158.7 159.1 1.1 1.2 0.3 85.8 486.8 --,,,�-1 I 168.3 472.7 473.9 - - - 61.4 161.8 1.0/' 1.2 0.2 1 154.3 155.1 155.6 0.6 0.8 0.3 76.8 478.2 - - - I 4"., 458.4 63.3 163.6 1.6 1.6 0.2 I 157.8 159.4 159.6 1.3 1.1 0.1 64.0 264.5 - - - I 253.9 256.4' 256.9 - - 163.6 164.2 1.8 1.9 0.2 1 156.2 158.1 158.5 1.4 1.5 0.3 267.1 267.8 - - - 1 252.9 255.9 256.6 - - - 102.3 102.2 1.1 0.8 -0.1 1 101.1 102.1 102.0 0.8 0.6 -0.1 Year 3 Nonthe I Y.. 2 Months NDP]G3S eadinQ evdiDII I I Z=S endjW eading NAR.1/ APR. NAR.1/ APR. APR. I APR. 1998 TPA. NAR.1/ APR. MR. 199C 1998 1998 1998 1998 i 1997 1998 1998 1998 1998 1998 N/A 164.6 N/A 3.1 0.9 I 156.7 N/A 160.8 N/A 2.6 0.8 N/A 505.9 - - - I 477.3 N/A 489.8 - - - N/A 166.4 N/A N/A -0.1 I N/A N/A 161.9 N/A N/A -0.2 N/A 507 1 - - - I N/A N/A 460.1 - (1967.100)... :............ N/A ee.. N/A . Bete Not Avail-ble else ele.se.x A 1,500,000 end Dues, B/C 1, 500.000 and l 1/ HegianinQ with the 1998 is re ion-ttle Seeooe i Sen lodes.. willc no•la were be Dubli.h.d exclusively at.ieni--aauelly °nftei ix.is but on • bi-ninthly December 1997. Begiaaing with J-aunry 1998 date, both of these ashen Wiens will be Dubli.hed bi-moathlY on even moathe only Den)• The All Item. id.. for San rraaci.co end Seattle will be for June 1998 end (rob, ADrli, Jnas, AUQ, Ott, sod next CYD releued on 0ulY 14, 1998. R.1.... date Ney 14, 1990. Next releeee dete June 16, 1998. F.. most in£ormaticn cell (415) 975-4350. B000lmlue (800) 541-3808 Fsytlles (503) 231-2045 Sea £renciaco (415) 975-4406 Seattle (206) 553-0645 l T 0 (1967.100)... :............ N/A ee.. N/A . Bete Not Avail-ble else ele.se.x A 1,500,000 end Dues, B/C 1, 500.000 and l 1/ HegianinQ with the 1998 is re ion-ttle Seeooe i Sen lodes.. willc no•la were be Dubli.h.d exclusively at.ieni--aauelly °nftei ix.is but on • bi-ninthly December 1997. Begiaaing with J-aunry 1998 date, both of these ashen Wiens will be Dubli.hed bi-moathlY on even moathe only Den)• The All Item. id.. for San rraaci.co end Seattle will be for June 1998 end (rob, ADrli, Jnas, AUQ, Ott, sod next CYD releued on 0ulY 14, 1998. R.1.... date Ney 14, 1990. Next releeee dete June 16, 1998. F.. most in£ormaticn cell (415) 975-4350. B000lmlue (800) 541-3808 Fsytlles (503) 231-2045 Sea £renciaco (415) 975-4406 Seattle (206) 553-0645 l T 0 card is available on the Internet on the day of publication at http llw.vvv.bls oovfro9712achist htm This carol is also available on our Fax -On -Demand service To obtain call 415.975-4567. When asked for a document number enter 9100 Eleven prior months are also on the the Fax -On -Demand system, to receive a copy of Decemb . enter 9112_ November 2004. enter 9111. October 2004, enter 9110, September 2004, enter 9109 August 2004 enter 9108 July 2004, enter 9107. etc CONSUMER PRICE INDEXES PACIFIC CITIES AND U. S. CITY AVERAGE JANUARY 2005 & 2ND HALF 2004 ALL ITEMS INDEXES (1982-84=100 unless otherwise noted) San Francisco-oaklangl San Jose and Seattle -Tacoma -Bremerton indexes do not appear on the January and July Pacific Cities cards. As ...s,.A r.01cn cc tha nrPi irvis mnnth'c card for the latest data. All Urban Consumers (CPI-U) Urban Wage Earners and Clerical Workers (CPI-W) Percent Change Percent Chan e Year 1 Month Year I 1 Month MONTHLY DATA Indexes Indexes ending ending ending ending_ Jan. Dec Jan, Dec. Jan. Jan. Jan. Dec. Jan. Dec. 1 Jan. 1 Jan. 2004 2004 2005 2004 2005 2005 2004 2004 2005 2004 200E 2005 185.2 1903 190.7 3.3 3.0 02 180.9 186.0 186.3 3.4 3.0 02 U. S. City Average ....... ... I ................... (1967=100).................................... 554.9 570.1 571.2 - - - 538.7 554.2 554.9 - - - Los Angeles -Riverside -Orange Co.... 1885 195.2 195.4 4.4 3.7 0.1 181.7 1885 188.5 46 37 0.0 (1967=100).................................... 556.9 576.7 577.2 - - - 536.9 557.2 557.0 - - - West .................................................. 189.4 1942 194.5 3.1 2 7 0.2 184.3 189.4 189.5 3.3 2.8 0.1 (Dec. 1977 = 100) .. ................. 306.2 314.0 314.5 - - - 296.5 3047 3049 - - - West - A' .......................................... 191.7 196.5 1967 31 2.6 01 185.0 190.2 190.1 3.4 2.8 -0.1 (Dec. 1977 = 100) ........................ 312.6 320.E 320.7 - - - 299.4 307.9 307.7 - - - West - B/C"(Dec. 1996=1 00) .. ... ....... 116.0 119.0 119.5 3.3 30 0.4 115 4 118.6 118.9 3.31 3.01 0.3 Indexes Percent Change from Indexes Percent Change from 1st Half 2nd Half 1st Half 1st Half 2nd Half 1st Half SEMIANNUAL DATA 2nd Half 1st Half 2nd Half 2003 to 2003 to 2004 to 2nd Half 1st Half 2nd Half 2003 to 1 2003 to 2004 to • 2003 2004 2004 1st Half 2nd Half 2nd Half 2003 2004 2004 1st Half 2nd Half 2nd Half 2004 2004 2004 2004 2004 2004 Anchorage, AK ............................... 1639 1656 167.8 28 24 1.3 164.8 166.2 168.7 2.6 2.4 1.5 (1967=100)............................. 437.6 441.9 448.0 - - - 4289 432.7 4390 - - - Honolulu, HI ................................ 185.7 189.2 191.9 33 33 1.4 185.3 188.8 191.5 2.9 3.3 1.4 (1967=100)..................................... 511.2 521.0 528.4 - - - 517.7 5275 535.0 - - - Phoenix -Mesa, AZ (Dec 2001=100) ... 103.5 105.2 105.2 2.0 1 6 ox 103.4 104.4 104.7 1.2 1.3 0.3 Portland -Salem, OR -WA ................ 186.5 189.8 192.5 20 32 1 A 182.0 184.9 187.0 1.8 2.7 1.1 (1967=100).................................. 546.0 555.6 563.5 - - - 524.E 532.9 5389 - - - San Diego, CA .............................. 206.7 211.4 214.3 3.4 3 7 1.4 193.8 197,7 200.2 3.3 33 1.3 (1967=100).................................... 698.9 714.6 724.5 - - - 624.9 6376 645.6 - - - A=1,500,000 population and over Release date February 23, 2005 2005. Anchorage (907)271-2770 I-Innnhilu (Ans) Sd1-2ROA on us at BIC = less than 1.500.000 population Dash (-)=Not Avaiiable. The next monthly and-bi-monthly releases are scheduled for March 23, 2005. The next semi-annual releases Will be issued on August 16, Los Angeles (310) 235-6884 Portland (503) 326-2081 San Francisco (415) 975-4350 Phn niv (ARM SM-9(175 Fan niAnn (R191 557-RS4A FpAttlp r2n6) 554-nRdS sign up z 0 a� 0 n: N N m 9 3: mm m C C� Office of the City Manager (949)644-3002 January 12, 2004 Attn: Willie Wells Fargo Bank, N.A. 85 Cleaveland Rd. Pleasant Hill, CA 94523 CITY OF NEWPORT BEACH Subject: 37 Beacon Bay Loan No. 117-117-0187607-0001 Dear Willie: 117 of g76U7 000� — f,,Gl� C7,rmalic Enclosed please find an executed Lessor's Consent and Agreement for the above -referenced property. This document should be recorded and returned to the City Manager's office. If you have any questions, please call me. Enclosure City Hall a 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658-8915 s www.city.newport-beach.ca.us • P�Rr CITY OF NEWPORT BEACH cqU FORN`P Office of the City Manager (949) 644-3002 January 12, 2004 Terri Dixon Wells Fargo 5000 Birch St., Ste. 2200 Newport Beach, CA 92660 Subject: 37 Beacon Bay Loan No. 0035697564 Dear Ms. Dixon: Enclosed please find the lease for attachment to the Lessor's Consent and Agreement for the above -referenced property (if it's not too late). Last week I attached only the recorded Memorandum of Lease but sometimes the lenders' legal department prefers the entire lease. If you have any questions, please call me. Sincerely, Shirley O or y Administr ti Assistant Enclosure City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658-8915 9 www.citynewport-beach.ca.us Office of the City Manager (949) 644-3002 NEWPORT BEACH I-(o-oq �Pazac TCVV i i m / 53- u-937 January 7, 2004 1��y Terri Dixon Wells Fargo 5000 Birch St., Ste. 2200 Newport Beach, CA 92660 Subject: 37 Beacon Bay Loan No. 0035697564 Dear Ms. Dixon: Enclosed please find ex should berecoronsent and dedement and retur the rned above -referenced property. This document h rty. questions, please call me. to the City Manager's office. If you have any q Enclosure City Hall • 3300 Newport Boulevard a Post Office Box 1768 Newport Beach, California 92658-8915 9 www.citynewport-beach.ca.us f City Manager's Office City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 USEONLY LESSOR'S CONSENT AND AGREEMENT Loan No: Recitals Borrower, referred to in this Agreement as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from Wells Fargo Home Mortgage PMB ("Lender) to be secured by leased property, as such property is more particularly described in Exhibit A ("Property"). Lessee currently holds or will acquire upon consummation of the pending transaction, a leasehold interest under the lease described in Exhibit A ("Lease") in which the undersigned ("Lessor") is the lessor. " Agreement 1. The information on Exhibit A is incorporated herein by reference. 2. The property is subject to the Lease described in Exhibit A. The lease documents described in Exhibit A constitute the entire agreement of Lessee and Lessor regarding the Property. The lease is in full force and effect and unmodified. All rents and other charges due have been paid, there are no other defaults and the Lease is in good standing. Lessor has no knowledge of any facts which now or after the passage of time or the giving notice, or both, would constitute a default under the Lease. The payments required under the Lease are set forth in Exhibit A. Payments and notices to Lessor are deliverable as set forth in Exhibit A. Lessor has no claims outstanding against Lessee in connection with the Property. 1 Loan No: 0035697564 3. Lessor consents to the granting of a security interest in Lessee's interest in the lease to Lender. Lessor agrees to send concurrently to Lender copies of any notices sent to Lessee pertaining to Lessee's default or Lessor's intent to terminate the Lease or any part thereof by certified U.S. mail. No modification or termination of the Lease agreed upon by Lessee shall be effective without the express written consent of Lender. Notice will be provided to Lender by certified mail at the following address: Wells Fargo Home Mortgage PMB, 5000 Birch St., Ste. 2200, Newport Beach, CA 92660, referencing the Loan Number set forth on Exhibit A or at such other address given to the undersigned by Lender, at the same time as the notices are sent to Lessee. 4. Should the Lease be terminated for any reason prior to expiration of its stated term, Lessor shall, upon written request by Lender to Lessor made within sixty (60) days after such termination, enter into a new lease ("New Lessee") with Lender as the Lessee. The New Lease shall have a term equal to the remainder to the stated term of the Lease has it not been terminated prior to the end its stated term. The New Lease shall have the same covenants, conditions and agreements (except for any requirements which have been satisfied by Lessee prior to termination) as are contained in the lease. Lessor shall be required to enter into the New Lease only if Lender has remedied and cured all monetary defaults under the lease and has cured or has commenced and is diligently pursing completion of the cure of all non -monetary defaults of Lessee susceptible to sure any party other than by the original Lessee. 5. This consent and agreement shall not operate to change or supercede the terms & conditions of the lease in the event of a conflict, the terms of the lease shall prevail. Lessor 2 Loan No:0035697564 STATE OF CALIFORNIA COUNTY OFCi— On l0 , before me, -' `^ , personally appeared AN-Q'\ & t,4L&V1, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he\ he\they executed the same in his er\their authorized capacity ( 4, and that b N her/their signatureZ3�`on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature�� Notary Public in and for the State of W EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Loan No. 0035697564 1. Borrower's (Lessee) Name: Kimberly Woods 04 3 Unit No Property Address: 37 Beacon Bay, Newport Beach, CA 92660 Property's Legal Description (if a metes & bounds attach legal): See Attached 4. Developer/Condo Homeowners Assoc. (Lessor) Name: Beacon Bay 5. Lease (including all amendments and dates): See Attached 6. Borrower (Lessee's) Current Monthly Lease Payment: $1,093.73 Payments are current (circle either(Yes r No). 7. Deliver notices and payments to Lessor at: City Manager's Office, City of Newport Beach, P.O. Box 1768, Newport Beach, CA 92658-8915 8. Term of Lease: 50 Years; commenced on 4/29/98; Expires on July 1, 2044 If applicable: Pursuant to the Lease, Lessee has the right, at its option, to renew the term of the Lease for N/A consecutive renewal terms of N/A years each. 11 ATTACHMENT TO EXHIBIT A — LESSOR'S CONSENT AND AGREEMENT Property Description Lot 37 as shown on the map filed in Book 9, Pages 42 and 43 of Record of Surveys in the Office of the County Recorder, County of Orange, State of California. 0 Oborny, Shirley From: Oborny, Shirley Sent: Friday, October 17, 2003 8:19 AM To: Wong, Gilbert Cc: Kiff, Dave; PBW Admin Team Subject: RE: Beacon Bay Lease Land I'll bring the exhibits over in hard copy. -----Original Message ----- From: Wong, Gilbert Sent: Thursday, October 16, 2003 5:09 PM To: Oborny, Shirley Cc: Kiff, Dave; PBW Admin Team Subject: RE: Beacon Bay Lease Land Shirley, Thank you for the lease. The lease reference Exhibit "A", "B", etc., but they are not attached. Can I also get a copy of the Exhibits? Gilbert -----Original Message ----- From: Kiff, Dave Sent: Thursday, October 16, 2003 3:06 PM To: Wong, Gilbert Cc: Oborny, Shirley Subject: RE: Beacon Bay Lease Land Gil -- Shirley can give you a copy of the lease that's specific to the property you're interested in, if you would show her the specific property on a map. We have individual leases with each homeowner, though I'll guess that the provisions re: encroachments and land usages are all similar lease to lease. M! -----Original Message ----- From: Wong, Gilbert Sent: Thursday, October 16, 2003 9:45 AM To: Kiff, Dave Cc: PBW Admin Team; Burt, Ed; Andsta, Pete; Groverman, David; Aroniega, Patrick; Lee, Iris; Tse, Fong Subject: Beacon Bay Lease Land Dave, Beacon Bay is City of Newport Beach lease land, can I get a copy of the Beacon Bay Lease if there are any improvement/land usage restrictions? Because we have one request to install a wall/patio that's encroaching into the common area and another request to install an outdoor bathroom. It seems there are more homeowners trying to make improvements that we are not sure if the City/Lease/Homeowner Association would allow it. Gil Tracking: Recipient Read Wong, Gilbert Read: 10/17/2003 8:42 AM Kiff, Dave PBW Admin Team Locey, Mary Read: 10/17/2003 8:23 AM DATE I� TIME 1 FOR • � `' WHILE YOU WERE OUT M C,- Wv-� 3-bV-)n5DYI V PHONE NO. �4 • � 1 D V TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT MESSAGE v —7 `-- 1 LC l.� c) y) —F�� dory-)e 5 }�V, c e �� �l Yv�1�c►�1�� V�tioc� S 1, D�3.75 BY 7, DATE �" �" Tim WHILE YOU WERE OUT M C l o f---y .VL,2h s:ee OF eJ 22 PNONE O. ExT. TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT MESSAGE BY 45-11. 7S -�i s-6;3 rurnn3lnr= From the desk of JERRY WOODS Jerry Woods President 230 Newport Center Drive Suite 250 Newport Beach, CA 92660 (714) 644.6500 TDD (714) 644.7131 FAX (714) 644-5706 230 Newport Center Drive Suite 250 Newport Beach, California 92660 (714) 644.6500 TDD (714) 644-7131 FAX (714) 644-5706 • A-AVVAVTE3M8 From the desk of JERRY WOODS 9'c 230 Newport Center Drive Suite 250 Newport Beach, California 92660 (714) 644-6500 TDD (714) 644-7131 FAX (714) 644-5706 CITY OF NEWPORT BEACH Office of City Manager (714) 644-3002 April 29, 1998 Kimberley Woods 37 Beacon Bay Newport Beach, CA 92660 Subject: 37 Beacon Bay Lease Dear Ms. Woods: Enclosed please find two original leases, a Memorandum of Lease, and a Termination of Lease. Please have all documents signed, the Memorandum of Lease and Termination of Lease notarized, and return all documents to the City for signatures. If you have any questions please give me a call. Sincerely, Marion Brockman Secretary, City Manager's Office mb enclosures City Hall • 3300 Newport Boulevard • Newport Beach, California 92663-3884 KIMBERLEY WOODS JEROME A. WOODS 714.675.0617 37 BEACON BAY IEWPORT BEACH.`CA- 92660 ToTHE WELLS FARGO BANK 31_U3 1zzu11 J OAT[ 1228 $106. Fob[ / & �� `—'--- W 4122101190:1228 0760 50 i99li[ (d) Subsequent Lessee: In the event of any transfer of this Lease to a Subsequent Lessee who wished to sign this Lease after the Cutoff Date in a transaction other than an arm's length assignment of this Lease, and sale of the improvements on the Leased Land, H any, such as a gift or transfer by inheritance other than an exempt transfer under Paragraph 3.13(3), the Subsequent Lessee shall pay annual rent equal to the Average Actual Sales Value Rent calculated as of the date of the transfer in accordance with the provisions of Paragraph 3.A(2). The Subsequent Lessee shall also pay all Deferred Rent concurrent with the execution of this Lease. The annual rent shall be adjusted every seven (7) years following the Execution Date in accordance with the provisions of Paragraph 3.B(4). (3) Exempt Transfers. The provisions of Paragraph 33 regarding transfers shall not operate to increase rent if: (a) Lessee is assigning an interest in this Lease to a trustee under a deed of trust for the benefit of a lender; (b) the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse; (c) the transfer of an interest in this Lease is between or among tenants in common or joint tenants in ownership of the leasehold estate created by this Lease, and such tenants in common or joint tenants first acquired their respective interests in this Lease simultaneously; (d) the transfer or assignment is by a bona fide lender acquiring title by foreclosure or deed in lieu of foreclosure of a trust deed; or (a) the transfer is a sublease of the premises for three years or less; provided, however, that in determining the term of a sublease, any options or rights to renew or extend the sublease shall be considered part of the term whether or not exercised; (0 the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the other spouse; (g) the transfer is to an infer vivos trust, Irving trust or other similar estate planning --arrangement of Lessee, -provided, however, that the provisions of Paragraph 3.0 shall apply upon the death of such Lessee N the beneficiary of such trust or other arrangement is other than the surviving spouse or a tenant in common or joint tenant in ownership of the leasehold estate created by this Lease, and such tenants in common or joint tenants first acquired their respective interests in this Lease simultaneously; or (h) the transfer is to a guardian or custodian of Lessee appointed due to the physical or mental incapacity of Lessee; provided, however, that the provisions of Paragraph 3.0 shall apply upon the death of such Lessee unless the transferee is the surviving spouse or a tenant in common or joint tenant in ownership of the leasehold estate created by this Lease, and such tenants in common or joint tenants first acquired their respective interests in this Lease simultaneously. (4) Rent Adjustments. (a) Except as provided in Paragraphs 3.8(I)(a), 3.B(2)(a) and 3.B(3), on the seventh (7th) anniversary of the Execution Date of this Lease, or the seventh (7th) anniversary of the date of any transfer of this Lease by any Current or Subsequent Lessee, rent shall be adjusted to reflect any increase or decrease in the cost of living, which adjustment shall be determined as set forth hereinafter. The most recently published CPI figure shall be determined as of the date ninety 5 QUALIFIED PERSONAL RESIDENCE TRUST TRUST AGREEMENT made effective as of the 12th day of November, 1997, between Jerome A. Woods, hereinafter called the "Grantor" and Kimberley A. Woods, hereinafter called the 'Trustee". ARTICLE I TRUST PURPOSE The Grantor intends by this Agreement to create a "qualified personal residence trust" within the meaning of Section 2702(a) of the Internal Revenue Code of 1986, as amended (the "Code") and Treas. Reg. §25.2702-5(c). The Grantor shall have the right to the exclusive use, possession and enjoyment of any personal residence held by the Trustee. The Trustee shall hold and manage the trust estate, shall collect any income thereof, and shall pay over or apply the net income at the end of each calendar quarter to or for the benefit of the Grantor. The Trustee shall not pay over or apply any portion of the income or principal of the trust estate to or for the benefit of any person other than the Grantor; provided, however, that this sentence shall not be construed to prevent the payment by the Trustee of expenses, properly chargeable to the trust estate. ARTICLE II TRUST PROPERTY The Grantor hereby assigns, transfers and sets over to the Trustee that certain personal residence described in Exhibit "A", attached hereto, to have and to hold as hereinafter set forth. Grantor shall have the right,_ at any time, to contribute cash, subject to the restrictions hereafter set forth, and such additional property shall become part of the Trust Estate of this Trust. ARTICLE III NAME OF TRUST This Trust shall for convenience be known as the 'Beacon Trust dated November 12,1997", and it shall be sufficient to refer to it as such in any instrument of transfer, deed, assignment or devise. ARTICLE IV TERM -OF TRUST - The trust herein created shall terminate upon the first to occur of (1) the death of the Grantor and (2) the expiration of a term of Tw eN rg (Ao years from the date of this Agreement (the "Fixed Term"), and the Trustee shall thereupon distribute the principal of the trust estate, as it is then constituted, pursuant to the provisions of Article V. ARTICLE V DISPOSITIVE PROVISIONS The Trustee shall hold, manage, invest, and reinvest the trust estate upon the following terms and conditions: 5.01 Excess Cash. The Trustee shall distribute to the Grantor at the end of each calendar quarter any portion of the trust estate which consists of cash in excess of the amount permitted to be held by the Trustee under Treas. Reg. § 25.2702-5 (c) (5) (ii) (A) (1). 5.02 If Residence Ceases to be a Personal Residence of the Grantor. Upon such time during the term of the trust as the residence held by the Trustee ceases to be a personal residence of the -Grantor, the principal of the trust, as it is then constituted, shall be transferred, conveyed and paid over to the Grantor or, in the alternative, disposed of pursuant to Article VI provided, however, that such cessation shall be deemed to occur only if and when it is deemed to occur under Treas. Reg. §25.2702-5(c)(7), and only such portion of the principal as is required by Treas. Reg. §25.2702-5(c)(7) shall be so transferred, conveyed and paid over. If the residence held by the Trustee is sold or destroyed without such cessation being deemed to occur, any sales or insurance proceeds in excess of those used to purchase or build a successor personal residence of the Grantor within the time required by Treas. Reg. §25.2702-5(c) shall be transferred, conveyed and paid over to the Trustee, to be disposed of pursuant to Article VI, instead of being paid to the Grantor pursuant to Section 5.01, but only if and to the extent that this is permitted by Treas. Reg. §25.2702-5(c). 5.03 If the Grantor dies_prior to the expiration of the Fixed Term. If the - Grantor dies prior to the expiration of the Fixed Term, upon the Grantor's death the principal of the trust estate, as it is then constituted, shall be ►A L transferred, conveyed and paid over to the Grantor's executor or administrator, to be disposed of as part of the Grantor's estate. 5.04 If the Grantor survives the Fixed Term. Notwithstanding any other provision of this Article, if the Grantor survives the Fixed Term, upon the expiration of the Fixed Term the Trustee shall transfer, convey and pay over to the Grantor any portion of the trust estate which consists of cash held for the payment of expenses to the extent required by Treas. Reg. §25.2702- with any . The principal of the trust estate, together undistributed income, shall thereupon be distributed to Grantor's children who so survive Grantor in equal shares, free of trust, or to their living issue or if there is no issue so surviving, then to the survivor(s) of them. ARTICLE VI ANNUITY Unless otherwise provided, the following provisions shall apply to the Annuity: 6.01 Terms of Annuity. All property directed to be_ disposed of under this Article VI shall be held, INTRUST NEVERTHELESS, for the following uses and purposes: to manage, invest and reinvest the same, to collect the income thereof, and to pay to the Grantor in each taxable year of the trust the amount (the "annuity amount") set forth below. The first taxable year of the trust shall commence on the earlier of (1) the date of receipt of the proceeds of sale of the personal residence and (2) the cessation of use of the residence as a personal residence of the Grantor, within the meaning of Treas. Reg. §25.2702-5(c)(8). The annuity amount shall be paid in equal quarterly installments, from the income of the trust estate, and, to the extent that the income is not sufficient, from the principal of the trust estate. Any income of the trust estate for a taxable year in excess of the annuity amount shall be added to the principal of the trust estate. 6.02 Annuity Amount. The annuity amount shall be the amount determined under Treas. Reg. §25.2702-5(c)(8)(ii)(C), viz., an amount equal to (1) the value of all interests retained by the Grantor (as of the date of the original transfer or transfers), divided by (2) an annuity factor determined as of the date of the original transfer, using the rate determined under Section 7520 of the Code as of that date, and for the original term of the Grantor's interest. To the extent permitted under Treas. Reg. §25.2702-5(c)(8)(ii)(C), the annuity amount shall be adjusted in the event that only a portion of the Q proceeds of the sale of a personal residence becomes subject to this Article VI. 6.03 Value of Property. For purposes of determining the annuity amount, the value of property transferred by the Grantor to the Trustee shall be its fair market value for Federal gift tax purposes. If the fair market value of the property is incorrectly determined, then within a reasonable period after the value is finally determined for Federal gift tax purposes, .the Trustee shall pay to the Grantor (in the case of an undervaluation) or shall receive from the Grantor (in the case of an overvaluation) an amount equal to the difference between the annuity amounts properly payable and the annuity amounts actually paid. 6.04 Proration. In determining the annuity amount, the Trustee shall prorate the same on a daily basis for a short taxable year and the taxable year in which the Grantor's interest terminates. 6.05 Termination. The trust created under this Article VI shall terminate upon the first to occur of (1) the death of the Grantor and (2) the expiration of the Fixed Term, and the principal of the trust estate, as it is then constituted, together with any undistributed income, shall be disposed of in accordance with Section 5.04. 6.06 Additional Contributions. No additional contributions may be made to the trust held under this Article VI. ARTICLE VII GENERAL PROVISIONS Unless otherwise provided herein, the following provisions shall be applicable to the administration of this trust: 7.01 Grantor's Intention. It is the Grantor's intention by this Agreement to create a qualified personal residence trust within the meaning of Section 2702(a) of the Code and Treas. Reg. §25.2702-5(c). Accordingly, the provisions of this Agreement shall be construed and the trusts created hereunder shall be administered solely in accordance with said intention and in a manner consistent with that section of the Code and those regulations and with any successor section or regulations and any revenue rulings, revenue procedures, notices or other administrative pronouncements that may be issued thereunder by the Internal Revenue Service. Should the M provisions of this Agreement be inconsistent or in conflict with such section, regulations, any successor section or regulations, or any revenue rulings, notices or administrative pronouncements shall be deemed to override and supersede the provisions which are set forth herein. If such section or regulations, or any successor section or regulations, or -any ruling, notice or other administrative pronouncement issued thereunder, at anytime requires that Agreements creating a trust to hold a personal residence contain provisions that are not expressly set forth herein, such provisions shall be incorporated into this Agreement by reference and shall be deemed to be a part of this Agreement to the same extent as though they had been expressly set forth herein. All references in this Agreement to Treas. Reg. §25.2702-5 shall be deemed to refer to any successor regulations and any rulings, notices or other administrative pronouncements that may be issued thereunder. 7.02 Right to Reacquire Personal Residence. The trust created herein shall be prohibited from selling or transferring the residence, directly or indirectly, to the grantor, the grantor's spouse, or an entity controlled by the grantor or the grantor's spouse during the original term interest of the trust, or at any time after the original term interest that the trust is a grantor trust. 7.03 Combination of Trusts. If another personal residence trust holds an undivided fractional interest in the same residence in which an undivided fractional interest is, pursuant to this Agreement; transferred by the Grantor, for all intents and purposes, both trusts shall be treated as one trust. 7.04 Qualified Assets. Except as otherwise provided in this Article, during the term of the trust, the Trustee is prohibited from holding any asset "in that trust other than one residence (or an undivided fractional interest in one residence) to be used as a personal residence by the Grantor. 7.05 Personal Residence. The term "personal residence" as used in this Agreement shall mean a personal residence within the meaning of Treas. Reg. §25.2702-5(b)(2). 7.06 Cash. To the extent permitted by Treas. Reg. §Z5.2702-5(c)(5),(ii)(A): (1) During the term of the trust created under Article IV, the Trustee may hold cash as part of the trust estate but not in excess of the amount required for the payment of trust expenses already incurred, 5 or reasonably expected to be incurred within six months of the receipt of the cash by the Trustee, for improvements to the personal residence to be paid for within six months of the receipt of the cash by the Trustee, for purchase of a ,personal residence within three months of the date of this Agreement, or for purchase of a personal residence within three months of the- receipt of the cash by the Trustee if the Trustee has previously entered into a contract to purchase the personal residence. (2), During the term of the trust created under Article IV, the Trustee may hold the proceeds of the sale of the personal residence (including the income thereon) for a period of not more than two years from the date of sale if the Trustee intends to use those proceeds within that period to purchase another residence to be used as a personal residence by the Grantor during the Fixed Term and may hold insurance proceeds paid to the Trustee as a result of damage or destruction of the personal residence for a period of not more than two years if the Trustee intends to use those proceeds for repair, improvement or replacement of the personal residence. (3) The interest of the Grantor in any trust created hereunder shall not be commuted. 7.07 Discharge of Tax Liability. Notwithstanding any contrary statute or case law, the Trustee shall not pay to the Grantor or the Grantor's executors any principal of the trust estate on account of or in discharge of the Grantor's income tax liability (whether Federal, state or otherwise), if any, in respect of gains realized by any trust created hereunder and taxable to the Grantor. 7.08 Restraint on Alienation. No income or principal payable to or held for any beneficiary shall, while in the possession of the Trustee, be alienated, disposed of, or encumbered in any manner other than by Trustee action authorized hereby. Throughout the duration of the trust, no beneficiary thereof shall have the power voluntarily to sell, alienate, convey, assign, transfer, mortgage, pledge or otherwise dispose of or encumber any principal or income thereof or any interest whatever therein until physical distribution of payments is made to him or her, and no interest of any beneficiary in.or claims to any trust assets or benefits shall be subject to the claims of any of his or her creditors or to judgment, levy, execution, sequestration, garnishment, attachment, bankruptcy or other insolvency proceedings, or any other legal or equitable process. 0 7.09 Reliance by Third Parties. No grantee, purchaser, or other person dealing with the Trustee while the Trustee is purporting to act in such capacity under any power or authority granted the Trustee herein need inquire into the initial existence of facts upon which the purported power or authority depends or into the continued existence -of the power, the expediency of the transaction, or the proper application of the proceeds or other consideration. 7.10 Rule Against Perpetuities. The trust created hereunder shall in any event terminate twenty-one.(21) years after the death of the Grantor and of the Grantor's issue living on the date of this instrument. The property held in trust shall thereupon be distributed, discharged of trust, to the beneficiary or beneficiaries thereof in their respective interests. 7.11 Situs of Trust. This trust is created under, it is governed by and it is to be construed and administered according to the laws of the State of California, provided, however, that if the situs of this trust shall change to another jurisdiction, the laws of the new situs of the trust shall thereafter govern the construction and administration of this trust. 7.12 Change in Situs of the Trust. Recognizing that the needs and family circumstances of the trust beneficiaries may change or vary and desiring to grant said beneficiaries maximum flexibility in the administration of the trust property for their benefit, the Grantor expressly authorizes the beneficiaries of this trust, who are of full age and legal capacity and acting by unanimous vote, at any time to change the situs of this trust for any reason deemed sufficient by them including, but not limited to, ease of administration, adverse tax treatment of the trust in its present situs or convenience of the beneficiaries. If such beneficiaries determine that a change in- situs is necessary or desirable, they shall so inform the present Trustee by an instrument in writing executed by all of such beneficiaries who are of full age and legal capacity and shall further designate a Successor Trustee or Trustees (corporate or individual) in the new jurisdiction. Upon receipt of such notification the Trustee shall resign its office and, after reserving such amounts as necessary to cover its final charges and expenses, shall transfer and deliver all remaining trust propertyto such Successor Trustee, provided, however, that such Successor Trustee has earlier signified in writing its willingness to serve. 7 Any Trustee who resigns pursuant to the provisions of this Article shall not be liable for any action- taken to effect the desired change in situs if undertaken in good faith and based on information reasonably available to the Trustee. No Successor Trustee hereunder shall be liable for the acts, omissions or defaults of any prior Trustee nor for failure to contest the accounts of any such Trustee or -failure to compel redress of any breach of trust unless previously so requested in a writing addressed to the Successor Trustee by a beneficiary. The actions taken by the beneficiaries pursuant to the provisions of this Section shall be final and binding on all persons interested and shall not be subject to judicial review. ARTICLE VIII POWERS In administering all trusts established hereunder, the Trustee, including any successor Trustee, shall have all of the powers conferred by law upon Trustees generally; and, in addition, shall have the following powers, all of which shall be exercised in a fiduciary capacity, primarily in the interest of the beneficiaries: 8.01 Hold and Manage Trust Estate. To hold, possess, manage and control the trust estate for the purposes and uses herein set forth. 8.02 Invest. The Trustee shall not be limited to such investments as may be authorized or permitted as suitable for the investment of trust funds under the laws of California or any other state so long as the Trustee exercises prudence and diligence in selecting trust investments. 8.03 Sell and Exchange. To sell, transfer, grant options to purchase, exchange or otherwise dispose of, all or any part of the trust estate, for cash or on terms, at public or private sale, and to pledge or encumber the -same. - 8.04 Execute Instruments. To execute anddeliver any deeds, leases, assignments or other instruments that may be necessary to carry out the provisions of the trust. 8.05 Purchase Property From Estate. To- purchase property, -real or personal, from the Grantor's or a beneficiary's estate, or from any other trusts created by Grantor, upon such terms and conditions as to price and terms of payment as the Trustee and the respective personal representative shall agree. 8.06 Use of Nominee. To hold any or all of the trust assets, real or personal, in the Trustee's own name, or in the name of any corporation, partnership, or other person as the Trustee's nominee for holding the assets, with -or without disclosing the fiduciary relationship. 8.07 Distribution in Cash or Kind. To make any distribution to the beneficiary either in kind or in money. Distribution in kind shall be made at the fair market value of the property distributed and the Trustee may, in the Trustee's discretion, cause the share to be transferred to any distributee to be composed of property like or different from that transferred to any other distributee. 8.08 Borrow. To borrow whatever money the Trustee deems desirable for any trust on any terms from any lender, and to pledge or mortgage or otherwise encumber as security any assets of the borrowing trust, and, with respect to. the purchase of any property, as part of the consideration given therefor, to assume a liability of the transferor or to acquire such property subject to a liability. 8.09 Lend. To lend money to any person or persons upon such terms and in such ways and with such security as they may deem advisable for the best interest of the trust and the beneficiaries hereunder. 8.10 Allocation to Principal and Income. To allocate receipts and expenses between income and principal of the trust estate in accordance with applicable local law, and to pay from the income or principal of the trust estate, as the case may be, the expenses properly chargeable to the income or principal of the trust estate and permitted by Treas. Reg. §25.2702-5(c). In addition, the Trustee shall be authorized to allocate realized capital gains to income in whole or in part pursuant to Treas. Reg.'§1.643(a): 3(a)(1). 8.11 Compromise or Abandonment of Claims. Upon whatever terms the Trustee deems advisable, to compromise, adjust, arbitrate, sue on, defend, or otherwise deal with any claims, including tax claims, against or in favor of any trust; to abandon any asset the Trustee deems of no value or of insufficient value to warrant keeping or protecting; to refrain from paying taxes, assessments, or rents, and from repairing or maintaining any asset; and to permit any asset to be lost by tax sale or other proceeding. M ARTICLE IX LIMITATION ON POWERS Notwithstanding anything herein contained to the contrary, no powers enumerated herein or accorded to Trustees generally pursuant to law shall be construed to enable the Grantor, or the Trustee, or any other person, to purchase, exchange, or otherwise deal with or dispose of the principal or income of the trusts for less than an adequate or full consideration in money or money's worth, or to enable the Grantor or the Trustee to borrow the principal or income of the trusts, directly or indirectly, without adequate interest or security. ARTICLE X POWERS OF GRANTOR The Grantor shall have the power during his lifetime at any time and from time to time, acting in a nonfiduciary capacity, without the approval or consent of any person, including the Trustee, to acquire the assets of any trust held under this agreement by substituting property of an equivalent value. The Grantor directs that this power is not assignable, and any attempted assignment will make this power void. No fiduciary duty of the Trustee shall be asserted by the Trustee as a defense to the exercise of the Grantor's power under this paragraph. The Grantor may at any time and from time to time during his lifetime by delivery of a written, acknowledged instrument -to the Trustee, release such power as to any one or more of the trusts created under this agreement, any such release to be irrevocable. ARTICLE XI TRUSTEE 11.01 Mpointment of Trustee. The Grantor hereby appoints Kimberley A. Woods to serve as the Trustee of the Trust created hereunder. 11.02 Bond. Any Trustee appointed or serving hereunder shall not be required to furnish any bond or other security in any jurisdiction for the faithful_ performance of his or her duties as such, the same being expressly waived hereby. 10 ARTICLE XII COMPENSATION OF TRUSTEE The Trustee shall be entitled to reasonable compensation for services rendered hereunder. Any additional duties and responsibilities due to acquisition of additional trust property or the transfer into trust of additional property shall be considered in determining the amount, but it shall not exceed the amount allowable by law at the time compensation becomes payable. ARTICLE XIII ACCOUNTING BY TRUSTEE The Trustee shall prepare an account for each taxable year of such trust, and, whenever such Trustee ceases to serve, an account shall be prepared from the time of the last prior account through the end of the period of service. The Trustee shall keep each account available for inspection by and may deliver copies to the beneficiaries eligible within the period covered thereby to receive benefits from the trust which is the subject of said account. The written approval of an account by such a beneficiary, or by his or her parent or guardian if such beneficiary is a minor or otherwise incompetent, shall be final and binding as to all matters stated therein or shown thereby upon that beneficiary and upon all persons then or thereafter claiming any interest through or under him or her in the income or principal of such trust. Failure of such beneficiary, or of his or her parent or guardian if such beneficiary is a minor or otherwise incompetent, to deliver to the Trustee written objection to an account within thirty (30) days after receipt thereof shall constitute the final and binding approval thereof by that beneficiary. ARTICLE XIV AUTHORIZATION TO ADMINISTER TRUSTS DURING ABSENCE AND INCAPACITY An individual Trustee -may authorize in writing the other Trustee then serving to administer the trusts and act in her name and in her behalf during any temporary absence or incapacity; provided, however, no Trustee in such event shall be authorized to exercise any power of discretion which such Trustee is expressly prohibited from exercising by any provisions of this Trust Agreement. 11 ARTICLE XV RESIGNATION AND APPOINTMENT OF SUCCESSOR TRUSTEES 15.01 Successor Trustee. In the event that Kimberley A. Woods shall fail or cease for any reason to act as Trustee, the Grantor nominates and appoints Glory L. Johnson shall serve as successor Trustee hereunder. In the event that Glory L. Johnson shall fail to qualify or for any reason whatsoever is unable or unwilling to act or to continue to act as Successor Trustee, she is hereby empowered to appoint any individual or any corporate Trustee authorized to act in the State of California as Successor Trustee. 15.02 Resignation. Any Trustee may resign by delivering written resignation to the other Trustee then serving or, if none is then serving, to any competent adult beneficiary or the parent or guardian of a minor or otherwise incompetent beneficiary. In the event of the resignation or death of a Trustee, if no successor Trustee has been designated herein, the individual Trustee, if any, or if none, a majority of the beneficiaries (a minor or otherwise incompetent beneficiary to be represented by his or her parent or guardian) shall have the right within thirty (30) days to appoint a - successor Trustee and shall notify the resigning Trustee of such appointment. In the event the said individual Trustee or beneficiaries, whichever the case maybe, shall fail to designate a successor Trustee within the time specified, the then acting Trustee may apply to a court of competent jurisdiction for leave to resign, and for the appointment of a successor Trustee and the judicial settlement of such resigning Trustee's account. ARTICLE XVI SUCCESSION OF TRUSTEES 16.01 Acceptance by Successor Trustee. Any successor Trustee shall accept the office by written instrument and shall assume the duties thereof immediately upon delivery of the trust instrument to any adult beneficiary, without the necessity of any other act, conveyance or transfer. If there is no adult bene- ficiary, delivery of the written instrument shall be for the parent or guardian of a minor or otherwise incompetent beneficiary. 16.02 Title to Trust Estate. The title to the trust estate shall vest forthwith in any successor Trustee acting pursuant to the provisions hereof, but any resigning Trustee shall execute all instruments and do all acts necessary -to vest such title in any successor Trustee without court accounting. A successor Trustee 12 shall have no duty to examine the accounts, records and acts of the prev, Trustee. Any claim or action against any previous Trustee must in event be asserted or filed by any beneficiary within one (1) year after Trustee ceases to serve. If there is no adult beneficiary, delivery of written instrument shall be for the parent or guardian of a mino otherwise incompetent beneficiary. 16.03 Powers of Successor Trustees. Each successor Trustee, including successor to any corporate Trustee by consolidation, merger, transfe trust business or otherwise, shall have, exercise and enjoy all of the rii privileges and powers, both discretionary and ministerial, as are herein g to the originaf Trustees, including the right -to appoint a successor Tru, and shall incur all of the duties and obligations imposed upon the original Trustees. ARTICLE XVII IRREVOCABILITY The trust created herein shall be irrevocable, 'and the Grantor he' expressly relinquishes any right or power-, whether alone or in conjunction others, in whatever capacity, to alter, amend, revoke, or terminate this trust, o. of the terms of this Agreement, in whole or in part. ARTICLE XVIII CONSTRUCTION OF AGREEMENT The headings and subheadings used throughout this Agreement are for convert only and have no significance in the interpretation of the body of this Agrees and Grantor directs that they be disregarded in construing the provisions o Agreement. 13 IN WITNESS WHEREOF, the undersigned have executed this Agreement. Dated: November 12, 1997 %'k •- J ome A. Woods, Grantor STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) Ki erley A. Woods rustee On November 12, 1997, before me, Monique Juteau, a Notary Public in and for said County and State, personally appeared Jerome A. Woods and Kimberley A. Woods, personally proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. `� . ++0 4 .' NOiAAY FU6t1C • CflL"CRM,4 < C . , c .� fM �+• FsJires Occ. 20, 1597 -s WITNESS my hand and official seal. 14 (SEAL) CITY OF NEWART BEACH PAYMENT AUTHORIZATION Demand of: Gary L. Granville Address: County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92701 Date: May 11, 1998 Amount: $24.00 Item of ExI lice No. Recording of documents for E 6� Termination of Lease and Memorandum of Budget No. Amount 0310 8080 24.00 Lease TOTAL $24.00 Description/Special Instructions: PLEASE DO NOT MAIL.GIVE CHECK TO MARION Prepared By: Marion Brockman Department Approval: Dave Kiff Acctg Mgr. Approval: Finance Dir. Approval: Date: 5-11-98 Date: 5-12-98 Date: Date: CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER January 23, 1998 TO: FINANCE DEPARTMENT FROM: MARION BROCKMAN SUBJECT: SALE OF 37 BEACON BAY Subject property (37 Beacon Bay) was sold on January 20, 1998. The new owner is Kimberley Woods and the new monthly rental is $1,093.75 As of this date please bill the new owner at 37 Beacon Bay, Newport Beach. Thanks, q"l alll� Marion Brockman mb 0 0 CITY OF NEWPORT BEACH 10 Office of City Manager (714) 644-3002 November 26, 1997 Julie Gardner Escrow Officer Mariners Escrow Corporation 190 Newport Center Drive, Suite 250 Newport Beach, CA 92660 Subject: 37 Beacon Bay 15232-JG Dear Ms. Gardner: Enclosed please find two original leases, a Memorandum of Lease, and a Termination. of Lease. Please have all documents signed, the Memorandum of Lease and Termination of Lease notarized, and return all documents to the City for signatures. If you have any questions please give me a call. Sincerely, Marion Brockman Secretary, City Manager's Office mb enclosures City Hall • 3300 Newport Boulevard 9 P.O. Box 1768 0 Newport Beach, California 92659-1768 MARINERS ESCROW CORPORATION CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH,CA. 92660 Attn: MARION RE: Borrower: Kimberley Woods, Trustee of the Beacon Trust Property: 37 Beacon Bay, Newport Beach, CA Your Loan Number: 37 BEACON BAY CONSENT In connection with the above referenced escrow, we enclose the following: 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8908 Newport Beach, Cahfomia 92658 Phone (714) 640-6040 Aix (714) 721.8157 Date : January 16, 1998 Escrow No. : 15232-JG 1) PLEASE HAVE THE CITY MANAGER SIGN AND HAVE NOTARIZED THIS CONSENT AND CALL ME TO PICK UP... WE ARE TRYING TO RECORD TODAY ... THANKS MARION--- We appreciate the opportunity to be of service to you in this transaction. Should you have any questions, please call us at the telephone number(s) referenced above. Mariners Escrow Corporation ROBIN FUNKE Escrow Officer M -WHEN RECORDED MAIL TO: WASHINGTON MUTUAL BANK, FA 400 E. MAIN ST „ DEPT. #4036 STOCKTON, CA 95290-4036 Loan No.: 99183907 Order No.: 9719160 Lessor's Consent to Granting of a Security Interest in Lessee's Interest in Lease to Mortgage Lender and Agreement to Notify Lender of Lessee's Default Under Lease Recitals Borrower, hereinafter referred to as "Lessee" and as more particularly described in Exhibit A, has applied for a loan from WASH I NGTON MUTUAL BANK, FA ("Lender") to be secured by an assignment of lease property, as more particularly described in Exhibit A, ("(Property"). Lessee currently holds or will acquire upon consummation of the pending transaction, a Leasehold interest under a Lease described below and on Exhibit A in which you are a Lessor. As part of the process, Lender requires you as Lessor to execute this document. Agreement 1. The descriptions on Exhibit A are incorporated herein by reference. 2. The Property is subject to a Master Lease and a sublease ("Lease"), as more particularly described in Exhibit A. The referenced documents constitute the entire agreement of the Lessee and Lessor. The Lease is in full force and effect and unmodified. All rents and other charges due have been paid, there are no defaults and the Lease is in good standing. Lessor has no knowledge of any facts which now or after the passage of time would constitute a default under the lease or any claim of breach, counter claim, lien or offset existing under the Lease against rents or other charges due or to become due thereunder. The Lease payments under the Lease are set forth in Exhibit A. Payments and notices to Lessor are deliverable as set forth in Exhibit A. 3. Lessor hereby acknowledges and consents to the granting of a security interest in Lessee's interest in the Lease to Lender. Lessor agrees to send concurrently Lender copies of any notices sent to Lessee pertaining to Lessee's default or Lessor's intent to terminate the Lease or any part thereof due to a default by Lessee in any of Lessee or any sublessee's obligations thereunder by registered or certified U:S. mail which Notice shall not be effective until receipt. Lessor agrees to forbear from action to terminate Lease for at least 30 days or more if specified under the Lease after service upon Lender of any such notices. Lessee and Lessor agree that no modification, or termination of the Lease shall be effective without the express written consent of Lender. Notices will be provided by Lessee to Lender in accordance with the Deed of Trust recorded concurrently herewith. Notices will be provided to Lender by certified mail at the following address: American Savings Bank, Loan Service, 540 E. Main Street, Stockton, CA 95202, referencing the above Loan Number or at such otheraddress given to the undersigned by Lender, at the same time as said Notice is sent to Lessee, and Lender shall have the same right, but not the obligation, to cure any such default as would Lessee. No consent is required from the Lessor in connection with any action taken by Lender in connection with the Property, including modification, extension, foreclosure, acceptance of a deed or assignment in lieu of foreclosure or sale of Property after acquisition through foreclosure or otherwise. Lender shall be liable for performance of the terms of the Lease only during the period it holds title to the leasehold estate. Nothing herein shall restrict Lessor's right to recover Property in accordance with the terms of the Lease in the event delinquent rental payments have not been brought current. 4. Should the Lease be terminated for any reason, Lessor shall, upon written request by Lender to Lessor made within sixty (60) days after such termination, execute and deliver a new lease of the property to Lender for the remainder of the term of the Lease with the same covenants, conditions and agreements (except for any requirements which have been satisfied by Lessee prior to termination) as are contained therein as modified hereby; provided, however, that Lessor's execution and delivery of such new lease of the Premises shall be made without representation or warranty of any kind or nature whatsoever, either express or implied, Including without limitation, any representation or warranty regarding title to the Premises or the priority of such new lease. Together with the execution and delivery of such new lease of the Premises Lessor shall convey to Lender title to any improvements by quitclaim deed for the term of such new lease. Lessor's delivery of any improvements to Lender pursuant to such . new lease shall be made without representation or warranty of any kind or nature whatsoever, either express or implied; and Lender shall take any improvements "as is" in then current condition. Upon execution and delivery of such new lease, Lender, at its sole cost and expense, shall be responsible for taking such action as shall be necessary to cancel and discharge this Lease and to remove Lessee named herein and any other occupant from the Premises. Lessor's obligation to enter into such new lease of the Premises with the Lender shall be conditioned as follows (1) Lender has remedied and cured all monetary defaults hereunder and has remedied and cured or has commenced and Is diligently completing the cure of all nonmonetary defaults of Lessee susceptible to cure by any party other than by L906-3 (9/97) Page 1 of 3 .r r • Loan No.: 99183907 Order No.: 9719160 the original Lessee, (2) that if more than one holder of a Leasehold Mortgage requests such new lease, Lessor shall have no duty or obligation whatsoever to determine the relative priority of such Leasehold Mortgages, and (3) that the Lender pays all reasonable costs and expenses of Lessor including without limitation, reasonable attorneys' fees, real property transfer taxes and any escrow fees and recording charges, incurred in connection with the preparation and execution of such new lease and any conveyance relative thereto. 5. Except to the extent they are inconsistent herewith, this acknowledgment, consent and agreement shall not invalidate any provision of the lease agreement executed by Lessor and Lessee or the Deed of Trust executed or to be executed by Lessee and Lender. The terms hereof shall be binding on Lessor, and inure to the benefit of Lender and their respective successors and assigns. Lessor BY: ... e4lk ......................... BY: ............................................. Lessee Its: .............................................. STATE OF CALIFORNIA ............I................... COUNTY OF . , ORANGE ) SS. On January 16, 1998 before me, JULIE GARDNER ................................................................................................... �U16i:ii "Woods........................................................................... personally appeared , , , , , , ,,, , , , , Y .W66d............................................................................ ................................................................................................................ personally known to me (or proved to me,on the Basis of se4isfactory ev'icience) to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my had nd I seal. JULIE GARDNER COMSignature .......... Nnrs' M 0 102 Notary Pubiic I and h fate of California - ^ �•. nay JULIE GARPNIErt a COMM. 0 1022264 a Notary Public • Caldornla 0 ORANGE COUNTY My Comm Expires APRIL 10. 1999 LS07-2 (9/97) Page 2 of 3 0 STATE OF CALIFORNIA } COUNTY OF e� ass. personally appe personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name,( is re subscribed to the within instrument and acknowledged to me that h�she/they executed the same in his/her/their authorized capacity i ), and that byg/her/their signature on the instrument the, person,A or the entity upon behalf of which the person(eacted, executed the instrument. WITNESS my hand and (This area for official notarial seal) SHAUNALYN OYLER Commission1 � 164149 -� NotaryPublic- California Orange county My Comm. B#res Dec 5,2001 0 10 At% MARINERS ® ESCROW CORPORATION 1KR0 January 6;1998 City of Newport Beach City Manager's Office, Attn: Marion Re: 15232-JG q fF.IM 117n V IM1 07 1kRV>' t CtP[IV PAD . X 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post office Box $808 Newport Beach, California 92658 Phone (714) 640-6040 Fax (714) 721-8157 Please executed the lease transfer documents on the property located at 37 Beacon Bay, Newport Beach. As soon as completed, PLEASE DO NOT MAIL! 11 CALL ME FOR A MESSENGER PICKUP. We are closing on this escrow very quickly!!! SORRY FOR THIS RUSH... thanks --- We appreciate the opportunity to be of service to you in this transaction. Should you have any questions, please call us at the telephone number(s) referenced above. Mariners Escrow Corporation STATE OF CALIFORNIA COUNTY OF ORANGE On -December 10 1997 , before me, JDLIE GARDNER personally appeared KIMBERLEY WOODS personally (or proved to me on the basis of satisfactory evidence) to be the person(s) whosename(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES,, Signature (This area for attfrlal notarial seal) CALIFORNIA NOTARY ACKNOWLEDGMENT State of California } }ss. County of Orange__ On December 10, 1997 , before me, JULIE GARDNER personally appeared Kimberley Woods , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal LO JULIEOARDNER COMM. • 1022264 Notary Public . Calitomia 0ORANGE COUNTY y Comm ERQQBa APRIL1D,*9B \ i4V.==r.._... (This area for official notarial seal) 0 ', MARINERS ® ESCROW CORPORATION November 25, 1997 City of Newport Beach City Manager's Office, Attf Re: 15232-JG Please forward lease transfer check for $100.00 and certifi Thank you. referent Corporatio. Officer 190 Newport Center Drive, Suite 250 Newport Beach, California 92660 Post Office Box 8809 Newport Beach, California 92658 Phone (7141 640.6040 Pax (714) 721-8157 I MARINERS ESCROW CORPORATION GENERALACCOUNT 190 NEWPORT CENTER DR., STE. 250 NEWPORT BEACH, CA 92660 California State Bank 2101 East Boast Highway, Corona del MarAahforna 92 u'00255Ln' i:1222376A)31:o016":3026 2551 I 90-3768/1222 016 is �� MARINERS 190 Newport Center Drive, Suite 250 Newport Beach, Cohfomtn 92660 ® Poet Office Box 8808 Newport Beach, Californiaalifo92658 ESCROW CORPORATION Phone (714) 640-6040 Fax (714714) 721-8157 SALE ESCROW INSTRUCTIONS TO: Mariners Escrow Corporation Date: November 11, 1997 Escrow officer: Julie Gardner Escrow Number: 15232-JG Terms of Transaction I have deposited into Escrow the sum of $ 500.00 I have handed Seller, outside of escrow the sum of $ 45,000.00 I will Deposit, prior to close of escrow, the sum of $ 59,500.00 I will Obtain a New First Trust Deed loan in the amount of $ 420,000.00 To Complete the Total Consideration of $ 525,000.00 Buyer will hand Escrow Holder an initial deposit of $500.00 and, prior to the close of escrow, will deposit the balance of the cash down payment and any additional funds and instruments necessary to enable Escrow Holder to comply with these instructions, all of which Escrow Holder is instructed to use provided that on or before December 11, 1997, the closing date of escrow, Escrow Holder holds a(n) Owners Policy of Title Insurance with the usual title company's exceptions, with a liability of not less than $525,000.00, covering property in the County of Orange, State of California, described as follows: A Leasehold Interest in and to: Lot 37, in the City of Newport Beach, County of Orange, State of California as shown on the map filed in Book 9, Page(s) 42 and 43, of Records Surveys, in the Office of the County Recorder of said County. COMMONLY KNOWN AS: 37 Beacon Bay, Newport Beach, CA (NOT VERIFIED BY ESCROW HOLDER) SHOWING TITLE VESTED IN: Kimberly Woods, Trustee of the Beacon Trust QPRT, dated 11-12-97 SUBJECT TO: (1) General and Special County and City (if any) Taxes for the current fiscal year, nadue or delinquent, including any special levies, payments for which are included therein and collected therewith. (2) Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. (3) Covenants, Conditions and Restrictions, reservations easements for public utilities, districts, water companies, alleys and streets, rights and rights of way of record, if any; also exceptions of oil, gas, minerals and hydrocarbons, and/or lease, if any, without the right of surface entry. (4) A New Conventional First Trust Deed to record, executed by Vestee herein, securing a Note for $420,000.00 in favor of Lender of Buyer's choice, or order, bearing interest at a rate determined by the Lender, payable as required by the Lender. Buyers' execution of the loan documents shall be deemed approval of all terms and conditions contained therein. Escrow Holder is instructed to comply with all of the lender's requirements in connection with said new loan. ESCROW INSTRUCTIONS/REAL ESTATE PURCHASE CONTRACT: We, the undersigned hand you a copy of the Real Estate Purchase Contract and Receipt for Deposit dated October 36, 1997. These escrow instructions have been taken from the Real Estate Purchase Contract, hereinafter referred to as the "Agreement". Except for these escrow instructions, escrow holder is expressly deemed to not have any knowledge, actual, constructive or otherwise, of the contents of same. Escrow Holder may retain a copy of the Agreement in their file strictly as an accommodation to the principals. However, the duties of the escrow holder are strictly and solely limited to the performance of the instructions set forth below. These instructions are not intended to amend, modify, cancel or supersede the Real Estate Purchase Contract and Receipt for Deposit and any Counters/Addenda thereto. INSTRUCTIONS TO ESCROW: The following paragraphs in the Agreement shallconstitute instructions to escrow holder, and escrow holder shall have no duty nor liability with respect to all other provisions of said Agreement. In the event there is, a conflict between these escrow instructions (or amendments hereto) and the Agreement, the terms of the Agreement shall control. Continued on Page 2 ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MAD A FT HEREOF My lni4als below represent my agreement and ackt wledgma n th Seller Initials: Buyer Inifitit�c= Page 1 Mariners Escrow Corporation 0 Date: November 11, 1997 Escrow No.: 15232JG Continued from Page 1 1. PARAGRAPH 1/FINANCING: Paragraph 1.A/Loan Contingency: The financing contingency shall remain in effect until the designated loan is funded by the new lender. Paragraph 1.B/Buyer's Deposit: In the amount of $500.00. Buyer has handed Seller the sum of $45,000.00, outside of escrow. Paragraph 1.D/Balance of Downpayment: In the amount of $59,500.00. Paragraph LE/First Loan: In the amount of $420,000.00. Paragraph 1.H/Total Purchase Price: In the amount of $525,000.00. Paragraph 1.L/Loan Application;Prequalification 2. PARAGRAPH 2/ESCROW: Escrow shall close on or before December 11, 1997. 3. PARAGRAPH 3/TPTLE AND VESTING: Escrow holder is authorized to open title with Fidelity National Title. 4. PARAGRAPH 4/PRORATIONS: Escrow holder is authorized to prorate (1) Taxes and (2) Homeowner's Association Dues. Escrow holder is authorized and instructed to charge the account of Buyer with the homeowner's association transfer fee. Escrow holder is authorized and instructed to charge the account of Buyer the sum of $100.00 for the City of Newport Beach lease transfer fee. 5. PARAGRAPH 12/CONDOMINIUM/COMMON INTEREST SUBDIVISION: Escrowholder is authorized to order documents described in this paragraph and to charge the account of Seller for same. INSTRUCTIONS NOT INCLUDED IN THE AGREEMENT: 1. FIRE INSURANCE: Buyer to provide new hazard insurance, as required by Buyer's new lender, and Escrow Holder is instructed to pay first year's premium from funds deposited by buyer, at the close of escrow, unless provided with a paid -premium receipt. 2. RESIDENTIAL REPORT: Seller agrees to provide Buyer with a City of Newport Beach Residential Building Report. Escrowholder's only concern is to order said report and to charge the account of Seller for same. 3. PRELINHNARY CHANGE OF OWNERSEV REPORT Prior to the close of escrow, Grantee shall cause to be handed to Escrow Holder a fully completed and executed "Preliminary Change of Ownership Report" pursuant to the requirements and in accordance with Section 480.3 of the Revenue and Taxation Code, State of California. If Grantee so chooses, Grantee may elect not to complete and execute said form prior to the close of escrow. In such an event, Grantee is aware that a $20.00 charge will be assessed by the County Recorder's Office and Escrow Holder will charge the account of the Grantee accordingly. Said form will then be mailed directly to the Grantee after closing by the Assessor's office for completion outside of escrow. Escrow Holder's sole duty shall be the delivery of said form to the County Recorder at the time of recordation of transfer documents. 4. INCURRED EXPENSES: Buyer and Seller are aware that Mariners Escrow. Corporation may incur certain expenses during the course of processing this escrow which may be paid prior to the close of escrow. Such costs may include, but are not limited to, courier fees, overnight mail service, Homeowner's Association documents/transfer fees and City Building Reports, if applicable. Escrow Holder is authorized and instructed to release funds for payment of such costs, prior to the close of escrow, from funds deposited into escrow by Buyer. In the event Escrow Holder advances funds for certain costs described above, Escrow Holder is authorized to reimburse Escrow Holder's general account upon receipt of these signed escrow instructions from both Buyer and Seller. At close of escrow, Escrow Holder is authorized to charge the appropriate party for costs incurred, and is released from any and all liability in connection with complying with this instruction. 5. BUYER'S FINAL DEPOSIT: All conditions of this escrow will be deemed to be satisfied or waived by Buyer upon Buyer's deposit into escrow of sufficient funds to close this escrow, and Buyer's deposit of said funds shall be deemed Escrow Holder's unconditional authorization to proceed with closing this escrow. AS A MATTER OF MEMORANDUM ONLY: THE FOLLOWING IS ENTERED AS A MEMORANDUM ONLY, AT THE REQUEST OF THE PARTIES, WITH WHICH ESCROW HOLDER SHALL HAVE NO DUTY. 1. SUPPLEMENTAL TAXES: Buyer is aware that the property will be reassessed upon change of ownership and that a Seller Initials: Continued on Page 3 ADDITIONAL INSTRUCTIONSATTACHED HERETO My inidals below represent my agreement and acknc Buyer Initials: _ TO 01 Page 2 0 Mariners Escrow Corporation 0 Date: November 11, 1997 Escrow No.: 15232-JG M Continued from Page 2 supplemental tax bill will be received which may reflect an increase or decrease in property taxes based on property value. Tax bills received after close of escrow will be handled directly between Buyer and Seller. 2. MARINERS ESCROW CORPORATION, IS LICENSED BY THE STATE OF CALIFORNIA DEPARTMENT OF CORPORATIONS, LICENSE NO. 963-1009. EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS, GENERAL PROVISIONS AND INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF AND APPROVES, ACCEPTS AND AGREES TO BE BOUND THEREBY AS THROUGH SAID CONDITIONS, PROVISIONS AND INSTRUCTIONS APPEARED OVER THEIR SIGNATURES. The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. The undersigned hereby agrees to pay on demand, charges for drawing, recording and notarizing documents, charges of title company, if any, charges of lender institution, if any, and the Buyer's and/or Borrower's customary escrow fees, necessary to complete this escrow. I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS. Buyer's Signatures: Kimberly Woods, Trustee of the Beacon Trust QPRT, dated 11-12-97 By: Kimberly Woods, Trustee The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as set out herein, which you are authorized to deliver when you hold or have caused to be applied to funds set forth herein within the time as herein provided. You are authorized to pay on my behalf, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS. Seller's Signature: Glory L. Johnson - - END OF INSTRUCTIONS - - ATRUEN THE OWN& Page 3 \Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Companyhereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown orreferred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facllltating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy bf title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issuedhereunder willbe policy(s) of Fidelity National Title Insurance Company, a California corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. f.w...., `4pPPOq�rF �' SEAL ' Countersigned Fidelity Kadonal Me Company BY PmINm ATTEST 0 Fidelity National Title Company 17592 East 17th Street, Suite 200 • Tustin, CA 92780 (714) 838-0300 • FAX (714) 889-0374 PRELIMINARY REPORT ESCROW OFFICER: Dana ORDER NO.: 9719160 TITLE OFFICER: Glenn Awerkamp TO: Mariners Escrow 190 Newport Center Drive, Suite 250 Newport Beach, CA ATTN: Dana YOUR REFERENCE.: 1 2-DM SHORT TERM RATE: Yes PROPERTY ADDRESS: 37 Beacon Bay, Newport Beach, California EFFECTIVE DATE: October 29, 1997, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: American Land Title Association Residential Title Insurance Policy (6-1-87) American Land Title Association Loan Policy (10-17-92) with A.L.T.A. Form 1 Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: SEE EXHIBIT "TWO" ATTACHED HERETO AND MADE A PART HEREOF 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Glory L. Johnson, an unmarried woman 3. THE LAND REFERRED TO IN THIS,REPORT IS SITUATED CITY OF NEWPORT BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: .SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF SP\sp 11/12/97 1 • Order No. 9719160 EXHIBIT "TWO" A leasehold as created by that certain lease dated June 16, 1994, executed by City of Newport Beach, a Chartered Municipal Corporation, as lessor, and Glory L. Johnson, as lessee, as referenced in the document entitled "Memorandum of Lease", which recorded June 17, 1994, Instrument/File No. 93-0425069, of Official Records, for the term, upon and subject to all the provisions contained in said document, and in said lease. and Recorded: June 6, 1995, Instrument/File No. 95-0237552, of Official Records 2 • Order No. 9719160 EXHIBIT "ONE" Lot 37, in the City of Newport Beach, County of Orange, State of California, as shown on the map filled in Book 9, Page 42 and 43 of Records Surveys, in the office of the County Recorder of said County. Assessor's Parcel No: Leasehold 050-211-03/988-89-339 Order No. 9719160 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1997-1998, Assessor's Parcel Number Leasehold 050-211-03/988-89-339. Code Area Number: 07-001 1st Installment: $3,208.83 open 2nd Installment: $3,208.83 open Land: $391,774.00 Improvements: $249,991.00 Exemption: $7,000 Personal Property: $ 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. The effect of any failure to comply with the terms, covenants, conditions and provisions of the lease described or referred to in Schedule A. 4. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. Any rights in favor of the public which may exist on said land if said land or portions thereof are or were at any time used by the public. 6. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document Recorded: December:6, 1943, Book 1224, Page 144, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Matters contained in that certain document entitled "Lessor's Consent to Granting of a Security Interest in Lessee's Interest in Lease to Mortgage Lender and Agreementto Notify Lender of Lessee's Default Under Lease" dated May 24, 1995, executed by and between American Savings Bank, F.A. and The City of Newport Beach, recorded June 6, 1995, Instrument/File No. 95-0237553, of Official Records, which document, among other things, contains or provides for: "Leasehold interest". Reference is hereby made to said document for full particulars. ITEMS: (Continued) Order No. 9719160 B. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby u Amount: $420,000.00 Dated: May 19, 1996 Trustor: Glory L. Johnson, an unmarried woman Trustee: N.A. Mortgage Services, Inc., a California Corp. Beneficiary: American Savings Bank, F.A. Loan No.: 1950273717 Recorded: June 6, 1995, Instrument/File No. 95-0237554, of Official Records 9. A tax lien for the amount shown and any other amounts due, in favor of the United States of America, assessed by the District Director of Internal Revenue. Federal Serial No: 339527642 Taxpayer: Gloria L. Johnson Amount: $6,515.80 Recorded: May 9, 1995, Instrument/File No. 95-0198488, of Official Records 10. A tax lien for the amount shown and any other amounts due, in favor of the State of California. Amount: $11,464.32 Filed by: State of California Franchise Tax Board Taxpayer: Jerome A. Woods Certificate No.: 94277-003028 Recorded: October 12, 1994, Instrument/File No. 94-0605411, of Official Records 11. A tax lien for the amount shown and any other amounts due, in favor of the State of California. Amount: $30,767.19 Filed by: State of California Franchise Tax Board Taxpayer: Jerry Woods aka Jerome A. Woods Certificate No.: SB UT 81-010798 Recorded: April 3, 1995, Instrument/File No. 95-0139651, of Official Records 12. An abstract of judgment for the amount shown below and any other amounts due: Amount: Debtor: Creditor: Date Entered: County: Court: Case No.: Recorded: $5,437.92 Jerry Woods Aprahamian & Ducote, a professional Corporation April 9, 1996 Orange Harbor Municipal 96C0425 April 24, 1996, Instrument/File No. 96-0204109, of Official Records 6 ITEMS: (Continued) • • Order No. 9719160 13. A court order for installment payments of spousal and/or child support, to be made by: Debtor: Jerome A. Woods Creditor: Ann Marie Woods County: Orange Court: Superior Case No.: D32 27 58 Recorded: December 9, 1996, Instrument/File No. 96-0622421, of Official Records Before issuing the requested policy of title insurance, this Company will require an Acknowledgement of Satisfaction of Matured Installments in recordable form, as it applies to the Installment Judgment shown hereinabove. This Acknowledgement must conform to the provisions of Section 724.250 Code of Civil Procedure. It should be executed by the named judgment' creditor. But if the judgment provides that payments be made to a district attorney or other officer of the court, then that officer should execute the Acknowledgement of Satisfaction of Matured Installments. 14. A tax lien for the amount shown and.any other amounts due, in favor of the United States of America, assessed by the District Director of Internal Revenue. Federal Serial No: 339653483 Taxpayer: Jerome A. Woods Amount: $71,951.81 Recorded: December 18, 1996, Instrument/File No. 96-0637185, of Official Records 15. A tax lien for the amount shown and any other amounts due, in favor of the State of California. Amount: $3,172.98 Filed by: State of California Franchise Tax Board Taxpayer: Jerome A. Woods Certificate No.: 97114-000233 Recorded: May 5, 1997, Instrument/File No. 97-0206528, of Official Records 16. We find various Liens and Judgments, that are of record against persons with similar or the same name as that of our vestee(s) shown herein. In order to complete this report, this Company requires a Statement of Information to be provided for the following vestee(s), which may allow arid assist elimination of some or all of said Liens and Judgments. After review of the requested Statement(s) of Information, the Company reserves the right to add additional items or make further requirements prior to the issuance of any Policy of Title Insurance. Vestee(s): Glory Johnson and Jerry Woods 17. Your application for title insurance was placed by reference to a street address only. Based on our records, we believe that the description in this report covers the parcel that you requested. To prevent errors and to be certain that the proper parcel of land will appear on the documents and on the policy of title insurance, we require written approval of the legal description in this report be sent to this Company, signed by the parties to the transaction. END OF ITEMS n ITEMS: (Continued) Order No. 9719160 Note 1. There is located on said land a single family residence known as 37 Beacon Bay, Newport Beach, CA. Note 2. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. An inspection of said land has been ordered; upon its completion the Company reserves the right to except additional items and/or make additional requirements. Note 3. There are NO conveyances affecting said land, recorded within six (6) months of the date of the report. Note 4. The charge for a policy of title insurance, when issued through this title order, will be based on the Short Term Rate. Note 5. Wiring Instructions for Fidelity National Title Company, Orange County, California are as follows: Receiving Bank: IMPERIAL BANK 9777 WILSHIRE BLVD., 4TH FLR. BEVERLY HILLS, CA 90212 ABA ROUTING NO.: 122201444 CREDIT ACCOUNT NO.: 31-005-043 CREDIT ACCOUNT NAME: FIDELITY NATIONAL TITLE COMPANY - TRUST Order Numbers must be referenced on all wiring. These wiring instructions are for this specific transaction involving the Title Department of the Orange County office of Fidelity National Title. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Note 6. "Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire -before any funds maybe disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 7. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be $360.00. Note 8. California Revenue and Taxation Code 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1 /3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 7 EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6.1-87) EXCLUSIONS In addition to the Exclusions, you re not iheured agdhet lose, chine, ettmney'e faa., and the oxpeheas roaolling (,am: 1. Any dghl., ImamHs, a ddms of part[.. In pueeeaslon of the land not he. by the public Garde. • lend use • Improvements on the lend • land division • environmental protection TH. axdu.i.n done oat apply to violations Or the enforcoment o11Mse matters which appos In the public record. at policy done. TH, exduWn does not Mmit the wning covchage daeCrlbed In Items 12 and 13 of Covered Title Wake. 2. Tho right to take the land by condemning It, unless • e notice of exercising the right appear. in the public records on the Paley Des • the taking happened prim to the Ploy Date and is binding on you it you bought the lend without knowledge of the taking Mille Wake: Ztut ere Created, Allowed, or egrood to by you hat we known to you, but not to us, An the Policy Degloss they Apposed in the public rmords •that madt In he lot. to you other first .find your tiW after the Policy Date • this does not limit the labor and material Mon coverage In It.. S of Covered Title Pocks 4. Falum to pay vdue for your title. 6. Lick of a light: • to any lend oulaid. the see epacifically d...Ibod oral format 1. In It.. 3.1 Schedule A IX • In meoln, All" a waterwayssmash the touch your from This exclusion dons no[ limit the saws Covchege In Item 6 0l Covered Tile Wske. SCHEDULE B EXCEPTIONS In addition to the While., you we not Insured Against lose, Coats, Owners! foam, and the expenses resulting (,am: 1, Any fight., Inloroets, a, ddma of pntlo• In poaeoeslon of the land rout shown by the public r.Md.. 2. Any casement. IX Ilona not shown by the public record.. This does rot limit the lion coverage In Item g of Cowrod Title Wake. 3.Any facts about the land which a correct survey would disclose and which we not shown by the public roads. THe does rout Merit the foram! .Move Coverage In Item 12 of Covered Title tasks. 4.Any whim rights a ddms or title to water In m under the Ind, whether a not shown by the publa recurde. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters we expressly excluded from the Coverage of this policy and the Company will not pay I... At damage, mine, Attorney,'s fees m expA.. which miss by radian of:. 1. 1.) Any law, .dins-e orgovsnmantd regulation (including but mtina ted to Wilding andzOn g laws, ordinances, m regulations) res la nil, proNdtlrg a nsitting to (g the ampanoy, use, a enjoyment of the lend; lid the character, dimensions a location of my Improvement now a horoaller areetod on the land; (Ili) a sopsagon In ovynxi Or e change In the dimensions a was of the land or any sued of which the land is m was a part) a INN environmental protection, m the effect of Any violation of thee@ laws, enforcement thsoof Or e nice of a defeat, lien or encumbrame resulting from • vlddlo't m alloged violation Affecting the lend has been recorded In the publio feamde a Date of Policy. It) Any govornmantd polce power Cot excluded by Ad above, except to the extant that a rolled of the exardse thereof Or a miles of a defeat, Men a encumbrance resulting from a violation or silence violation allactiag the lend has been recorded In the pudic record. At Ode of Policy. 2. Flight. of eminent domain unlos. miles of the exercive thwhe has been recorded In the public record. at Date of Pofiay, but Cot excluding from Coverage any taking, which has Waselod prim to Date of Poll, which world be binding on the lights of a pmohasch fa value wltAcut kmwledos. 3. Ddei Ilene, mixtures ... go adverse ddma, Or Cher mmend W erased, suffered, Assumed Or agreed to by the iheaed dement; (b) not known to the comps", rout recorded in the public records a Date of Poi", burknown to the e imuad Claimant and rot disclosed In writhto the Company by the Indeed claimed prim to the date the Insured demos became an indeed undr this policy; (d rasugnn In no loss a damage to the Indeed Claims.; (d) reaching or eased subsauaC to Dae of Policy, or Id rosuldm In loss or damage which would not have been sudained if the loured tldment had paid SCHEDULE B EXCEPTIONS FROM COVERAGE TNe policy does not Insure All and loss Of damage (end the Company will not pay eons, storhey's fees of axpeheas) which site by nOman of: PART 1 1. Taxes or aasove nma which we Cot shown As existing Item by the records of any taxing authority then lavios taxes As has ... monts on rod propchly or by the pubtla records. Pruceadirge by a pubgo agonoy which may result in taxes a assessment., or nollaas of such proceedings, whtherr Or Wt.hover, by the tecads of such aganoy, a by the public accrd.. 2. Any fade, rights, Intmeam as claim. which we Cot .hwn by the public records but which Could be AscarWned by an inspection of the lend Or which may be Busted by panache in possession thaal. naagage because of the Inability or fs'lure at the Insured at any subeecuenl owner of the Indebtedness, to Comply with Ode In which the lend is altured, the insured mortgage, a ddm thereof, wNoh Maras out of mortgage end Ie based upon usury a Any Consumer Credit the we. nor Intew leased by q by reason of the oPKW.n of 3. Ephemeris, Ilene or mcumbramo., Or ddma thereof, which Coe Cot shown by the public racorde. 4. Draope .1.1, conflict. In boundary Mms, shortage In was, encroeohmente, As any other facts which a caroct aurvoy, would disclose, and which we n shown by the public lecmde. S. ter) unpinamed mining ddma; (b) freary bone or exroptiarn In further. as In Ads Authorizing this thei (a) water dghae claims or titre to watch, whsths at Cot this matters excepted under (AL (b), Of hd an. shown by the pub.'ia records. The Idlowieg matters pro r pay leas a damage, costs, tiro land; Pg the chaodar, dimon load; gig a euparatlmi In wnand which the fad Is or was a pert; n law., adinencos a government thereof at e rwties of a defect, .Ifodme the land has boon too. Ib) Any governmental police Power nod ex exadee thereof at a natice of a doled, EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10.17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE from the camellia of IN, policy and the Company will not vdue la the geld. a Interest Inured by this Polley. expenses which all,. by reason o1: 4. Unonfomoabilty of the lion of the Ireured merlgago because of the inability or faliuro of the Insured at elation (including but not limited to building and zoring lave, Data of Policy, or the Inability at fdluro of any subsequent owner of the Indobtdnose, to comply with Inking m riding to (I) the occupenoy, use, m enjoyment of applicable doing Wetness laws of the data In which the land Is situated. motion of any Improvement now er Madras wooled on the 6. Invadty or urr nforceablity of the lien of the Insured matgoge, or dim lhmeol, wNoh oriaee out of range In the dimensions . was of the lad er any pascal of the immo ation evldancod by the Indmd mortgage, and le based upon usury . any consumer uodit tonmmtd protection, a the elfod of any violation of those Protection at truth In loading taw, ens, except to the whom the a tart.. of the enlacement 6. Any statutory lien la ewvlcoa, lobar, at mdalde Ire the term of priority of any statutory, Pon fa ammblenoe resulting from a vlddlon a alleged vlddlon vavloe,, labor a matdete ova the Pon of thelnsurd reongegal aisle, from animpow.amnt. work not known to the Campeny, not regarded It Insured dement and not diadoed In writing a the Insured claimant bodan. an Insured um rasuiling In me loss err damage to the Insured attaching a ..glad mbeequem to Dde of P romllhg In lose m damage which would not V 1.) above, except to the silent that a notice of the financed In whole a in pat by pr..do of the Indabtdnosc severed by the Insured mortgage which encumbrance resulting from a violation, a alleged M pal reoorda at Date al Pricy. d Ddo of Polley the Instnd has edv... d a Is abligatd to advance. 7. Any dim which al Out of the uaneecgon dealing the Interest of the mortgagee Insured by this raise thereof has been rocardod In the pubIlo towards policy, by tenon of the operation of ladder bankruptcy, date indvencyr . slmPa crodltcre rights any taking which he occurred pd. to Date al Policy new for value without knowledge. laws, that I. based on: Ili the transaction darting the intend of the Imemod mortgagee bring doomed a fraudulent conveyance other matters: r inured ddmenU m fraudulent transfer; a Ili) the aub.dindon of the inland of the Insurer mortgagee as a result of the application of the the public mead$ d Data of Poliay, but known to a the Company by the su Insured element prim to the doctrine of equitable wbddination; a Pit the transaction creating the interest of the Insured mortgage being doomed a profaantid ueMa v IN. policy; except wham the preferential h.n.for remits from the failure: Idment; dal to timely record the Instrument of transfer; a (n of such mcardation to Impart notice to a purchea 1ots value at a judgement a Pan creditor. lay, m rave been uddned 11 the Insured claimant had paid AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) SCHEDULE OF EXCLUSIONS FROM COVERAGE The fallowing matters we expressly excluded from the coverage of the Policy and the Company will not pay lose at damage, colts, Murray's fee, m expanses wNoh Miss by town of: 1. Ill Any law, ordinance err governmental rogulogon (including but notlimited to building and zodng law., .dinancea, or mguldlone) rasuidng, proNblting Of rdetieg to fit the occupancy, user a on(oyment of the land; Pit the character, dimensions at location of any Improvement now or horaelter reacted on the land; OP) a soperation In owneveNp a e change In the dimensions a wee of the lend at any pact of which the fend Is m we a pat; m Pvt environmental Womationr ev the offset of any violation of these law., ordinances at gamma. .1 regulation., except to the edert the a notice of the enforcement thereof a a nonce of a defect, Pen a onmmbrance resulting from a violation a dlogd vidaton affecting the land hn boon retarded In lad public reaads at Data of Pogoy. (b) Any govanmantel police power not excluded by (a) above, oxcar d to the extent that a notice of the exercise mental or a notice of a dead, Ilan a eectmbrenu recoiling from s violation a alleged violation affecting the land has boon recorded In the public recorder. Dde of Poliay. 2. flight. of eminent domain urine notice of the exadee thereof has been meordod In the publia, racmds of Data of Policy, but not excluding from coverage any taking which how occurred pier to Date of Ploy which would be binding on the rights of a purchase, for value without knowledge. g. Defeat,, Ilona, mmumbreno.., edvase dime, m Other mradd Id -rated. sullmad. emard m eared to by the insured ddmem; (b) not known to the Company, not recorded In the public records d Dale of Policy, but known to the insured dement and not died..d In WhIng to the Company by the Ineured'ddmant pia to the data the Inured claimant became an Insured under this policy; (d r..Idng In no letter damage to the inured claimant; (d) attaching ar dented subeopuant to Data of Polley, a to) rodAting In lots at damage which would not have been sustained It the Insured ddmem hot paid value la the aerate. Insured by IN. pdiay. 4. Any claim which den out of the Permeation swing in the Indeed the elder as IntaM Inured by the pdiay, by ..an of the apordon of fderal bankruptcy, date Indvenw, err dmga dedima' tights levee, that Is bed on: tit Iha transaction coating the edam . Interest insured by this pogay being doomed a fraudulent conveyance. fraudulent trended m (it) the transaction dedng the Mole a imared Insured by this posy being doomed a prafera r id transfer except while the prderedd tr.Md result. from the fa'lwo: ter) to timely record the iMrumod a transfer; a (b) of each recordation to Import notice to a purchaser fa value a a judgement a lion creditor. Th. drove he above Exclusions (prom Coverage tres he Exebe options fred to om Coverage In a Standard ord sither Standard Cova.ge��wdy Coverage. o i�a•he iengornngg Doneral Exception: SCHEDULES EXCEPTIONS FROM COVERAGE The policy door not Insure against Ices a damage (and the Company win not pay coed, charmer, face. expense) which also by reason of: PART 1 1. Texas tags ar assess ant. n (not shown as by the liens by the records ee any by a authority that 3. (h. ormoc, Ilan n e.ancin brans, fl dolma rta e I which pro not shown by the public er fact. s. osiers may ro essoesm es an red property a by the punier .do.me ding, whet r a nuttier agency 4. a deer uri y would s in boundary tine, No net in ores, y the p hmenir, a any orbs fact. which which may vault In taxes a assessment., a noti.n Of truth procedrr,q whether a not aMwn by a caret uwoy wring dodoes, eat which .n not drown by the parent read.. the rac.ds of such eganey a by the pubPe mee ds. 6. del Unpel.md miring dims; 161 reaervatlonc a exaeptloce in patent. a In Ads ulhoriad the 2. Any set., tight., en Inspection ofdl t # which NO not drawn which may be Muthe tt by p.e�in but don �ehe a%Ib a el selc)w d by Bhe , dai em gate to wda, whether . not tad matters sxaptd udor 1 • I • POR. SEG..357 T65R/OW. so_21 � �.Es wir ltrlm roe on�ll uln 42 43 k HARBOR } � ISLAND /CRYS/OE pq/ «.: 0 iu• h d W le d a ® ® ` ` m b 1 IS Y W ® 3 N N 14 A < N i 0 13 © 17 210 ♦ L YANK ; tor H 211 e w voe s.Aetn ke12 9 It, O7 O 9O 1� II I 2 LOT '/` — u 02 03 I- • IArll t E AS ICNA M Mffo HAY MARCH /949 WrOAV OF SURt£Y 9-It IJ t A1r x,f Ai1P'i.(1Y m arAcoNBAY Iwr�o --—DNF--- ILL 07 08 1' NOTE - ASSESSOR'S BLOCK B ASSESSOR'S MAP PARCEL NUMBERS BOOK 50 PAGE t/ O SHOWN /N CIRCLES COUNTY OF ORANGE CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER JULY 159 1994 TO: FINANCE DEPARTMENT FROM: ASSISTANT CITY MANAGER SUBJECT: SALE OF 37 BEACON BAY Subject property (37 Beacon Bay) was sold on June 16, 1994. The new owner is Glory L. Johnson, and the new monthly rental is $1,250.42. Thanks, Marion/for Kenneth J. Delino ELI* 0 MARINERS f(M) ESCROW CORPORATION City of Newport Beach 3200 Newport Blvd. Newport Beach, CA 92660 Attn: Ken Delinc/mQ(�Qn,{1 Dear Mr. Delino: East Mezzanine, Four Corporate Plaza Newport Beach, California 92660 Poet OMcc Box 8808 Newport Beach, California 92658 Phone (714) 640-6040 Fax (714) 721.8157 Date: June 3, 1994 Escrow No. 10223DM Subject Property Address: 37 Beacon Bay Newport Beach, CA 92660 Re: Beacon Bay HOA In connection with the above numbered escrow, the following items are herewith enclosed: Executed Lease, please have signed Memorandum of Lease, please have signed. Termination of Lease, please have signed. PLEASE 0(5NTACT OUR OFFICE WHEN THE ABOVE DOCUMENTS ARE READY FOR PICKUP. ficer 0 0 1 Dana McNeill Escrow Officer Mariners Escrow Corporation P. O. Box 8808 Newport Beach, CA 92658 CITY OF NEWPORT BEACH Office of City Manager (714) 644-3002 June 7, 1994 Subject: 37 Beacon Bay, Newport Beach, CA Escrow No. 10223DM Dear Dana: Enclosed you will find two original Leases, one Termination of Lease, and one Memorandum of Lease . Please have all documents signed and the Memorandum of Lease and Termination of Lease need to be notarized. Return all documents to the City for signatures. If you have any questions, please give me a call. Sincerely, Marion Brockman for Ken Delino Assistant City Manager mb enclosures City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659-1768 R DATE TIME wuii G YAII PHONE NO. -ZJ 0,- v a � I EXT. TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT MESSAGE o� a E w / CITY OF NEINOXORT BEACH PAYMENT AUTHORIZATION Demand Of. COUNTY CLERK -RECORDER Address: P.O. BOX 238 Santa Ana, CA 92702 • Date: May 1, 1995 Amount: $10.00 Item of Expenditure Invoice No. Budget No. Amount Recordina Fee for Memorandum f Lease for Lot 37 Beacon B 10 for one page. 0320 8080 10.00 TOTAL $10.00 Description/Special Instructions: DO NOT MAIL. PLEASE GIVE CHECK TO MARION SEE ATTACHED CHECK IN THE AMOUNT OF $8.00 Prepared By. Mari n Brock man _ Department Approval: _ Acctg Mgr. Approval: Finance Mr. Approval: Date: 5-1-95 Date: \l Date: Date: CITY �DF-N EWPORIV EACH 219260 )RGANIZATION ACCOUNT PURCHASE ORDER INVOICE NUMBER AMOUNT DESCRIPTION 0320 Soso 8.00 MEMORANDUM OF LEASE i �6855 COUNTY RECORDER'S OFFICE PLEASE DETACH THIS STATEMENT THIS CHECK IS TENDERED IN BEFORE DEPOSITING CHECK PAYMENT OF ITEMS LISTED i6-IM c �Ew�R ., CITY OF NEWPORT BEACH NEWPORT BEACH BRANCH 4023 21926 g 1220 o- CITY NATIONAL BANK I 1 i 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA CHECK 219260 �� NEWPORT BEACH, CALIFORNIA 92663 (714)644-3117 DATE 04/14/95 AMOUNT *********8.00** VOID AFTER 90 DAYS PAY EIGHT DOLLARS 6 ZERO CENTS -O THE )RIDER )F COUNTY RECORDER'S OFFICE 630 N. BROADWAY M101 SANTA ANA CA 92702 II' 2 19 2601I' is 1 2 20 1606Gr 0 23",6968,3•Su'. J . 4 CITY OF NEVAORT BEACH PAYMENT AUTHORIZATION Demand or. COUNTY RECORDER'S OFFICE Address: 630 N. Broadway ,RRoom 101 Santa Ana, CA 92702 Date: April 10. 1995 Amount. $8.00 Item of Expenditure Invoice No. Budget No. Amount Recording Fee for Memorandum ofLe for Lot 37 Beacon Bay for one page.-32 TOTAL Description/Speclal Instructions: DO NOT MAIL PLEASE GIVE CHECK TO MARION Prepared By. Department Approval: Acctg Mgr. Approval: Finance Dir. Approval: � N\` ,-�_ �I Date: 4-10-95 Date. 4 `(U ` Date: Date: i FOR LE YOU WERE OUT PHONE NO.62 I0y, / E /o (/L!— 7 7ov ZU TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT M E56AGE /� III asn.�a- 3UN-06-1994 16:06 FROM GpORGE H. .TONES INC. TO 6443020 P.03 SUML4RX OF SALIENT FACTS AND CONCLUSIONS - continued F �6lru iv SUMMARY OF VALUE MICATIONS: Existing (Istveu) Unencumbered Pair Market Contract Effective Lot No. Pee Lot Value Rental Value Rent Net Rent Water Front Lots A $1,330,000 $48,520 $23,125.09 $31,940.00 S $1,200,000 $43,320 $12,506,85 $22,270.00 C $1,031,000 $37,560 $16,625.04 $22,480.00 1 $947,000 $34,200 $8,020.80 $15,030.00 2 $1,131,000 $41,640 $8,825.40 $17,950.00 3 $1,263,000 $46,920 $24,250.08 $31,560.00* 4 $1,318,000 $49420 $10,458.96 $21,260.00 5 $1,341,000 $50,120 $20,012.04 $29,840.00 6 $1,3$6,WO $51,680 $25,000.00 $34,260.00 7 $1,210,000 $44,800 $24,999.96 $31,870.00 8 $1,177,000 $43,480 $43,750.00 $43,480,00 9 $1,298,000 $47,940 $42,500.04 $44,350.00 10 $1,342,000 $49,600 $24,999.96 $33,540.00 11 $1,122,000 $41,280 $9,020.52 $17,020,00 12 $1,100,000 $40,400 $14,250.00 $22,190.00 13 $1,100,000 $40,400 $23,625.00 $29,450.00 14 $1,243,000 $45,640 $10,312.56 $19,690.00 15 $1,265,000 $46,520 $10,836.47 $20,240.00 16 $1,067,000 $39,080 %508.48 $16,480.00 17 $1,067,000 $39,080 $16,250.04 $21,750.00 18 $1,067,000 $39,080 $8,508.48 $16,480.00 19 $1,243,000 $45,640 $10,020.02 $19,500.00 20 $1,147,000 $42,320 $8,727.84 $17,910.00 21 $I,058,000 $38,760 $20,224.50 $26,660.00 22 $1,036,000 $37,880 $41,250.00 $37,880.00 Ga Es 1 $1,037,000 $37,880 $28.749.96 $31,920.00 r,3 ES 2 $1,037,000 $37,880 $24,625.00 $29,220.00 Subtotals: $31,563,000 $1,160,640 $519,983.08 $705,220.00 evetZ� 7 y c cn CZS ME 5UN-06-1994 16:06 FROM GORGE H. JONE5 INC. TO . 6443020 P.04 SU vIARY OF SA,LMNI' FACE'S AND CONCLUSIONS - continued Existing (Istyear) IinencumbeW Fair Market Contract Effective Lot No. Fee Lot Value Rental Value Rent Net pent Interior Lots 23 $478,000 $14,487 $2,782.32 $6,297.00 24 $501,000 $15,237 $6,125.04 $8,897.00 25 $509,000 $15,537 $3,399.12 $6,977.00 26 $511,000 $15,612 $3,417.72 $6,942.00 27 $5191000 $15,912 $3,436.44 $7,102.00 28 $542,000 $16,775 $4,137.72 $7,785.00 29 $518,000 $15,650 $15,375.00 $15,470.00 30 $510,000 $15,462 $3,SSI.16 $7,102.00 31 $517,000 $15,725 $8,750.00 $10,S15.00 32 $520,000 $15,837 $3,588,48 $7,217.00 33 $528,000 $16,137 $3,607.08 $7,307.00 34 $5891000 $18,200 $4,454.64 $8,490.00 3S $559,000 $17,000 $3,776.28 $7,780.00 36 $548,000 $16,662 $3,795.00 $7,672.00 37 $S17,000 $15,725 $14,625.00 escrow $15,005.00 escrow ctoSes $520,000 $15,837 $3,780.36 $7,967.00 39 $S28,000 $16,137 $9,12S.04 $11,SS7.00 40 $588,000 $18,162 $11,133.60 $13,572.00 41 $513,000 $1S,S00 $3,719.64 $7,300.00 42 $548,000 $16,662 $3,795.00 $7,672.00 43 $556,000 / $160962 $11,250.00 $13,232,00 44 $558,000 ( $17,037 $3,832.20 $7,787,00 45 $565,000 $17,300 $4,056.84 $7,990.00 46 $588,000 $18,162 $4,4S4.64 $8,492.00 47 $539,000 $16,475 $3,459.36 $7,365.00 48 $S51,000 $16,775 $6,249.96 $9,305.00 49 $520,000 $15,837 $3,551.16 $7,197.00 SO $523,000 $15,950 $3,569.76 $7,240.00 S1 $5201000 $15,837 $3,780.36 $7,857,00 52 $528,000 $16,137 $12,750.00 $13,927.00 53 $588,000 $18,162 $4,479.00 $8,492.00 54 $5301000 $15,987 $3,344.88 $7,227,00 55 $559,000 $17,075 $10,625.04 $12,805.00 56 $567,000 $27,375 $3,603.96 $7,915.00 57 $546,000 $16,737 $3,551.16 $7,427.00 58 $528,000 $16,137 $6,750.00 $10,007.00 59 $525,000 $16,025 $10,125.00 $12,175.00 60 $533,000 $16,325 $3,533.88 $7,315.00 -5- JUN-06-1994 16:06 FROMORGE H. JONES INC. TO 6443020 P.05 SUMMARY OF SALIENT FACTS .AND CONCLUSIONS - continued Existing (Istyear) Unencumbered Fair Market Contract Effective Lot No. Fee Lot Value Rental Value pent Net Rent Interior Lots . continued 61 $588,000 $18,162 $4,436.16 $8,482.00 RS 3 $474,000 $14,225 $8,750.04 $10,325.00 ES 4 $467,000 $13,962 $3,021.96 $6,322.00 ES 5 $470,000 $14,075 $10,000.08 $11,415.00 ES 6 $468,000 $14,000 $2,982.96 $6,310.00 ES 7 $461,000 $13,737 $2,966.04 $6,057.00 ES 8 $471,000 $13,925 $3,118.08 $6,45$.00 Subtotallnt.: $23,786,000 $724,637 $254,617.16 $397,807.00 Subtotal W.F.: $31,563,WO $14601640 $519,983.08 $705,220.00 Grand7otals: $55,349,000 $1,885,277 $774,600.24 $1,103,027.00 rf CO, situated parcels most recently transferred. Exempt transfers, as defined in Paragraph 3.B(3), shall not be used to calculate Average Actual Sales Value rent. (3) "CPI" shall mean the Consumer Price Index - Los Angeles -Anaheim -Riverside Area, All Urban Consumers, All Items, published by the United States Department of Labor, Bureau of Labor Statistics (1982-1984=100). If the 1982-1984 base of said Consumer Price Index should hereafter be changed, then the new base shall be converted to the 1982-1984 base and the base as so converted shall be used. In the event that the Consumer Price Index, as now compiled and published, shall cease to be published, then the successor Index shall be used provided that an appropriate conversion from the old index to the new Index can feasibly be made. If such conversion cannot be made, or If no such index is published, then another index most nearly comparable thereto recognized as authoritative shall be substituted by agreement. (4) "Current Lessee" shall mean the person or persons who, as of April 1, 1994 (the "Cut-off Date"), was or were the Lessee under the Pre-existing Lease. (5) "Deterred Rent shall mean the total rent that a Current Lessee would have paid had this Lease been executed on the Effective Date, through and including the date on which this Lease was first executed, less the rent actually paid pursuant to the Pre-existing Lease, together with interest at the rate of eight percent (8%) per annum calculated on the balance due at the end of each Lease Year or portion thereof. (6) "Effective Date" shall mean July 1, 1994. (7) "Execution Date" shall mean the date when this Lease is executed by Lessee. (8) "Initial Rent" shall mean the effective net rent for the Leased Land as determined by the appraisal of George Hamilton Jones, with due consideration to the leasehold advantage created by the Pre-existing Lease, all as shown on Exhibit C attached hereto and incorporated herein by reference. (9) "Person" shall mean any natural person or natural person(s) and does not Include any corporation, association, or business entity in any form except a financial Institution or other bona fide lender acting in the capacity of a lender or an inter vivos or living trust. (10) "Pre-existing Lease" shall mean the Lease for the Leased Land which was effective on January 1, 1988, and would, absent this Lease, expire on July 1, 2006. r; (11) "Transferred" shall mean any sale, assignment, sublease or other transaction, other than an exempt transfer as defined in Paragraph 3.B(3), pursuant to which the right to possession of the premises and the right to sign a new lease identical to this Lease is transferred to another person. B. Rental Payments. Lessee shall pay annual rent in the sum of tvir-Ter f.76asAHb a V/ve ($1,5"- payable at the rate ofaaeovsnN)1wm�iPrD+> i�r'%($ /, �Srl. !<7) Per month. Lessee shall also pay, if applicable, deferred rent in the sum of • A/� 4 ($ ) upon execution of this Lease. RentdWhall not (circl one) be adjusted every seven (7) years after the date of transfer in accordance with the provisions of Paragraph 3.B(4). Annual rent, deferred rent, and periodic adjustments are based upon the following: Net-187371.V2 `j 05/24/94 (1) Execution Before Effective Date. In the event this Lease Is executed by the Lessee on or before the Effective Date, Rent shall be paid as follows: (a) Current Lessee: Current Lessee shall pay annual rent equal to Initial Rent as specified in Exhibit C. Thereafter, so long as.there has been no.transfer of this Lease by the Current Lessee (other than an exempt transfer as set forth in Paragraph 3.B(3), rent shall remain as specified in this subparagraph notwithstanding the provisions of Paragraph 3,13(4). (b) In the event of any transfer of this Lease to a Subsequent Lessee, the Subsequent Lessee shall pay annual rent equal to two and one-half percent (21/s%) of the Actual Sales Value determined as of the date of the transfer in accordance with the provisions of paragraph 3.A(1). Thereafter, rent shall be adjusted every seven years after the date of the transfer In accordance with the provisions of paragraph 3.B(4). (c) In the event of any transfer of this Lease to a Subsequent Lessee in a transaction other than an arm's length assignment of this Lease, and sale of the improvements on the Leased Land, if any, such as a gift or transfer by inheritance other than an exempt transfer under Paragraph 3.B(3), the Subsequent Lessee shall pay annual rent equal to the Average Actual Sales Value Rent calculated as of the date of the transfer in accordance with the provisions of Paragraph 3.A(2). (2) Execution After the Effective Date. In the event this Lease Is first executed after the Effective Date, rent shall be determined and paid as follows: (a) Current Lessee/Within Five Years After Effective Date: In the event this Lease is executed by the Current Lessee within five (5) years after the Effective Date, the Current Lessee shall pay annual rent equal to Initial Rent plus a sum calculated by multiplying the difference between Initial Rent and Average Actual Sales Value Rent by a fraction equal to the number of months between the Effective Date and Execution Date, divided by sixty. The Current Lessee shall also pay all Deferred -Rent concurrent with the execution of this Lease. Thereafter, so long as there has been no transfer of this Lease by the Current Lessee, rent shall remain as specified In this subparagraph, notwithstanding the provisions of Paragraph 3:B(4). (b) Current Lessee/More Than. Five Years After Effective Date: in the event this Lease Is executed by the Current Lessee more than five (5) years after* the Effective Date, the Current Lessee shall pay annual rent equal to Average Actual Sales Value Rent calculated as of the date of execution 1n accordance with the provisions of Paragraph 3.A(2). The Current Lessee shall also pay all Deferred Rent concurrent with the execution of this Lease. Thereafter, rent shall be adjusted every seven (7) years after the date of execution in accordance with the provisions of Paragraph 3.B(4). (c) Subsequent Lessee: In the event the Current Lessee transfers the Pre- existing Lease to a Subsequent Lessee who wishes to sign this Lease after the Cut- N01-107371.V2 4 05/24/94 .. • 0 A& MARINERS flwDl ESCROW CORPORATION Dana McNeill Escrow Officer Initial Deposit Balance of Cash Downpayment Encumbrance of Record New Encumbrance Total Consideration East Mezzanine, Four Corporate Plaza Newport Beach, California 92660 Post office Box 8808 Newport Beach, California 92658 Phone (714) 640-6040 Faz (714) 721-8157 10223DM Escrow Number June 1, 1994 Date $ 5,000.00 $ 35,000.00 $ 337,636.00 $ 147,364.00 S $ 525,000.00 Buyer will hand escrow holder an initial deposit of $5,000.00 and, prior to the close of escrow, will deposit the balance of the cash down payment and any theseadditional tfunds and instruments necessary to enable escrow holder to comply with all of which escrow holder is instructed to use provided that on or before July 1, 1994, the closing date of escrow, escrowholder holds a policy of title insurance with the usual title company's exceptions, with a liability of $525,000.00 covering: A Leasehold Estate in and to: Lot 37, in the City of Newport Beach, County of Orange, State of California, as shown on the Map filed in Book 9 Pages 42 and 43 of Record of Surveys, in the office of the county recorder, County of orange, State of California. Property Address: 37 Beacon Bay, Newport Beach, CA 92660 Showing Title Vested in: Glory L. Johnson. Exact vesting through further instructions to be placed in escrow. Free from encumbrances except: (1) General and special county and city taxes, not delinquent, if any together with special district levies, if any, included and collected with tax bill. (2) Covenants, conditions, restrictions, reservations, rights, rights of way, easements and exceptions of minerals, oils, gas, water, carbons and hydrocarbons on or under said land, now of record, and in deed to file, if any, affecting the use of said property. (3) An existing First Trust Deed of record securing a Note with an approximate unpaid principal balance of $337,636.00 in favor of The Dinsmore Trust, payable in monthly principal and interest installments of $3,074.54 per month, p er exact rms and conditions to be placed in escrow through beneficiary statement to be obtained through the lender. (4) A Second Trust Deed to file to secure a Note in the principal amount of $147,364.00, executed by buyer in favor of seller, as their interest appears of record, dated during escrow, interest to be endorsed from the date of close of escrow, Continued on Page 2 INITIALS: 1 SELLER'S INITIALS 6 0 ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS i.Your duty to act as escrow holder does not commence until these Instructions, signed by all parties, are received by you. Until such time either party may unilaterally cancel and upon written regyest delivered to you, the party may withdraw funds and documents he previously handed to you. 2.AII funds received in this escrow shall be do called with a Stale or National bank with other escrow funds. Make disbursements by your check, checks not presented for payment within six months after date are subject to service charges in accordance with your ache dula in effect from time to time. Make all adjustments and proratings on the basis of a 30 day month. "Close of Escrow" Is the day Instruments are recorded. All documents and funds due the respective parties herein are to be malled to the addresses set out below their respective signatures, unless otherwise instructed. Our all natures on any documents and Instructions pertaining to the escrow indicate our unconditional approval of some. Whenever provision is made herein for the payment of any sum, the delivery of any instrument or the performance of any act "outside of escrow;' you as escrow holder shall have no responsibility therefor, shall not be concerned therewith and are specifically relieved of any obligation relative thereto. 3.You shall not be tea onslble or liable In any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any documents ,posited in escrow, nor as to the Identity, authorltyy or rigghts of any person executingthe same, either as to documents of record or those handled In this escrow. Your duties hereunder shall be Ilmlted to the safekeeping of suh money and documents received by you as escrow holder and for the disposition of the same In accordance with the written Instructions accepted by you in this escrow. You shall not be required to take any action in connectioq with the collection maturity or apparent•outlaw of any obligations deposited In this escrow, unless otherwise Instructed. 4.Seller guarentoes' and you shell be fully protected in assuming, that as to any insurance policy handed ycu each policy Is In force, has not been hypothecated, and that all necessary premiums therefor have been ppaid, You wilt transmit for assignment anyy Insurance policy handed ESC yPouyfor use In this escrow, but you shall not be re onslble for verifying the ac��p�ence of the assignment and policy by the Insurance tom• loss PAnNY gYgou a�e hyye�rebDpla ed onynotice tOhat If Ehelnafu0rance �ompenRshoulid fa I toHBcelEve se dT soRgnmenGNh EssuBng companylmay dony OF or 0 for an MENT suffered POLICY IT Y THE I98UINa tCOfHf'ANYE INSURED OR HiS REPRESENTATIVETO VERIFY THE ACCEFiANCE 5.Dellver assurance of title, and Insurance policies, if any, to holder of senior encumbrance or his order, or If there be no encumbrances, then to the buyer or his order. 6.11 the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any extension thereof you are nevertheless to complete the escrow as soon as the conditions, except as to time, have been compiled with unless written demand shall have been made upon you not to complete It. Following receipt of such written demand not to complete the escrow, you are to promptly mail a copy of said demand to the other party. or OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW UNLESS GIVEN IN WRITING BY ALL e event conflicting demends or notices are made, or served upon you or any controversy arises between in growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all cote of, this escrow, until you receive written notification satisfactory to you of the settlement of the flea thereto, or by final Judgment of a court of competent Jurladiclion. All of the parties to this escrow and agree to pay promptly on demand as well as to Indemnify you and to hold you harmless Irofn and r costs, damages, Judgments, attarney's fees, expenses, abllgallons and Ilebilitles of every kind which, In connection with or arising out of this escrow, whether sold litigation, interpleader, obitgeIIons, ilabliltl0 nonce of this escrow, or subsequent thereto, directly or Indirectly. 8.You are hereby authorized to deposit any funds ordocuments handed you underthese escrow Instructions, orcause the same to be deposited with any duly authorized aub•escrow agent subject to your -order at or prior to close of escrow, In the event such deposit shall be necessary or convenient for the consummation of this escrow. 9. All parties agree that as far as your rights and liabilities are Involved, this transaction Is an escrow and not any other legal relation and you are an escrow holder only on the within expressed terms, and you shall have no responsibility of notifying me or any of the parties to this escrow of any sale, resale, loan, exchange, or other transaction Involving any property herein described or of any profit realized by any person firm or corporation (broker, agent and parties to this and/or an other escrow Included) In connection therewith, regardless of the fact tha4 such transactlon(s) may be handled by you in this escrow or n another escrow. 10,You are not to be concerned with the givin of any disclosures regired by Federal or State law, specifically but not exclusively, RESPA (Real Estate Settlement Procedures Act), Regulation Z (rtuth in Landing disclosures) or other warnings, or any warranties, express or implied. Neither are you to be concerned with the effect of zoning ordinances, land division regulations, or building restrictions which may pertain to or affect the land or Improvements that are the subject of this escrow. 11. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow Is not In violation of the Subdivision Map Act or any other law regulating land divison, and you as escrow holder are relieved of all responsibility and/or liability In connection therewith and are not to be concerned with the enforcement of sold laws. 12.In the event any Offer to Purchase, Deposit Receipt or any other form of Purchase Agreement Is deposited In this escrow, it is understood that such document shall be effective only as between the parties signingg said document. You as escrow holder are not to be concerned with the terms of such document and are relleved of all responsibility and/or liability for the enforcement of such terms and your only duty being to comply with the instructions set, out in this escrow. In connection with any loan transaction involving an FHA, or VA loan, you are authorized to deliver a copy -of any such document to FHA, VA or lender as the case may be. 13.Time Is of the essence of these escrow Instructions. 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. 14. if a party to this or or to the proceeds of this expenses or other r to be paid to other than the original parties to this escrow ins of record on the subject property and payments directed r would be to leave the escrow without sufficient funds to or orders only out of the net proceeds due except for such or orders are received by you. You are to furnish a copyy of currents deposited In this escrow to the lender or IondI ra of such lenders or brokers. In the event of an assignment of any or all of the parties hereto, you -shall retain the right aid assigned or transferred funds, properties or rights, said 15.These instructions may be executed In counterparts, each of which shall be deemed an original regardless of the date of Its execution and dellvery. All such counterparts together shall constitute one and the same document. 16.The parties to these escrow instructions authorize you to destroy these Instructions and all other Instructions and records In this escrow at any time after five (5) years from the close of escrow. n r , I'� MARINERS ESCROW CORPORATION MARINERS ESCROW CORPORATION Dana McNeill Escrow Officer Continued from Page 1 rest Mezzmune, Pour Corporate Plaza Newport Beach, Californa 92660 Pout Office Box 8808 Newport Beach, California 92658 Phone (714) 640-6040 Pax (714) 721-8157 10223DM Escrow Number June 1, 1994 Date including interest at the rate of 8% perlannum, payable in interest only monthly installments of $982.43 OR MORE, commencing 30 days from the date of close of escrow, and Note to continue monthly thereafter for a term of nine (9) months from the date of close of escrow, at which time the principal balance and accrued interest shall become due and payable in full. Note to contain the following provisions: "Should the trustor or his successors in interest, without the consent in writing of the beneficiary, sell, transfer or convey, or permit to be sold, transferred or conveyed, his interest in the property, or any part thereof, then beneficiary may, at his option, declare all sums secured hereby immediately due and payable." "If any installment payment due hereunder this Note agrees to pay the sum equal to as a late charge for said delinquency." is delinquent 10 or more days, the Maker of 6% of the monthly interest only installment "This Note is subject to S2966 of the Civil Code, which provides that the holder of this Note shall give written notice to the Trustor, or his successor in interest of prescribed information at least 60 and not more than 150 days before any balloon payment is due." Escrowholder is hereby authorized and instructed to prepare and record a Request for Notice of Default on Item 3 for the benefit of the seller. Escrowholder is hereby authorized and instructed to insert the payment and due dates in Note over signatures to comply with dates as determined at close of escrow by escrowholder, without further approval, and in accordance with escrow instructions. Escrowholder is authorized and instructed to provide title insurance coverage in the form of a joint protection policy insuring seller's deed of trust interest in subject property. Escrowholder is authorized and instructed to adjust any difference in the principal balance of the existing first trust deed in the purchase money second deed of trust as of the date of close of escrow. INSTRUCTIONS TO ESCROW: DELIVER ESCROW INSTRUCTIONS: Escrow Instructions shall be signed by Buyer and Seller and delivered to Mariners Escrow Corporation, the designated escrowholder, within 3 calendar days from above date. Buyer and Seller hereby jointly instruct escrowholder and broker that Buyer's Continued on Page 3 INITIALS: BUYER'S INITIALS N SELLER'S INITIALS Ad'► MARINERS 4 ESCROW CORPORATION MARINERS ESCROW Dana McNeill Escrow officer Continued from Page 2 Cast Muzzauiuc. Four Corp"- Newporl Beach. Callformn ox 8Posi orriceB9658Newport Beach. Ca6foma 8Phonc f7141 640-6040 Fax (714) 721-157 10223DM Escrow Number June 1, 1994 Date deposit placed into escrow will be held as algood faith deposit towards the completion of this transaction. Release of Buyer's funds will require mutual signed release instructions from both Buyer and Seller, judicial decision, or arbitration award. Escrow shall close on/or before July 1, 1994. Seller and Buyer herein agree to pay one-half the escrow fees incurred through the above captioned escrow. The closing of this escrow is contingent upon buyer assuming the existing first trust deed in favor of The Dinsmore Trust per beneficiary statement to be placed in escrow by lender. Buyer shall submit to lender a completed written loan application and submit a check for $51.00 per a credit check on or before June 6, 1994 (within 5 calendar days after acceptance of the offer). PRELIMINARY TITLE REPORT: This escrow is contingent upon Buyer's approval of an up-to-date preliminary title report, issued by United Title Company, within 5 calendar days of receipt of same by Buyer. Failure to notify escrowholder of disapproval in writing within the time limit specified herein shall be deemed to be Buyer's full approval of the condition of title. BEACON BAY LAND LEASE: The closing of this escrow is contingent upon buyer's approval of the Beacon Bay Land Lease, to be provided to buyer, for buyer's approval, within 5 days of opening of escrow (June 6, 1994). Buyer to approve or disapprove said Land Lease within 5 days from receipt of same. Failure to notify escrowholder of disapproval within the time limit specified herein shall be deemed to be full approval of the lease by buyer. Buyer is aware that the existing land lease payment is $1,218.75 per month, per the existing lease. INSPECTIONS: Buyer shall have the right, at Buyer's expense, to select an Independent Third Party Inspectio(s), to make "Inspections" (including tests, surveys and other studies) of the Property, including but not limited to structural, plumbing, sewer/septic, well, heating, air conditioning, electrical and mechanical systems, built-in appliances, roof, soil, foundation, pool/spa and related equipment, possible environmental hazards (such as asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, hazardous waste, and other substances, materials or products), geologic conditions, location of property lines, size/square footage of the real property and improvements and water/utility use restrictions. Buyer shall, on or before June 13, 1994 (within 14 calendar days from date of acceptance) complete the Geological Inspection and shall notify Seller in writing of any item(s) disapproved. Buyer shall, on or before June 6, 1994 (within 5 calendar days of acceptance of offer) complete all other inspections and shall notify Seller in writing of any item(s) disapproved. Continued on Page 4 INITIATS e 3 SELLER'S INITIALS 0 C A', MARINERS 4 0%� ESCROW CORPORATION MARINERS ESCROW Dana McNeill Escrow Officer Continued from Page 3 Bast Mezzanine, Pour Corporate Plaza Newport Beach, California 92660 Post Office Box 8809 Newport Beach, California 92658 Phone (714) 640-6040 Pax (714) 721-8157 10223DM Escrow Number June 1, 1994 Date Seller shall make the property available for all inspections. Buyer shall keep the property free and clear of liens, shall indemnify and hold Seller harmless from all liability, claims, demands, damages and costs, and shall repair all damages arising from the Inspections. No Inspections may be made by any building or zoning inspector or government employee without the (prior written consent of Seller. Buyer shall provide Seller, at no cost, copies of all Inspection reports obtained by Buyer concerning the property. TERMITE REPORT: On or before June 13, 1994 (within 14 calendar days after acceptance of the offer), Seller shall furnish Buyer at the expense of Seller, a current written report of an inspection by Angelo & Associates, a registered Structural Pest Control Company, of the main building and detached garage(s) or carport(s). If requested by Buyer or Seller, the report shall separately identify each recommendation for corrective work as follows: "Section 1": Infestation or infection which is evident; "Section 211: Conditions that are present which are deemed likely to lead to infestation or infection. If no infestation or infection by wood destroying pests or organisms is found, the report shall include a written Certification as provided in Business and Professions Code Section 8519(a) that on the inspection date "no evidence of active infestation or infection was found." Work recommended to correct conditions described in "Section 1" shall be at the expense of Seller. Work recommended to correct conditions described in "Section 211, if requested by Buyer, shall be at the expense of Buyer. If inspection of inaccessible areas is recommended in the report, Buyer has the option to accept and approve the report, or within 5 calendar days after receipt of the report to request in writing further inspection be made. Buyer's failure to notify Seller and escrowholder in writing of such request shall conclusively be considered approval of the report. If further inspection recommends "Section 1" or "Section 2" corrective work, such work shall be at the expense of the respective party designated above for each type. If no infestation or infection is found, the cost of inspection, entry and closing of the inaccessible areas shall be at the expense of Buyer. Inspections, corrective work and certification under this paragraph shall not include roof covering(s). Work shall be performed with good workmanship and materials of comparable quality and shall include repair of leaking shower stalls and pans, and replacement of tiles and other materials removed for repair. It is understood that exact restoration of appearance of cosmetic items following all such,work is not included. Work to be performed at Seller's expense may be performed by Seller or through others, provided that all required permits and final inspections are obtained, and upon completion of repairs a written Certification is issued by a registered Structural Pest Control company showing that the inspected property "is now free of evidence of active infestation or infection". Funds for work agreed to be performed after close of escrow shall be held in escrow and disbursed upon receipt of a written Certification as provided in Business and Professions Code Section 8519(b) that the ve infesta BROKERSeHEREIN Pevidence inspectd CANNOT BE HELD RESPONSIBLEFORINADEQUATE lINSPECTIONtion or infection". continued on Page 5 INITIALS: 4 SELLER'S INITIALS MARINERS ® ESCROW CORPORATION MARINERS ESCROW CORPORATION Dana McNeill Escrow Officer Continued from Page 4 Cast Mezzanine, Four Corporate Plaza Newport Beach, California 92660 Post Office Box 8808 Newport Beach. California 92658 Phone (714) 640-6040 Fax (714) 721-8157 10223DM Escrow Number June 1, 1994 Date RESIDENTIAL REPORT: Seller herein agrees to provide buyer with a City of Newport Beach Residential Building Report, together with an inspection of subject property, for buyer's approval. In the event Seller does not bring the property into compliance as indicated in said report and Buyer elects not to cancel the contract, Buyer acknowledges that Buyer may be required to expend additional sums to bring the property into compliance. Having been so advised, Buyer holds escrowholder, seller, broker and broker's agents harmless from any and all claims, losses or liability arising out of such matters. HOME WARRANTY: Buyer is to be provided with a home warranty policy, issued by Old Republic Home Warranty Plan, the premium for which is to be paid by seller. Escrowholder's only concern with said policy shall be to pay the premium for same from seller's proceeds at close of escrow, per billing to be placed in escrow, in an amount not to exceed $300.00. HOMEOWNER'S ASSOCIATION: Buyer is aware that there is a Homeowner's Association in connection with the property being conveyed in this escrow with a yearly association fee payable in the approximate amount of $750.00. Escrow is instructed to obtain a statement from said association as to the status of the account and to charge the account of seller herein with any amount owing thereon, and for any documents obtained on behalf of seller. Charge the account of seller with amount of transfer fee, if any. HOMEOWNERS DOCUMENTS; As soon as practicable, seller shall provide buyer with copies of covenants, conditions and restrictions, articles of incorporation, by-laws, current rules and regulations, most current financial statements, the most recent six months association minutes, if available, and any other documents as required by law. Seller shall disclose in writing any known pending special assessment, claims or litigation to buyer. Buyer shall be allowed 5 calendar days from receipt to review these documents. If such documents disclose conditions or information unsatisfactory to buyer, buyer may cancel the agreement, and in such event buyer and seller will execute mutual cancellation instructions. Buyer's failure to notify seller and escrowholder in writing shall conclusively be considered approval. DISAPPROVAL/APPROVAL OF ITEMS: If Buyer gives written notice of disapproval of any items set forth above requiring such written notice, Seller shall respond in writing within 5 calendar days after receipt of such notice. If Seller is unwilling or unable to correct items reasonably disapproved by Buyer, then Buyer may cancel the Agreement by giving written notice of cancellation to Seller and escrowholder within 5 calendar days (after receipt of Seller's response or after expiration of the time for Seller's response, whichever Continued on Page 6 INITIALS: 5 SELLER'S INITIALS MARINERS ® ESCROW CORPORATION MARINERS ESCROW CORPORATION Dana McNeill Escrow Officer Continued from Page 5 Gast Mezzanine, Four Corporate Plaza Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone (7141 640-6040 Pax (714) 721-8157 10223DM Escrow Number June 1, 1994 Date occurs first), in which case Buyer's deposit shall be returned to Buyer. Buyer's failure to give written notice of disapproval of items or cancellation of the Agreement within the specified time periods shall conclusively be deemed Buyer's election to proceed with the transaction without correction of any remaining disapproved items which Seller has notlagreed to correct. Buyer and Seller may agree in writing to extend these time periods. BUYER AND SELLER ARE AWARE, HOWEVER, THAT THIS ESCROW WILL NOT BE CANCELLED NOR ANY FUNDS DISBURSED UNLESS AND UNTIL ESCROWHOLDER IS IN RECEIPT OF MUTUAL WRITTEN CANCELLATION INSTRUCTIONS FROM ALL PARTIES HERETO. FIRE INSURANCE: Buyer will furnish fire insurance to Escrowholder is instructed to pay the escrow by buyer at the close of escrow. comply with the lender's requirements. premium for same from funds deposited into INCURRED EXPENSES: Buyer and seller are aware that Mariners Escrow corporation may incur certain expenses during the course of processing this escrow which must be paid prior to the close of escrow. Such costs may include, but are not limited to, courier fees, overnight mail service and City Building Reports, if applicable. Escrowholder is authorized and instructed to release fund for payment of such costs, prior to the close of escrow, from funds deposited into escrow by buyer. At close of escrow, escrowholder is authorized to charge the appropriate party for costs incurred, and is released from any and all liability in connection with complying with this instruction. PRORATIONS: Escrowholder is authorized and instructed to make the following axes based as of the date of close of escrow: (1) General and special county and city taxes based on latest available tax bill. (2) Homeowners association dues, based upon statement to be obtained through the management company. (3) Land Lease, based upon statement from ss the City of Newport Beach. BUYER'S FINAL DEPOSIT: All conditions of this escrow will be deemed to be satisfied or waived by buyer upon of sufficient funds to close this escrow, and buyer's buyer's deposit into escrow deposit of said funds shall be deemed escrowholder's unconditional authorization to proceed with closing this escrow. THE FOLLOWING IS ENTERED AS A MEMORANDUM ONLY, AT THE REQUEST OF THE PARTIES, WITH WHICH ESCROWHOLDER SHALL HAVE NO DUTY: Buyer is aware that a new Land Lease with the city of Newport Beach is under negotiation and the Escrowholder, Seller, Agents and Brokers cannot be held responsible or make any warranties with regard to the terms of the new Land Lease. Continued on Page 7 INITIALS: BUYER'S INITIALS I SELLER'S INITIALS MARINERS 441�Dw* ESCROW CORPORATION MARINERS ESCROW CORPORATION Dana McNeill Escrow Officer Continued from Page 6 East Mezzanine, Pour Corporate Plaza Newport Beach, California 92660 Post office Box 8808 Newport Beach, California 92658 Phone (714) 640-6040 fax (714) 721-8157 10223DM Escrow Number June 1, 1994 Date POSSESSION AND OCCUPANCY: I Possession and occupancy of subject property was given to buyer on January 15, 1994 per the lease agreement executed between the parties outside of escrow. SELLER WARRANTS: Seller warrants that on the date possession is made available to Buyer: (1) Roof shall be free of KNOWN leaks; (2) built-in appliances (including free-standing oven and range, if included in sale), plumbing, heating, air conditioning, electrical, water, sewer/septic, and pool/spa systems, if any, shall be operative; (3) plumbing systems, shower pans(s), and shower enclosure(s) shall be free of leaks; (4) all broken or cracked glass shall be replaced; (5) Property, including pool/spa, landscaping, and grounds, shall be maintained in substantially the same condition as on the date of acceptance of the offer; (6) all debris and all personal property not included in the sale shall be removed. REAL ESTATE TRANSFER DISCLOSURE: Unless exempt, Seller shall provide to Buyer a completed Real Estate Transfer Disclosure Statement (TDS) (Civil Code Section 1102 et seq.) Seller shall provide a TDS on or before June 6, 1994 (within 6 calendar days after acceptance of the offer), after which Buyer shall have 3 days after delivery to Buyer in person, or 5 days after delivery by deposit in the mail, to terminate the Agreement by delivering written notice of termination to Seller or Seller's agent. FIXTURES/PERSONAL PROPERTY: All permanently installed fixtures and fittings that are attached to the property or for which special openings have been made are INCLUDED IN THE PURCHASE PRICE,, free of liens. These include, but are not limited to, electrical, lighting, plumbing and heating fixtures, fireplace inserts, solar systems, built-in appliances, screens, awnings, shutters, window coverings, attached floor coverings, Television antennas/satellite dishes and related equipment, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, water softeners (if owned by Seller), security systems/alarms (if owned by Seller), garage door openers/remote controls, attached fireplace equipment, mailbox and in -ground landscaping, including trees and shrubs. SELLER REPRESENTATION: Seller shall promptly disclose to Buyer any improvements, additions, alterations, or eller to have been made without repairs ("Improvements") made by Seller or known to S required governmental permits, final inspections, and approvals. In addition, Seller represents that Seller has no knowledge of any notice of violations of City, County, State or Federal building, zoning, fire or health laws, codes, statutes, ordinances, regulations or rules filed or issued against the property. if Seller receives notice of violations prior to close of escrow, Seller shall immediately notify Buyer in writing. Buyer shall be allowed 5 calendar days after receipt of notice to provide written notice to Seller of any items disapproved. Continued on Page 8 INITIALS: BUYER'S INITIALS 7 SELLER'S INITIALS �'► MARINERS Cast Mezzanine, Four Corporate Plaza Newport Beach, California 92660 ® ESCROW CORPORATION Past Office Be.721 8808 157 Newport Beach, California 92658 Phony (7141 640-6040 Pax (7141 721-8157 MARINERS ESCROW CORPORATION Dana McNeill Escrow Number Escrow Officer I Escrow June 1, 1994 Date Continued from Page 7 GEOLOGIC/SEISMIC DISCLOSURE: If the property is situated in a Special Studies Zone (SSZ) or Seismic Hazard Zone (SHZ) designated under Public Resources Code Sections 2621-2625 or 2690-2699.6, or in a locally designated geologic hazard Izone(s) or area(s) where disclosure is required by local ordinance, Seller shall, on or before June 6, 1994 (within 6 calendar days after acceptance of the offer), disclose in writing to Buyer this fact(s) and any other information required by law. Construction or development of any structure may be restricted. Disclosure of SST s and SHZ's is required only where the maps, or information contained in the maps, are "reasonably available". Buyer is allowed 6 calendar days after receipt of the disclosure(s) to make further inquiries at appropriate government agencies, lenders, insurance agents, or other appropriate entities concerning use of the property under local building, zoning, fire, health and safety codes as may be applicable under the Special Studies Zone Act, Seismic Hazards Mapping Act and local geologic ordinance(s). Buyer shall provide written notice to Seller and escrowholder of any items disapproved within this latter time period. FINAL WALK THROUGH: Buyer shall have the right to make a final inspection of the Property approximately 5 days prior to close of escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm that: (a) Seller has completed alterations, repairs, replacements, or modifications ("Repairs") as agreed in writing by Buyer and Seller, and has complied with warranty obligations, if any, and (b) the Property is otherwise in substantially the same condition as on the date of acceptance of the offer. Repairs, as agreed between the parties, to be completed prior to the close of escrow unless otherwise agreed in writing, and shall comply with applicable building code and permit requirements. LIQUIDATED DAMAGES/ARBITRATION: Buyer and Seller have initialed or will initial Paragraph(s) 29 (ARBITRATION OF DISPUTES) and 31 (LIQUIDATED DAMAGES) of the Real Estate Purchase Contract dated May 27, 1994 and agree to be bound by same. RETROFIT: government retrofit standards, including proof Compliance with any minimum mandatory of compliance, shall be paid for by seller. FLOOD HAZARD DISCLOSURE: If the property is situated in a Special Flood Hazard Area designated by the Federal Emergency Management Agency, Seller shall, on or before June 6, 1994, (within 5 calendar days after acceptance of the offer), disclose this fact in writing to Buyer. Flood insurance may be required by lender. Buyer is allowed 5 calendar days from receipt of the disclosure to make further inquiries at appropriate governmental agencies, lenders, insurance agents or other appropriate entities. Buyer shall provide written notice to Seller of any items disapproved within this latter time period. Continued on Page 9 INITIALS: 8 SELLER'S INITIALS ,4 , MARINERS ®� ESCROW CORPORATION MARINERS ESCROW CORPORATION Dana McNeill Escrow Officer Continued from Page 8 Cast Mezzanine. Four Corporate Plaza Newport Beach. California 92660 Post Office Box 8808 Newport Beach. California 92658 Phone (7141 640-6040 Pax (714) 721-8157 10223DM Escrow Number June 1, 1994 Date SUPPLEMENTAL TAXES: Buyer is aware that the property will be reassessed upon change of ownership and that a supplemental tax bill will be received which may reflect an increase or decrease in property taxes based on property value. Tax bills received after close of escrow will be handled directly between buyer and seller. MARINERS ESCROW CORPORATION IS LICENSED BY THE STATE OF CALIFORNIA DEPARTMENT OF CORPORATIONS. EACH PARTY SIGNING THESE INSTRUCTIONS HAS READ THE ADDITIONAL ESCROW CONDITIONS, GENERAL PROVISIONS AND INSTRUCTIONS ON THE REVERSE SIDE OF PAGE ONE AND APPROVES, ACCEPTS AND AGREES TO BE BOUND THEREBY AS THOUGH SAID CONDITIONS, PROVISIONS AND INSTRUCTIONS APPEARED OVER THEIR SIGNATURES. The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in. The undersigned hereby agrees to pay, on demand, charges for drawing, recording and notarizing documents, charges of title company, if any, charges of lending institution, if any, and the buyer's and/or borrower's customary escrow fees, necessary to complete this escrow. I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS. BUYER: Glory L. Johnson SELLER'S ESCROW INSTRUCTIONS: All of the terms, conditions, demands and instructions contained herein, are hereby approved and accepted in their entirety by the undersigned who will hand you all instruments and/or funds necessary to enable you to comply therewith, including deed(s) to the herein described property, all of which you are authorized to use and/or deliver, pursuant to your obtaining in this escrow for the account of the undersigned party(ies) within the time limit as provided for, the monies, being the total consideration above plus or minus above pro -rations and adjustments, and instruments called for under these instructions. When property being conveyed is held in joint tenancy any cash derived therefrom in this escrow shall be joint tenancy funds. From said monies, together with any necessary funds I hand you, you shall deduct and pay your seller's escrow, drawing and recording fees, also for evidence of title called for above, documentary stamps as required on Deed to property I am conveying; and you are authorized to pay off any bonds, assessments and/or taxes, also any encumbrances of record, plus accrued interest, charges and prepayment penalty if any, per written demand of beneficiary, to show title as called for above and/or necessary to comply with same. Continued on Page 10 INITIALS: ' MARINERS t1Wh)ESCROW CORPORATION MARINERS ESCROW CORPORATION Dana McNeill Escrow Officer Continued from Page 9 Cast Mezzanine, Four Corporate Plaza Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone 1714) 640-6040 Fax (714) 721-8157 10223DM Escrow Number June 1, 1994 Date Instruct the title company to begin search ofititle at once. I HAVE RECEIVED A COPY OF THESE INSTRUCTIONS. SELLER: Eel River Sales Company Pension Tian By If 10 SELLER'S INITIALS MARINERS ® ESCROW CORPORATION w) Escrow Number 10223DM * * * IMPORTANT NOTICE * * * Bast Mezzanine, Four Corporate Plaza Newport Beach, California 92660 Post Office Box 8808 Newport Beach, California 92658 Phone (7141 640-6040 Fax (714) 721.8157 Date: June 2, 1994 To avoid any delays at close of escrow, please be advised of the following: 1. CLOSING FUNDS: Escrow will contact Buyer regarding the balance of funds needed, representing balance of down payment and closing costs. Buyer may deposit these funds in the form of a cashier's check or wire transfer. WIRE TRANSFER INSTRUCTIONS: First Interstate Bank, Los Angeles, CA Account No. 270-3-17970 Branch Newport Center Escrow No. 10223DM Fed Routing No. 122000218 Account of Mariners Escrow Corporation CASHIER'S CHECK: payable to MARINERS ESCROW CORPORATION All other forms of funds such as drafts, escrow checks, association checks, bank/teller checks, money market checks and non -local checks must be deposited in escrow in time to clear the account on which drawn, which may take up to SEVEN WORKING DAYS FROM DATE OF DEPOSIT. 2. NOTARY: If there are any documents requiring a Notary Public acknowledgement/jurat at any time during this escrow, parties will be required to have VALID IDENTIFICATION. Acceptable identification is limited to a driver's license, military I.D., passport or State I.D. with photo. Name on I.D. must match name as shown on the document(s) to be notarized. 3. Non -English Speaking Buyer: Any buyer who is unable to read, write and speak the English language will be required to have a translator accompany him/her when signing loan documents at escrow. The translator must be of legal age and have the same form of identification as used by a Notary Public for identification. -- 'TTICE IS HEREBY ACKNOWLEDGED BY THE UNDERSIGNED. Glory L. Johnson Eel River Sales Company Pension Plan MARINERS lwD ESCROW CORPORATION I AMENDMENT AND/OR SUPPLEMENT TO ESCROW INSTRUCTIONS Escrow No.: 10223DM Re: 37 Beacon Bay Newport Beach, CA 92660 TO: MARINERS ESCROW CORPORATION East Mezzanine, Pour Corporate Plaza Newport Beach, California 92660 Post Office Box B808 Newport Beach, California 92658 Phone (7141 640-6040 Pax (7141 721.8157 Date: June 2, 1994 My previous instructions in the above numbered escrow are hereby amended and/or supplemented in the following particulars only: The undersigned Seller and Buyer agree that they are aware that pursuant to California Revenue and Taxation Code Sections 18805 and 26131, on sales of real property, that if all of the following conditions are present: 1. Seller has a last known address outside of California; 2. The sales price exceeds the sum of $100,000.00; 3. The Seller has failed to provide escrowholder with a signed affidavit (Form 590) stating that the property being sold is the principal residence of the transferor, within the meaning of Section 1034 of the Internal Revenue Code then the escrowholder is to withhold from proceeds due seller a sum equal to 3-1/3% of the total sale price of this real property, which shall be forwarded to the California Franchise Tax Board, unless the Seller obtains a clearance from the Franchise Tax Board within 45 days. In the event a withhold is required as set forth above, the following forms are to be completed and filed: Seller shall complete and file with the California Franchise Tax Board, Franchise Tax Form 597A. Buyer shall coA e and f� with the California Franchise Tax Board, Franchise Tax Form 597. EACH O T GNED STATES THAT HE HAS READ THE FOREGOING INSTRUCTIONS AND .....,..+oa ns �.. M .AND DOES HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THESE Glory L. Johnson Eel River Sales Company Pension Plan f- • �'► MARINERS fsaml ESCROW CORPORATION AMENDED AND/OR SUPPLEMENTED ESCROW INSTRUCTIONS ESCROW NO. 10223DM RE: 37 Beacon Bay Newport Beach, CA 92669 TO: Mariners Escrow Corporation Cast Mezzanine, Four Corporate Plaza Newport Beach, California 92660 Post Office Box 88o8 Newport Beach, California 92658 Phone (714) 640.6040 Pax (714) 721-8157 DATE June 2, 1994 My previous instructions in the above numbered escrow are hereby amended and/or supplemented in the following particulars only: 1. Seller and Buyer herein agree to comply with the requirements of Internal Revenue Code, Section 1445, before closing escrow. 2. Seller agrees to furnish Buyer, prior to close of escrow, all documentation required by IRC, Section 1445, and Buyer is authorized to withhold and deduct any and all amounts required by that Section. 3. Escrow is instructed to withhold from Seller's proceeds and pay to the Internal Revenue Service at closing, an amount equal to ten percent (10%) of the sale price, unless: a. The Seller provides Buyer and escrow with an affidavit stating the Seller's U.S. taxpayer identification number and that the Seller is not a foreign person, or b. The Buyer provides Seller and escrow with an affidavit that the sale price, does not exceed $300,000.00 and that the Buyer is acquiring the property for use as a residence, or c. The Seller obtains from the Internal Revenue Service and provides to escrow a "qualifying statement". 4. Escrowholder is hereby expressly relieved of any responsibility to determine the truth or legal sufficiency of any exemption affidavit and escrowholder is authorized to hold the funds withheld for taxes in the event of a dispute until: a. Buyer and Seller agree on the disbursement of funds. b. A determination of tax liability is made by the Internal Revenue Service. c. Escrow receives a certified copy of a court order relating to the disbursement of the funds. EACH OF THE UNDERSIGNED STATES THAT HE HAS READ THE FOREGOING INSTRUCTIONS AND UNDERSTANDS THEM AND DOES HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THESE INSTRUCTIONS. Glory L. Johnson Plan 0 El MARINERS ESCROW CORPORATION Escrow NO. 10223DM DATE: 06/08/94 FAX TRANSMITTAL TO: Marian City of Newport Beach FAX NO: (714)644 3020 FROM: Dana McNeill But Meazvdua, Pour Corporate Plaza Newport Reach, (111tornia 91660 Pobl Wflee Hnx 8808 Newport Beach, Callromla 02658 Phone t714) 640.6040 Pea (714) 721-6157 REGARDING: 37 Beacon Day, Newport Beach, CA Copy of the Trustee's Sala, for your review. The owner of the Property is Eel River Sales Company Pension Plan. please redraw the Termination of Lease with the correct seller. Number of Pages to followt 1 Thank you, S0a TU" POOR:,. QUALITY ---•.•.nwr•.w.�+nrn�`R'�e�►YiIAINIAIM�L�mIFJ , 42V' , inc s FIRRSSTCAWO Nt1TLE1N8 L r Recording ReQUeeted 8yy R Adtl, FrRST AMERICAN TITLE INSURANCk CO. Do�tGNF+aa+JJFCd t - Trusteests No. 16510 M$ �6 Pif VP When Reosgdad Nail to: 42 R6GaACFIt First Amer can Title Insurance Company 114 that Fifth Straot n Banta Ana# California 92701 t+ Attanti Pot Bindk . �+ SPAOR vp THIS LINO FOR RPCORbt'R'B UAR 1 i -; • ��A. American Title I»aurahat " # Or successor Trustas or Trust by IAeiis U. .Netiqultt and r000vdad 717/88 as Instrument No, a»32449 O! official ' Raeorde of orange county, Calitornia, and pursuant certain Motice of Default tharauhdor recorded•5/14/92 ht InstrUtaent No. 92-329746 of 'OTf OW Ricbrda of naid county, Will under and pursuant to said Dead of Trutt hell Atpublic auction for cash, 14Wtui money o! the VnStaQ `Estee Of AsrriOR, a a4ahiors'e Cheek payable to ea id Trustee drawn on a slats or notianui banY., a he drawn by 4 4tols Or fodorsl credit wnidn# Or a check drawn by a state ar federal savings and loan 4acocietlon, or 901ingqs batik apacitiO4 in nantion 8102 of the ?'lnancial Codt and authorisad.t0 bUtinsss in this akato at tha an entraroe to F?Pal uNariosn;Titlr Insurasoa Company located 4t 114 East Fifth street, in khe city Of•Eenta Aha, California a7.i Chat right, title and interest conveyed to ajta now held by it u»der Said Hoed o! Trust in the propertymi Usksd iq said County and State described ant , LOT 37, As SHOWN ON THE MAP F1AEO IN 9oox 9, PAGES 42 AND 43 Or RECORD OF SURVErs, IN THE OFFICE OF THE COURT- R$CORDn' COUNTY or ORANOt, S'*Tt OF CALIFORNIA. (k) Name and address of the beneficiary at Whose request the sale is being Oandootedt Kathryn 0. Dinemoor# as sUCoextar trustee of The Halo dihamoor Family Trust dated January Is, 10861 c/o R. Keith Dinamoor, 2653 Foothill Blvd., Calietoga, CA 04615 (707) 942-408. Directiona to the above property may be obtained by requesting soya In Writing from the beneficiary within 14 days from the first publiostion of this notice. Said sale will be made Without o0venant or Warranty# express or implied, As to title, poscoaalon or oncutnbrancea to satisfy tho urpai.1 haloqe: due nn the note or netsa saaured by said Dead of Trust, to Wit:386#Se8.54, plus the following entinated aosts# expense$ And advances at the time Of the initial p»blientich of this Notice of salat $6,865.95. NOTICM TO PROPERTY OVMZX _- 109 ARE IN WAUT UNDER A DEND OF TRUAT# DATED 6/t0/68. ONLEES VdV TAks ACTION TO 110TIC2 YOUR YAOFXXTY# IT MAY EB BODD AT A EDNLIO EALS. ty YOV Nan AN ERAL7afION of TEN NATnx OF THE PROCAUINO REA;NST YOU# tog SNOVLD OONTAOT A LAEYER. DATED: September 2, 1094 FIRST AMERICAN Tl= INSURANCE COMPANY, a California Corporation I Syt z:- !�- M Pat smut - Authoriaad Offi0et` 114 East Fifth Strast + + Unth Anh, Celifdrnid 92701 (714) 1S9-O77a *Mt. 2134 .........,J1 #gyA•�q^M1✓, �1j .t?,.�i: y+d�!.:•S A 1 ad...• ,. .t. .. . .. ..M.n.YfJN.4nhYi1{rliM�o'�ii-_='...4f.._a_... .u.. . ZBt7 T££'ON OE0£ bb9 PTL r MOJDS3 S2BNINUW LT:GT b6/80/90 G Md� MARINERS ® ESCROW CORPORATION City of Newport Beach 3200 Newport Blvd. Newport Beach, CA 92660 Attn: Ken Delino Dear Mr. Delino: East Mezzanine, Four Corporate Plaza Newport Bcach, California 92660 Post Office Buz 8808 Newport Beach, California 92659 Phone (714) 640.6040 Pax (714) 721-8157 Date: June 3, 1994 Escrow No. 10223DM Subject Property Address: 37 Beacon Bay Newport Beach, CA 92660 Re: Beacon Bay BOA In connection with the above numbered escrow, the following items are herewith enclosed: Certified Escrow Instructions, for your review. Check in the amount of $50.00 representing cost for leasehold Documents. Please do nphesitate to contact the undersigned if you have any questions in regards to th s matter. ryN©B 9� 94cx.. MARINERS l� 1• ESCROW CORPORATION I EAST MEZZANINE • FOUR CORPORATE PLAZA `� NEWPORT BEACH • CALIFORNIA 92660 (714) 640.6040 n PAY TO THE"`- O ER F th T\ aFirst FIrtlnl.w# 7ark r o1CalAambl2]0 Interstate Nuwy'2021"O '. Bank fl eCM[Pleie,69k2260 t� ^NeyOe�efieecO.C(A�9OD 2669 � FOR 61 11,00 34 1 511, 1: 1 2 2000 2 18i: 2 40 1 i ii 3415 1 , � 16¢711220 rnLT 9 , $ pD DO IRS Recording Requested By FIRST AMERICAN TITLE INSURANCE CO. Trustees's No. 16518 When Recorded Mail to: First American Title Insurance Company 114 East Fifth Street Santa Ana, California 92701 Attention: Pat Sindt i SPACE ABOVE THIS LINE FOR RECORDER'S USE UO'YICE OF XAUZIXJ .Z.6 .•ir On September 30, 1992 at 11:00 a.m. First American Title Insurance Company, a California corporation as Trustee, or Successor Trustee or Substituted Trustee, of that certain Deed of Trust executed by Leslie L. Newquist and recorded 7/7/88 as Instrument No. 88-324695 of Official Records of -Orange County, California, and pursuant to that certain Notice of Default thereunder recorded•5/14/92 as -Instrument No. 92-322746 of Official.Records•of said County, will under and pursuant to said Deed of Trust sell at -public auction for cash, lawful money of the United States of America, a -cashiers Is check payable to said Trustee 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, or savings bank specified in section 5102 of the Financial Code'and authorized to do business in this state at the main entrance to First American Title Insurance Company located at 114 East Fifth Street, in the city of Santa Ana, California all that 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 described as: LOT 37, AS -SHOWN ON -THE MAP FILED IN BOOK 9, PAGES 42 AND 43 OF RECORD OF SURVEYS, IN _THE OFFICE OF THE COUNTY -RECORDERS Cr,UNTY OF ORANGEr-" STATE OF CALIFORNIA. (X) Name and address of the beneficiary at whose request the sale is being .conducted: Kathryn C. Dinsmoor, as successor trustee of The Hale Dinsmoor Family Trust dated January 15, 1986, c/o R. Keith Dinsmoor, 2653 Foothill Blvd., .Calistoga, CA 94515 (707) 942-4485. Directions to the above property may be obtained by requesting same in writing from the beneficiary within _10 days .from the first publication of :this notice. said -sale will.be made without -covenant or warranty, express or.implied, as to title, possession or.encumbrances to satisfy the unpaid balance due on the -note or notes secured by said Deed of Trust, to wit: $386,596.54, plus -the following estimated -costs, expenses and -advances at the time of the initial publication of this Notice of Sale: $6,865.95. NOTICE TO'PROPERTY OWNER YOU ARE 'IN:DEFAULT -UNDER "A 'DEED OF TRUST, 'DATED 6/29/88. '.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. DATED: September 2, 1992 FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation By: Pat Sindt - Authorized officer 114 East Fifth Street Santa Ana, California 92701 (714) 558-0778 ext. 2134 DATE (/J TIME / FOR_ WHILE YOU }W E OUT \/ jHo°�No. d2" 6/ &SxT TELEPHONED PLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT V M ;rii',��)6 w CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714) 644-3131 May 1, 1992 VIA FEDERAL EXPRESS R. Keith Dinsmoor Attorney at Law 2653 Foothill Boulevard Calistoga, CA 94515 Re: 37 Beacon Bay Newport Beach CA Dear Mr. Dinsmoor: In your April 20, 1992 letter you informed us that in the event John Newquist, representative of the holder of the second trust deed for the above -referenced property, fails to cure the default in lease payments, your mother, Kathryn Dinsmoor, intends to cure the default. This letter is to inform you that Deputy City Manager Ken Delino has discussed the default with Mr. Newquist. Mr. Newquist has indicated that he will not be able to cure the default. Pursuant to your letter of intent to cure, please contact Mr. Delino (at 714/644-3002) to make arrangements for curing the default on or before May 8, 1992. Failure to do so will cause the City of Newport Beach to conclude that there is no holder of a trust deed who intends to cure the default, and we will proceed to obtain possession of the property through continued unlawful detainer proceedings. RF• g r cc: 000 Ken Del ino, Deputy City Manager gr/dinsmoorAtr 3300 Newport Boulevard, Newport Beach 6 9 f ��w`\go GUI �_ -Iq vi New t TOE. ❑ MAYOR ❑ COUNCIL CITY MGR. ❑ BUILDING ❑ BUSINESS LIC. CITY CLERK DATA PROCESSING ❑ DUPLICATING ❑ FINANCE ❑ FIRE ❑ GENERAL SERVICES ❑ LIBRARY ❑ MARINE ❑ PARKS & REC. ❑ PAYROLL ❑ PERSONNEL ❑ PLANNING POLICE PUBLIC WORKS ❑ PURCHASING ❑ TRAFFIC ❑ UTILITIES ❑ TELECOMM. FROM: V CITY ATT EY 4- L 0 0 .y. 9 i CITY OF NEWPORT BEACH OFFICE -OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714) 644-3131 March 31, 1992 Catherine Dinsmore 2653 Foothill Boulevard Calistoga, CA 94515 Re: #37 Beacon Bay, Newport Beach Peter A. Wilson & Susan A. Wilson, Lessees Dear Ms. Dinsmore: It is our understanding that you are the holder of a Trust Deed for the above -referenced property. As you may know, the'City of Newport Beach is the Lessor of the underlying real property and leased the property to Peter A. Wilson and Susan A. Wilson on February 28, 1990. Pursuant to the provisions of the Lease, the Wilsons agreed to pay $1,218.75 as rent on the first day of each month. The Wilsons have defaulted on this obligation and as of April 1, 1992, will be $9,886.50 in arrears. After a sixty-day Notice To Pay Rent Or Quit was served on the Wilsons, an Unlawful Detainer action was filed and served on February 13, 1992. The Wilsons have defaulted on the Unlawful Detainer action, and it is our intent to seek a Default Judgment from the Court. Pursuant to the provisions of the Lease, any judgment for writ of possession of the property would be a prior and superior right to any encumbrances. As the Wilsons' interest in the Lease was not assigned to a Trustee under any of the Deeds of Trust, and the City did not receive notice that the property was encumbered, there was no way to provide you with prior Notice of the default status of the Lease. Therefore, we are hereby notifying you of our intent to obtain a default judgment and take possession of the property unless the default is cured and the future rent payments are maintained. Please provide us notice, within seven (7) days of receipt of this letter, whether you intend to cure the default. This letter and notification will be sent to the other Trust Deed holders. We understand there are currently 'three Trust Deeds on the property. If we do not receive notification of intent to cure, we will proceed with the default judgment. RF:gr cc: Kevin Murphy, City Manager %en Delino, Deputy City Manager Enclosure: 2-28-90 Lease it 3300 Newport Boulevard, Newport Beach I Ll �J CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714)644-3131 March 31, 1992 Linda Jackson c/o John P. King, Jr. Drummy, King & White P. O. Box 5080 Costa Mesa, CA 92628 Re: #37 Beacon Bay, Newport Beach Peter A. Wilson & Susan A. Wilson, Lessees Dear Mr. King: It is our understanding that you are the holder of a Trust Deed for the above -referenced property. As you may know, the City of Newport Beach is the Lessor of the underlying real property and leased the property to Peter A. Wilson and Susan A. Wilson on February 28, 1990. Pursuant to the provisions of the Lease, the Wilsons agreed to pay $1,218.75 as rent on the first day of each month. The Wilsons have defaulted on this obligation and as of April 1, 1992, will be $9,886.50 in arrears. After a sixty-day Notice To Pay Rent Or Quit was served on the Wilsons, an Unlawful Detainer action was filed and served on February 13, 1992. The Wilsons have defaulted on the Unlawful Detainer action, and it is our intent to seek a Default Judgment from the Court. Pursuant to the provisions of the Lease, any judgment for writ of possession of the property would be a prior and superior right to any encumbrances. As the Wilsons' interest in the Lease was not assigned to a Trustee under any of the Deeds Of Trust, and the City did not receive notice that the property was encumbered, there was no way to provide you with prior Notice of the default status of the Lease. Therefore, we are hereby notifying you of our intent to obtain a default judgment and take possession of the property unless the default is cured and the future rent payments are maintained. Please provide us notice, within seven (7) days of receipt of this letter, whether you intend to cure the default. This letter and notification will be sent to the other Trust Deed holders. We understand there are currently three Trust Deeds on the property. If we do not receive notification of intent to cure, we will proceed with the default judgment. RF:gr cc: xevin Murphy, City Manager /ken Detino, Deputy City Manager Lease 3300 Newport Boulevard, Newport Beach y . � 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 John Newquist Yale Review Sales P. O. Box 3335 Newport Beach, CA (714) 644-3131 March 31, 1992 Company Pension Plan 92663 Re: #37 Beacon Bay, Newport Beach Peter A. Wilson & Susan A. Wilson Lessees Dear Mr. Newquist: It is our understanding that you are the holder of a Trust Deed for the above -referenced property. As you may know, the City of Newport Beach is the Lessor of the underlying real property and leased the property to Peter A. Wilson and Susan A. Wilson on February 28, 1990. Pursuant to the provisions of the Lease, the Wilsons agreed to pay $1,218.75 as rent on the first day of each month. The Wilsons have defaulted on this obligation and as of April 1, 1992, will be $9,886.50 in arrears. After a sixty-day Notice To Pay Rent Or Quit was served on the Wilsons, an Unlawful Detainer action was filed and served on February 13, 1992. The Wilsons have defaulted on the Unlawful Detainer action, and it is our intent to seek a Default Judgment from the Court. Pursuant to the provisions of the Lease, any judgment for writ of possession of the property would be a prior and superior right to any encumbrances. As the Wilsons' interest in the Lease was not assigned to a Trustee under any of the Deeds Of Trust, and the City did not receive notice that the property was encumbered, there was no way to provide you with prior Notice of the default status of the Lease. Therefore, we are hereby notifying you of our intent to obtain a default judgment and take possession of the property unless the default is cured and the future rent payments are maintained. Please provide us notice, within seven (7) days of receipt of this letter, whether you intend to cure the default. This letter and notification will be sent to the other Trust Deed holders. We understand there are currently three Trust Deeds on the property. If we do not receive notification of intent to cure, we will proceed with the default judgment. Very y yo rs, RF:gr R n Flory, Assi ant City Attorney cc: Kevin Murphy, City Manager men oelino, Deputy City Manager Enclosure: 2-28-90 Lease 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO FIRST AMERICAN TITLE INSURANCE COMPANY 114 EAST FIFTH STREET SANTA ANA, CA 92702 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MARCH 30, 1992 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY SHOWN HEREIN. Title Order No. 9240159 Trustee Sale No. 16489 Reference No. WILSON NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account In good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is $11.120.53 as of 03/27/92 and will increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. if you fail to make future payments on the loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor. To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: EEL RIVER SALES COMPANY PENSION PLAN, ATTN: JOHN B. NEWQUIST, P.O. BOX 3335, NEWPORT BEACH, CA 92663 (714)721-8500 If you have any questions, you should contact a lawyer or the governmental .agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. Continued on page 2 — Page 1 — (CANOTDIA) Continued from page 1 16489 NOTICE IS HEREBY GIVEN THAT: FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as Substituted, Is the duly appointed Trustee under a Deed of Trust dated 02115/90 , executed by PETER A. WILSON AND SUSAN A. WILSON, HUSBA14D AND WIFE as Trustor, to secure obligations in favor of LESLIE L. NEWQUIST as Beneficiary recorded on 02/28/90 as instrument no. 90-104601 in book page of Official Records In the Office the Recorder Of ORANGE County, California, as more fully described on said Deed of Trust. Inclu ing 1 note s or the sum of . 000. oo ; that the beneficial interest under said Deeds 587 Trust and the obligations secure t ereby are presently held by the current beneficiary; that a breach of, and default In, the obligations for which said Deed of Trust is security has occurred in that the payment has not been made Of: The installments of principal and interest which became due on 11/01/91 plus late charges and all subsequent installments of principal and interest, plus late charges. Any advances required -of Beneficiary plus interest thereon from dates made. The failure to pay delinquent taxes in the amount of $204.21 and subsequent delinquencies. Trustee fees and expenses in the amount of $7-56.17 plus subsequent Trustee fees and expenses which may become due. That by reason thereof, the present beneficiary under such Deed of Trust has executed and delivered to said Trustee a written Declaration and Demand for Sale, and has deposited with said duly appointed Trustee such Deed of Trust and all documents evidencing the obligations secured thereby, and has declared and does hereby declare all sums secured thereby Immediately due and payable, and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. DATE: 03/27/92 FIRST AMERICAN TITLE INSURANCE COMPANY AS TRUSTEE PAT SINDT - FORECLOSURE OFFICER BY: - Page 2 - (CANOTDIB) 04 -e-137 - /$?- 3k4. ?Y" 9 RECORDING REQUESTED BY AND WHEN FIRST AMERICAN COMPANY RECORDED MAIL TO TITLE INSURANCE 114 EAST FIFTH STREET SANTA ANA, CA 92702 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON DECEMBER 19, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY SHOWN HEREIN. 11t1e Order No. 1593328 Trustee Sale No. 16375 Reference No. WILSON NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST IMPORTANT NOTICE IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is • $179,636.92 _ as of 12/18/91 and will increase until your account becomes current.. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. If you fall to make future payments on the loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums. Upon your written request; "the beneficiary or"mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice; unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor. To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure .for any other reason, contact: bhp LINDA JACKSON, C/O DRUMMY, KING, & WHITE, ATTORNEYS AT LAW, ATTN: JOHN P. KING, JR., P.O. BOX 5080, COSTA MESA, CA 92628 (714)850-1800 If you have any questions, you should contact a lawyer or the governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. Continued on page 2 - Page 1 - (CANOTDIA) Continued from page 1 16375 NOTICE IS HEREBY GIVEN THAT: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION Is the duly appointed Trustee under a Deed of Trust dated 01/30/90 , executed by PETER WILSON AND SUSAN WILSON as Trustor, to secure obligations in favor of LINDA UACKSON as Beneficiary recorded on 03/12/90 as instrument no. 90- 963 in m book page of Official Records e Office or the Recorder Of ORANGE ounty, callforfila, as more fully described on said Deed of Trust. Including motes or the sum of oo. oo ; that the beneficial interest under said Deed of Trust and the obligations secure t ere y are presently held by the current beneficiary; that a breach of, and default in, the obligations for which said Deed of Trust is security has occurred in that the payment has not been made of: The unpaid principal balance of $150,000.00 plus accrued interest at 10% which became all due and payable on 01/30/91, plus subsequent delinquencies. Attorney foes plus interest, plus subsequent attorney fees which may become payable. Any advances required of Beneficiary plus interest thereon from dates made, Trustee fees and expenses in the.amount of $1,386.86_.plus. subsequent Trustee fees and expenses which may become due. That by reason thereof, the present beneficiary under such Deed of Trust has executed and delivered to said Trustee a written Declaration and Demand for Sale, and has deposited with said duly appointed Trustee such Deed of Trust and all documents evidencing the obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable, and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. DATE: 12/18/91 FIRST AMERICAN TITLE INSURANCE COMPANY AS TRUSTEE BY: PAT SINDT - FORECLOSURE OFFICER BY: - Page 2 - (CANOTDIB) TA FOR 1 LE YOU WERE OUT PHONE NO. EXT. i TELEPHONED LEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT I . 2. 3. 4. 5. 6. 7. 8. S. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56, 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. �1 SPRING MOUNTAIN Escrow No. Date Page ESCROW INSTRUCTIONS TO: SPRING MOUNTAIN ESCROW CORPORATION Corona Del Mar Branch 2101 E. Coast Highway Ste 350 Newport Beach, CA, 92658 Telephone: (714) 721-6491 Escrow Officer: Linda Karcher Escrow No.: 960-LK Title Order No.: Title Co.: to follow Date: Jan. 29, 1990 960-LK Jan. 29, 1990 Page 1 MEMO Cash through escrow $ 150,000.00 1st Trust Deed,of record$ 348,000.00 2nd Trust Deed, to rec. $ 87,000.00 TOTAL CONSIDERATION $ 585,000.00 I will hand you $150,000.00 plus my share of closing costs incurred,of which $15,000.00 has been initially deposited herein, & assume existing loan of $348,000.00 & execute 2nd PMTD for $87,000.00, making total consideration of $585,000.00. I will also hand you any additional funds and instruments required from me to enable you to comply with these instructions, which you are to use on or before 03/01/90, and record any documents called for in this escrow when you can obtain assurance of title in the form of a Standard CLTA Owner's policy of Title Insurance on said property with liability limited to $585,000.00 on real property in the City of NEWPORT BEACH, County of ORANGE, State of California, described as follows; THE LEASEHOLD INTEREST IN AND TO: Lot 37 as shown upon a record of survey map filed in book 9, pages 42 and 43 records of survey in the office of the county recorder of said county. Property Address (not verified): h - 10BF T 37 BEACON BAY, NEWPORT BEACH, CA F £g.Cr�RO�A1G/ CORRECT Showing title vested in: ij /!J MV PETER A. WILSON and SUSAN A. WILSON, vesting' BUYER(S) TO CHECK ONE OF THE FOLLOWING: *BUYER HAS BEEN'ADVISED TO SEEK LEGAL AND/OR TAX COUNSEL AS TO THEIR VESTING FOR ANY SUCH TAX RAMIFICATIONS.* ( ) as joint tenants ................( ) as community property ( ) a single woman (never married)..( ) a single man (never married) ( ) an unmarried woman (divorced)...( ) an unmarried man (divorced) ( ) a widow........ ... .( ) a widower ( ) each as to an undivided (equal) interest, i.e. tenants in common ( ) none of the above, TITLE TO BE VESTED AS FOLLOWS:_ Free of encumbrance EXCEPT: (1) All general and special real and personal property taxes for the fiscal year 1990-91 . Record owner agreer to pay Supplemental Taxes for periods assessed to previous tax years. (2) A lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, 1983 Statutes of the S ate of California. (3) Assessments and Bonds, not delinquent, having an unpaid balance of $ NONE . (4) Easements, Rights of Way, Covenants, Conditions, Restrictions PLEASE INITIAL: EC 1101C (91861 6 ' MptNTAIN ESCROW , � COflpOflAT10N LINDA M. KARCi1ER Escrow Omccr 2101 H. Coast Highway, Third D. P.O. Hox 976g Ncwport Beach, CA 92658 (714) 721.U18 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35, 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. SPRING r MOUNT-AIN Escrow No. Date Page & Reservations of Record, or in deed to record. FINANCIAL TERMS: 960-LK Jan. 29, 1990 Page 2 (A) First Deed of Trust, of record, securing an encumbrance in the approximate amount of $348,000.00, payable as per its terms. BUYER'S SIGNATURE ON ANY LOAN ASSUMPTION PAPERWORK SHALL BE DEEMED APPROVAL ALL TERMS AND CONDITIONS CONTAINED THEREIN. BUYER AGREES TO ASSUME THE EXISTING LOAN OF RECORD AND AUTHORIZES ESCROW HOLDER TO ORDER A BENEFICIARY STATEMENT FROM EXISTING LENDER REFLECTING THE CURRENT STATUS OF SAID LOAN. LOAN TO BE IN CURRENT POSITION AT CLOSE OF ESCROW. (B) Escrow holder is authorized and instructed to prepare on your usual form, a Note and Deed of Trust in the amount of $87,000.00 , dated as written, in favor of the seller as currently vested; to be executed by the buyer. Interest shall accrue at the rate of 12% per annum, from the close of escrow payable in monthly installments of $1,-935.27*, or more beginning 30 days after the close of escrow and continuing on the same day of each and every month until FIVE years after the close of escrow, at which time the entire balance of principal and interest will have been paid. Escrow holder is authorized and instructed to endorse the Note to commence interest accrual from the close of escrow,' and to insert the appropriate due date(s) on Note over and above the signature of trustor thereon. *(Payments are fully amortized over a 5 year period) "THIS DEED OF TRUST IS SECOND AND SUBJECT TO A DEED OF TRUST NOW OF RECORD." Said recital to be added to the Deed of Trust. Buyer's signature on Note and Trust Deed shall be deemed their approval of form and contents therein. ESCROW HOLDER IS RELIEVED OF ANY RESPONSIBILITY AND/OR LIABILITY FOR THE DETERMINATION OF SUFFICIENCY OF EQUITY IN SUBJECT PROPERTY OR WITH THE BUYER'S CREDIT WORTHINESS. SELLER IS RELYING ON HIS OWN INVESTIGATION OF SAME. CCRTlF U TO 6Otc OF h'E BE T OR GlNALRRUE AND RECT INSTRUCTIONS: PROBATIONS to be made on the'lY� fl,�aJ month on items marked 11X" below as of close of escrow �RPj (x) TAXES, 2nd 1/2 1989-90 on the basis of the latest tax statement, PLUS ANY SUPPLEMENTAL TAXES, IF ASSESSED, BUT WITHOUT REGARD TO ANY FUTURE SUPPLEMENTAL TAXES INCURRED BY REASON OF REASSESSMENT () FIRE INSURANCE on basis of premium shown on policies handed you or that Beneficiaries inform you they hold. 0 INTEREST on encumbrances(s) of record. () RENTS basis of rental statement handed you by seller and approved by buyer. Make no adjustment against buyer for uncollected rents prior to close of escrow. () PREMIUM on FHA, MMI, or any other stated lender's risk insurance (x) HOMEOWNERS Association Dues, if any. BUYER IS AWARE THAT SUBJECT PROPERTY IS LOCATED ON CITY OF NEWPORT BEACH LEASED LAND, AND THEREFORE -BUYER IS AWARE THAT HE WILL BE HANDED A RECORDED MEMORANDUM OF LEASE, IN PLACE OF A GRANT DEED. Escrow holder is authorized and instructed to obtain a statement from City of Newport Beach as to the status of current Leasehold payment(s), charge the Seller for any past due payments and prorate the current PLEASE INITIAL: EC 1101 C 19M) ' ,'i 'NPRING MOUNTAINEscrow No. Date Page 960-LK r Jan. 29, 1990 Page 3 1. 2. months payment at close of escrow. Escrow holder is instructed to 3. charge the Seller with the $50.00 lease fee for the obtaining of 4. necessary documents from the City. 5. The City of Newport Beach shall provide a Termination of Leasehold and a 6. Memorandum of Lease for recordation at close of escrow, along with a new 7. lease for the Buyer. Escrow holder is instructed to provide the City of 8. Newport Beach with any documents and/or funds which they may require to 9. comply with these instructions. 10. 11. Order demand/payoff statement on all existing liens and loans, if 12. applicable, charging the seller's account for same at the close of 13. escrow. 14. 15. Obtain a statement from the homeowners association, as to the current 16. status of the dues, charge seller with any due, but unpaid assessments, 17. charge the buyer with transfer fee and prorate the current month to 18. close of 'escrow. In the event seller is unable to provide association 19. documents as described in the sale contract, escrow holder will order 20. the documents from the association and charge the seller for same at the 21. close of escrow. 22. BUYER IS AWARE THAT THE APPROXIMATE ASSOCIATION DUES AFFECTING SUBJECT 23. PROPERTY IS $750.00 PER YEAR. (Not verified by escrow at this time) 24. 25. Notify all parties and their agents if the deposit check is not received 26. or is returned uncollected by the bank. 27. 28. Provide copies to buyer, seller and their agents of any notices received 29. from the other party or their agents. 30. 31. Each party acknowledges the close of escrow is conditioned upon check 32. clearances. Funds to close must be in the form of a cashiers check 33. drawn on a bank with clearing house in the State of California OR be 34. wire transferred to Spring Mountain Escrow's Trust Account. All final 35. funds in excess of $100,000.00 must be wire transferred. 36. 37. Release sufficient funds from monies on depTV t to pay for credit 38. report, appraisal, city reports, lender or,���ation statements which 39. may be required to be paid in advance. The=Mo g are not refundable 4o. regardless of the consummation of this es�,�, 6FT F 42. Seller shall provide buyer a copy of the City' i�, $jlding 43. Report for Newport Beach, and make any repairs ad3t1� 44. specified therein. At the close of escrow, escro '� is a ized 45, and instructed to charge the seller and reimburse any epositing a 46. paid receipt for the City.Inspection Report. 47. 48. Seller is to furnish, at his expense, a current licensed structural pest 49. control report showing the accessible portions of subject property in 5o. this escrow (and garage) to be free of visible evidence of active 51. infestation or infection by wood destroying insects, fungi and/or dry 52. rot. Seller authorizes payment for making the inspection report and 53. repairs needed to comply herewith as to the infestation or infection 54. which is evident. In addition, work recommended to correct conditions 55. that are present which are deemed likely to lead to infestation or 56. infection, if requested by the Buyer, shall be at the expense of the 57. Seller and Seller authorizes payment for same. 58. REFER TO PURCHASE CONTRACT FOR ANY FURTHER DETAILS PERTAINING TO THE 59. PEST CONTROL INSPECTION REPORT. 60. 61. 62. 63. Buyer is aware the property will be reassessed by the Tax Assessor as of 64. the close of escrow and a supplemental tax bill will be received after 65. the close of escrow. As escrow holder, you are hereby relieved of any 66. and all responsibility and/or liability in connection with any future or 67. revised tax bills. 68. 69. Buyer will furnish this escrow with a "Preliminary Change of Ownership 70. PLEASE INITIAL: Ec I iotc (9IB6) ` cPRING MOUNTAINEscrow No. 960-LK Date Jan. 291 1990 Page Page 4 1. 2, Report" which shall be presented to the County Recorder at the time of 3, recordation of the Deed for subject property. Should buyer decline to 4, complete said report, or should the County Recorder reject the report, 5, escrow holder is authorized and instructed to charge the buyer the 6, additional $20.00 fee assessed by the.County. Further, in such event, a 7, Standard Change in Ownership Statement will be mailed to the buyer by 8, the County Assessor•with the recorded Deed for completion. Failure to g, complete and return said form within the 45 days provided will result in 70. a penalty being assessed by the County. Escrow holder is relieved of 11, any responsibility and/or liability in connection with the completion of 12. the "Preliminary Change of Ownership Report." 13. 14. This escrow is contingent upon the buyer approving the preliminary title 15. report and CC&R's if any, within TWO days of receipt of same from escrow 16. holder. In the event written disapproval is not received within the 17. time allowed, said items shall be deemed approved. 1 1 9. From funds deposited in escrow by the Buyer, escrow holder is authorized 20, and instructed to release $7,500.00 to the Seller on February 2nd, 1990, 21. and without further instruction from the parties. To allow Escrow 22. Holder to comply with these instructions, Buyer agrees to deposit funds 23. in the form of a Cashier's Check written on a California Bank or must 24. have cleared funds. 25, 26. The undersigned Buyer and Seller hereby acknowledge that they are aware 27. that Spring mountain Escrow Corporation, its officers and employees, 28. make no warranty or representation of any kind or nature, either 29. expressed or implied, as to the ownership or condition of title to the 30. property described in this escrow, nor as to the condition of 31. encumbrances or liens, if any, thereon, nor as to the condition or 32. ultimate outcome of this escrow, and that at the time of release of 33. funds as called for above, the conditions of this escrow will not have 34. been complied with nor will any documents be filed for record in 35. connection therewith. -We, the undersigned, hereby hold Spring Mountain 36. Escrow Corporation harmless from any loss or damage which may be 37. sustained by reason of the above disbursement instruction, and for the 38. failure of any of the conditions of t1pi.s escrow, and for the recovery of 39. said money so released. 40. J 41. Escrow holder is instructed to com �F986 Tax Revision and 42. cause to be drawn and processed a r agrees to comply 43. with said requirement. O' L�`O0 44. .. /101, 00 45. Seller agrees to comply with state and local n's $ce�arding the 46. installation of smoke detectors. 47. ;v 48. Prudential California Realty is the agent for the S ', r exclusively, as 49.Buyer is representing himself in .this transaction. 50. 51. The following are matters of record only, of which escrow holder has no 52, duty or concern to: 53. 1) Possession and occupancy shall be delivered to Buyer at the close of 54escrow plus one day thereafter. 55. 2) Included in the purchase price herein are the oven cooktop and 56. refrigerator. 57. 56 ALL PARTIES ACKNOWLEDGE THE ORIGINAL SALES CONTRACT DATED 1-28-90 59. CONTAINS PROVISIONS NOT STATED HEREIN AS THEY DO NOT REQUIRE ACTION BY 60. ESCRO14 HOLDER. BUYER AND SELLER AGREE TO BE BOUND BY ANY•ITEMS� 61 CONTAINED IN THE SALES CONTRACT, WHICH ARE NOT SPECIFICALLY AMENDED BY. 62 THESE INSTRUCTIONS. 63. 64. In the event escrow holder is not notified in writing of disapproval of 65inspections, reports, and/or contingencies contained in the sale 66* contract, contingencies are waived and conditions are approved. 67. 68. BUYER'S APPROVAL 69 I agree to pay buyer's usual charges on demand, including, but not 70• PLEASE INITIAL: EC 1101 C M86) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. '�' SPRING , MOUNTAIN Escrow No. 960-LK Date Jan. 29, 1990 Page Page 5 limited to: sub -escrow fee if incurred on my behalf only, recording MEMORANDUM OF LEASE, buyer's escrow fee, drawing any trust deed and note executed by me, recording and drawing.any other documents necessary on my part, loan tie-in fee, and lender's fees incurred as specified in said lender's documents. BY SIGNATURE BELOW, THE GENERAL PROVISIONS ON THE LAST PAGE HEREOF ARE APPROVED AND INCORPORATED WITHIN THE TERMS OF THIS ESCROW AS THOUGH THE SAME APPEARED OVER MY SIGNATURE. PETER A. WILSON SUSAN A. WILSON SELLER'S APPROVAL THE FOREGOING TERMS, CONDITIONS AND/OR INSTRUCTIONS TOGETHER WITH THE GENERAL PROVISIONS ON THE LAST PAGE HEREOF, ARE CONCURRED IN, APPROVED AND ACCEPTED BY THE UNDERSIGNED SELLER AS EVIDENCED BY SIGNATURE BELOW. I will hand you all instruments and money necessary for me to comply with the above including a TERMINATION OF LEASEHOLD interest to the property described, which you are authorized to record or deliver when you can comply with these instructions. You are authorized and instructed to pay all encumbrances on said property, except those which are to remain a lien at close of escrow as previously set forth, from the proceeds of this escrow. I agree to pay seller's usual charges including, but not limited to: sub -escrow fee,•policy of title insurance, documentary transfer tax in the amount of $ 260.70 (IF APPLICABLE), seller's escrow fee, drawing any other document(s) executed by me or necessary on my part, your fee to request -'assignments of insurance, offset, beneficiary and demand statement and the lender's fees incurred as specified in said statements, express mail and messenger fees, if applicable. LESLIE L. NEWQUIST .CQp�T^p��O EC I I OIC )9/66) _ Spring Mountain Escrow poration �ow No. 960-LK to Jan. 29, 1990 Page 6 GENERAL PROVISIONS 1. IT IS MUTUALLY UNDERSTOOD AND AGREED BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SEVERALLY, THAT: 2. The close of escrow shall be the day documents deposited in this escrow are recorded. 3. If the conditions of this escrow have not been complied with at the time provided for in these instructions, you are 4. nevertheless to complete this escrow as soon as the conditions (except as to time) have been complied with, unless a written 5. demand for the return of money and/or instruments by a party to this escrow is received by you prior to the recording of any 6, instrument provided for in these instructions. 7. No notice, demand, or change of instructions shall be of any effect unless given to you in writing and approved in writing by 8. all parties affected by the same. 9. It, before or after recording documents, you receive or become aware of any conflicting demands or claims (hereafter, 10. "conflict") with respect to this escrow, the rights or obligations of any of the parties or any money or property deposited or 11, affected, you shall have the right to discontinue further performance on your part until the conflict is resolved to your satisfaction. 12, In addition, you shall have the right to commence ordefend anyaction or proceeding you deem necessary forthe determination 13. of the conflict. A conflict shall be deemed to be your receipt of unilateral instructions or mutual instructions from some, but not 14. all of the parties to this escrow. 15. Should any controversy arise between the parties to this escrow or with any third person, you shall not be liable to take any 16. action of any kind, but may withhold all moneys, securities, documents or other things deposited into escrow unlit such 17. controversy has been determined by agreement of the parties or by legal process. 18. In the event any action is commenced to determine a conflict or otherwise to enforce or declare the provisions of these 19. instructions or to rescind them including, but not limited to: a suit in interpleader, whether or not the action is prosecuted to final 20. judgment, voluntarily dismissed or settled, and irrespective of whether you are the prevailing party in any such action; or if it 21. becomes necessary or desirable for you to obtain legal advice with respect to a conflict or on account of any matter or thing 22. arising out of or in any way related to these instructions, whether or not suit is actually commenced, the parties to this escrow 23. jointly and severally agree to pay all of your costs, damages, judgments and expenses, including attorneys' fees, incurred by you 24. in connection with the same. . 25. It is understood that the fees agreed to be paid for your services are for ordinary and usual services only, and should there be 26. any extraordinary or unusual services rendered by you, the undersigned agree to pay reasonable compensation to you forsuch 27. extraordinary or unusual services, together with any costs and expenses which may be incurred by you in connection with the 28. same; and you are hereby given a lien upon all documents, moneys and securities deposited in this escrowuntil you have been so 29. compensated or reimbursed. It is understood that in the event this escrow is cancelled, you will receive compensation forsuch 30. services as you have rendered in connection with this escrow. 31. Escrow holder shall not be held liable for sufficiencv or correctness as to form, manner or execution or validity of any 32. document deposited into escrow, nor as to the identity, authority, or rights of any person executing them, nor for failure of any 33. par:y to this escrow to comply with any of the provisions of any agreement, contract or other instrument filed or referred to in 34. these instructions. The duties of escrow holder shall be limited to the safekeeping of money, instruments or other documents 35. received by escrow holder and for the disposition of them in accordance with the written instructions accepted by escrow holder. 36. The knowledge of escrow holder of matters affecting the property, provided such facts do not prevent compliance with these 37. instructions, does not create any liability or duly in addition to the responsibility of escrow holder under these instructions. 38. Escrow holder shall not be obligated to make any physical examination of any real or personal property described in any 39. document deposited into this escrow. The parties agree escrow holder is not making any representationswhatsoever regarding 40. said property. 41. Escrow holder shall be under no obligation or liability for failure to inform the parties to this escrow regarding any sale, loan, 42. exchange, or other transaction of facts within the knowledge of escrow holder concerning the herein described property, provided 43. it does not prevent escrow holder's compliance with these instructions. 44. Escrow holder shall not be concerned with giving any disclosures required by Federal or State law, including, but not limited 45. to, anyclisclosures required under Regulation Z pursuarittothe Federal Consume'r Credit Protection Act, the effect of any zoning 46. laws, ordinances or regulations affecting any other property described in this escrow. The undersigned jointly and severally 47. agree to indemnify and hold escrow holder harmless by reason of any misrepresentation or omission by either party or their 48. respective agents or the failure of the parties to this escrow to comply with the rules and/or regulations of any governmental 49. agency, state, federal, county, municipal or otherwise. Parties to this escrow have satisfied themselves outside escrow that this 50. transaction is not in violation of the Subdivision Map Actor any other law relating to land division, and escrow holder is relieved of 51. all responsibility and/or liability in connection with the same and is not to be concerned with the enforcement of said laws. 52. You are authorized and instructed to utilize the services of a sub -escrow agent, within the scope of Section 1738.4,.5 of the 53. California Administrative Code, as a depository for funds and/or documents prior to close of escrow, if necessary. 54. Escrow is authorized and instructed to furnish information from this escrow to lenders and/or brokers as may be requested 55. by them, including, but not limited to copies of all instructions and closing statements in this escrow. Escrow is authorized to 56. accept funds deposited to our account by our broker or agent without further authorization. 57. All deposits made by the parties to this escrow shall be deposited by escrow holder in an account designated as "Escrow 58, Trust Account" with any local bank, without any liability for interest. All disbursements shall be made by check of escrow holder 59. drawn on said account. Escrow holder shall not be obligated to identify or to guarantee the signature of any payee on said 60. checks. All documents and checks in favor of the parties shall be mailed, unregistered, to the addresses of the respective parties 61. set forth in these instructions. 62. These instructions may be executed in counterparts, each shall be deemed an original regardless of the date executed and 63. delivered, and said counterparts shall constitute one and the same instrument. 64. The signature of the undersigned hereon and on any document(F) and instrument(s) pertaining to this escrow indicates their 65. unconditional acceptance and approval' o.' the same, and the undersigned hereby acknowledge receipt of a copy of these 66. instructions. C',67. TO 68. , RUF 69. 70. '•iUU U UR G, 1(RRFCT 71.Twl)n; 72. Signature(s) ` k�e� Signature(s) PETER A. WILSON 73. n 74. SUSAN A. WILSON 75. 76. 77. 78. 1. •+U<c'. r", AS S TGNM:F= AND =NSTRUCT20N TO ESCROW FOR PAYMENT OF RE_AT- ESTATE BROKER ' S COMM E S S XON COMMISSION AUTHORIZATION Spr ng Mo tni-ai n Escrow Corp Date: Jan. 29, 1990 Corona Del Mar Branch 2101 E. Coast Highway Ste 350 Escrow No.: 960-LK Newport Beach CA 92658 Gentlemen: WE HEREBY =RREVOCABLY AS S SGN TO = THE PRUDENTIAL-CALIFORNIA RLTY Lic. # the sum of $ 14, 625.00 2101 E. COAST HWY., n250 NEWPORT BEACH CA Lic. # the sum of $ TOTAL$ 14,625.00 PAYABLE FROM PROCEEDS DUE US AT =-M CLOSE AF• F" C" C'>W . We hereby irrevocably direct you to pay assignee the funds assigned immediately upon the close of escrow. No change or modification in this instruction shall be of any effect unless xigned by both the undersigned as sellers and by the undersigned brokers. In the'event, however, any controversy or dispute arises regarding said commission, escrow holder is instructed to proceed with the closing of this escrow if all other conditions of the transaction have been met. No liability is assumed by escrow holder for the payment of the assigned funds in the event this transaction is not consumated or this assignment is revoked or modified with the broker's approval. LESLIE L. NEWQUIST Property Address: 37 BEACON BAY NEWPORT BEACH CA a CITY OF NEWPORT BEACH SIXTY DAY NOTICE TO PAY RENT OR QUIT AND NOTICE OF TERMINATION OF TENANCY TO: Peter A. & Susan A. Wilson 37 Beacon Bay Newport Beach, CA 92660 NOTICE is hereby given that under the terms of the lease dated February 28, 1990, between you and the undersigned by which you hold possession of the premises located at Beacon Bay Lot No. 37, Newport Beach, California, as shown on the map filed in book 9, pages 42 and 43 of Record of Surveys, in the Office of the County Recorder, County of Orange, State of California (hereinafter "premises"), there is now due and unpaid rent for said premises in the sum of $3656.25 and accrued late charges of $524.55, for a total due of $4,180.80. Within sixty days after service of this Notice on you, you are required to pay all sums in full by .cashier's check or cash or to deliver up possession of the hereinafter described premises to or legal the City of Newport Beach, who is authorized to receive the same, of proceedings will be commenced against you to recover possession said premises, all rents due, damages and such other relief as the court is authorized to award. No payment less than the full amount owed will be accepted. _ If said rent and late charges are not paid in full within sixty days after the service of this Notice, the City of Newport Beach, hereby elects to and does declare a forfeiture of the lease under which you occupy the premises. Robert L. Wynn City Manager Dated: November 20, 1991 City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92658-8915 ►_ J r�RC•H rITY ATTORNEY NPR RT I::L�'D. xEPCH, CA 92663 644-3131 Ref. N:_..: OOOE3954-02 (041 ) •-ey for: PLAINTIFF Plaintiff: NEWPORT BEACH ➢efe-•dont: GALLAGHER - No. : Proof of Service 1. At the time of service I was at least 18 years oP age and not a party tc this action, -and I served copies of the - GO -DAY NOTICE TO QUIT AND PAY RENT' 2. a. Name of Tenant: SUSAN A. WILSON c. Address: 37 BEACON BAY (Home) NEWPORT BEACH, CA 926SO 3. Manner of Service: Posting and Mailing. By posting a copy of said Notice for each tenant in a conspicuous place on the property described in said Notice, there being no person of suitable age or discretion to be found at any known place of residence or business of said tenants; by depositing said copies in the United States mail, in a sealed envelope, with postage prepaid, addressed to the tenant(s) at the place where the property is situated. (C. C. P. 1162 (3) ) Date of Positing: 11/22/91 Time of Posting: 09:03prn Date of Mailing: 11/22/91 Place of Mailing: NEWPORT BEACH, CA S2660 Prior to the posting of said notice and in compliance with the provisions of C.C.P. 1162, I first attempted service at the following address(es): Horne: 37 BEACON BAY NEWPORT BEACH, CA 92660 Business: Tenant's business address was not known at the time of service. and the tenant was absent therefrom, and no person of suitable age and discretion was found therein. 5. Per•spn Serving: hi- LEE . . K. - Fee• fdr� serVicer "$5'm Ow SCAS Attorney•Servicey Inc. d. Registered CalifornfalpYocess server. 848 North Parton Street .(1) Employee'or independent contractor - Santa Ana, Cali forr,i'a, 9.c^701 (2) Registration No. f .PSC 508 -c--72:, ;C Czunt,z Deange ,ate: . 11/25/91 • . Joel. ...::n. Farm, rule 3820) (_'3) Si gnhturer POOR.:..,. QUALITY 0RIGINAL (S) K , 921 bunfm& 6ALW� ''P. 0.RN-iYSt1g1K',1 'ii, v� 1— •-alp 19Y I -95 ,1364881 ink BEACH', C)_TY',AT IS, It ZACFJ�t' TjqEWPQ BF. V., I'll Attention 'Client No. A [Ordered By 1104PORT BEACH 'C I TY ~A-FTOM, Ey-', R, ET W I gu�jbct,�arn ER: 'A. 'ON Case No. ci 5,1 Gj v EW Court • IJPdRT EiEAC�� �i JTEMIRA Plft./App AMQU T�g Vs. Deft- w)LLAGHER' Client PAO $kav" I, C�E Ins. Carr T I •4MEIRVED: PETE-R A.'. WILSO 111%*4it.il •—NEWPORT aEACH CA f .'I FAO -DAY NOTS.99 TO QUJ T A 4" -DATE, .4 '--REMITTANCE COM SOUTHERNCAL1719RNIA SA3ra8uv UIL4 Ae204 618NPe SL 35111MaS. $450PA�$LS4e104 INVOICE ATTORNEY SERVICE NMN.*AG91601.2M 5r fta91701 $ petPg91101 ftnQ9323 (81B) 7634900 (711) fl15.1111 (614) ffi 1009 (805) 6%M IRS NO. 95.3364883 cca-5:orstfon - no iD4rb i•=_•rauireei B S r ' NE:WPORT 6?B.F.CH C !'1 Y r TTORMEY H ";-b'6%Of;T LEACH CITY r•1'r'i 17Rh1E.' L'c:SUO NEW!=,0P.,r r_'L•vD. P •:=OU NE14F'uFT CKLWD. TN6cWPORT BIFI-,CH, Cr) .. r VP,._: T NE4dl%0RT BEACH, • C(, :'•i26Ei8 O .: Atten nry-. tion.,; ,. .• .. •• ,-EY•1T'ai;h4= Client No., 12-S0-;416 -e. Ordered By NEWPORT C I TY Al TORNEY subject Name SU._;1_t11 A. W 1 L:aaN Case No. Claim/File NO. NONE 6 1 VEN ! Court Plft./Appl. NEWPORT' BEACH ITEM/RATE- '.AMOUNT Vs. Deft., . GALLr-1GPIER Client ADo' L EhIT 1 TY•. ° 25.00 Ins. Carr SERVED: SUSAN A. WILSON at 87 BEAC014 BAY., ."7 T•,T NEWPORT. BEACH CA on 11/22/91 e 09 OSprn. 50-DAY NOTICE TO QUIT RND PAY RENT Sub Total 25.00 DATE: 1,1/E5/91 .� INV. NO.: 000E gP4--0ff. zMO N_T D Er r,• zS.Oo • ;,"'' '�' �' �' "�' Y CLIENTFILE:COPY the time of service. and the tenant was absent therefrom, and no person of suitable age and discretion was found therein. 5.:.' Pers','rI. Sery i n,'g 14. ' LEE SPAS Att' rney Service, 848 North••Parton Street Santa Ana, California 92701 .. :) _' /ram<•^.: 1 t/�"�Jgi •J1'd. .:: 'r,, !' r'm, r'.11r _c1'c _0 (::. i a: `Fee' for 'serwic•:' 00 d. Reg is•tered' Cal i f'ori,'iaa pr^ocess.• senver^.. ti)' .Employee Ur^ independent contractor '(2) Registration NO..: PSC 508 Ci gridt)-rre: SOUTHERN CAL> NIA 5503Uh0 BW.S.h204 S38NPa SL INVOICE ATTORNEY SERVICE n fty CA 91601299) 35111 " An u92701 SM Dqz CA 92101 SS0Ilk=kSuae103 Vm CA 9MI (818) 763 4900 (7108951211 (619)29S 1009 (805)6%2838 IRS N0. 95.3364881 A C� 1Pfu•11`A 1' I f5f1 YSI i 11'M F"M•f11J 1 Y,li + B G! _.:d;1 C I''f re'r 1O ,t tw,r S H L;ir�,+rOlq'T BE:P=;Ct-I C I T,( wr"TORNEY L LS_cU N 61F'=)R'1' SI_UI'. P _;.-,:00 NEWPORT BUK). TNP.IeIPi?F.T. bS:A;:H, Cr? <-ac:b::>S: TD NEWS ORT BEACH, CF7 -r:: 66"i+ 0• , .• -Attention'., .. ,=ti'i -f'L.t:l'! I Pub•: I.1(:iR I CFr•1 •. . Client No. 2-aoc••a•n/-r:5 Ordered By IdEtipOR'T BEACH C IT`! a;rTORHE( Subject Name PETER A. W I L•GP: Case No. Claim/File No. NONE 0 1 UEN Court Plft./APPI. NEWPORTT BEACH ITEM/RATE -,Vs. Deft.; ,t•GALLAOHEk `i-"Client-::F• ,,,• .- '.7M SERtI I CE% PROC?E2S£- , r:: Ins. Carr �.'4>`"•'y y?�yY•. ode`." . SEROED: PETER A. WILSON at 37 BEACON BAY, ; NEWPORT BEACH CA on 1 r/22/91 0A:03'Prn. -„ . ` •,`w;,,:=;_:; ., 60-DAY NOTICE TO QUIT AND•PAY RENT DATE: INV. NO.: 000E3954- . . . the time of service. A and the tenant was absent therefrom, and no person of suitable age•and discretion was found therein. 5,' Person Sel vi"n i,t:' LEE' SCP,S.^Attor4;oy Set^vice, Inc. 948 North Parton Street 'Santa Ana, Cal iforrli.e 92701 a. `Fee foi , service: 31. 5Q9 . d.. Reg'ister^ed'Cal'ifioirniia process''ser``L�r. (1) Employee or independent'contracta_rr (:i ) Regsl:rz t i r.in Nd.: PSC 508 ' {�.) L"c�7_Inty:.. Urange - _ I, •-iris i ll l.. .: C,G :!S (��,I • rz TV Citent 0 P, fq 0 �46/ Ordered By Subject Name $UqqN A,,,'�:*W-CLSQN Case Claim/ N Court Plft'./Appl. Vs. Deft. NEWOiORT GALL A,GHER Client Ins. Carr SERVED: SUSAN NEWPORT -BEACH, CA,ohi, -,I J,/EiZZ94 "Qq; oap 4 E�� 0 DATE Mg -A 4. ITEM/RATE - -'.'.AmOUNT J L Sub io,tu -I a CITY OF .N[tWPQjZT BEACH SIXTY DAY NOTICE TO PAY RENT OR QUIT AND NOTICE OF TERMINATION OF TENANCY TO: Peter A. & Susan A. Wilson 37 Beacon Bay Newport Beach, CA 92660 NOTICE is hereby given that under the terms of the lease dated February 28, 1990, between you and the undersigned by which you hold possession of the premises located at Beacon Bay Lot No. 37, Newport Beach, California, as shown on the map filed in book 9, pages 42 and 43 of Record of Surveys, in the Office of the County Recordef, - County of Orange, State of California (hereinafter "premises"), there is now due and unpaid rent for said premises in the sum of $4875.00 and accrued late charges of $292.50, for a total due of $5167.50. Within sixty days after service of this Notice on you, you are required to pay all sums in full by cashier's check or cash or to deliver up possession of the hereinafter described premises to the City of Newport Beach, who is authorized to receive the same, or legal proceedings will be. -commenced against you to recover possession of said premises, all rents due, damages and such other relief as the court is authorized to award. No payment less than .the full amount owed will be accepted. If said rent and days after the service hereby elects to and which you occupy the late charges are not paid in full within sixty of this Notice, the City of Newport Beach, does declare a forfeiture of the lease under premises. (� ) Robert L. Wynn City Manager Dated: August 20, 1991 c4-Le. 6�,a a ; m / City Hall 9 3300 Newport Boulevard 0 P.O. Box 1768 • Newport Beach, California 92658-8915 M CITY OF NEWPORT BEACH "Foac SIXTY DAY NOTICE TO PAY RENT OR OUT AND NOTICE OF TERMINATION OF TENANCY - TO: Peter A. & Susan A. Wilson � �j 37 Beacon Bay J Newport Beach, CA 92660 j off- 1 3 - � NOTICE is hereby given that under the terms of the lease dated February 28, 1990, between you and the undersigned by which you hold possession of the premises located at Beacon Bay Lot No. 37, Newport Beach, California, as shown on the map filed in book 9, pages 42 and 43 of Record of Surveys, in the Office of the County Recorder, County of Orange, State of California (hereinafter "premises"), there is now due and unpaid rent for said premises in the sum of $3,656.25 and accrued late charges of $195.00, for a total due of $3,851.25. Within sixty days after service of this Notice on you, you are required to pay all sums in full by cashier's check or cash or to deliver up possession of the hereinafter described premises to the City of Newport Beach, who is authorized to receive the same, or legal proceedings will be commenced against you to recover possession of said premises, all rents due, damages and such other relief as the court is authorized to award. No payment less than the full amount owed will be accepted. If said rent and late charges are not paid in full within sixty days after the service of this Notice, the City of Newport Beach, hereby elects to and does declare a forfeiture of the lease under which you occupy the premises. Robert L. Wynn City Manager Dated: February 26, 1991 ,(¢ - Q).,,.;t 29 i99/ City Hall • 3300 Newport Boulevard • P.O. Box 1768 0 Newport Beach, California 92658-8915 Y//�L17/ %'%_ G7aV 0 CITY OF NEWPORT BEACH SIXTY DAY NOTICE TO PAY RENT OR QUIT AND NOTICE OF TERMINATION OF TENANCY TO. Peter A. & Susan A. Wilson 37 Beacon Bay Newport Beach, CA 92660 NOTICE is hereby given that under the terms of the Lease dated February 28, 1990, between you and the undersigned by which you hold possession of the premises located at Beacon Bay Lot No. 37, Newport Beach, California, as shown on the map filed in book 9, pages 42 and 43 of Record of Surveys, in the Office of the County Recorder, County of Orange, State of California (hereinafter "premises"), there is now due and unpaid rent for said premises in the sum of $3900 and accrued late charges of $214.50, for a total due of $4114.50. Within sixty days after service of this Notice on you, you are required to pay all sums in full by cashier's check or cash or to deliver up possession of the hereinafter described premises to the City of Newport Beach, who is authorized to receive the same, or legal proceedings will be commenced against you to recover possession of said premises, all rents due, damages and such other relief as the court is authorized to award. No payment less than the full amount owed will be accepted. If said rent and late charges are not paid in full within sixty days after the service of this Notice, the City of Newport Beach, hereby elects to and does declare a forfeiture of the lease under which you occupy the premises. Dated: August 23, 1990 Robert L. Wynn City Manager City Hall 0 3300 Newport Boulevard 0 P.O. Box 1768 • Newport Beach, California 92658-8915 m T�Wport beach � BOULEVARD 2-AC H, CALIFORNIA 92663-3884 714-644-3121 STATEMENT OF ACCOUNT PLEASE RETURN WITH PAYMENT BILL-INb FOR P" THIS AMOUNT &729.17 I.V m Sea 71- 71 LT Si j5 ui rf Beach. Dfre p.o-vu iievWrt ItY of Newco Blvd., Newp oil Beach STATEMENT DATE FJ5/1 7 I9n. 2§' we are saying they,paid zero on.6/7/`901 but that is the way the program is..set :lip,. I believe..Thesqforie,- for'Auq�ist they owe auly;.+ penalty + August. 729.1% -.29.16.. ..%-729.17�.=J1.487.50 -D N�i71`11F AU GU,4T 1990 ,LI(On uniUl/YU IU_Vy�jl/YU nul unl e_ ��,�. ALSOUNILCUSZOMER_IAME CUSTDMER SiREEE�DRESS -CIlYIE_`._.1AST_P_YMT_AND.RATE__NEW_0ALANf MNTNLY PEE PREV BALANCE PENALTY SIT --- COMMENT CREDIT --- COMMENT L0062-0 M GRETCHEN ANDERSON 1611 RAMONA AVENUE $0 PASADENA CA 91030/0000 668.40 07-11-90 668.4C 668.40 0.00 0.00 L0063-0 SAMUEL ANDERSON 63 BEACON BAY NEWPORT BEACH CA 92660/0000 2,520.77 07-12-90 2,520.77 2,520.77 10.00 '. 0.00 L0064-0 MIN JOHN M WALZ 729.17 729.17 64 BEACON BAY NEWPORT BEACH CA 92661=1 29.16 July payment not received. Owes Julyy + 77A 17 + 7C)_1 0.00 lty + Fi + 06-07-90 A1�q�gt. 77e1_l 7_l_ 1.487.5C "g15(1 L0065-0 KATHLEEN A NORRIS 1003 DUMBARTON CIRCLE SACRAMENTO CA 95825/0000 251.83 07-11-90 251.83 251.83 0.00 0.00 76"6-0 MR & MRS MARK 66 BEACON BAY NEWPORT BEACH CA 92660/0000 834.73 07-16-90 E33.34 833.34 0.00 0.00 L0067=O 'V JENNETT.MANULIPE 1200,-WIL'SHIRE'BLVD 6TH FL LOS ANGELES @A 90017/0000, yy{{�� 248.58 06-27-90 248.5E . 248.58' 0.00 0.00� !F' L0068-0 V MICHAEL HAY 247.17 0.00 68 BEACON BAY 0.00 NEWPORT BEACH CA 92660/0000 7 247.17 07-11-90 247.11 L00WO- MARSHAL A'BECK 69 BEACON, BAY NEWPORT BEACH CA 92660/0000 259.84 07-09-90 259.8i 259.84 0.00.' 0.00- - CITY OF NEWPORT BEACH Office of City Manager (714) 644-3002 July 23, 1990 Peter A. & Susan A. Wilson 37 Beacon Bay Newport Beach, CA 92660 Subject: Overdue Lease Payments Dear Mr. & Mrs. Wilson: Our records indicate you acquired the leasehold interest in #37 Beacon Bay on March 1, 1990. Your lease with the City indicates a monthly lease payment of $1,218.75. The payment for the month of March was received from escrow on March 2, 1990. One other payment was received on May 2, 1990. As of this date we have received no other payments. Accordingly, lease payments for three months are now past due. Including late payments, the overdue amount is $3,997.50. The payment for the month of August is due August 1, 1990 and the total amount due will then be $5,216.25. Please make payment or contact me or my office before August 1, 1990. If we have not heard from you by that time the City will commence formal action to terminate your tenancy. Please feel free to call me directly. Sincerely, Kenneth J. eltno KJD:mb Deputy City Manager City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92658-8915 • 501 I '-" ODE ORDER NO. DATE DETACH AND RETAIN THIS STATEMENT DESCRIPTION ESCROW NO. 960-L BUYER : PETER A. WILSON SELLER : LESLIE L.'NEWQUIST PROPERTY : 37 BEACON BAY NEWPORT BEACH, CA NEW Lease payment for -March 1, 1990 SPRING MOUNTAIN ESCROW CORPORATION CORPORATE BRANCH CITY OF NEWPORT BEACH MEMORANDUM: Front EXECUTIVE ASSISTANT TO. .... FINANCE (EMMA) . FEBRUARY .26z.._......., RE: BEACON BAY LOT #37 3,r As of March 1, 1990, please change the billing amount on Beacon Bay Lot 37 to $1,218.752 and the billing name to Peter and Susan Wilson. Thank you. Reply wanted ❑ Reply not necessary ❑ Ne.a0- AMOUNT ,218.' !�" K ETH J. DELINO IUN DATE: '33/19/96 • CITY OF NEWPORT BEACH REPT NOR: MCS1 A L0022 •uu 3.437. 5U .uu •uu .uu �.44I. au .uu _00 23j_. 86 _ - .00 .00 .00 231.86 .00 A L0024 .00 510. 42 .00 .00 .00 510.42 .00 4 L0025 .00 283.26 .00 .00 .00 283.26.00 R U3026 .00 284.81 _ - .on .00 .00 284.81 .00 A L0021 15.81- 286.37 .00 .00 .00 270.56 .00 A L0028 ,.00 344.81 j - .00 .00 .00 344.81 .09 4 I nn99 1:2A1 J5 1,281.25 '�51,25 .00 .00 au 2 61.3: 5 A L003U .00 295.93 .00 .00 .00 295.93 .00 A Lp031 .00 11026.67 .00 .(M .00 1.(326.67• .00 f• .no n0 LOn 299.n4 .00 A L0033 .00 300.59 .00 .00 .00 300.59 .00 1 L0034 .00 371.22 .00 .00 .00 ,' 371.22 . .00 A I_o035___ .i1D 314.69 _-nn. .nn .nn - 314.69 .00 i L0036 .00 316.25 .00 .00 .00 316.25 .00 1 L0037 .71 Y.218•,75 .. 2 March paid ''(3/6/90n')' 00 714.�irev. .00 bal:n+ 1.218.75 2¢ Penal�;y .00 waived. nn L0039 .00 760.42 .00 .00 .00 760.42 .00 L0040 427.80 927.80 37. 1-1 .00 .00 927.80 964.91' y I.00.41 .n0 309.97 .00 .00 .00 309.97 .00 1 LOC92 .00 316.25 .00 .00 .00 316.25 .00 1 L00413- .00 937.50 .00 .00 r'.00 937.50 - .00 LA0.44 00' 319. 35 00 00 .00 319.35 :00 L0045 .00 338.07 .00 .00 .00 338.07 .00 , .sJ... - , - , 'I" u.m >4w ;., 61 -, w I In,- -I' " , •y.%+i(: •'a,.p+.;.VPy•1, ,t !�' . ril„.�l�i:'�1�.iil;'�ii�V��:�•(Arytt•:�„'; �!' (4 M,�+ 'f q{ •(t t,C •, nl �Rj }1` .,%1 1Sl :4T t,'G.' •^r't c..4 Sr1}1' •1 i:t, f, jS Y"71�,,t�,li}�'(�r T�C�' i•l{�' �,,, •.�} ,%} ei'f '< \f'F r f§ C` •'N'i i ,r 'l i' ii� C EPTt BB550 O BY / A BALBOA YACHT BASIN BEACON PAGE 7 'UN DATE: 04-18-90 BEACON/BALBOA - R/REC BEFORE BILLING CCOUNTN CUSTOMER INFO CR AMT DR AMT .PAY ANT PAY DATE UT AMT FEE PENALTY BALANCE DUI• -0034-0 M/M GERALD A BEAVER 0.00 0.00 '. 371.22 04/12/90 0.00 0.00 0.00 0.00 34 BEACON BAY " -0035-0 ENID HROMADKA 0.00 0.00 314.69 04/10/90 0.00 0.00 0.00 0.00 NEWPORT REACH CA 92660 - _. _. v.vv ...... 36 'BEACON BAY NEWPORT BEACH CA 92660 _ -0037-0 PETER & SUSAN WILSON 0.00 0.00 0.00 03/06/90 0.00 1,216.75 0.00 1,218.75 37 BEACON BAY Did not pay & EACFT-CFl�2S63 Y C -003E-0 LILLIS H MOREAN 0.00 0.00 0.00 03/01/90 0.00 315.03 0.00 315.03 NEWPORT BEACH CA 92660 ' 39 BEACON BAY NEWPORT BEACH CA 92660 -0040-0 MARY ANN PRICE 0.00 0.00 0.00 03/12/90 0.00 1.855.60 74.22 1,929.82 40 BEACON BAY -0041-0 JAMES F ENGLISH 0.00 0.00 309.97 Q4/16/90 '0.00 0'.00 0.00 0.00 .w NEWPORT BEACH CA 92660 _ _ . - • • J 42 BEACON BAY NFWRnRT RFACH CA 92660 -0043-0 ROBERT L THORNE 0.00 0.00 937.50 03/29/90 0.00 0.00 0.00 0.00 43 BEACON BAY ---NEWPOM`PEA -0044-0 DR JACK ANDREWS 0.00 0.00 319.35 04/02/90 0.00 0.00' 0.00 0.00 ---wR�TRRENTW00D-ORI V -ROB1lV5 45 BEACON BAY NEWPORT BEACH CA 92660 sport Beach _ _ t ,., BOULEVARD EACH, CALIFORNIA 92663-3884 • STATEMENT • jEPT 714-644-3121 OF ACCOUNT PLEASE RETURN WITH PAYMENT LDT p G1aT fwk.itCnSti i;TiY r•CI /#fv1OUNT PONN4 Of RPkLI`; 19i�T1, r� z r r x 'r s�k..= r.ro aY Na.�+.,,c,�yi£:• , i , ..x r. •� �. ,c Mh;.,-'x "AY THIS nliCsti�T �I��i�ri5 �,. r V,(✓ � 9 �_m", , Yf ram, P{ a -v �`s t .i F 11:e ' -�1 ;t': �iR41 x 4s,, r• x 4T` �Vt w'�r�iL7 u R` 4x'�#T1 4gCMARGE idYLi TO 1 AGC4Eifti 2t f. { "" t ase:make chedk"Payable to`tityaf Newport`Be LOT # ,9G37 correspondence, to Finance Director, City c, $Fj$ A pY , yj ji„ 5{t,�j Beach, 3300 Newport Blvd., "ce Beach , �9 ii�Ai O>rt . FfA Y DATE n Ci4/3gI4Ci • ! I PAY= OF $1,218.75 RECEIVED 5/2/90 FOR APRIL. MAY PAYMENT NOT RECEIVED. ' ,` }+': eft. % �'1.; 6 . (', '.:v��:i is ;, .: .. {{ - r.r r'+},•yr1. ,J. .. +,^'+i 't 4 �l�.i.. •• r. .retiS:n'I�: t. : ii q.' �(. 'v,,; S: EPT: 8B550 BEACON BAY / BALBOA YACHT BASIN PAGE UN DATE: 05-16-90 BEACON/BAL80A - A/FEC BEFORE BILLING CCOUNT41 CUSTOMER INFO CR AMT DB AMT PAY AMT PRY DATE UT AMT FEE PENALTY BALANCE DUET -0034-0 M/M GERALD A BEAVER 0.00 0.00 371.22 05/10/90 0.00 0.00 0.00 O.t 34 BEACON BAY NEWPORT BEACH CH 92660 -0035-0 ENID HROMADKA - 0.00 0.00 35 BEACON BAY NEWPORT BEACH CA 9E660 -0036-0 IDA I DAVISON 0.00 0.00 36 BEACON BAY NEWPORT BEACH CA 92660 J L-0037-0 PETER L SUSAN WILSON 0.00 0.00 37 BEACON BAY NEWPORT BEACH CA 92663 0038 0 LILLIS H MORGAN - 0.00 0.00 38 BEACON BAY NEWPORT BEACH CA 92660 .-0039-0 WILLIAM D. WILKERSON 0.00 0.00 39 BEACON BAY ra 4?AAO _ i O5/-1 OE/90 0.00 1.218.75 48.75 1 wed 5/2/90 (for ADril). 40 tlGHla1N tlRT - NEWPORT BEACH CA 92660 041-0 JAMES F E G I H 0.00 0.00 309.97 05 0/90 0.00 0.00 '0.00 .Od 41 BEACON BAY NEWPORT BEACH CA 92660 .-0042-0 PAUL E STILLMAN 0.00 0.00 316.25 04/23/90 0.00 0.00 0.00 0.0C 42 BEACON BAY ' a_u c. w ra 9PAA0 _ __ 43 BEACON BEACH NEWPORT BEACH CA 92660 9837 _00y9=Q.�ILJ8BRREN O o0 0.00 I 9837 TWOOD DRIVE SANTA ANA CA 92705 r0045-0 TED R RUBINS 0.00 0.00 45 BEACON BAY, _`-._.NEW20RT_BEACH-CA 926Ao - --- 7 05/07/90 0.00 0.00 0.00 lllp,.'`. ,•;;,'u"ls;,�;:,{{„,E;ppr,:;s;,i��f:,yi';!'�": ."t:,l;•s�: KEPT: BB550 BEACON BAY / BALBOA YACHT BASIN PAGE RUN DATE: 06-19-90 BEACON/BALBOR - A/REC BEFORE BILLING ACCOUNT# CUSTOMER INFO CR AMT DB AMT PAY ANT PAY DATE UT AMT FEE PENALTY BALANCE DU L-0034-0 M/M GERALD A BEAVER 0.00 0.00 371.22 06/12/90 0.00 0.00 0.00 O.OI -FlCWI�HFTY NEWPORT BEACH CA 92660 -'0': Op--'O: C/V V.v pE/pG/9p'-0-pp-- 35 BEACON BAY NEWPORT BEACH CA 92660 L-0036-0 IDA I DAVISON 0,00 0.00 317.47 06/04/90 0.00 S16.25- 0.00 316.2 36 BEACON BAY L-0037-0 PETER & SUSAN WILSON 0.00 0.00 0.00 05/02/90 0.00 2,437.50 97.50 2,535.0 1 n pay une,; as paymen YeC-� el-V . b!219O- NEWPORT BEACH CA 92663 MUKURM... -0572u.Qu u.00�000't 38 BEACON BAY NEWPORT BEACH CA 92660 L-0039-0 WILLIAM D., WILKERSON 0,00 0.00 760.42 06/05/90 0.00 0.00 0.00 OA, 39 BEACON BAY NEWFUR, BEACH CA V�680 L-0040-0 NARY ANN PRICE 0.00 0.00 964.91 06/18/90 0.00 0.00 74.22 74.2, NEWPORT BEACH CA 92660 t ou'll-"O JAMCG F EI3GCISH � O.CrO 0.00�09:9' 41 BEACON BAY NEWPORT BEACH CA 9�660 L-0042-0 PAUL E STILLMAN 0.00 0.00 632.50 05/29/90 0.00 316.25- 0.00 316.2; 42 BEACON BAY NEWPOR. MRC L-0043-0 RODERT L THBRNE 0.00 0.00 90n. OU 05/29/90 0.00 37.50 0.00 37, 5, NEWPORT b CA 42660 ' t-004'4-0-OR lACM1"Am' - O:OB--O. 00 f0 x 9837 BRENTWOOD DRIVE. SANTA AMA CA 92705 L-0045-0 TED R RUBINS 0.00 - 0.00 _ 338. 0'/ 06/01/90 0.00 0.-)0 0.00 0.0, 45 BEACON BAY EACPI-CA- BEACON BAY / BALBOA YACHT BASIN I-OOa4-A M/M RFRCIR p RPAVER- A AA AA 91 P p9/ /00 A p 34 BEACON BAY - NEWPORT BEACH CA 92660 I L-0035-0 ENID MADKA 0.00 0.00 314.69 07/11/90 0.00 0.00 0.00 0.0 35 BEACON 35 BEACON BAY NFWpORT REACW Cp 9p6A0 L-0036-0 IDA I DAVISON 76 R_ 0.06 0.00 316.25 07/11/90 0.00, 316.25- �. 0.00, // 16.2 NEWPORTBEACH NEWPORT BEACH CA 92660 /--- 37 BEACON BAY July payment not rec edj last pdymen receiv 5 90. NEWPORT BEACH CA 92663 L-0038-0 LILLIS H MORGAN 0.00 0.00 315.03 06/27/90 0.00 0.00 0.00 O.0 3B BEACON BAY NEWPORT 11PAC13 CA 9PAAQ L-0039-0 WILLIAM,,D.. WILKERSON aR dwpr0. a 0.00 0.00 7.60.42 07706/90 0.00+ O'.00 O..00t 0•.0 NEWPORT BEACH CA 92660 MARY 1 `/kl, p� -0040-0 ANN PRTrc I1_pA (1 PPI 40 .BEACON BAY NEWPORT BEACH CA 92660'„ qq ' -0041-0 JAMES F ENGLISH 0.00 0.00 309.97 07/09/90 0.00 0.00 0.00 0.1 41 BEACON BAY r0042-0 PAUL E STILLMAN 0.00' 0.00 0.00 05/29/90 0.00 0.00 0.00 O.O� 4P REAGON�BY -0043-6 NEWPORT BEACH RDRFRT i T41flRNF CA 92660 00 n R ,� R(1 ./ n0 ^ nn e . 43 BEACON BAY NEWPORT BEACH CA 92660 a u 0044-0 DR JACK ANDREWS 0.00 0.00 319.35 07/05/9O 0.00 0.00 0.00 _ 0.0 9837 BRENTWOOD RpNTp pNp DRIVE r n a -0045-0 TED R RUBINS 0.00 0.00 338.07 07/09/90 0.00 0.00 0.00 a� Z 0.0 45-BEACON-BAY ) NEWPORT BEACH CA 92660- ro > n >9 ).1 EW PO CITY OF NEWPORT BEACH qy� Foa��P SIXTY DAY NOTICE TO PAY RENT OR QUIT AND NOTICE OF TERMINATION OF TENANCY TO: Mr. Robert Howard 3 Beacon Bay Newport Beach, CA 92663 and Any Tenant in Possession. NOTICE is hereby given that under the terms of the Lease dated January 1, 1988, between you antheundersigned by which you hold possession of the premises 1 ated at Beacon Bay Lot No. 3, Newport Beach, California, as shown on the map filed in Book 9, Pages 42 and 43 of Record of Surveys, in the Office of the County Recorder, County of Orange, State c4f California (hereinafter "Premises"), there is now due and unpaid rent for said premises in the sum of $6,197.95 and accrued late charges of $516.06 for a total due of $6,714.01. Within sixty days after service of this Notice on you, you are required to pay all sums in full by cashier's check or cash or to deliver up possession of the hereinafter described premises to the City of Newport Beach, who is authorized to receive the same, or legal proceedings will be commenced against you to recover possession of said premises, all rents due, damages and such other relief as the court is authorized to award. If said rent and late charges are not paid in full within sixty days after the service of this Notice, the City of Newport Beach, hereby elects to and does declare a forfeiture of the lease under which you occupy the premises. Dated: June 20, 1989 i�� 1�`u r 4: •! Robert L. Wynn City Manager City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEA*CH MEMORANDUM: From EXECUTIVE ASSISTANT Tp FINANCE (EMMA) FEBRUARY 26 ....................................................................z...._....... 18.99. RE: BEACON BAY LOT #37 As of 'March 1, 1990, please change the billing amount on Beacon Bay Lot 37 to $1,218.75, and the billing name to Peter and Susan Wilson. Thank you. Reply wanted ❑ Reply not necessary ❑ NO-20- :1; sy. .... .......f ....................... -- ETH J. DELINO A �hf; x*` =!li}SPPJNG Branch Telephone Date 2-22-90 Escrow No. 960-LK Your Loan No. Newquist to Wilson file City of Newport Beach Attn: Ken Delino Office of City Manager 3300 Newport Blvd, Newport Beach, CA Ken, In connection with the above references, we enclose: Certified copy of escrow instructions Certified copy of amended escrow instructions Copy of preliminary title report .— Original, executed note Copy of executed deed of trust -- original sent to title company Truth in lending (regulation'•Z") statement ---- Executed and notorized Memorandum of Lease by buyer — cfecuted and notorized Termination of Lease by seller Lease (in duplicate) by buyer **PLEASE HAVE THE APPROPRIATE CITY OFFICIALS EXECUTE ACCORDINGLY, AND CALL US WHEN READY FOR PICK-UP SO WE MAY FORWARD TO TITLE COMPANY FOR RECORDING, SCHEDULED ON TUESDAY OF NEXT WEEK, 2-27-90. MANY THANKS!! Upon receipt of the above, please: Sincerely, Hold for your use in processing the above referenced loan. File with your closed loan package. Hold for funding until further authorized by the undersigned. Fund on Please advise the undersigned what charges, including prepaid interest; will be deducted from your proceeds. Escrow Corporation Linda br¢her, Escrow mgr. Enclosure(s) EC 1182 (1/86) 4 =4SPMNG MOUNTAIN ,.s - O cRro�v AlMeet RARCiMR 2101 P.O. E. Coast Highway, Third Fl. Box 9769 Relyport Bcach, CA 92658 f . (714) 721.6491 0 0 CITY OF NEWPORT BEACH Office of City Manager (714) 644-3002 February 6, 1990 Ms. Linda Karcher Escrow Manager Spring Mountain Escrow Corp. 2101 E. Coast Hwy., Suite 350 P.O. Box 9769 Newport Beach, CA 92658 Reference: #37 Beacon Bay Escrow No. 960-LK Dear Linda, Enclosed are the following documents pertaining to the above referenced escrow: 1. Lease between Peter and Susan Wilson and the City of Newport Beach 2. Memorandum Of Lease 3. Termination of Lease to be signed by the Seller, Leslie L. Newquist Please note that the Termination of Lease and the Memorandum of Lease require notarization of signatures. The current lease amount due the City by February 15, 1990 is $845.72. The new monthly lease amount is $1,218.75. After documents are signed and notarized, please return to the City for signatures. Sincerely, KennAethJDelino Executive Assistant Enclosures City Hall 9 3300 Newport Boulevard 0 P.O. Box 1768 ! Newport Beach, California 92658-8915 RECEIVED FROM CIT)WF NEWPORT NEWPORT BEACH, CALIFORNIA DATE BEACH IV RECEIPT 92663 No.48097 494-1 7u &rp . '�Z/'1 Oa DEPARTMENT _ SPRING MOUNTAIN ESCROW CORPORATION "Coos oaoeRso. - COBPORAT.E'BRANCH' ti - DETACH AND RETAIN THIS STATEMENT" ,DATE _ - - - - --D'ES,C RA-P TTO_N AMO.UfflT - 02/01/90 - _"-- " = ESCRQW �10. 9,60, LK BUYER :'PETER -A. WILSON -_ SELLER : LESLIE L. NEWQUIST' PROPERTY : 37 BEACON .BAY' NEWPORT BEACH; CA' _ j) -Lease trinI•fee = • ESCROW •. a 0 R P 0 January 30, 1990 THIS NEEDS IMMEDIATE ATTENTION, AS ESCROW TO CLOSE SHORTLY.... PLEASE CALL ME WHEN DOCUMENTS CITY OF NEWPORT BEACH ARE READY AND WE WILL ARRANGE FOR PICK-UP. Many*Thanks. City Manager 3300 Newport Blvd., Newport Beach, CA Attn: KEN DELINO/ Marion Dear Ken, Enclosed for your records is the certified copy of escrow instructions for property 37 Beacon Bay, Newport Beach, CA along.with our check for $50.00 . per your request. Please issue the Memorandum of Lease, Termination of Lease and new lease for buyer ( Peter A. Wilson and Susan A. Wilson, husband and wife - compdete*vesting to follow) for the above property in escrow. Also please forward us your statement reflecting the status of existing lease payments on property and any transfer fee(s) applicable. Existing owner: Leslie A. Newquist Please call if you haver, any questions. Many thanks for your continued cooperation. Sincer inda a crYer� 6Es M ager / FE80s 1990 j Corporate Branch 2101 E Coast Highway Suite 350 P.0 Box 9769 Newport Beach, CA 92658 714.721-6491 SMEC_#30 FROM: LINDA KARCHER ISPRING MOUNTAIN GROUP ADDRESS: TEL No. 714 721 SPRING MOUNTAIN -FACSIMILE SH-ET CIT=/STATE/KT-D NEWPOnT BEACH Ck 92625 R;TURN FAX NUM'Z (7l4) 72S-a438 FHONE NUMBER TO: COM NUMBER (714) 721-64t / 0-?AGES INCLUDING THIS PAGE_ ! ADDRESS: PHONE, NUMBER: 'z.'33 ri Fix. () for your coam:ents () as you regested () Please call me about this () as we discussed W 0438 an m 15,90 15:03 P.01 Lz,�Ct' 3 7 ( ) for your file 71 VAX Corporates s 2 01 E, Coast Highway Third Floor P,O, ax 97c Newo i ch, CA S2 8 EXEMPT RECORDING RAESLPER $S-3Z469 GOVERNMENT CODE 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Newport Beach 3300 Newport Boulevard F$7j0Newport Beach, CA 92663 Attn: Kenneth J. Delino This between the and A. HALE IlLessee.11 ,Recorded at the request of GUARDIAN TITLE COMPANY 8:00 " A.M. JUL 71988 Official Records Orange County, California Q, � Recorder agreement is made this ?3 day of June, 1988, by and CITY OF NEWPORT BEACH, hereinafter called '$Lessor," DINSMOOR and KATHRYN DINSMOOR, hereinafter called RECITALS A. Lessor and Lessee executed a lea and subsequently recorded in Book — , County Recorder of Orange County, Californ 88-137676. By the terms of the lease, thi property was leased to Lessee for a term of commencing on January 1, 1988, and ending Beacon Bay, Newport Beach, California 92660; se on January 1, 1988 Page —^ , of the La as Instrument No. t following described eighteen (18) years,. on July i, 2006, 37 and B. Lessee desires to terminate said lease and all rights to the possession of the lease premises and to release Lessor from its obligations under the lease, and Lessor desires to accept said termination and to release Lessee from their obligations under the lease. AGREEMENT Lessee agrees to terminate the lease and vacate the premises as described hereinabove as of Qu /Ui .9 / 998' , and Lessor agrees to accept such terminatidnad the premises, and Lessor and Lessee agree to discharge and release each other from all obligations under the lease as of said date. Executed at Newport Beach, California, on the day and year first above written. CITY` 'NEWPORT BEACH Robert L. Wynn, City Manager IlLessoril A. HALE DINSMOOR KATHRYN DIN MOOR Witness /by: ' EDIE OLSON STATE OF CALIFORNIA, l N. COUNTY OF ��))pp On this the gy� y 0f� 19Po before me, the undersigned, a a�ry/ Publl and for said County and State, personally appeared�O�t _, personally known to me to be the person whose name is subscribed to the iPithin instrument as a witneskthereto, who being by me duly sworn, deposed and said: That 4�Q�+ C7 „Ls7C�Yl. personally known to be that person described ,{ in, and whose name is su scribed lo the within and annexed instrument, `Iexecute the same; and that affiantsubscribed ��-- a I name there witness to said execution. < N "� Signatur� hO SAFECO TITLE INSURANCE FOR NOTARY SEAL OR STAMP OFFICIAL S tlt�l PAMELA MARIA REEIICHARDT tl/ k"f0blb:—Califomla ORANGE COUNTY •w MY Comm. Exp. May 10, 199i �r y STATE OF CALIFORNIA 89. COUNTY OF ORANGE 88-324693 On this ` e 4day of , 1988, before me, the undersigned, a Notary Public and for said state, personally appeared ROBERT L. WYNN, known to me to be the City Manager of the City of Newport Beach, known to be to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. OFFICIAL SEAL DOROTHY L. PALEN NOTARY PUBLICCALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY Rota Public —En and for said State. My Commission Exp. Apr. 5,1989 � (SEAL) STATE OF COUNTY OF ORANGE On the the undersigned, personally appeared to me (or proved to be the person that me that she executed (SEAL) ss. day of , 1988, before me, a notary Public in and for said State, A. BALE DINSMOOR and KATHRYN DINSMOOR, known me on the basis of satisfactory evidence) to executed this instrument, and acknowledged to the same. WITNESS my hand and official seal. Notary Public in and for said State. CITY O NEWPORT BEAH MEMORANDUM: FrOM EXECUTIVE ASSISTANT To E!Mn (FINANCE) RE: 37 Beacon Bay -July-5.................... la.s.$-. Effective July 5, 1988, please change the billing on the above property to: Leslie L. Newquist 37 Beacon Bay Newport Beach, CA 92663 s Reply wanted ❑ Reply not necessary p ByICt�'YiY1E NE•2a• �F% •`0 y i•, .: ., ,Y hi. r • yk ;v.%4M1MiY" �✓y::'.'w1.k.. :..`?,,. c'.•'rl m.�^. «'::4.;i'Y�'17`•%��w A✓Y�"„7�.�•v�S; "�'.Fr,'^: y^YH.:, Ax'�'t.,.�' •-risK� n_•.r. {: . - ... , ''b'., t... _ .... .q,J� S a3�r. ,.CYA J4,:[i; fY(�:'"-^..�.r•... 0 2121 E. Coast Hwy,. Ste. 120-B Corona Del Mar, CA 92625 (714)644-9390 ESCROW SERVICES June 29, City of Newport Beach Escrow #: City Manager's Officer Property: Attn: Ann Finn 3300 Newport Blvd. Newport Beach, CA 92660 Dear Ann: We enclose herewith the following items: 1988 5-5272-J 37 Beacon Bay Newport Beach, CA 92663 - Memorandum of Lease - 2 copies of Lease - Please call when these are ready to be picked up. I can take them to the mayor's place of work to be signed. As I have told you, we are planning to close around the 6th of July, so I need these documents back as soon as possible. - Thank you! Very truly yours, COLDWELL BANKER ESCROW SERVICES, INC. Jamie MacLeod, Escrow Officer CITY OFNgQEWPORT BEACH �EIPT� ",� 20838 NEWPORT BEACH. CALIFORNIA 92683 .. � /P�, No: ��/POgN�P 19 jJ� OGTE DEPARTMENT BY ESCROW BANKER DETACH AND RETAIN THIS STATEMENT. • 006841 ESCROW SERVICES TIWOREO CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF flflECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED CHECK NO: 006841 DATE: 06/23/88 Escrow No.: 5-5272-J AMOUNT OF CHECK: 50.00 Property Address: 37 Beacon Bay Newport Beach, CA 92663 Lease Transfer Fee 0 • �s ESCROW SERVICES 2121 E. Coast Hwy,. Ste. 120-B Corona Del Mar, CA 92625 (714)644-9390 City of Newport Beach City Manager's Office ATTN: ANN FINN 3300 Newport Blvd. Newport Beach, CA Dear Ann: June 23, 1988 Escrow #: 5-5272-J Property: 37 Beacon Bay Newport Beach, CA 92663 We enclose herewith the following items: - Check for $50.00 Representing transfer fee per your request. - Copy of escrow instructions. - Conformed copy of recorded Memorandum of Lease. Very truly yours, COLDWELL BANKER ESCROW SERVICES, INC. j r Jamie MacLeod, Escrow Officer CITY OF NEWPORT BEACH Office of City Manager (714) 644-3002 June , 1988 Coldwell Banker Escrow Company 2121 E. Coast Highway, Ste. 120-B Corona del Mar, CA 92625 Attn: Jamie Re: #37 Beacon Bay Dear Jamie: Enclosed are the following documents relating to the above entitled escrow: 1. Lease between Leslie L. Newquist and The City of Newport Beach. 2. Memorandum of Lease; 3. Termination of Lease; 4. Consent to Assignment and Agreement to Lease 'Please note that the Termination of'Lease.and the Memorandum of Lease both require Lessee's signature to be notarized. There is a $50.00 transfer fee due to the City of Newport Beach upoft each transfer of title. If you have any questions, please do not hesitate to call. Sincerely,' KENNETH DELINO EXECUTIVE ASSISTANT f atf enclosures City Hall 0 3300 Newport Boulevard, Newport Beach, California 92663 L-1 11 •ESCROW SERVICES 5�17:� 2121 E. Coast Hwy,. Ste. 120-B Corona Del Mar, CA 92625 (714)644-9390 ESCROW MODIFICATION Property Address: 37 Beacon Bay, Newport Beach, CA Jamie MacLeod, Escrow Officer June 16, 1988 ESCROW NO. 5-5272-J Buyer and Seller agree that the Real Estate purchase contract and previous instructions are hereby modified/supplemented in the following particulars: THE NOTE IS TO RECITE: "Payments received later than 15 days after due shall incur a late charge of 5% of the installment due or $5.00, whichever is greater." Contrary to the original escrow instructions dated June 15, 1988, the note and deed of trust will NOT contain the following clause: "In the event Trustor sells, conveys or alienates title to property secured hereby, the Note shall become immediately due and payable at the option of the holder hereof." The buyer has until June 21, 1988 to review and approve of the lease. ALL OTHER TERMS AND CONDITIONS OF THE ABOVE NUMBERED ESCROW ARE TO REMAIN THE SAME. END Buyers Signature LESLIE L. NEWQUIST Sellers Signature A. HALE DINSMOOR KATHRYN DINSMOOR W 2121 E. Coast Hwy,. Ste. 120-B Corona Del Mar, CA 92625 (714)644-9390 ESCROW SERVICES TO COLDWELL BANKER ESCROW SERVICES, INC. Jamie MacLeod, Escrow Officer June 13, 1988 Escrow No. 5-5272-1 - CASH THROUGH ESCROW .................................................. $ 39,000.00 (of which the sum of $10,000.00 has been deposited herein by buyer) - Trust Deed to file in favor of Seller (New First) ..................... $ 351,000.00 TOTAL CONSIDERATION..................................................... $ 390,000.00 The legal description of the property is: THE LEASEHOLD INTEREST IN AND TO: Lot 37, as shown upon a Record of Survey Map recorded in Book 9, pages 42 and 43, Record of Surveys, on file in the office of the County Recorder, Orange County, California, together with certain portions of adjoining Lots D and E, as shown upon said map. PROPERTY ADDRESS: 37 Beacon Bay (Not Verified) Newport Beach, CA 92660 TITLE TO APPEAR VESTED IN: LESLIE L. NEWQUIST, BUYER(S) TO CHECK ONE OF THE FOLLOWING: ( ) as joint tenants ................................ ( ) as community property ( ) a single woman (never married) .................. ( ) a single man (never married) ( ) an unmarried woman (divorced) ................... ( ) an unmarried man (divorced) ( ) a widow ......................................... ( ) a widower ( ) each as to an undivided (equal) interest, i.e., tenants in common ( ) none of the above, TITLE TO BE VESTED AS FOLLOWS: (Please type or print) FINANCIAL TERMS Escrow holder is authorized and instructed to prepare on your usual form, a Note and Deed of Trust in the amount of $351,000.00, dated as written, in favor of the seller as currently vested; to be executed by the buyer. Interest shall accrue at the rate of 9.5% per annum, from the close of escrow, payable in monthly installments of $2951.40, or more, beginning 30 days after the close of escrow and continuing on the same day of each and every month until two years after the close of escrow, at which time interest shall accrue at 10% per annum on the then outstanding unpaid principal balance of approximately $346,247.75, payable in monthly installments of $3,074.54, or more beginning two years and 30 days after the close of escrow and continuing on the same day of each and every month until 10 years after the close of escrow, at which time the entire balance of principal and interest is all due and payable. (The above payments are based on a 30 year amortization schedule, with the payments due after 2 years based on what the principal balance will be after 2 years if all payments are made and no additional principal payments are made.) THE NOTE TO RECITE: This Note is subject to Section 2966 of the Civil Code which provides that the holder of this Note shall give written notice to the Trustor, or his successors in interest of prescribed information at least 90 and not more than 150 days before any balloon payment is due." THE NOTE AND DEED OF TRUST TO RECITE: "In the event Trustor sells, conveys or alienates title to property secured hereby, the Note shall become immediately due and payable at the option of the holder hereof." Escrow holder is instructed to order a Type-H tax service contract on behalf of the (These instructions are continued on page two attached hereto and made a part hereof.) Buyers Signature LESLIE L. NEWQUIST Sellers Signature A. HALE DINSMOOR KATHRYN DINSMOOR C Page 2 ESCROW SERVICES Escrow No.: 5-5272-J June 13, 1988 (Instructions continued from page 1) seller at the close of escrow, charging the buyer's account for same. The note shall not contain a prepayment penalty clause. At the close of escrow, escrow holder is authorized and instructed to charge the buyer and credit the seller $10,000.00 representing a 2.5641% loan origination fee. -Buyer is to submit a financial statement by June 24, 1988 to the seller for seller's approval. ESCROW HOLDER IS RELIEVED OF ANY RESPONSIBILITY AND/OR LIABILITY FOR THE DETERMINATION OF SUFFICIENCY OF EQUITY IN SUBJECT PROPERTY OR WITH THE BUYER'S CREDIT WORTHINESS. SELLER IS RELYING ON HIS OWN INVESTIGATION OF SAME. Seller's failure to deposit into escrow written disapproval of buyer's financial statement within 3 days of receipt of same shall be deemed seller's approval of same. PURSUANT TO THE REAL ESTATE CONTRACT DATED June 8, 1988 AND COUNTER OFFERS DATED June 9, 1988, June 10, 1988 and June 11, 1988. We have caused to be delivered to you a copy of the Real Estate Contract and Receipt for Deposit relating to the above -referenced property. Buyer and Seller agree that the Sale Contract also constitutes joint escrow instructions to you as Escrow Holder. YOUR DUTIES AND RESPONSIBILITIES ARE LIMITED TO THOSE SPECIFICALLY STATED HEREIN. You are relieved of all responsibility or liability for all other terms and conditions of the Sale Contract. You are instructed as follows: 1. When you can obtain for Buyer an ALTA residential policy of title insurance, with the Title Company's exceptions, having a liability of the purchase price and when you hold for the Seller a sum of money equaling the purchase price less any loans, liens, bond assessments, taxes and prepayment penalties as per the Sale Contract, you are to prepare and record a grant deed on your usual form executed by Seller showing title vested as per Buyer's request. 2. ESCROW CLOSING DATE TO BE ON OR BEFORE July 5, 1988. 3. Order demand/payoff statement on existing liens and loans, if applicable, AND/OR order beneficiary statement(s) on loan(s) of record being taken over by the Buyer, comply with lenders' requirements and pay costs of obtaining said statements from Buyer's funds on deposit. Provide copies of beneficiary statements(s) to Buyer, Seller and their agents. Buyer's signature on the beneficiary statements(s), Note and Trust Deed constitute Buyer's approval of the terms and conditions of the existing loan(s). Charge Seller for any delinquent payments, if applicable. 4. Obtain a statement from the homeowners association as to the current status of the dues, charge Seller with any due, but unpaid assessments, charge the Buyer with transfer fee and prorate the current month to close of escrow. In the event Seller is unable to provide association documents as described in the Sale Contract, Escrow Holder will order same and charge Seller. 5. Make all prorations and adjustments (debits/credits) and pay all fees and charges, including commissions, according to the terms and provisions of the Sale Contract. I/We agree to pay escrow fees and charges as per current schedule, including messenger fees if applicable. 6. Provide copies to Buyer and Seller and their agents of any notices received from the other party or their agents. (These instructions are continued on page 3 attached hereto and made a part hereof.) Buyers Signature Sellers Signature LESLIE L. NEWQUIST A. HALE DINSMOOR KATHRYN DINSMOOR • 0 Page 3 ESCROW SERVICES Escrow No.: 5-5272-J June 13, 1988 (Instructions continued from page 2) 7. Notify the parties and their agents if the deposit check is not received or is returned uncollected by the bank. 8. Escrow to close on or before the time set forth in the Sale Contract. However, you may close escrow after that date unless the Sale Contract is terminated per paragraph 19 of the Sale Contract; or Buyer or Seller has made written demand upon you for the return of monies or document deposited by him, in which event you are instructed to prepare cancellation instructions. 9. Each party acknowledges that the close of escrow is conditioned on check clearances. Funds to close must be in the form of a Cashiers Check drawn on a bank with clearing house in the State of California OR be wire transferred to Coldwell Banker Escrow's Trust Account two (2) days prior to recording of documents. All final funds in excess of $100,000.00 must be wire transferred. 10. Release sufficient funds from monies on deposit to pay for credit report, appraisal, city reports, lender or association statements which may be required to be paid in advance. These monies are not refundable regardless of the consummation of this escrow. At the close of escrow, escrow holder is authorized and instructed to charge the seller $29.00 and reimburse any party depositing a paid receipt for the City of Newport Beach Inspection Report. 11. In the event Escrow Holder is not notified, in writing of disapproval of inspections, reports, and/or contingencies contained in the Sale Contract, contingencies are waived and conditions are approved. 12. Buyer and Seller herein are aware that the property will be reassessed by the Tax Assessor as of the close of escrow. As Escrow Holder, you are hereby relieved of any and all responsibility and/or liability in connection with any future or revised tax bills. 13. Buyer herein will furnish this escrow with a "Preliminary Change of Ownership Report" which shall be presented to the County Recorder at the time of recordation of the Deed for the subject property. Should Buyer decline to complete said "Preliminary Change of Ownership Report" or should the county recorder reject said report at the time of recordation, Buyer (or seller if required by lender) will be assessed with an additional $20.00 surcharge by the County Recorder, which shall be charged to the Buyer's account (or to Seller's account if required by lender) in this escrow. Further, in such event, a Standard Change in Ownership Statement (Revenue and Taxation Code, Section 480) will be mailed to the Buyer by the Office of the County Assessor. Failure of the Buyer to complete and return said Standard Change of Ownership mailed under authority of Section 480 within 45 days, will result in a penalty of 10% of the taxes due, after processing the reassessment caused by a change in ownership or $100.00, whichever is greater, but not to exceed the sum of $2,500.00. 14. Hold for the buyer a termite report dated subsequent to this ecrow made by a termite inspector, stating that he is licensed and showing the improvements involved in subject escrow to be free and clear of visible evidence of termites, dry rot, fungi and other wood destroying pests and insects in practicable and accessible areas. Cost of said report and cost of actual infestation repairs, if any, including shower leaks are to be paid for by the seller but no preventive work is required. Seller authorizes you to pay, from funds held by you in escrow for seller but only to the extent thereof, such termite inspector's charge for the inspection report, and his charge for said work in an amount not to exceed such charge as estimated in said termite report. Such payment shall be made upon the receipt by you of said termite inspector's certificate of completion of said work, without further instructions. (These instructions are continued on page 4 attached hereto and made a part hereof.) Buyers SLgnature Sellers Signature LESLIE L. NEWQUIST A. HALE DINSMOOR KATHRYN DINSMOOR - cs Page 4 ESCROW SERVICES Escrow No.: 5-5272-J June 13, 1988 (Instructions continued from page 3) 15, This escrow is contingent upon the buyer approving the preliminary title report and CC&R's if any, within 3 days of receipt of same from escrow holder. In the event written disapproval is not received within the time allowed, same is to be deemed approved. 16. Escrow holder is authorized and instructed to prepare a Memorandum of Lease to record at the close of escrow to transfer the leasehold interest in subject property to the •buyer. Escrow holder is further authorized and instructed to obtain a statement from the City of Newport Beach as to the current status of the lease payments, charging the seller with any unpaid rents and prorating the current month's rent to the close of escrow. Charge the buyer and pay any transfer fees required by the City of Newport Beach. 17. This escrow is contingent upon the buyer's written approval of the current lease on subject property within 3 days from receipt of same. Failure to deposit written approval into escrow within the time stated above shall be deemed buyer's disapproval of same. 18. The buyer is aware that the subject property is zoned R-2 and may convert subject property back to a duplex. Escrow is contingent upon the buyer's confirmation of duplex requirements by the City of Newport Beach by June 24, 1988. Failure to deposit written disapproval of same by June 24, 1988 shall be deemed the buyer's approval of same. 19. Buyer and seller are aware and acknowledge that all repairs required of, and paid for by the seller, including termite and city of Newport Beach corrections, shall not exceed $2500.00. Said reports and inspections are subject to the buyer's written approval within 3 days of receipt by the buyer of same. Failure to deposit written approval of same into escrow within the time period stated above shall be deemed the buyer's disapproval of same. AS A MATTER OF RECORD ONLY WITH WHICH ESCROW HOLDER IS NOT TO BE CONCERNED: All permanently installed fixtures and fittings that are attached to the property or for which special openings have been made are included in the purchase price, including electrical, light, plumbing and heating fixtures, built-in appliances, screens, awnings, shutters, all window coverings, attached floor coverings, T.V. antennas, air cooler or conditioner, garage door openers and controls, attached fireplace equipment, mailbox, trees and shrubs. Approved smoke detector(s) shall be installed as required by law, at the expense of the seller. Unless exempt, Transferor (seller), shall comply with Civil Code Sections 1102 et seq, by providing Transferee (buyer) with a Real Estate Transfer Disclosure Statement: Seller shall provide Buyer with a Real Estate Transfer Disclosure Statement within 5 calendar days of Seller's acceptance after which Buyer shall have 3 days after delivery to Buyer, in person, or 5 days after delivery by deposit in the mail, to terminate this agreement by delivery of a written notice of termination to Seller or Seller's agent. Within 10 calendar days after Seller's acceptance Buyer shall have the right at Buyer's expense, to select a licensed contractor(s) or other qualified professional(s), to inspect and investigate the subject property, including but not limited to structural, plumbing, heating, electrical, built-in appliances, roof, soils, foundation, mechanical systems, pool, pool heater, pool filter, air conditioner, if any, possible environmental hazards such as asbestos, formaldehyde, radon gas and other substances/products. Buyer shall keep the subject property free and clear of any liens, indemnify and hold Seller harmless from all liablilty, claims, demands, damages or costs, and repair all damages to the property arising from the inspections. All claimed defects concerning the condition (These instructions are continued on page 5 attached hereto and made a part hereof.) Buyers Signature LESLIE L. NEWQUIST Sellers Signature A. HALE DINSMOOR KATHRYN DINSMOOR 9 Page 5 ESCROW SERVICES Escrow No.: 5-5272-J June 13, 108 (Instructions continued from page 4) of the property that adversely affect the continued use of the property for the purposes for which it is presently being used shall be in writing, supported by written reports, if any, and deliverered to the Seller within 15 calendar days after Seller's acceptance. Buyer shall furnish Seller copies, at no cost, of all reports concerning the property obtained by Buyer. When such reports disclose conditions or information unsatisfactory to the Buyer, which the Seller is unwilling or unable to correct, Buyer may cancel this agreement. Seller shall make the premises available for all inspections. BUYER'S FAILURE TO NOTIFY SELLER SHALL CONCLUSIVELY BE CONSIDERED APPROVAL. Seller warrants, through the date possession is made available to Buyer: (1) property and improvements thereon, including landscaping, grounds and pool/ spa, if any, shall be maintained in the same condition as upon the date of seller's acceptance; (2) the roof is free of all known leaks and that water, sewer, plumbing, heating, air conditioning, if any, and electrical systems and all built-in appliances are operative. Seller warrants that "seller has no knowledge of any notice of violations of City, County, State, Federal, Building, Zoning, Fire, Health Codes or ordinances, or other governmental regulation filed or issued against the property. This warranty shall be effective until the date of close of escrow. Buyer is informed that subject property is situated in a "Special Flood Hazard Area" as set forth on a Federal Emergency Management Agency (FEMA) "Flood Insurance Rate Map" (FIRM) or "Flood Hazard Boundary Map" (FHBM). The law provides that, as a condition of obtaining financing on most structures located in a "Special Flood Hazard Area," lenders require flood insurance where the property or its attachments are security for a loan. The Extent of coverage and the cost may vary. For further information consult the lender or insurance carrier. No representation or recommendation is made by the Seller and the Brokers in this transaction as to the legal effect or economic consequences of the National Flood Insurance Program and related legislation. THE ORIGINAL SALES CONTRACT CONTAINS PROVISIONS NOT STATED HEREIN WHICH DO NOT REQUIRE ACTION BY ESCROW HOLDER. BUYER AND SELLER AGREE TO BE BOUND BY SAME. (see "Additional Escrow Conditions and Instructions" attached hereto as page 4) EACH PARTY ACKNOWLEDGES THAT THE REAL ESTATE BROKER IS AFFILIATED WITH THIS ESCROW COMPANY. COLDWELL BANKER WHO MAY BE SERVING AS YOUR OR ANOTHER PERSON'S AGENT OR BROKER IN CONNECTION WITH THIS REAL ESTATE TRANSACTION HAS A FINANCIAL INTEREST IN COLDWELL BANKER ESCROW AND GUARDIAN TITLE COMPANY, OR IS OWNED BY SOMEONE WHO DOES. Buyers Signature LESLIE L. NEWQUIST Sellers Signature A. HALE DINSMOOR KATHRYN DINSMOOR page 6 0 ESCROW 5-5272—J "ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS" 1. All funds received in this escrow shall be deposited with a State or Federal bank with other escrow funds and all disbursements shall be made by a check of this Escrow Co. Make all adjustments and prorations on the basis of a 30-day month. "Close of Escrow" Is the day instruments are recorded. Parties understand that as a result of the aggregate balances in the escrow trust account, the escrow company and/or related companies may derive direct or Indirect benefits which shall be considered as part of the escrow company's compensation. All documents and funds due the respective parties herein are to be mailed to the addresses as given to escrow holder, unless otherwise Instructed. Our signatures on any documents and instructions pertaining to this escrow Indicate our unconditional approval of same. 2. You shall not be responsible or liable In any manner whatsoever for the sufficiency or correctness as to form, manner of execution or validity of any documents deposited in escrow, nor as to the Identity, authority or rights of any person executing the same, either as to documents of record or those handled In this escrow. Your duties hereunder shall be limited to the safekeeping of such money and documents received by you as escrow holder, and for the disposition of the some In accordance with the written instructions accepted by you in this 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. 3. Seller guarantees and you shall be fully protected in assuming that, as to any Insurance policies handed you, each policy is in force, has not beer. hypothecated and that all necessary premiums therefore have been paid. You will, as my agent, assign any fire Insurance handed you for use In this escrow. 4. 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, nevertheless, to complete the same at any time thereafter as soon as the conditions (except as to time) have been complied with, unless any of us shall have made written demand upon you for the return of money or documents deposited by him. Deliver assurances of title, and insurance policies, If any, to holder of senior encumbrance or his order, or if there be no encumbrances, then to the buyer or his order. 5. All notices, demands and instructions must be in writing. In the event conflicting demands or notices are made or served upon you or any con- troversy arises between the parties hereto or with third person growing out of or relating to this escrow, you shall have the absolute right to withhold and stop all further proceedings in, and performances of, this escrow, until you receive written notification satisfactory to you of the settlement of the controversy by agreement of the parties thereto, or by final judgment of a court of competent Jurisdiction. All of the parties to this escrow hereby Jointly and severally promise and agree to pay promptly on demand, as well as to indemnity you and to hold you harmless from and against all litigation and interpleader costs, damages, judgments, attorney's fees, expenses, obligations and liabilities of every kind which, in good faith, you may Incur or suffer in connection with or arising out of this escrow, whether said litigation, interpleader, obligations, liabilities or expenses arise during the performance of this escrow, or subse- quent thereto, directly or Indirectly. - 6. These instructions may be executed in counterparts, each of which shall be deemed an original regardless of the dates of its execution and delivery. All such counterparts together shall constitute one and the same document. Z You are hereby authorized to deposit any funds or documents handed you under these escrow instructions, or cause the same to be deposited, with any duly authorized sub -escrow agent, subject to your order at or prior to close of escrow, in the event such deposit shall be necessary or convenient for the consummation of this escrow. 8. The parties to these escrow Instructions authorize you to destroy these Instructions and all other instructions and records in this escrow at any time after five (5) years from close of escrow. 9. 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. 10. If seller unilaterally assigns or orders the proceeds of this escrow to be paid to other than the original parties to this escrow, such assignment or order shall be subordinate to the expenses of this escrow, liens of record on the subject property, and payments directed to be made by buyer and seller together. If the result of such assignment or order would be to leave the escrow without sufficient funds to close, then you are directed to close nevertheless and to pay such assignments or orders only out of the net proceeds due seller except for such assignments or orders, and to pay them in the order in which such assignments or orders are received by you. It. If for any reason this escrow should be cancelled you are hereby authorized and directed to use funds on deposit herein for payment of any charges herein including but not limited to your cancellation fee. 12, Endorse Interest on any purchase money deed of trust note described above. Escrow agent is authorized and Instructed to complete any such note as to payment and due dates at time of this escrow, even though same has been previously signed. Charge buyer and credit seller with amount of any funds shown on beneficiary's statement as Impounded for future payment of taxes, hazard insurance premiums or FHA or lender's risk Insurance. Prorate rents, if any, and adjust deposits based on statement to be handed you. Any rents in arrears are to be disregarded by your prorations. 13. You are not to be concerned with the giving of any disclosures required by Federal or Site law, specifically but not exclusively, RESPA (Real Estate Settlement Procedures Act), Regulation Z (Truth in Lending disclosures) or other warnings, or any warranties, express or implied. Neither are you to be concerned with the effect of zoning ordinances, land division regulation, or building restrictions which may pertain to or affect the land or improvements that are the subject of this escrow. 14. Adjustments and/or prorations called for In this escrow shall be made in the following manner: a. Prorates taxes on real property only, based on the last tax bill in your possession or on latest available tax figures furnished by the title company. b. Prorate rentals 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 prior to close of escrow unless he Instructs you in writing to the contrary. c. Interest on notes secured by trust deeds of record, based on statement of beneficiary or agent. d. Interest by endorsement on any notes you complete. 15. Each party signing these Instructions states they have read and approved Instructions on all previous pages. Buyer's Signature L L NEWIQUIST Buyer's Signature Buyer's Signature Buyer's Signature The foregoing terms, provisions, conditions and Instructions are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as above, which you are authorized to deliver when you hold or have caused to be applied funds set forth above within the time as above provided. Pay your escrow charges, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. Affix California Documentary Tax on deed as required. Seller's Signature Seller's Signature A. HALE DINSMOOR K THR Seller's Signature Seller's Signature "a"Sale Contract residential 9M escrowcorA 1470 Jamboree Road Newport Beach, CA 82660 (714) 640.8772 DATE: CITY OF NEWPORT BEACH TO: 3300 West Newport Blvd. Newport Beach, CA 92663 Attn: DOn Delino Form No. 210 s'F4:s•s'. AUU+ 1987 Cxe"1111A,9,u f�; f(ja1lrsoffn, 6=Act WE ENCLOSE THE FOLLOWING ITEMS: "Agreement to Lease", RESOLUTION NO. 1Q940. Our escrow is now closed and we are returning these documents back to you. k79,: 37 Beacon Bay, Newport Beach, CA. Lesley cher/ma 66 CAY OF NEWPORT BEACH MEMORANDUM: From EXECUTIVE "ASSISTANT Tp .FINANCE DEPARTMENT ................................. SUBJECT: BEACON BAY No. 37 JULY .23.................... 18:87 . The transaction indicated by the attached memo was not completed. However, another transaction was completed July 7, 1987. Therefore, make adjustments to the billing to indicate•that the rent through July 6 remained at the old rate of $273.22 per month and that after July 6, the new rate is $667.92. The new owner is Hale•Dinsmoor, 3501 Sausalito, Corona del Mar, 92625. Thank you. N(Soj h0 pepo lhCc' . ona lhil /ya% A0-1w100l2_ KJD : ets Reply wanted ❑ Reply not neceeeary ❑ i;i RESIDENTIAL ESCROW NPORATION 28427 r,l .,TRUST ACCOUNT NO. 7 IMPERIAL BANK 1470 JAMBOREE ROAD, STE. 2 714-640.8772 aM cwmr...i.BA liwn�vp. CpYMn,.G.Y i e-144 - NEWPORT BEACH, CA 92660 9883LM July 8, 1887 t222 _r ESCROW NO. - NE HUNDRED AND NO/100 PAP DOLLARS----------------- ---------------- DOLLARS $ **100.00** r ro **City of Newport Beach** " OTHER 3300 Newport Blvd. ESCROW TRUST AC 0 T 669.7 OF Newport Beach, CA 92663 v 11102El424u■®1:122201L, 1: 11808111052 39s", e •.3� DETACH AND RETAIN THIS STATEMENT RESIDENTIAL ESCROW CORPORATION S DESCRIBED BELOW. ITHE AWAC F NOT CORRECTCHECK PLEP.9E NOTIFY US PROMITLV.M NO RCC.11 OCA R¢D DELUXE FORM WVO.4 SPL N-224 ' DATE DESCRIPTION AMOUNT 07/08/87 Property: 37 Beacon Bay '? Newport Beach, CA 92660 ESCROW N0. OnB.'i.LM $**100.00** Funds due you 2nd Transfer fee for 37 Beacon Bay, N.B.- New Owner is A. Hale Dinsmoor at 3501 Sausalito Dr., Corona del Mar, CA 1 V N-224 r q� SALE 9883 LM EscrT Instructions residential escrow or p. Escrow Number Lesley Metscher June 22, 1987 Escrow.Officer 1470 Jamboree Road, Newport Beach, California 92660 Date 714.640.8772 Ifwe will hand you the sum of $350,000.00, of which the sum of $100.00 shall be deposited with these signed instructions. The balanc of cash, plus closing costs, to be deposited upon request of Paid outside of Escrow 350, escrowholder in the form of a CALIFORNIA CASHIERS CHECK cash through Escrow payable to Residential Escrow, 1 day prior to the close of Encumbrances of record escrow. In addition to the aforementioned sums, buyer will hand you, prior to close of escrow. sufficient funds to cover New Encumbrances adjustments, prorations, recording fees and your escrow charges, and will deliver to you any Instruments which this escrow requires shall be executed by me. all of which you are Instructed to use provided that on or before June 30, 1987 You hold a policy of title Insurance with the usual title company's Total Consideration 350,000 00 exceptions, with a liability oft n/a covering A LEASEHOLD INTEREST IN AND TO: •Lot 37, Records of Survey, as per map recorded in Book 9, Pages 42 and 43, Records of Survey, records of Orange Couptw California aka: 37 Beacon Bay, Newport Beach, California 92660 showng t�evested�n: A. HALE DINSMOOR and KATHRYN DINSMOOR, husband and wife, as community property Free from encumbrances except: (1) General and special county and city taxes, If any, together with special district levies, it any, Included and collected with tax bill. (2) Covenants, conditions, restrictions, reservations, rights, rights of way, easements and exceptions of minerals, olIs, gas, water, carbons and hydrocarbons on or under said land, now of record, and in deed to file, if any, affecting the use and occupancy of said property. INSTRUCTIONS: 1. Buyer and seller acknowledge that the closing of this escrow is subject to the success— ful cancellation of Escrow Number 9310 LM at Residential Escrow Corporation. 2. Notwithstanding anything to the contrary in the printed portion of these instructions, it is understood between the parties hereto that no policy of title insurance will be issued. Buyer and seller acknowledge a copy of and have reviewed and approved preliminary title report issued by Ticor Title Insurance. Escrowholder is relieved of all responsibility as to the condition of the title of property described herein and is further relieved of all responsibility as to the regularity, validity and/or sufficiency of documents recorded through this escrow. The documents herein are to be recorded in the office of the county recorder at such time as escrowholder can comply with the remainder of these instructions. 3. Escrowholder is authorized and instructed to pay those billings as deposited from seller's proceeds, such as but not limited to Termite Report, City Report, Beacon Bay Association, Beek Brothers, City of Newport Beach Lease fee and title cancellation fee. 4. Escrowholder is instructed to due NO prorations through this escrow nor shall escrowholder be concerned with insurance, homeowners transfer etc. 5. From funds deposited into escrow, escrowholder is authorized and instructed to pay $100.00 to the City of Newport Beach for lease transfer fee. All parties acknowledge that funds released are not refundable. MEMO: with which escrowholder is not to be concerned and/or have any duty. Escrowholder has no duties to perform with respect to such matters and shall have no responsibility for the language used in these agreements or the performance of same by the parties. A. Buyer and seller have agreed that buyer shall execute to seller an unsecured promissory note in the amount of $300,000.00 at terms and conditions agreed by buyer and seller. If above encumbrances Is a purchase money trust deed, endorse Interest on note as of date of recording deed. In event unpaid balance of trust fillrecord are more or less then the sum(s)set forth above, adjust difference( n/a In cash( n/a deed of trust to file. Prorate taxes on real property only, based on the latest tax bill In your possession Cron latest available tax figures furnished by the title company as of n/a Prorate interest onlo1^^aOnnssofrecord asof n/a Prorate rents as of n/a. TO be handled outside based on rents ctatfnt handed you. Any rents In arrears to be disregarded In your prorations. Prorate Insurance as handed you as of n/a and in the event the lender requires additional Insurance to cover new loan, this is your authorization to order same and pay premium, If any, from buyer's funds. As of n/a credit seller and debit buyer the amount of Impounds, If any, as disclosed by beneficiary statement from the holder of the loan of record. Prorate homeowners association and ground rent, If any, as of n/a The undersigned hereby agrees to pay, on demand, charges for drawing, recording and notarizing all documents, charges of title company, if any charges of lending institution, If any, and the buyer's andfor borrower's customary escrow fees, necessary to complete this escrow. Lender's or Lender's or Buyer's Signature Buyer's Signature Address A. Hale Dinsmoor KathrynpAIgsmoor The foregoing terms,provisions, conditions and instructions are hereby approved and accepted in their entirely and cone set by me.lwillha ervou 11IS05arry documents and/or funds called for on my put to cause title to be shown as above, which you are authorized to deliver when you hold for my accounithesum of$ 'OO U less costs together with any documents, due the undersigned m described above, within the time as above provided. Pay your escrow charges.m e, charges for evidence of title as Wl• ad for, whether or not this escrow is consummated, except those the buyer agreed to pay. You we hereby authorized to pay bon se any liens or encumbrances of record, plus accrued Interest, charges and bonds, If any. Affl (nor Revenue Stamps as required on Deed to progeny 1 conv 4 Borrower's or /l y�, wer's or "a„ Seller's Signatur �C// Iler's Signature Address V.I/Keith Dinsmdor PhD a '•+ M-078•ESD 0 0 ,1 GENERAL PROVISIONS 1. YOU WII t INSTRUCT THE TITLE COMPANY TO BEGIN SEARCH OF TITLE AT ONCE. Unless otherwise provided"herein, both Buyer and BE shall pay upon demand, regardless of the consummation of this escrow, all charges Incurred by you for them. Such charges shall Include, but not be limited to, the following as applicable to this transaction and distributed between buyer and seller in the customary manner. BUYER SHALL PAY: one-half of the escrow fee, document preparation fees for documents executed by buyer, recordation fees for documents necessary on buyer's part, costs in connection with securing new loan, purchase money financing and/or loan transfer or assumption charges, lender's policy of title insurance (pursuant to lender's instructions), sub -escrow fee applicable to buyer's funds, and any other such costs Incurred on buyer's behalf as necessary for the completion of this transaction. SELLER SHALL PAY: one-half of the escrow fee, document preparation fees for documents executed by seller, recordation fees for documents necessary on seller's part, owner's policy of title Insurance, sub -escrow fee applicable to seller's funds, beneficiaries' statements and/or demands, documentary transfer tax on deed, any costs incurred for reconveyances, releases or satisfactions of any encumbrances of record, including prepayment penalties, if any, and any bonds or taxes, payment and/or release which are necessary to place title in condition to close this escrow, real estate commission in accordance with the instructions contain- ed in a separate commission order, and any other such costs Incurred on seller's behalf as necessary for the completion of this transaction. 2. Make all adjustments (pro -rations) on the basis of a 30 day month. "Close of Escrow" is the day that the conveyance called for In this escrow is recorded and/or filed in the County Recorder's Office. 3. When taxes are to be adjusted as called for herein, the adjustment is to be made based on the latest tax figure available to you. Taxes shall, Include any special district levies, payment of which are included therein and collected therewith, and any taxes and assessments levied or assessed subsequent to date of these instructions. Buyer and seller understand that real property becomes subject to reassessment by the County Tax Assessor upon a change in ownership, and such reassessment may cause an increase or decrease in taxes payable in connection with the subject property. Such reassessment, and/or future assessments, will cause fluctuation in monthly payments when taxes are Impounded by lender. Escrow holder shall not be held liable nor responsible for the adjustment of any taxes assessed against the subject property wherein such assessment is not available nor disclosed to escrow holder at or prior to the close of escrow. 4. Unless buyer provides new Insurance coverage for the subject property acceptable to lender(s) you are authorized to execute on behalf of the parties hereto, assignments of interest in any fire insurance policies handed you and forward them upon the close of escrow to the proper parties or agent. In all acts in this escrow relating to fire Insurance, including adjustments, if any, you shall be.fully protected in assuming that each such policy is in -force and that the necessary premium therefor has been paid (In the event that you are handed billings for premiums and/or.additional premiums due, you are authorized to make payment at the close of escrow on behalf of the applicable party). In the event that the lender(s) require flood and/or earthquake coverage on the subject property, buyer shall provide same as acceptable to lender and you are authorized to pay any billings deposited In escrow to cover any such premiums due. However, the parties understand that in the event the subject property is a condominium dwelling wherein hazard Insurance coverage Is maintained by the homeowners association, it is understood that the buyer shall be provided with a certificate of insurance under such master policy. Buyer understands and acknowledges that such Master insurance coverage (as maintained by the homeowner's association, premiums for which are collected with the association assessments), covers the exterior structure(s) and common areas, and DOES NOT cover buyer's personal property nor personal liability within buyer's unit. Buyer Is suggested to review the master insurance coverage with the insurance agency to determine the details of such coverage and the need for any additional coverage. Buyer is suggested to obtain additional "contents" coverage for personal property and liability (a matter of buyer's sole responsibility, outside of escrow; escrow holder shall have no liability, responsibility and/or duties in connection with same). 5. The parties to this escrow have entered Into these Instructions for the purpose of completing the sale and purchase of the herein described real property on the terms and conditions set forth in these instructions. The instructions are not intended to cancel or supersede any agreements between the parties entered into outside of these instructions, nor shall partial mention of matters set forth in agreements and/or contracts outside of these instructions, be construed as deletion of any matters not set forth herein. 6. All funds will be deposited Into an escrow trust account. In the event it may be necessary or proper in order to comply with the conditions and instructions of this escrow, you are authorized to cause to be deposited, during the period of this escrow, any funds or documents with any title company, to be credited to the account of RESIDENTIAL ESCROW CORP., as required to complete this escrow. 7. MISCELLANEOUS INSTRUCTIONS: a) Make all disbursements by your check; b)These instructions may be executed in counter- parts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original and such counter- parts together shall constitute one and the same instrument; c) Any amended, supplemental or additional instructions given in connection with this escrow must be given in writing and delivered to you by the parties hereto, and shall be subject to the condi- tions contained herein. In the event of one-sided or conflicting demands and/or Instructions are made upon you, you may refuse to take any further action; d) In these instructions, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural; e) You are authorized to furnish to any broker hereunder or any lender, or anyone acting on behalf of the lender, any information concerning this escrow, including among other things, certified copies of all escrow instructions and any amendments thereto and copies of final closing statements upon request; and f) You are authorized to deliver documents as necessary in order to comply with the conditions and instructions set forth herein. 8. GENERAL INSTRUCTIONS: TIME IS OF THE ESSENCE OF THIS AGREEMENT. If, for any reason, this escrow cannot be closed within the stated period of time you shall nevertheless close it as soon as possible thereafter unless notice of cancellation is given by either party. Any notice of cancellation affecting this escrow, for whatever reason and whenever given, may be given only in writing, delivered to you in duplicate. On receipt of such notice you shall within three days mail one copy to the other party by certified mall (return receipt requested). Unless written objection thereto from such other party shall be received by you within ten days after evidence of date of receipt as obtained by you, you are authorized to comply with any instructions given in such notice and to cancel the escrow upon payment of your cancellation charges. In the event written objection is received within the time stated or in the event conflicting claims are made upon you in this escrow, you may refuse to take any further action hereunder or you may interplead the parties in any court of competent jurisdiction, in which case you shall be entitled to your costs including reasonable attorney's fees, incurred therein. If you become a party to any civil action by reason of this escrow, you shall be entitled to recover your attorney's fees and costs, as may be allowed by the court. 9. Your duty to act as escrow holder does not commence until these instructions, signed by all parties hereto, are received by you. Until such time either party may unilaterally cancel and upon written request, delivekhis e party may withdraw funds and documents he previously handed you. 10. The parties hereto understand that these instructions and all other instructions a eescrow may be destroyed by escrow holder at any time after five (5) years from the close of this escrow.�� THE FOREGOING TERMS, CONDITIONS, PROVISIONS AND INSTRUCTIONS HAVEGE B ERSTOOU ANU AtrtttU TO BY EACH O THE UN SIGNED. EACH SIGNATORY HERETO ACKNOWLEDEw PT r (TrP 0 F ESE INSTRUCTIONS. eel Co R. Keith Dinsmoor tee'^v) A. Ha nsmoor"' •..•_ Kathryn Dinsmoor SALE 9883 LM §crow ;5strucllons residentialescrow Arp. Escrow Number Lesley Metscher June 22, 1981 Escrow Officer 1470 Jamboree Road, Newport Beach, California 92660 Date 714.640.8772 gyve will hand you the sum of $350,000.00, of which the sum of $100.00 shall be deposited with these signed instructions. The balanc of cash, plus closing costs, to be deposited upon request of Paid outside of Escrow 1 350,000 00 escrowholder in the form of a CALIFORNIA CASHIERS CHECK Cash through Escrow payable to Residential Escrow, 1 day prior to the close of Encumbrances of record escrow. In addition to the aforementioned sums, buyer will hand•you, prior to close of escrow. sufficient funds to cover New Encumbrances adjustments, proratlons, recording fees and your escrow charges, and will deliver to you any Instruments which this escrow requires shall be executed by me, all of which you are Instructed to use provided that on or before June 30, 1987 you hold a policy of title Insurance with the usual title company's Total Consideration 350, 000 00 exceptlons,wllhaliability of$ n/a covering A LEASEHOLD INTEREST IN AND TO: Lot 37, Records of Survey, as per map recorded in Book 9, Pages 42 and 43, Records of Survey, records of Orange howingtitfev California aka: 37 Beacon Bay, Newport Beach, California 92660 A. HALE DINSMOOR and KATHRYN DINSMOOR, husband and wife, as community property Free from encumbrances except: (1) General and special county and city taxes.. It any, together with special district levies. If any, Included and collected with tax bill. I'aderveald land now of record and to reservations, eed toU fife, If rights, acting the use and occupancy of (sone of aid properreinstate, y. la,alls, gas, wafer, carbons and hydrocarbons onor INSTRUCTIONS: 1. Buyer and seller acknowledge that the closing of this escrow is subject to the success— ful cancellation of Escrow Number 9310 LM at Residential Escrow Corporation. 2. Notwithstanding anything to the contrary in the printed portion of these instructions, it is understood between the parties hereto that no policy of title insurance will be issued. Buyer and seller acknowledge a copy of and have reviewed and approved preliminary title report issued by Ticor Title Insurance. Escrowholder is relieved of all responsibility as to the condition of the title of property described herein and is further relieved of all responsibility as to the regularity, validity and/or sufficiency of documents recorded through this escrow. The documents herein are to be recorded in the office of the county recorder at such time as escrowholder can comply with the remainder of these instructions. 3. Escrowholder is authorized and instructed to pay those billings as deposited from seller's proceeds, such as but not limited to Termite Report, City Report, Beacon Bay Association, Beek Brothers, City of Newport Beach Lease fee and title cancellation fee. 4. Escrowholder is instructed to due NO prorations through this escrow nor shall escrowholder be concerned with insurance, homeowners transfer etc. 5. From funds deposited into escrow, escrowholder is authorized and instructed to pay $100.00 to the City of Newport Beach for lease transfer fee. All parties acknowledge that funds released are not refundable. MEMO: with which escrowholder is not to be concerned and/or have any duty. Escrowholder has no duties to perform with respect to such matters and shall have no responsibility for the language used in these agreements or the performance of same by the parties. A. Buyer and seller have agreed that buyer shall execute to seller an unsecured promissory note in the amount of $300,000.00 at terms and conditions agreed by buyer and seller. It above encumbrances Is a purchase money trust deed, endorse Interest on note as of date of recordinga deed. In event unpaid balance of trust deed(s)of record are more or less than the sum(s) set forth above, adjust dllference( n/a )In cash( n/a deed of trust to file. Prorate taxes on real property only, based on the latest lax bill In your possession or on latest available tax figures furnished by the title company as of n/a Prorate Interest on loans of record ea of n/a Prorate rents asof n/a. To be handled outside based on renWaYement handed you. Any rents In arrears to be disregarded In your proratlons. Prorate Insurance as handed you as of n/a and In the event the lender requires additional Insurance to cover new loan, this Is your authorization to order same and pay premium, If any, from buyer's funds. As of n/a credit seller and debit buyer the amount of Impounds, It any, as disclosed by beneficiary statement from the holder of the loan of record. Prorate homeowners association and ground rent, if any, as of n/a The undersigned hereby agrees to pay, on demand, charges for drawing, recording and notarizing all documents, charges of title company, if any Charges of lending Institution, it any, and the buyer's andfor borrower', customary escrow fees, necessary to complete this escrow. Lender's or Buyer's Signature 1�1U�11 Address A. Hale Dinsmoor The foregoing tome. provisions. conditions nd Instructions are hereby approved and accepted In their entirety and concurred in by me. l will band you n ry documents andfor funds called for on my pan to cause title to be shown as above, which you are authorized todeliverwhan you hold for my account the sum ol40,0O ess costs together with any documents, due the undersigned as described above, within the time At above provided. Pay your escrow eharga.m(��rdIn a ehargu rar na oflllle as Call, ad for, whether or not this escrow is consummated, except those the buyer agreed to pay you are hereby authorized to pay bonds, mosaidQa „arMe Yin or encumbrances of record, plus accrued Interest, charges and bonds, It any. Affix Internal Revenue Stamps as required on Dead to property I am con r �J Borrower's or Borrower's or Seller's Signature Seller's Signature R. Address Keith Oinsmoor WOMESD 1 T ; GENERAL PROVISIONS 1. YOU WIL' 'NSTRUCT THE TITLE COMPANY TO -BEGIN SEARCH OF TITLE AT ONCE. Unless otherwise provided herein, both Buyer and Sell- hall pay upon demand, regardless of the consummation of this escrow, all charges Incurred by you for them. Such charges shall Include, but not be limited to, the following as applicable to this transaction and distributed between buyer and seller In the customary manner: BUYER SHALL PAY: one-half of the escrow fee, document preparation fees for documents executed by buyer, recordation fees for documents necessary on buyer's part, costs in connection with securing new loan, purchase money financing andfor loan transfer or assumption charges, lender's policy of title Insurance (pursuant to lender's Instructions), sub -escrow fee applicable to buyers funds, and any other such costs Incurred on buyer's behalf as necessary for the completion of this transaction. SELLER SHALL PAY: one-half of the escrow fee, document preparation fees for documents executed by seller, recordation fees for documents necessary on seller's part, owner's policy of title Insurance, sub -escrow fee applicable to seller's funds, beneficiaries' statements and/or demands, documentary transfer tax on deed, any costs Incurred for reconveyances, releases or satisfactions of any encumbrances of record, Including prepayment penalties, if any, and any bonds or taxes, payment andfor release which are necessary to place title In condition to close this escrow, real estate commission In accordance with the Instructions contain- ed in a separate commission order, and any other such costs Incurred on seller's behalf as necessary for the completion of this transaction. 2. Make all adjustments (pro -rations) on the basis of a 30 day month. "Close of Escrow" is the day that the conveyance called for In this escrow Is recorded and/or filed In the County Recorder's Office. 3. When taxes are to be adjusted as called for herein, the adjustment is to be made based on the latest tax figure available to you. Taxes shall include any special district levies, payment of which are Included therein and collected therewith, and any taxes and assessments levied or assessed subsequent to date of these instructions. Buyer and seller understand that real property becomes subject to reassessment by the County Tax Assessor upon a change in ownership, and such reassessment may cause an Increase or decrease in taxes payable in connection with the subject property. Such reassessment, andfor future assessments, will cause fluctuation In monthly payments when taxes are Impounded by lender. Escrow holder shall not be held liable nor responsible for the adjustment of any taxes assessed against the subject property wherein such assessment is not available nor disclosed to escrow holder at or prior to the close of escrow, 4. Unless buyer provides new insurance coverage for the subject property acceptable to lender(s) you are authorized to execute on behalf of the parties hereto, assignments of interest in any fire Insurance policies handed you and forward them upon the close of escrow to the proper parties or agent. in all acts in this escrow relating to fire Insurance, including adjustments, if any, you shall be fully protected in assuming that each such policy Is in -force and that the necessary premium therefor has been paid (In the event that you are handed billings for premiums and/or.additlonal premiums due, you are authorized to make payment at the close of escrow on behalf of the applicable party). In the event that the lender(s) require flood and/or earthquake coverage on the subject property, buyer shall provide same as acceptable to lender and you are authorized to pay any billings deposited In escrow to cover any such premiums due. However, the parties understand that in the event the subject property is a condominium dwelling wherein hazard Insurance coverage is maintained by the homeowners association, it is understood that the buyer shall be provided with a certificate of insurance under such master policy. Buyer understands and acknowledges that such Master insurance coverage (as maintained by the homeowner's association, premiums for which are collected with the association assessments), covers the exterior structure(s) and common areas, and DOES NOT cover buyer's personal property nor personal liability within buyer's unit. Buyer Is suggested to review the master insurance coverage with the Insurance agency to determine the details of such coverage and the need for any additional coverage. Buyer is suggested to obtain additional "contents" coverage for personal property and liability (a matter of buyer's sole responsibility, outside of escrow; escrow holder shall have no liability, responsibility and/or duties in connection with same). 5. The parties to this escrow have entered into these instructions for the purpose of completing the sale and purchase of the herein described real property on the terms and conditions set forth in these instructions. The instructions are not Intended to cancel or supersede any agreements between the parties entered Into outside of these Instructions, nor shall partial mention of matters set forth in agreements and/or contracts outside of these instructions, be construed as deletion of any matters not set forth herein. 6. All funds will be deposited into an escrow trust account. In the event it may be necessary or proper in order to comply with the conditions and Instructions of this escrow, you are authorized to cause to be deposited, during the period of this escrow, any funds or documents with any title company, to be credited to the account of RESIDENTIAL ESCROW CORP., as required to complete this escrow. 7. MISCELLANEOUS INSTRUCTIONS: a) Make all disbursements by your check; b)These instructions may be executed in counter- parts, each of which so executed shall, irrespective of the date of Its execution and delivery, be deemed an original and such counter- parts together shall constitute one and the same instrument; c) Any amended, supplemental or additional instructions given in connection with this escrow must be given in writing and delivered to you by the parties hereto, and shall be subject to the condi- tions contained herein. In the event of one-sided or conflicting demands andfor instructions are made upon you, you may refuse to take any further action; d) In these instructions, whenever the context so requires, the masculine gender includes the feminine andfor neuter, and the singular number includes the plural; e) You are authorized to furnish to any broker hereunder or any lender, or anyone acting on behalf of the tender, any information concerning this escrow, Including among other things, certified copies of all escrow instructions and any amendments thereto and copies of final closing statements upon request; and f) You are authorized to deliver documents as necessary in order to comply with the conditions and instructions set forth herein. 8. GENERAL INSTRUCTIONS: TIME IS OF THE ESSENCE OF THIS AGREEMENT. If, for any reason, this escrow cannot be closed within the stated period of time you shall nevertheless close it as soon as possible thereafter unless notice of cancellation is given by either party. Any notice of cancellation affecting this escrow, for whatever reason and whenever given, may be given only in writing, delivered to you in duplicate. On receipt of such notice you shall within three days mail one copy to the other party by certified mall (return receipt requested). Unless written objection thereto from such other party shall be received by you within ten days after evidence of date of receipt as obtained by you, you are authorized to comply with any instructions given in such notice and to cancel the escrow upon payment of your cancellation charges. In the event written objection is received within the time stated or in the event conflicting claims are made upon you in this escrow, you may refuse to take any further action hereunder or you may interplead the parties in any court of competent jurisdiction, in which case you shall be entitled to your costs including reasonable attorney's fees, Incurred therein. If you become a party to any civil action by reason of this escrow, you shall be entitled to recover your attorney's fees and costs, as may be allowed by the court. 9. Your duty to act as escrow holder does not commence until these Instructions, signed by all Until such time either party may unilaterally cancel and upon written request, delivered documents he previously handed you. 10. The parties hereto understand that these instructions and all other instructions and escrow holder at any time after five (5) years from the close of this escrow. THE FOREGOING TERMS, CONDITIONS, PROVISIONS AND INSTRUCTIONS HAVE EE1yrRL,pp TO BY EACH OF THE UNDERSIGNED. EACH SIGNATORY HERETO ACKNOWLEDGES 96E no eto, are received by you. may withdraw funds and oaP)nay be destroyed by T0, AND AGREED T INSTRUCTIONS F R. Keith Dinsmoor A. thryn/Dinsmoor - - �FWPpRA -~ CITY OF N,EWPORT BEACH p� Am NEWPORT BEACH, CALIFORNIA 92663 a E 19 P/ DAT RECEIVED FROM � RECEIPT No. 09451 N �aEWPORT C 0 1 � � �bCOPN� n RECEIVED FROM FOR MF NEWPORT BEACH NEWPORT BEACH. CA1.IFbRN+A 928E3 of DEPARTMENT By 9LZ r RECEIPT No. 05581 RZ DETACH AND RETAIN THIS STATEMENT RESIDENTIAL ESCROW CORPORATION ATTACHEC CHECK IS IN PAYMCNT OF ITEMS OESCRISEO�W T CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT' EO IF DELUXE FORM WYO.3 SPL N-1239 DATE 3/25/87 tm1 N-1239 DESCRIPTION Escrow #9310-LM COMPANY NB $ 100.00 GL GL r_ CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92063.3884 OFFICE.OF THE CITY MANAGER (714)'640-2153 May 23, 1984 Mr. R. Keith Dinsmoor #37 Beacon Bay Newport Beach, CA 92660 Dear Mr. Dinsmoor: SUBJECT: 437 BEACON BAY According to our records, you are the leaseholder of the subject parcel and your rental payment is $273.22 per month. This rent is due on the 1st day of,each month and delinquent on the 15th day when a 4% late penalty is charged. As of May 23, 1984, your account was delinquent for two (2) months payments for a total.of $568.72, plus a late charge of $22,.74. A copy of'your statement is attached. Please remit this amount, totaling $591.46, with your June payment on or.before June 15, 1984. If payment is not made, this matter.will be referred to the City Attorney for further action. Contact me directly if you have any questions. Thank you for your.attention. Sincerely, KENNETH J. DELINO Executive Assistant KJD:mm attachment 3300 Newport Boulevard, Newport Beach 4- + city of Newport Beach 3300 NEWPORT BOULEVARD - "�� STATEMENT NEWPORT BEACH, CALIFORNIA 92663.3884 OF FINANCE DEPT. 714-640-2236 _ ACCOUNT ' AMOUNT .hR LOT:# 0037 BEACON BAY:FEE BILL.FOR MONTH.OF JUNE 1984 -$273.22 PREVIOUS BALANCE :5568.72 LATE CHARGE $22.74 PAY THIS AMOUNT PAYMENTS ARE DUE ON THE 1ST OF EACH MONTH AND ARE DELINQUENT ON THE 15TH A 4% LATE CHARGE WILL BE APPLIED TO THE ACCOUNT BALANCE WHEN PAYMENTS ARE RECEIVED AFTER THE 15TH • L 0 T # 0037 R.KEITH DINSMOOR " 37 BEACON SAY NEWPORT BEACH CA 92660 Please make check payable to City of Newport Beach. Direct all correspondence to Finance Director, City of Newport Beach, 3300 W. Newport Blvd., Newport Beach. STATEMENT DATE 05/17/34 L CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663.3884 Executive Assistant .(714) . 640-2103 October 26, 1983 Mr. R. Keith Dinsmoor 37 Beacon Bay Newport Beach, California 92660 SUBJECT: LEASE PARCEL #37 BEACON BAY Dear Mr. Dinsmoor, According to our records, you aie.the leaseholder of the subject parcel and your rental payment is $272.22 per month. This rent is due on the first day of each month and delinquent on the fifteenth (15th) day when a 4% late penalty is charged. As of October 19, 1983,'your account was delinquent for two months payments for a total of $603.77. A copy of your statement is attached. Please remit this.amount with your November payment on or before November 15, 1983. If payment is not made, this matter will be referred to the City Attorney for further action. Contact me directly if'you have any questions. Thank you for your attention. Sincerely, KENNETH.JL DELINO Executive Assistant KJD:djh attachment 3300 Newport Boulevard, Newport Beach '•M.� - .,ti '�;,' - , w' ,.ram .i+ty Y :a ..��Y.' ;Yi�p'�u..� ._ .'yj^ i::: L:.�•t �'.��fe+*`.y:! ::✓? .: y:. 'Jv,i 4..4n �'•:�-11 ��^r', ~ u.f ll ^ � ij"'�.{'^ .. :T.r•%.:!'y^�` 'Vr:: - V.'i':55,:r e�:.;a�-a w�'�\k"��:i,�"•ter:.. .y."l i•�g'7: d`t.` J1.3`fi4 a ..... +.�\ii`LCIi. �PY�•:i.'. ... �'I::Y i', City of Newport Beach 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92663-3884 FINANCE DEPT. 714-640-2236 LOT-#.0037 BEACON BAY FEE BILL F.OR.MONTH OF.NOVEMBER 1983 PREVIOUS BALANCE LATE CHARGE STATEMENT OF ACCOUNT S273.22 $580055 $23.22 PAY THIS AMOUNT PAYMENTS ARE"DUE ON THE 1ST.OF EACH MONTH AND ARE DELINQUENT ON THE 15TH A 4% LATE CHARGE WILL BE APPLIED TO THE ACCOUNT BALANCE WHEN PAYMENTS ARE RECEIVED AFTER THE 15TH R.KEITH'DINSMOOR .37 BEACON.BAY NEWPORT BEACH LOT # 0037 CA 92660 $876.99 Please make check payable to City of Newport Beach. Direct all correspondence to Finance Director, City of Newport Beach, 3300 W. Newport Blvd., Newport Beach. STATEMENT DATE 10/19/83 L T •r r'. ;'p; �, y.: i:�% �•ri. :�:.r'r. ,; .;.1�1f.,v f.,". I i44 :��• ��7� ''4\V :Y,r .i V.. SJ: y�ri: 4r.'- .,`tiT `li. r "•i .% ti.l\�.i � +:Y 7i; i 'i\'• - n J,?`:>•a; f� >,h;,. � rtjf ,�'^Gt}4��it-•' 1. i'.` �'!j"�''1 p`. :;'t•':: . ,2 ..7,.:• Y.: r . i.•S."..� .dam ✓'. :�t•� .. �....enS��;:;'•:gi`r' a4rf i..T;., s.�a: ie �.. "u•i•�'- •4.. .IM•�'In'�.oY(:41� `lfn✓h• ::j\ T^'l•4 0 Nrl`.t.Ii4T%.I �N.Iff V—.r y'1.F`.1..Y•,�'�d:l,y.Y 7i. �1�4� Y(,r:l i � j . /•f ••.�.. ',1��.: (:n�i%•..4•f �'S e:r'� '�4'V •'F•'li. ��•�... 1.r� f11 +i}}�1.NtK 1•! f• f W9' )y�w� �}Wi �i)iY �'�'l�{�i 11i 4`•!A t �/1Y F�.•:iS•.1�(j'f�j�j4A 1w.1'1 �r.��. �nJi�:Sr\l1l•}Y���l:inM1�ll:t::JiY �.�•n%��.v1:1t��Y.[wrt2�lY 1. �!!AIN�` wt C.(., V. t''�• •./4'l:� � .��it, �.Y .\, eir\1]j�(ti1.•�T`:i-:.\.:. ,IY.�N �fY•"1%(�li; �^.,r .. Vi• �... t'i'`.i r!r .IYr.l..r. ti: .. i��'.i•^ VI•i r.��'. .. .i.=J . -.. • .: :1 i1. .�. `.l'.'-. . ... ♦. ... .. .. •.. nr. .. ♦i,�r^.i .. ..i .. � ... .i •�•1. .: ..r. .- ..n ....:1. .'1').l a��:a":.=, 1:�\• ll m.:.�•. r..: :'/i:' ,. 0 6 37 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92063.3884 OFFICE OF THE CITY MANAGER (714) 640-2130 July 27, 1983 Mr. R. Keith Dinsmoor #37 Beacon Bay Newport Beach, CA 92660 Dear Mr. Dinsmoor: According to our records you are the leaseholder of the subject parcel and your rental payment is $273.22 per month. This rent is due on the 1st day of each month and delinquent on -the 15th day when a 4% late penalty is charged. As of July 19, 1983, your account was delinquent for two months payments for a total of $557.36. A copy of your statement is attached. Please remit this amount with your August payment on or before August 15, 1983. If payment is not made, this matter will be referred to the City Attorney for further action. Contact me directly if you have any questions. Thank you for your attention. Sincerely, KENNETH J.LDELINO Executive Assistant KJD; mm attachment 3300-Newport Boulevard, Newport Beach City of Newport BAh 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92663-3884 FINANCE DEPT. 714-640-2236 LOT # 0037 BEACON BAY FEE BILL FOR MONTH OF AUGUST 1983 PREVIOUS BALANCE: LATE CHARGE: STATEMENT OF ACCOUNT $273.22 $557.36 K $10.92 PAY THIS AMOUNT PAYMENTS ARE DUE ON THE 1ST OF EACH MONTH AND ARE DELINQUENT ON THE 15TH A 4% LATE CHARGE WILL BE APPLIED TO THE ACCOUNT BALANCE WHEN PAYMENTS ARE RECEIVED AFTER THE 15TH • R KEITH DINSMOOR 37 BEACON BAY" NEWPORT BEACH -37 $841.50 Please make check payable to City of Newport Beach. LOT # 0037 Direct all correspondence to Finance Director, City of Newport Beach, 3300 W. Newport Blvd., Newport Beach. CA 92660 STATEMENT DATE 07/19/83 L