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HomeMy WebLinkAbout4.06 SubSecurityTr6644 . . . RESOLUTION NO. - 97 A RESOLUTION OF THE CITY COUNClL OF THE CITY OF DUBLIN ~~~~~~~~~ APPROVING SUBSTITUTION OF SECURITY FOR TRACT 6644 (pARCEL MAP 7109) - DOUGHERTY ROAD WHEREAS, in February of 1994, the City Council approved the Final Map for Tract 6644 and accepted a promissory note and deed oftTUst in the amount of$371,000 against Lot 3 of Tract 6644 as security for construction of improvements; and WHEREAS, a portion of Tract 6644 was resubdivided as Parcel Map 7109; and WHEREAS, the subdivider, J. Patrick Land, is requesting to substitute promissory notes and deeds of trust totaling $259,000 against Parcels 2 and 4 of Parcel Map 7109; and WHEREAS, the engineer's estimate of improvement cost has been reviewed by the City, and the reduced amount is acceptable; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the substitution of security related to Tract 6644. PASSED, APPROVED AND ADOPlED this 5th day of August, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\agenmisc\ressubsc I EXH!B~T . \~-, ~ . July 21, 1997 Lee Thompson City Of Dublin 100 Civic Plaza Dublin, CA 94568 Re: Substitution of Security Dear Lee, The City of Dublin ("City") currently holds an unrecorded promissory note secured by a Deed of Trust against Tract 6644 Lot #3. The purpose of that security was to insure the completion of certain construction work on our property. Since Lot #3 is now owned by another party (hotel) and the referenced construction work has not yet occurred, J. Panick Land Company ("JPL"), the managing partner of BJ-Dublin Commercial Partnership ("Owner"), is herein requesting that the City accept substitute surety as allowed in that promissory note and detailed in this letter. Per meetings and telephone conversations with Public Works, our engineer, Wilsey Ham, has . revised a Cost Estimate for Bonding Public Improvements ("Estimate") dated April 28, 1997 that now totals $268,200 (see enclosed). Herein, I propose that the Estimate be changed slightly to reflect current information. First, item 7, relocating a fire hydrant, is not necessary due to the recently recorded second lot line adjustment (L-97-2). Also, items 8 and 9, street trees and irrigation, should be removed from this estimate. The City Planning Dept has agreed that the street trees and irrigation to those trees will be installed by the lot buyers at the same time as the buyers install their own landscaping. With your concurrence, I will have Wilsey Ham revise the Estimate to show the aforementioned changes ("Revised Estimate'). The Revised Estimate should be approximately $259,000. As substitute security, I would propose that the City accept promissory notes and Deeds of Trust against our Parcels 2 and 4 of Parcel Map 7109. With the Revised Estimate in mind, the two promissory notes enclosed total $259,000. Parcel 2, securing a note for $102,500, is under contract with Kragen Auto Parts (CSK Auto) for $350,000 and is scheduled to close escrow before 11/14/97. Parcel 4, securing a note for $156,500, is in negotiations at $193,500 and would close approximately 3/15/98. Together the net proceeds from the sale of those two parcels would be approximately $450,000. For your information, Owner has improvement plans into both the City and DSRSD for approval. Following the approvals, Owner will install both the Sanitary Sewer Line and Loop Water System across the interior of the property. Owner will also do the traffic re-stripping and required signs in Dublin Blvd. to allow for the temporary left turn access into the project Additionally, Owner will . install the sidewalk and driveway approaches along Dublin Blvd. At the same time Owner will :;. EXHIBIT ~~. rl"\UI.l nlL;:)J;.1 n......'.1 ::;)It:) .::/::;) ::::II I I P.2 L PATRICK LAND . BJ DUBLIN COMMERCIAL TRACT 6644 and PARCEL MAP 7109 COST ESTIMATE FOR BONDING PUBLIC IMPROVEMENTS April 28. 1997 ITEM QUANTITY UNIT UNIT S PRICE AMOUNT 1 8' - SIDEWALK 980 LF $20.00 $19,1500 2 DRIVEWAY APPROACH 135 LF 28.00 3,808 3 AC PAVEMENT inc Base 41,730 SF 2.50 104.325 4 SANITA.RY SEWER UNE BACKFILL 1.255 LF 6.00 7.530 5 WATER LINE BACKFILL 553 LF 6.00 3,918 6 FIRE HYDRANTS 1 EA 2.500.00 2,500 7 RE1.0CA TE FIRE HYORANT 1 EA 1,000.00 1,000 8 STREET TREES 12 EA 150.00 1.800 9 IRRIGATION 1 lS 2,500.00 2.500 10 TRAFFIC RESTRIPPING & SIGNS 1 l$ 2,000.00 2,000 SUBTOTAL $148,981 DESIGN & CONTINGENCY @ 20% 29.81 g . TOTAL $118,800 100% FAITHFULL PERFORMANCE G 100% $178,800 LABOR AND MATERIALS @ 50% 89.400 TOTAL SURETY AMOUNT $268,200 'I WILSEY.'. HAM.. . . . . PROMISSORY NOTE $102,500 P1easanton, CA BJ Dublin Commercial, a California Limited Partnership ("Maker"), promises to pay to City of Dublin, a California Municipal Corporation ("Holder") at its offices at 100 Civic Plaza, Dublin, California, the principal sum of One Hundred Two Thousand Five Hundred Dollars ($102,500). 1. This note is secured by a Deed of Trust in the amount of One Hundred Two Thousand Five Hundred Dollars ($102,500) to be recorded against Parcel 2 of Parcel Map 7109, County of Alameda, State of California ('the Security Property"). 2. This note is given to secure Maker's faithful performance, labor and materials, of those certain public improvements described in the Cost Estimate for Bonding Public Improvements, Tract 6644 and Parcel Map 7109 dated April 28, 1997 ("Public Improvements'). Upon timely completion of the construction work described therein to the satisfaction of the Director of Public Works of Holder and upon Maker's delivery of one year maintenance surety satisfactory to Holder and a written request to the Holder, the Holder of this note shall have 45 days to: A. mark this note cancelled and return it to Maker; and, E. order the reconveyance of the security interest in the Security Property. 3. Maker may offer and Holder may accept substitute surety for Maker's faithful performance of the Public Improvements. In the event that Maker offers and Holder accepts substitute surety for Maker's performance thereunder, and upon Maker's written request to Holder, the Holder of this note shall have 45 days to: A. mark this note cancelled and return it to Maker; and, B. order the reconveyance of the security interest in the Security Property. 4. In the event that Maker fails to timely perform the Public Improvements, then, Holder shall give written notice to Maker demanding compliance with the performance of the Public Improvements within 30 days. If Maker has not performed to the satisfaction of the Director of Public Works of Holder within 30 days, then, Holder may issue a written demand on this note and said note shall be due and payable 30 days from the date of Maker's receipt of said demand. 5. In the event that collection action is required to enforce payment of this note, then, Maker shall also be obligated to pay Holder's reasonable attorney's fees incurred in said action. Dated: 7-29-97 BJ Dublin Commercial A California Limited Partnership By: 1. Patrick Land Company Its: General Partner By: ~C.~ P. Moore Its: President 5 .,....x' .,~..... ~~- ~ ~.,., ..~~ .~"" r Il..=... \.;"~ ~:i ~. . . 'I .~. .x~ . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO r-- THE CITY OF DUBLIN, A ~ MUNICIPAL CORP. 100 CIVIC PLAZA DUBLIN, CA 94568 . L 9750032 tscrow No. 9750032 Order No. DLM RK --1 SPACE ABOVE l1iIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY This DEED OF TRUST. made this 29 dayof July ,1997 ,between BJ DUBLIN COMMERCIAL, A CALIFORNIA LIMITED PARTNERSHIP herein called TRUSTOR, whose address Is 5627 Stoneridge Drive, Suite 320 Pleasanton, CA 94588 CHICAGO TITLE COMPANY, a California Corporation THE CITY OF DUBLIN, A MUNICIPAL CORPORATION , herein called TRUSTEE, and . herein called BENEFICIARY. Trustor irrevocably grants. transfers and assigns to Trustee .jn Trust, with Power of Sale that property in the Ci ty of Dub 1 in County of Alameda California. described as: LEGAL DESCRIPTION ATTACHED AND MADE A PART HEREOF BY REFERENCE Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents,'issues and profits. For the Purpose 01 Securing (1) payment of the sum of $. 102,500 with interest thereon according to the terms of a promissory note or notes 01 even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof; (2) the performance 01 each agreement of Trustor incorporated by reference or contained herein or reciting it is so secured; (3) Payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust . OT2PGl e/&c la:n /P Page 1 . . . Escrow No: 9750032 To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and aU of the terms and provisions set forth in subdivision A of that certain Fictitious Deed of Trust referenced herein, and It Is mutually agreed that aU of the provisions set forth In subdivision B of that certain Fictitious Deed of Trust recorded in the bDOk and page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite1he name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK Al.:meda UBB S56 Kings BS8 Alpine 3 130-31 lake -437 A1edor 133 43B lassen 192 Butte 1330 513 Los Angeles T-387B Calaveras 185 338 Madera SIll Colusa 323 3S11 PBrin 1BU Contra COsta 4684 1 M:lriposa SID Del Norte 101 5451 Mendocino 667 El Dorado 704 635 ~ced 1660 Fresno 5052 623 Modoe 191 Glenn 469 16 Mono 69 . HwdJoldt 801 B3 Monterey - 357 Iaperial llBSl 701 Napa 704 Inyo 165 672 Nevada 363 Kern 3756 690 Orange 7182 PAGE 713 110 367 874 136 122 453 951 753 93 302 239 742 94 IB COUNTY BOOK PAGE Placer 1028 37S1 Plumas 166 1307 Riverside 3778 347 SacraDento 71-10-26 615 San Benito 300 405 San Bernardino 6213 768 San Francisco A-804 596 San Joaquin 2855 283 San I..l1U Obispo 13ll 137 San Klteo 477B 175 Santa Barbara 2065 B81 - Santa Clara 6626 664 Santa Cruz 1638 607 Shasta BOD 633 San Diego Series 5 Book 1964, COUNTY BOOK Sierra Siskiyou Solano SonOIla Stanislaus Sutter Tehana Trinity Tulare TuolUllll'\e Ventura Yolo Yuba Page 149774 38 506 1287 2067 1970 655 457 108 2530 177 2607 769 398 PAGE 187 762 621 427 56 5B5 183 595 108 160 237 16 693 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and e, Qdentical in all counties) are printed on the following pages hereof, and are by the within reference thereto, incorporated herein and made ~ part of this Deed of Trust for all purposes as fully as If set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum allowed by laws. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. STATE OF CALIFORNIA COUNTY OF Alameda 7-29-97 On } } ss before me, Rrllf':p. B. Adams a Notary Public in and for said County and State, personally appeared John P. Moore BJ Dublin Commercial, A California Limited Partnership By: J. Patrick Lang Co., G.P. BY:~ C-~ P. Moore, President 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. capacityQes), 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. v.TN~handj~ NOT ARV'"S SlGNA'TURE DT2PG2 8/~ Ilsn '7 t @it~ ~,.~ ~ ~ ;U~E;.;D;MS~ ~ ~f ... / --' COMM.# 1051031 z ~ ; ::.' . Notary PlbIIc: - eaDfomla ~ z . :.'-- AlAMEDA COUNlY ... J ~ _" ~., ~ ~ ~or:m~ ~r~ F~B ~. ~W:( Page 2 (TlilS AREA FOR OFFlCIAI. NOTARIAl. SEAl OR STAMp) Escrow No; 9750032 DlM DO NOT RECORD . The following is a COpy of Subdivisions A and B of the fic:titious Deed of Trust recorded In each county in California as stated in the foregoing Deed of Trust and incorporated by relerence in said peed 01 Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property In good condition and repair; not to remove or demolish any building thereon; to .complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therelor; to comply with all laws affecting said property or requiring any alterations or Improvements to be made thereon; not to commit or permit waste thereof; not to commit, sutler or permit any act upon said property in violation 01 law; to cultivate, Irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or -waive any default or notice 01 default hereunder or Invalidate any act done pursuant to such notice. (3) To appear in and delend any action or proceeding purporting to affect the security hereol or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, Including cost of evidence of title and attorney's fees in a reasonable sum, In any action or proceeding In which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with Interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may, make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, PUrchase, contest or compromise any encumbrance, charge, or lien which in the judgement of either appears to b.e prior ~r superior hereto; and, in exercising any such powers, pay necessary expenses, employ Counsel and pay his or her reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditUre at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use 01 or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same effect as above provided for regarding disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his or her right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. . (3) That at any time or from time to time, without liability there lor and without notice, upon written request 01 Beneficiary and presentation 01 this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part 01 said property; consent to lhe making of any map or plat thereol; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request 01 Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of Its fees, Trustee shell reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or..facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto: (5) That as additional security, Trustor hereby gives to and confers upon Beneficiery the right, power and authority, during the continuence of these Trusts, to collect the rents, issues and profits of .said property, reserving unto Trustor the right, prior to eny default by Trustor in peyment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, Dr by a receiver to be appointed bye court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon end take possession 01 said property or any part thereof, in his or her own name sue for Dr otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness . secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said propel1y, the collection 01 such rents, issues and profits and the application thereol as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. OtzPG3 DI9' la:n g- Page 3 . . . Escrow No: 9750032 .DLM DO NOT RECORD (6)That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby Immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee.wlthout demand on Trustor, s.hall sell said property at the time and place fixed by It in said notice of sale, either as a whole or in separate parcels, and in such order as It may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all Dr any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals In such deed of any matters or facts shall be conclusive prool of the truthfulness thereof. Any person, including Trustor, .Trustee, Dr Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cosl of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law In effect at the date hereof; all other sums then se.cured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to lime, by instrument in writing, substitute a successor Dr successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county Dr counties where said property is situated, shaWbe conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. . (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term Beneficiary shall mean the owner and holder. including pledgees, of the note secured hereby, whether or not named as Beneficial)' herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and the singular number includes the plural. (9) The Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust Dr of any action Dr proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO CHICAGO TITLE COMPANY The undersigned is the legal owner and holder of the note Dr notes, and of a'l other indebtedness secured by the foregoing Deed of Trust. Said note Dr notes, together with all other indebtedness secured by-said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and 10 reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed ofTrust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which It secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. D72PGC 1iIf9' lIsn '1 Page 4 I Page 1 DESCRIPTION Order No. 9750032 RK CITY OF DUBLIN PARCEL ONE: . PARCEL 2 OF PARCEL MAP 7109, FILED MAY 19, 1997, IN BOOK 229 OF PARCEL MAPS, PAGES 91 AND 92, ALAMEDA COUNTY RECORDS. RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCELS 1, 3 AND 4 OF PARCEL MAP 7109 AND APPURTENANT TO LOTS 3 THROUGH 9 OF TRACT 6644, FILED FEBRUARY 18, 1994, IN BOOK 210 OF MAPS, PAGES 98 THROUGH 100, OVER, UNDER, ALONG AND THROUGH THOSE AREAS OF SAID PARCEL 3 SHOWN AS "PRIVATE ACCESS" ON PARCEL MAP 7J.09. PARCEL TWO: NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 2 OF PARCEL MAP 7J.09, OVER, UNDER, ALONG AND THROUGH THOSE AREAS OF PARCELS J., 3 AND 4 SHOWN AS "PRIVATE ACCESS" ON PARCEL MAP 7109. PARCEL THREE: NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 3 OF PARCEL MAP n 09 , OVER, UNDER, ALONG AND THROUGH THE FOLLOWING DESCRIBED LAND: BEING A PORTION OF LOTS 2 THROUGH 9 AS SHOWN ON THE MAP ENTITLED "TRACT MAP 6644" AS FILED FEBRUARY 18, 1994 IN BOOK 210 OF MAPS AT PAGES 98 THROUGH 100 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 9; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 9 NORTH 880 42' 58" WEST 7.44 FEET TO THE POINT OF BEGINNING; 'l'HENCELEAVING SAID NORTH LINE SOUTH 460 2B' 47" EAST 67.81 FEET; THENCE SOUTH 0J.0 J.3' 02" WEST lOB. 04 FEET; THENCE NORTH 880 46' 58" WEST 24.00 FEET; THENCE NORTH OJ.o J.3' 02" EAST J.7.00 FEET; THENCE NORTH 39025' 52" WEST 2.64 FEET; THENCE NORTH B80 46' 58" WEST 20B.91 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOU'l'HEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF B90 56' 00" AN ARC LENGTH OF 31.39 FEET; THENCE SOUTH 010 17' 02" WEST 14.02 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT 6644; THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH BBO 46' 58" WEST 32. DO FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 010 J. 7' 02" EAST 13. 9B FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 04' 00" AN ARC LENGTH OF 31.44 FEET; THENCE NORTH BBo 46' 58" WEST 251.11 FEET TO"''J;'HE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1089.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 010 43' 31" AN ARC LENGTH OF 32.79 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTIiEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 910 26' 54" AN ARC LENGTH OF 31.92 FEET; THENCE SOUTH 010 57' 23" EAST 13.68 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT MAP 6644, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1055.00 FEET (A RADIAL L:!:NE THROUGH SAID POINT BEARS NORTH no 34' 31" WEST); THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 020 10' 21" AN ARC LENGTH OF 4 0 . 0 0 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH DID 57' 23" WEST 23.20 FEET TO THE BEGINNING OF . to / . . . DESCRIPTION Order No. 9750032 RK Page 2 A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEETi THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 920 50' 27" AN ARC LENGTH OF 32.41 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1089.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 180 28' 33" AN ARC LENGTH OF 351.16 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 540 55' 11" AN ARC LENGTH OF 19.17 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT.MAP 6644; THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH 880 46' 58" WEST 22.37 FEET; THENCE NORTH 250 12' 11" WEST 38.43 FEET TO THE BEGINNING OF A'TANGENT CURVE CONCAVE .SOUTHWESTERLY HAVING A RADIUS OF 113.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 29' 30" AN ARC LENGTH OF 44.36 FEET; THENCE NORTH 470 41' 41" WEST 22.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54' 14" AN ARC LENGTH OF 10.22 FEET; THENCE LEAVING SAID CURVE NORTH 380 24' 05" EAST ~3.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF ~63.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 380 24' 05" EAST); THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54' ~4" AN ARC LENGTH OF 11.11 FEET; THENCE SOUTH 470 41' 41" EAST 22.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 126.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 15' 04" AN ARC LENGTH OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20. 00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 860 05' 56" AN ARC LENGTH OF 30.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF ~115. 00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 230 32' 33" WEST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240 47' 22" AN ARC LENGTH OF 482.41 FEET; THENCE SOUTH 880 46' 58" EAST 511.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC LENGTH OF 3~.42 FEET; THENCE NORTH O~D ~3' 02" EAST 3~.55 FEET; THENCE NORTH 46D 28' 47" WEST 84.95 FEET TO A POINT LYING ON SAID NORTH LINE OF TRACT MAP 6644; THENCE EASTERLY ALONG SAID NORTH LINE SOUTH 88D 42' 58" EAST 38.68 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NOS. 941-0550-052 (PORTION) 941-0550-053 (PORTION) /1 SUBORDINATION ESCROW INSTRUCTIONS Oal. . The undersigned deposit herewith the following in connection with the above captioneo escrow: Subordination Agreement, whereby the undersigned Lender's Deed of Trust Executed by BJ Dublin Commercial . Transamer;ca Title Co. Bogue Property Investment Co. Trustee Beneficiary Dated Recorded on lost/Series No. Book/Reel County Rec. Securing a Note In the sum of $ Dated 5/16/B8 5/19/88 H!.l-1l!.l927 n/a Alameda Page/Image n/a 2,000,000.00 5/16/88 Is subordinated to a Deed of Trust Executed by BJ Dub 1; n COlTlllerci a 1 Trustee Beneficiary Chicago Title Co. The City of Dublin Securing a Note In the sum of $ Dated 102,500 7-29-97 . The unden;igned Lender(s) hereby acknowledge(s) having read and approved copies of the new lender's instructions, the new note and deed of trust and has/have read and approved the preliminary report No. 9750032 DLM . dated covering the referenced property. You are authorized and Instructed io record said Subordination Agreement concurrently with the Deed of Trust last noted hereinabove, upon holding for the unden;igned Lender(s) the following: o with no demand for consideration to the unden;igned o The undersigned Lender(s) hereby acknowledge(s) that the effect of this subordination wUllower the priority of their Deed ofTru~. - Existing/Subordination Lender. Borrower(s) Bogue Property Investment Company, A California General Partnership By: John P. Moore, Managing G.P. BJ Dublin Commercial, A California Limited Partnership By: J. Patrick Land Co., G.P. a c. 1'1A-- By; ~c.~ ohn P Moore, President Address 5627 Stoneridge Drive, Suite 320 Pleasanton, CA 94~88 Address 5627 Stoneridoe Drive. Suite 320 Pleasanton. CA 94588 . P!i7flO_ jJ.. . . . RECORDING REQUESTED BY J. Patrick Land Company AND WHEN RECORDED MAIL TO 5627 Stoneridge Drive, Suite 320 Pleasanton, CA 94588 Order No. 9750032 RK Escrow No.. 9750032 DI MI _. _ SPACEA8OVETHlSUNEFORRECOROER"SUSE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE' PROPERTY BECOMING SUBJECf TO AND OF LOWER PRIORITY THAN THE UEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THJS AGREEMENT, made A California Limited Partnership ,by BJ Dublin Commercial, owner of the land hereinafter described and hereinafter referred to as "Owner", and Bogue Property Investment Company, A California General Partnership present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH ~Tvn{E~S, BJ Dubl;n Commercial, A California Limited Partnership did execule a deed of trust, dated May 16, 1988 , to T . T . tl C ranSamerlCa 1 e O. as truslee, covering thal certain real properly described as: LEGAL DESCRIPTION ATTACHED AND MADE A PART HEREOF BY REFERENCE to secure a nol e in the sum of S 2 , 000 , 000. 00 ,dated May 16, 1988 . Bogue Property Investment Company, A California General Partnership . which deed of trust was recorded May 19, 1988 in book/reel n/ a , page/image Official Records of said county and/or as document number/series Ser; es Number 88-118927 Page 1 of3 , in favor of n/a ; and SAA\ 7/;Jgn I~ WHEREAS, Owner has executed, or 1S about to execute, a deed of trust and note In S 102,500 ,dated 7-29-97 the sum of , in favor of THE CITY OF DUBLIN, A MUNICIPAL CORPORATION hereinafter referred to as MLenderM, payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and . WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at alLtimes a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, whcn recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the d~ed of trust first above mentioned. . . NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and oiher valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) - That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all .agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any sueh agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons. to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall nOt defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred. to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations arc being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and Page 2 of3 SAA2 7/&3 bn /1{ . .- . I (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the dccd of trust in favor of Lender above re[erred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR PURPOSES OTHER THAN IMPROVEMENT OF THE LAND. Bogue Property Investment Company, A California General Partnership By: John P. Moore, Managing G.P. BJ Dublin Commercial A California Limited Partnership BY: J. Patrick Land Co., G.P. aC.~ 2t (T-1'\/'- . JD P. Moore, Pre~;dent By: (All signatures must be acknowledged) . Page 3 of3 This Form Furnished by Chicago Title Company SAA3 7/S3 ksn J S IT IS RECOMMENDED :IHAT, PlUOR TO THE EXECUTION OF nus SUBORDINATION AGREEMENT, nIE PARTIES CONSULT Wm-l THElRAITORNEYS WITH RESPECTTI'IERETO. (SUBORDINATION FORM "A" DEED OFTRt!Sf OF RECORD TO NEW DEED OFTRUST) I Page 1 DESCRIPTION Order No. 9750032 RK CITY OF DUBLIN PARCEL ONE: .. PARCEL 2 OF PARCEL MAP 7~09, FILED MAY ~9, ~997, IN BOOK 229 OF PARCEL MAPS, PAGES 9~ AND 92, ALAMEDA COUNTY RECORDS. RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCELS ~, 3 AND 4 OF PARCEL MAP n09 AND APPURTENANT TO LOTS 3 THROUGH 9 OF TRACT 6644, FILED FEBRUARY ~8, ~994, IN BOOK 210 OF MAPS, PAGES 98 THROUGH 100, OVER, UNDER, ALONG AND THROUGH THOSE AREAS OF SAID PARCEL 3 SHOWN AS "PRIVATE ACCESS" ON PARCEL MAP 7109. PARCEL TWO: NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 2 OF PARCEL MAP n09, OVER, UNDER, ALONG AND THROUGH THOSE AREAs OF PARCELS 1, 3 AND 4 SHOWN AS "PRIVATE ACCESS" ON PARCEL MAP 7109. PARCEL THREE: NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 3 OF PARCEL MAP 7109, OVER, UNDER, ALONG AND THROUGH THE FOLLOWING DESCRIBED LAND; BEING A PORTION OF LOTS 2 THROUGH 9 AS SHOWN ON THE MAP ENTITLED "TRACT MAP 6644" AS FILED FEBRUARY 18, 1994 IN BOOK 210 OF MAPS AT PAGES 98 THROUGH 100 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLy DESCRIBED AS FOLLOWS; . COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 9; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 9 NORTH 880 42' 58" WEST 7.44 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 460 28' 47" EAST 67.81 FEET; 'THENCE SOOTH 01.0 13' 02" WEST J.08.04 FEET; THENCE NORTH 880 46' 58" WEST 24.00 FEET; THENCE NORTH OJ.o J.3' 02" EAST J.7.00 FEET; THENCE NORTH 390 25' 52. WEST 2.64 FEET; THENCE NORTH 880 46' 58" WEST 208.n FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CEN'l'RAL ANGLE OF 890 56' DO" AN ARC LENGTH OF 31..39 FEET; THENCE SOOTH 01.0 17' 02" WEST 14.02 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT 6644; THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH 880 46' 58" WEST 32.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 010 17' 02" EAST J.3. 98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 04' DO" AN ARC LENGTH OF 31..44 FEET; THENCE NORTH BSo 46' 58" WEST 251..J.J. FEET TO"".qm BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1089.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF OJ. 0 43' 3J." AN ARC LENGTH OF 32.79 FEET TO 'THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 910 26' 54" AN ARC LENGTH OF 3J.. 92 FEET; THENCE SOUTH OJ." 57' 23" EAST 13.68 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT MAP 6644, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1055.00 FEET (A RADIAL LiNE THROUGH SAID POINT BEARS NORTH 010 34'. 31" WEST); THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 020 10' 21" AN ARC LENGTH OF 40.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 010 57' 23" WEST J.3 .20 FEET TO THE BEGINNING OF . " .- . . DESCRIPTION Order No. 9750032 RK rage 2 A TANGENT CURVE CONCA~ oOlTl'HWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY, NO~THWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE _ OF---9Z-- 50i -- 2 7" AN ARC LENGTH OF 32.41 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 108!:l.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18 0 28' 33" AN ARC LENGTH OF 351. 16 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 540 55' 11" AN ARC LENGTH OF 19.17 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT MAP 6644; THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH B80 46' 58" WEST 22.37 FEET; THENCE NORTH 250 12' 11" WEST 38.43 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 113.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 29' 30" AN ARC LENGTH OF 44.36 FEET; THENCE NORTH 470 41' 41" WEST 22.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54' 14" AN ARC LENGTH OF 10.22 FEET; THENCE LEAVING SAID CURVE NORTH 380 24' OS" EAST 13.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 163.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 380 24' OS" EAST); THENCE S01Tl'HEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54' 14" AN ARC LENGTH OF 11.11 FEET; THENCE SOUTH 470 41' 41" EAST 22.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 126.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 15' 04 It AN ARC LENGTH OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20. 00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF B60 05' 56" AN ARC LENGTH OF 30.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1115.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 230 32' 33" WEST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240 47' 22" AN ARC LENGTH OF 4 82 .41 FEET; THENCE SOUTH 8 B 0 .. 6' 5 B" EAST 511..16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 00' 00" AN ARC LENGTH OF 31.42 FEET; THENCE NORTH 010 13' 02" EAST 31.55 FEET; THENCE NORTH 460 28' 47" WEST 84.95 FEET TO A POINT LYING ON SAID NORTH LINE OF TRACT MAP 6644; THENCE EASTERLY ALONG SAID NORTH LINE SOUTH 880 42' 58" .EAST 38.68 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NOS. 941-0550-052 (PORTION) 941-0550-053 (PORTION) /1 CALIFORNIA ALL.PURPOSE ACKNOWLECSMENT --------c-~~~~~ State of a?J~/1f- ~ On 7-?-9 - '17 before me, ~ ~ A-i)4r1S I )..Jor~ pr.tOt..ll7- personally appeare:le c:/t?NP1'. /-?CJO"lJ€: Name and lllle of OfliC9r (e.g., 'Jane Doe, Notary Public') , Name(s) of Signer(s) ~rsonallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person,fsf whose name(s))Slare subscribed to the within instrument and acknowledged to me that he/~ReY executed the same in hislJ:tS'fltASfr authorized capacity(ies), and that by hisl.Rer/tl:teir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. County of r:~~~-- -~~~~-- ~ ~aAOMu 1 j _ :..' _.' COMM. # 1051031 z ' - t.- Notary PlbIlc - CaBfornIo ~ , AlAMEDA COUNTY ~ .. . .,. My Comm. ExpIres FEB 18, 1999 WITNESS my hand and official seal. ~;r~ Signature of Notary Public OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TItle or Type of Document:5~~.lVAZ77~ ~ Document Date: 7-2,,'1- '17 Number of pages~rdLes:er;'f-..q' Signer(s) Other Than Named Above: ).../oJrf2- Capacity(ies) Claimed by Signer(s) Signer's Name: ..;]dfflti 11&tOtt6 &'Individual o Corporate Officer ]itle(s): g Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: ~ L):J rt;J M 04;z..e: o Individual o Corporate Officer :ptle(s): [B"Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: ~b !/bl'lY~ Signer Is Representing: 'P:J:fNf;It"; ~~~ C> 1994 National Notary Aaoc:iation. 8236 Rammel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 If _ Prod. No. 5907 Reorder: Call TolI.Free 1-800-876-6827 . . . $156,500 PROMISSORY NOTE Pleasanton, CA BJ Dublin Commercial, a California Limited Partnership ("Maker"), promises to pay to City of Dublin, a California Municipal Corporation ("Holder") at its offices at 100 Civic Plaza, Dublin, California, the principal sum of One Hundred Fifty Six Thousand Five Hundred Dollars ($156,500). 1. This note is secured by a Deed of Trust in the amount of One Hundred Fifty Six Thousand Five Hundred Dollars ($156,500) to be recorded against Parce14 of Parcel Map 7109, County of Alameda, State of California ('the Security Property''). 2. This note is given to secure Maker's faithful performance, labor and materials, of those certain public improvements described in the Cost Estimate for Bonding Public Improvements, Tract 6644 and Parcel Map 7109 dated April 28, 1997 ("Public Improvements''). Upon timely completion of the construction work described therein to the satisfaction of the Director of Public Works of Holder and upon Maker's delivery of one year maintenance surety satisfactory to Holder and a written request to the Holder, the Holder of this note shall have 45 days to: A. mark this note cancelled and return it to Maker; and, B. order the reconveyance of the security interest in the Security Property. 3. Maker may offer and Holder may accept substimte surety for Maker's faithful performance of the Public Improvements. In the event that Maker offers and Holder accepts substitute surety for Maker's performance thereunder, and upon Maker's written request to Holder, the Holder of this note shall have 45 days to: A. mm:k this note cancelled and return it to Maker; and, B. order the reconveyance of the security interest in the Security Property. 4. In the event that Maker fails to timely perform the Public Improvements, then, Holder shall give written notice to Maker demanding compliance with the performance of the Public Improvements within 30 days. If Maker has not performed to the satisfaction of the Director of Public Works of Holder within 30 days, then, Holder may issue a written demand on this note and said note shall be due and payable 30 days from the date of Maker's receipt of said demand 5. In the event that collection action is required to enforce payment of this note, then, Maker shall also be obligated to pay Holder's reasonable attorney's fees incurred in said action. Dated: 7-29-97 BJ Dublin Commercial A California Limited Partnership By: J. Patrick Land Company Its: General Partner By: ~C.~ P. Moore Its: President /1 ."........VKVll'lU KtUU.t:.STED BY AND WHEN RECORDED MAIL TO r THE CITY OF DUBLIN, A -, MUNICIPAL CORP. 100 CIVIC PLAZA DUBLIN, CA 94568 -. how No. 50S0aOOOS. DLM Order No. SOSOAOOOS RK ~ SP.roce ABOVE THIs !ME FOR RE~ USE DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURllY This DEED OF TRUST, made this 29 dayo~ July ,1997 ,between - BJ DUBLIN COMMERCIAL, A CALIFORNIA lIMITED PARTNERSHIP herein called TRUSTOR, whose address is 5627 Stoneridge Drive, Suite 320 Pleasanton, CA 94588 - CHICAGO TI:rLE COMPANY, a California Corporation THE CITY OF DUBLIN, A MUNICIPAL CORPORATION , herein called TRUSTEE, and . herein called BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in the Ci ty of Dub 1 in County of Alameda California, described as: LEGAL DESCRIPTION ATTACHED AND MADE A PART HEREOF BY REFERENCE Together with the rents, issues and profits thereof, subjec:t, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to coUec:t and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of $.1S6 ,SOD with interest thereon according to the terms of a . . prorfmissory notfe or h"otes of even dTate herewith made byb Truts tor, payable to ~rderhof ~neficj~rr, a~~ extensionsdor(3re) ,:wals therfeodf;d~2t} the!. ; pe ormanee 0 eac agreemenl Df rustor incorporated. y re erence Dr contained ereln Dr reCIting .1.5 so secure; rayment 0 a Ilona sums and interest thereon which may hereafter be 'oaned to Trustor, Dr his suc:c:essors Dr assigns, when evidenced by a promissory note Dr notes reciting that they are sec:ured by this Deed oITrust OT2f'G I a,e.. ..." ;;..0 Page 1 I . . . DESCRIPTION Order No. 50S0A0005 RK Page 2 A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 920 50' 27" AN ARC LENGTH OF 32.4~ FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF U89.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ~80 28' 33" AN ARC LENGnI OF 35L~6 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20. 00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 540 55' 11" AN ARC LENGTH OF 19.17 FEET TO A POINT LYING ON THE SOUTIIERLY LINE OF SAID TRACT MAP 6644; THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORnI 880 46' 58" WEST 22.37 FEET; THENCE NORTH 250 ~2' 11" WEST 38.43 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY mVING A RADIUS OF 113.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 29' 3D" AN ARC LENGTH OF 44.36 FEET; THENCE NORTH 470 41' 41" WEST 22.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54' 14" AN ARC LENGTH OF 10.22 FEET; THENCE LEAVING SAID CURVE NORTH 380 24' OS" EAST D.OO FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF H3.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 380 24' OS" EAST); THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH. A CENTRAL ANGLE OF 030 S4' 14" AN ARC LENGTH OF 1L11 FEET; THENCE SOUTH 470 41' 41" EAST 22.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF ~26. 00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 ~5' 04 II AN ARC LENGTH OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOtITHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 860 05' 56" AN ARC LENGTH OF 30. 05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1115.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 230 32' 33" WEST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240 47' 22" AN ARC LENGTH OF 482.41 FEET; '!'HENCE SOUTH B80 46' 58" EAST 511.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH. A CENTRAL ANGLE OF 900 DO' 00" AN ARC LENGTH OF 31.42 FEET; THENCE NORTH 010 13' 02" EAST 3~. 5S FEET; THENCE NORTH 460 28' 47" WEST 84. 5IS FEET TO A POINT LYING ON SAID NORTH LINE OF TRACT MAP 66-44; THENCE EASTERLY ALONG SAID NORTH LINE SOUTH 880 42' 58" EAST 38.68 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. 5I4~-0550-053 "I Escrow No: 5050A0005 DLM . To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expreSSly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A of that certain Actftious Deed of Trust referenced herein, and It Is mutually agreed that all of the provisions set forth in subdivision B of that certain Actitious Deed of Trust recorded in the book and page of Official Records In the office of the county recorder of the COunty where said property is located, noted below oppositrthe name of such COunty, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE AlaJreda 1288 556 Kings 85B 713 Placer 102B 379 Sierra 3B 187 Alpine 3 130-31 lake 437 110 PIWlBs 166 1307 Siskiyou 506 762 Alrador 133 43B lassen 192 367 Riverside 377B 347 Solano 12B7 621 Butte 1330 513 los Angeles T-387B 874 Sacramento 71-10-26 615 Sonoma 2067 427 Calaveras 1B5 338 Kldera 9ll 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 K3rin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 46B4 1 Mariposa 90 453 San Francisco A-B04 596 Tehalla 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 2B3 Trinity 108 595 [1 Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 ~doc 191 93 San Hateo 4778 175 TuolWllle 177 160 Glenn 469 76 M::lno 69 302 Santa Barbara 2065 881 Ventura 2607 237 . HwIboldt 801 83 ~nterey . 357 239 . Santa Clara 6626 664 Yolo 769 16 lDperial 1189 701 Napa 704 742 Santa Cruz 1638 fi07 Yuba 398 693 lnyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Diego Series 5 Book 1964, Page 149774 shal/lnure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said. subdivisions A and B, ~denticalln all counties) are printed on the following pages hereof, and are by the within reference thereto, incorporated herein and made ~ part of this Deed of Trust for aI/ purpOses as fully as If set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum aI/owed by laws. The undersigned Trustor, requests that a copy of any notice of default and any notice Df sale hereunder be mailed to him at his address hereinbefore set forth. BJ DUBLIN COMMERCIAL, A California Limited Partnership By: J. Patricl Land Co., G.P. On 7-29-97 Bruce B. Adams a Notary Public In and for said County and State, personally appeared John P. Moore Alamed~ } } ss BY:~C-~- Joh P. Moore, President STATE OF CALIFORNIA COUNTY OF before me, 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. capsc/ty(ies), and that by hiS/her/their signature(s) on the instrument the plllrSOn(s), or the entity upDn behalf of which the person(s) acted, executed the instrument ~~7A HOl: SSlG"IATuRE r@ - - ~~:o.:...- -1 :( .' ,,~ COMM, '# 1051031 z z ~ .:..' . . Notary PlbIic - Callfomla z Z if- Al.AMEoA COUNTY ~ J .0 - MyC""""-_fEl 18.1"':1 . - . . . . - . . . . . . . DT2PG29/l1041l5n ~ (THIS AAEA. FOR OI'FlCIAl NOTARLCU. SEAl OR STAMp) Page 2 Escrow No: ~050AoD 5 DLM . DO NOT RECORD The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded In each county In California as stated in the foregoing Deed of Trust and incorporated by reference i~ said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor perfonned and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be - made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, Irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specifiC enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire Insurance satisfactory to and with loss payable to BenefiCiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum) in any action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water slock; when due, all encumbrances, charges and liens, with interest, on said property or aliy part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may, make or do the 5ame in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any aotion or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgement of either appears to be prior.or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees. . (5) To pay immediately and without demand all sums $0 expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when 5aid statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same effect as above provided for regarding disposition of proceedS of fire or other insurance. (2) That by accepting payment of any sum secured hereby after Its due date, Beneficiary does not waive his or her right either to require prompt payment when due of all other sums $0 secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, .and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of Jt.aid property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereol. (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and u.pon surrender of this Deed and said note to Tru$tee for cancellation and retention or other disposition as Trustee in Its sole discretion may choose and upon payment of its tees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or'facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto: - (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of 5aid property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his or 'her own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and ellpenses of operation and collection, including reasonable attorney's fees. upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection 01 such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. . DT2PG38fe.c kSn ~~ Page 3 Escrow No: 5050AOO 05DLM (6)That upon default by Trustor in payment of any indebtedness secured hereby or in perlormance of any agreement hereunder, Beneficiary may declare all sums secured hereby Immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of ejection to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. DO NOT RECORD . After the tapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, ~rustee without demand on T~ustor, shall sell said property at the time and place fixed by It in said notice of sale, either as a whole or In separate parcels, and In such order as It may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding pOstponement. Trustee shall deliver to such purchaser Its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. Af!er deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with acc:rued interest at the amount allowed by law in effect at the date hereof; all other sums. then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any Successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or Successors to any Truste,: named herein or acting hereunder,. which instrument, executed by the Beneficiary and. duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. . (B) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and the singular number includes the plural. (9) The Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is. obligated to notity any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary Trustee Shall be a party unless brought by Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO CHICAGO TITLE COMPANY The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, tOl;jether with all other indebtedness secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms 01 said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which It secures. Both must be delivered to the Trustee fO. cancellation before reconveyance will be made. OUPG.9/9.""n ;Z r Page 4 I DESCRIPTION Order No. S050AOOOS RK Page 1. CITY OF DUBLIN . PARCEL ONE: PARCEL 4 OF PARCEL MAP 71.09, FILED MAY 1.9, 1.997, IN BOOK 229 OF PARCEL MAPS, PAGES 91. AND 92, ALAMEDA COUNTY RECORDS. RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCELS 1., 2 AND 3 OF PARCEL MAP 71.09 AND APPURTENANT TO LOTS 3 THROUGH 9 OF TRACT 6644, FILED FEBRUARY 1.8, 1.994, IN BOOK 21.0 OF MAPS, PAGES 98 THROUGH 1.00, INCLUSIVE, OVER, UNDER, ALONG AND THROUGH THOSE AREAS OF SAID PARCEL 4 SHOWN AS "PRIVATE ACCESS" ON PARCEL MAP no 9. PARCEL TWO: NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 4 OF PARCEL MAP 71.09, OVER, UNDER, ALONG AND THROUGH THOSE AREAS OF PARCELS 1., 2 AND 3 SHOWN AS "PRIVATE ACCESS" ON PARCEL MAP 71.09. PARCEL THREE: NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 4 OF PARCEL MAP 71.09, OVER, UNDER, ALONG AND THROUGH THE FOLLOWING DESCRIBED LAND: BEING A PORTION OF LOTS 2 THROUGH 9 AS SHOWN ON THE MAP ENTITLED "TRACT MAP 6644" AS FILED FEBRUARY ~8, ~994 IN BOOK 21.0 OF MAPS AT PAGES 98 THROUGH 1.00 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED.AS FOLLOWS: . . COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 9; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 9 NORTH 880 42' 58" WEST 7.44 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 460 2B' 47" EAST 67. B1. FEET; THENCE SOUTH 01.0 1.3' 02" WEST 1.08.04 FEET; THENCE NORTH B80 46' 58" WEST 24.00 FEET; THENCE NORTH OP 1.3' 02" EAST 1. 7 . 0 0 FEET; THENCE NORTH 3 9 0 2 5 ' 52" WEST 2.64 FEET; THENCE NORTH B80 46' 58" WEST 208.91. FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; "l'BENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A cENTRAL ANGLE OF 890 56' 00" AN ARC LENGTH OF 31..39 FEET; THENCE SOUTH OP 1.7' 02" WEST 1.4.02 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT 6644; THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH 880 46' 58" WEST 32.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01.0 17' 02" EAST 13. 9B. FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALoNG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 04'... 00" AN ARC LENGTIi OF 31..44 FEET; THENCE NORTH B80 46' 58" WEST 251..1.1. FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1.089.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01.0 43' 31." AN ARC LENGTH OF 32.79 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE. SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOtTI'HWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91. 0 26 ~ 54" AN ARC LENGTH OF 31.. 92 FEET; THENCE SOUTH 01.0 57' 23" EAST 1.3.68 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT MAP 6644, SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF ~OS5. 00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH OP 34' 31" WEST); THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 020 1.0' 21." AN ARC LENGTH OF 40.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 01.0 57' 23" WEST 1.3.20 FEET TO THE BEGINNING OF ;.? SUBORDINATION ESCROW INSTRUCTIONS [),ole . The undersigned deposit herewith the following in connection with the above captionea escrow: Subordination Agreement;whereby the undersigned Lender's Deed of Trust Executed by BJ Dublin Commercial Trustee Beneficiary Transamerica Title Co. Bogue Property Investment Co. Dated Recorded on Inst./Series No. Book/Reel County Rec. Securing a Note In the sum of $ Dated 5/16/88 5/19/88 88-118927 n/a Alameda Page/Image n/ a 2,000,000.00 5/16/88 Is subordinated to a Deed oITrust Executed by BJ Dub 1 in COllll1erc i a 1 Trustee Beneficiary Chicago Title Co. The City of Dublin Securing 8 Note In the sum of $ 156:500 Dated The uncJerslgned Lender(s) hereby aCknowtedge(s) having read ancJ approved copies of the new lender's instructions~ the new note and deed of trust and has/have read and approved the preliminary report No. 5050AOOO 5 DLM . . dated . covering the referenced property. You are authorized and instructed to record said Subordinallon Agreement concurrently with the Deed of T rust last noted hereinabove. upon holding for the undersigned Lender(s) the following: t&1 with no demand for consideration to the undersigned o . The undersigned LencJer(s) herebyacknowledge(s) that the effect of this subordination wUl iower the priority of their Deed oITrusl . Existing/Subordination Lender. BOfTower(s) Bogue Property Investment Company, A California General Partnership By: John P. Moore, Managing G.P. BJ Dublin Commercial, A California limited Partnership By: J. Patrick land Co., G.P. Ore;. .~ By: ~Q.~ n P. Moore, Pres1dent Address 5627 Stoneridge Drive, Suite 320 Pleasant"n. CA q45RR Address 5627 Stoneridge Drive, Suite 320 P1c~~~n~~~. CP 94~Re . (;IS7flQ_ ,/{6 RECORDING REOUESTED BY J. Patrick Land Company . AND WHEN RECORDED MAIL TO 5627 Stoneridge Drive, Suite 320 Pleasanton, CA 94588 . Order No. 5050AOOQ 5 RK Escrow No.5050AOO 5 DLM sPACE A90VE 'THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN. YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.- THIS AGREEMENT, made 7 -29-97 A California Limited Partnership ,by BJ Dublin Commercial, owner of the land hereinafter described and hereinafter referred to as "Owner", and Bogue Property I nves tment Company, a California General Partnership . present owner and holder of the deed of trust and note first hereinafter described .and hereinafter referred to as "Beneficiary"; WITNESSETH TEU\T~,BJ Dublin Commercial, A California Limited Partnership did execute a deed of trust, dated May 16, 1988 ,to Transamerica Title Co. as trustee, covering that certain real property described as: LEGAL DESCRIPTION ATTACHED AND MADE A PART HEREOF BY REFERENCE . losecureanoleinlhesumofS 2,000,000.00 .daled May 16,1988 Bogue Property Investment Company, A California General Partnership , in favor of which deed oftrusl was recorded May 19, 1988 in book/reel n/a Official Records of said county and/or as documenl number/series Seri es Number Page] of3 . page/image n/ a 88-118927 ; and Sf.,A "/113 IIsn ~.? ~- WHEREAS, Owner has execuled, or is about to execute, a deed S 156,500.00 ,dated 7-29-97 THE CITY OF DUBLIN, A MUNICIPAL CORPORATION of trust and note In the sum of , in favor of hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times. a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first abovementioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien. or charge upon the above aescribed property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the samc shall, when recorded, constitute a lien or charge Upon said land which is unconditionally prior and superior to the lien or chargc of the deed of trust first above mentioned. . . NOW, THEREFORE,. in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all Limes a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) - That Lender would not make its loan above described without this subordination agrecment. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust f1Tst above mentioned to the Iien or chargc of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affectlhc priority between the deeds of trust hereinbefore specifically described, any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioncd, which provide for the subordination of the lien or charge thereof to another deed or decds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (1) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all ilgreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disburscments pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to thc application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such procecds for purposes other than those provided for in such agrcement or agreements shall not defeat the subordination hercin made in whole or in part; (c) Hc intentionally and unconditionally waives, relinquishes and subordinatc.c; the lien or chargc of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred -to and understands that in rcliance Upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances arc being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered inlo which would not be made or entcred into but for said rcliance upon this waiver, relinquishment and subordination; and Page20f3 ~7/B3l<s>1 ~r - I . . . DESCRIPTION Page 2 Order No. 5050A0005 RK A "tANGElI.'T CURVE CONCAVE SOU'I'HWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 920 SO' 27" AN ARC LENGTH OF 32.41 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEAsTERLY HAVING A RADIUS OF 1089.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 180 28' 33" AN ARC LENGTH OF 351.16 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTIiEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY AND SOUTIiERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 540 55' 11" AN ARC LENGTH OF 19. J. 7 FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT MAP 6644; THENCE WESTERLY ALONG SAID SOlTl'HERLY LINE NORTH 880 46' 58" WEST 22.37 FEET; THENCE NORTH 250 J.2' 11" WEST 38.43 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 113.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 29' 30" AN ARC LENGTH OF 44.36 FEET; THENCE NORTH 470 4J.' 41" WEST 22.J.8 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 150.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54' 14" AN ARC LENGTH OF 10.22 FEET; nmNCE LEAVING SAID CURVE NORTH 380 24' OS" EAST 13.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 163.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 3Bo 24' 05" EAST); THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH. A CENTRAL ANGLE OF 030 54' 14" AN ARC LENGTH OF 11.:11 FEET; THENCE SOUTH 470 41' 41" EAST 22.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 126.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 15' 04" AN ARC LENGTH OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 860 05' 56" AN ARC LENGTH OF 30.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1115.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 230 32' 33" WEST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240 47' 22" AN ARC LENGTH OF 4B2.41 FEET; THENCE SOUTH B80 46' SB" EAST 511.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 DO' 00" AN ARC LENGTH OF 31.-42 FEET; 'I'HENCE NORTH 010 ~3' 02" EAST 31.55 FEET; THENCE NORTH 460 28' 47" WEST 84.95 FEET TO A POINT LYING ON SAID NORTH LINE OF TRACT MAP 6644; THENCE EASTERLY ALONG SAID NORTH LINE SOUTH B80 42' 58" EAST 38.68 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. 941-0550-053 '?/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of State of ClJUfOlt#/jf- 4-t-~GD4- 7-;;'9-1'7 . before me, "$IZAJ~!? /Jj)~>, )J07Av-r' fUf> ..;;;12JH;AJ p. /-1 0tJ dme and 11118 of OffICer (e.g.. "Jane Doe, Notary- Public") Name(s) of Signa/(s) ~ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. On Dais personally appeared f-'~-~--~- - @~. "-.::-. 8RUCE~.:DA-MS- - 1 c:: : ..>1" .'~ COMM. # 1051031 - '-Q' . z Z ',,J;- - - Notary PUblic - California Z . . , AlAMEDA COUNTY ~ ; ..... ." My Comm. Exp/re$ FEe 1 B. 1~ ~ . ~ . . ~ . ... .... ...... .... ... ..... WITNESS my hand and official seal. ~~~ Signature of NOIary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document TItle or Type of Document: ~(/ $oj2...j)/ ;J4-?7 o;J AG* /2EE/-rE.P7 Document Date: 7 - 2-'7- 97 Number of Pages: 3~ cfes:e;-y Signer(s) Other Than Named Above: A{O;4-J €' Capacity{ies) Claimed by Signer{s) ;JOJ-t;..) l-'7oo/ZG Signer's Name: VOH;:J HOOf2.€:; Signer's Name: [!(Individual o Corporate Officer Title(s): [!(partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here o Individual o Corporate Officer TItle(s): &"Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER Signer Is Representing: Signer Is Representing: :f!:J -]>v1>l J;'" COJoH_ ~J:?L. ~~ ?/O~ C 1994 NlIIionaI NlIIa!;l' Association. 8236 Rammel Ave.. P.O. Box 7184 . Canoga Pari<. CA 91309-7184 1~ . Prod. No. 5907 R_r: Call Toll-Free 1-llOO-87&6827