Intercreditor and Subordination Agreement 2006-0116916
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r-. q 2006-('11 16816
, ,tCOPDED Ai ' ' . 7:9'86 I
CHICAGO ..,. Tf:lE REQUEST OF I illlllll III 11111 11111 111111111111111111111111111111111111111111111111 ,
TIllE CO. '
RECORDING REQUESTED BY. ~) FEB 17. 2006 11 34 AM
iJFFII"I.':':'.L FiU:IJF;[I':,
ANDWHENREC0RDEb;MAIL TO: \Q~~ '-".:.J:,r'i [11t::130 LOIIr-iT'1 HECUF:[IER"-, I-[FFIO::
I~~~:[CUH'I ,I '~r,.l!TH CCIUNTI' F:EDJFi[IEF:
PowayReaeveloprnentAgency JiP) i ~E[- 4''lUO "':':'1": J
P~~.GE :, l D
1332S.Civic Center Drive ~ 11111I1 lllil 11111 11111!~~~1~~ I~II~I~>>I~ W" 1IIIIIIill 11111111/1111
P~way, Califo.rni~ 92074 I ." )
Attention: ExectitiveiDiiector )
-
INTKRCREDITORAND SUBORDINATION AGREEMENT
THISINTERCREDITOR AND SUBORDINATION AGIffiEMENT{"Agreement"),
made as of February 14, i006,by,Midamong;COMMUNITYROAD HOUSING-ASSOCIATES,
L.P., a California-limjtedpartnersl1ip (the "Developer"), the.POWAY REDEVELOPMENT
AGENCY, a public bodycbrporateand politic (the "Agency"),angtbe'COUNTY OF SAN
- ., -.
DIEGO, Department of Housing & Cornmunity Development, a,Califomiapublic,entity (the
"County").
RECITALS
A. Borrower and Agency have entered. into a "Ground,:Lease" dated the sam~,date as this
Agreement,' which provides for BOIToWerito lease from Agencytlie real property described in Exhibit
"A" attached hereto:and commonly known as 13414 Community Road, Poway, California (the
"Property").
B. Borrower.has agreed to construct on the Property fifty-six (S6) affordable housing
units ("Improvements"). The Property and Improvements are collectively referred to herein as the
"Project."
C. 'Borrower has.obtained a construction loan from Union Bankin the amount.of
- - . .
Thirteen Million Fifty-Four Thousand Seven Hundred TwentY~Four Dollars ($13,054,72~)'(the
"Union Bank Loan")., The'Union:I:l~nk Loan is secured bya first priority leasehold deed of trust in
favor of Union Bank (the "Union Bimk Deed of Trust").
D Borrower has obtained a loan"from the' County in the amount of One MillionDollars
($1 ,000,OOO}'(tne "County Loan"). The Countx'Loan.is secured by a Leasehold Deed ofTrustand
AssigT)/1}ent ofRents,{the_"CountyJ~eed of1'rust"), datedtheisame.ditteasthis Agreement. The
County. and the>DeveIoper'have:entered into a Subordina,tiOl),Agreement withlJl1ion B.ank
, - ~
subordinating'the;lien ofthe,C6unty Loaii,to th"lien:ofthe'Uriioil Bank Loan. PuisiiantJo the
County,;Loan,theCoul1tx'and the Developer have enterediinto a Regulatory Agreement (the "County
-, '. -.- ~.'
Regulatory Ngreement"), dated the 'same date as this Agreement, which requires that certain
apartment uniis;ii:ltl1e)~rojedbemaintained asaffordable',uhits, arid sets forth bthenequirementS
pertaining to theman~gementand operation of the project
E. Borrower has obtained aJoan from the Agency iD..theamount of One Million Five
Hundred Thousand,Dollars ($I,SOO,oOO)'(the ;'AgencyLoah') The Agency Loan is secured by a
Leasehold Construction' Deed ofTrustwiih Absolute Assignment,ofLeases and Rents, Security
Agreementarid RixtureFiling(the "Agency DeedofTrust")"dated the same date as this Agreement.
1
DOCSOC/l152026v31022345'OO81 Olo ~OL\a
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7987
The.Agency and the Developer'have ,efitered lJ1to aSubordinationAgreementwith Union Bank
subordinating the lien of the AgencyLoan totl1eJien ofthe'Union-BimkLoari. Pursuant to the
AgencyLoan, the AgencY'l.nd thebeveloper1have entered,into'a'RegulatoryAgreement (the
"Agency RegulatoryAgreenient"), dated'the same date as:this Agreement, which requires that certain
apartrnehfufiits inthe Projectbe maintained as affordable units, and sets Jorth other requirements
pertaining to the management and operatioD\<?f the Project.
F As a conditionprecederit to the respective obligations ofthe Agency and County, the
lien priority of the deeds of trust shall unconditionally be and remain in the following order of
seniorityJisted from thehighesNlndmostsenior priority to,the.lowesUind most junior priority (I)
Union Banl<:,DeedofTrust, (2)Cotinty Deed of Trust, ahd.(3)Agency Deed of Trust. The parties
intehdthat the,Union Bank Deed of trust, the County Deedoftrust:,and the Agency Deed of Trust
shall all be subjectand subordinat~1to.the.GroundLease, the County Regulatory Agreementand the
AgencyRegulatory Agreement.
G. The Agency isamenahle to subordinating the Agency Deed of TrusUo the County
Deed of Trust provided that: (i) the:C.ounty agrees to notify the,Agencyin the event any event'of
default shall,occu.r under the CouhtyLoan; (iil the County agrees that the Agency shall have the right
(but hot the obligation) to cure any defaults under theCountyLgan;and (iii) the County agrees.that
the Agency shall have the right-(bu!,not the obligation) to,ptirchase:the County Loan.at any tiine
upon agreeing to pay the then otitstaiidingbalance under such County Loan to the County
R J:he County,Loahand,the,Agency Loan areeacl.tP.ayable through a,percentage of the
"ResiduaL Receipts:' oftheProject. By this Agreement, the parties desire to agree upon the
coordinated' distribution of the Residual Receipts to the County Loan ,and to the Agency Lo.an.
NOW, THEREFORE, tlie parties agree as follows:
1. Ordef'ofPriority; The.County Deed of Trustand ihe AgencyDeed of Trust, and
ariy..respective renewals or extensi<?ns the.reof, shall unconditionally'be and remain'at all tithes a lien
or charge on the Borrower's leasehold interest in the Property, with the'Telative lien priority set forth
in RecitalFabo've. Agency declares, agrees, and acknowleclge~ thllt it waives, relinquishes, and
subordinates the lien or charge of the Agency Deed of Trusfih:favorofthe lien or charge upon the
Property ofthe County Deed ofTIU'st, aiid, understands that in..reliance upon, and in consideration of,
this waiver, relinquishinent'and'subordi[lation specific ,loans andiadvances are being madeand"as
part and parcel thereof, specificmohetaiy and othe.r.oblig,ations are being and will be,eniere,d,into
which would not be made 'or entered ihto blit for sgid reliance upon this waiver, relinquishment and
subordination.
2. Distributiori of-Resli1ual Receipts. Notwithsta[lding the lien priorities de,scribed'in
Recital F above and assuming no defaul,ts exist under the Counl)i;,L<xih and AgencyLoan,.theparties
her~t<?'agr,ee thafResidwil Receipts, as defined in the' County Loan'and Agency Loan documents,
shal1 be distributed,inthe following order and priority' (a),fort)1percent (40%) of the Residual
Receipts shall be'distribllted to. the ,County, and(bYtenl1ercent (10%) of the Residual Receipts shall
be,di'stributed,to:the,Agency"imtileach loan is paid in fulL In that Residual Receipts is defined
differently in the,{Souhty Loan and Agency Loan documel1is,:Residual ReceiptsJor purposes of the
County Loan shall haye',the'definitionset forth in the Coiihty-r,6ari.documents, and Residual Receipts
for P\lrposesoftheAgency Loan shalf iiave the definition set forth in the Agency Loan documents.
Theremainlhg' amount of the Residual Receipts maybe retained by the Borrower.
2
DOCSOC:/l152026v3/022345-0081
. . 7988
3. COlfnry Loari,Defaults; .In the event an event'of defa1l1tshaJloccur under the
County Loan documents;,the'Couniy,shall'deljv.er.to Ag"ncya'f9PYof any written notice of default
concurrentlywitl1,(teliveryo'[sllcl1'written,noti~e of defaultto:tlfeBorroweI' The Agency shall have
tl1erighfbutno:ooligiition to curethe,default. In such,event, the Agency shall be entitled to
reiml:llirsemeiitJrofn the Borrower ofall.proper.co~tsand;expens"dncurred by the Agellcy in curing
such default,:andsuch'amount,shall be,addeiLto the balall~b5fthe.Agency Loan which is 'secured by
th"Ag"ncy,Deed of Trust. 'In such,eveht, Agency shall further. have the right (but not the obligation)
topuI'chase,theCounty Loan:(ihcludingJhe'County Loan promissory note and the County Deed of
Trust) from the County upon'theAgency"agreeing to pay County theiamount then outstanding under
.the County Loan. UponrequesttheI'efon; by the Agency, the C01,lnty,agreesto execute'an
assig'llment'ofsuch loan, note' and deed'oftrust in connection with such purchase by Agency
4. Agency L()anDef<lults~ In the event an. event of default shall occur under the
... - -.
Agency Loan documents, the Agency shall deliver to County,a copy of any written notice, of default
concurrently with' delivery of such written,notice ofdefault-totheBorrower The County shall have
the right but.no obligation to cure the default. In such evellt, the County shall be entitled to
reinibmsement.from,the Borrower'ofaII,proper costs and expenses incur,red,by the County in curing
such default, and ,such amou1)i shalLb" added to the balance,ofthe County Loari which is secured by
the County pe,ed of Trust. In such,everit, County shall further have the right'(but not the obligation)
to purchase the Agellcy Loan (including ihe.Agency Loan promis,~~)JY note and the Agency Deed,of
Trust) from the Agency upon tl1e,<:::()untY,'agreeirig to pay Agency"the, amount then outstanding under
the Agency Loan. Upon requesHlierefore'by the County, the 'Age!1cy agrees to execute an
assignment of such loan, note and deed of trust in connection with such, purchase by County
5. F(jreclosure. .In lheevent ofthe foreclosure of Borrower's leasehold interest in.the
Property, the County and the Agency,agree that any amounts recovered by the County and the
Agency insuchforecJosure'proceeclill'g shall,beallocated betwee!1 the County and the Agency in
proportiori to' the then-current balange of the County Loan and the then'current balance of the
Age1)cy Loan atthe time ofthe:foreclosure.
6. RecifrdationOf Agreement. This Agreement shall be recorded concurrently with the
recordatioriofthe.Agency Deed ofTrust':and County Deed of Trust.
7. Amendment ofJ>ocuI,I1en~s. The parties hereto, agree that they will not enter into
anyamendment"chal)geor modification of ally of the documents,referred to'inthis Agreement
withoutthe express prior written consenUo such amendment, change. or modificatioh bY-the'otheI'
parties,hereto.
8. No Tliird,Party'Benefidaries: Nothillgin,tl1is Agreement, express or implied, is
intended or'sl1illl'beicol1struedto:confer upon, o.r-to'give to"anY'peI'soll,other than the parties hereto
and theiiI'espectivesuccessors and,assigns; 'any right"remedYior claim under or by reaSOn of this
Agreement or any cov"nant;,cond,ition or stipulationhereof;:and.thecovenants, stipulations and
agreem~nj~conta:inediri,this,Agreeinent are and shall ,be for the'sole and excJusivebenefit of the
p'arties hereto and'. their respective successors and assigns.
9. Severability. incase:anyoneormor,e'ofthe,pr()visions contain"d in this Agreement
shallbe.invalid, illegal orunenforcei'ble'in~ny respect"the,viilidity"legality and.enforceability of the
remaining provisions contained herein ,shall not in any way 'be affected or impaired thereby
3
DOCSOC/l152026v3IOi2345-00S1
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7989
10. Notices. ,All notices; certificates or other communications hereunder shallp,e
sufficiently,given'!and shall be: deemed given' when mailed by fir.~t!~lass,mail,postage prepaid, with
proper address as'indicaleqbe,lov,' ,Eacll,paTty may, by writteririoticeigiven to the other parties,
designate any otheraddressofad&esses to.whIch noti"es; certificates or other communications to
them shalLbe sentwhen'requiredas;contemplatedby this Agreement. Until' otherwise so provided by
the respective parties, all notices,.certificates and communicati6ns to each of them shall be addressed
as follows:
County County of San Diego
Depaitmentof Housing and Community Development
San,Diego, California 92 f23- 1890
.Attention: Community Developm,ent,Division
Agency Pow1!yRedevelopment Agency
PO Box789
Poway, California 92074-0789
Attenti6n: Executive Director
Borrower Community Road HousingAssociates, L.P
1820 Escondido Boulevard, Suite, I 01
Escondido, California 92025
Atterition. ExecutiveDirector
Addresses for purposes' of,'notice may be changed from time ,to time by written notice given
in accordance with this Section. Ifany notice, request, demand, direction or'other communication is
given by mail it will be effective upon the earlier of(a) three days afterdeposit in the U.S. Mail, as
first,Class mail and with all postage prepaid"or (b) if given by personaLdelivery, when delivered.
11. Successors and Assigns. Whenever in thisAgreementany of the parties hereto is
named or referredio, the successors;~nda..ssignsof such partysh<ill be. deemed to be included and all
covenants, promises and 'agreemerits.intliisAgreement contained.byand on behalf of the respective
parties hereto shail bind and imlfe,to:thebenefit of the respective successors and assigns of such
parties, whether so expressed or not.
12. Cou.nterparts. This,,-A:greement may be executed'in any number of counterparts,
each.executedcounterpart constituting'an original but all counterparis,together constituting only one
instrument.
13. California Law. It)s,theintention'ofthePartiesheretothatthi~ Agreementand'the
right~,andiobligations o[the,Parties hereunder shall be governed by and construed and enforced in
accordance with' the -Jaws, 0[ the State of California.
14. Attorneys' Fees. In the event that an):'party IJrings an action to interpret or enforce
its, rights under tnis Agreement, tqe prevailing party in such action shall be entitled to recover its
costs and attorneys' fees as awarded by the court in such action.
4
DOCSOClIlS2026v31022345'OO81
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7990
IN WITNESS WHEREOF, the parties hereto havecausedJhis Agreement to be executed by
their lawfully authorized officers,
COUNTY:
COUNTY OF SAN DIEGO, Department of Housing
and Community Development
By' r~ ~~f-LV~
Catherine trout Lichterman
Its: Director'
AGENCY:
POW A Y REDEVELOPMENT AGENCY, a public
body corporate and politic
By'
ATTEST
Agency Secretary
APPROVED AS TO FORM.
Stradling Y occa Carlson & Rauth
Agency Special Legal Counsel
DEVELOPER:
COMMUNITY ROAD HOUSING ASSOCIATES,
L.P., a California limited partnership
By: Community HousingWorks, a California
nonprotit public bene tit corporation, it
General 'Partner
~
~P~RQVED AS ';t) ~OP'!,!; ,( f,;) lEG'I..tI-
::OVNn' GO:"iNSfl-, , 11; ~
5 Il'( -1tJ~cf)"-~-.,<"",-
DOCSOCI1152026v+Y022345-00~ I -"---;:'EI;;~~:VEP~ b
. . 79:91
IN WITNE8S''YlIElREQF-; tile parties hereto have caused this Agreementto be executed by
their,lawfullyauthorized,officers.
COUNTY:
COUNTY OF SAN DIEGO, Department of Housing
and Community Development
By
CatheriheTrout'Lichterman
Its: Director'
AGENCY:
POWAY REDEVELOPMENT AGENCY, a public
body corporate ,arid politic
By ~~~
Rod Gould"Executive Director
ATTEST
~~~
g cy'Secretary
DEVELOPER:
COl\1MUl~ITN ROAD HOUSING ASSOCIATES,
L.P.,a California'limited partnership
By: CI!D1munity HousingWorks"a'C;alifomia
nonprofit'public benefit corporation, its
General Partner
By
5
DOCSOCIlI 52026v31022345c0081
, . EXHIBIT A .
7992
PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED ,JULY 6, 2005 AS FILE NO
2005-0566608 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS
ALL OF THE LAND CONYEYED' TO KENNETH A LUDDEN PER BOOK 2362, PAGE 54 OF
OFFICIAL RECORDS, RECORDED FEBRUARY 28, 1947" COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, TOGETHER WITH ALL OF THE LAND CONVEYED TO KENNETH A 'LUDDEN ET AL
PER DOCUMENT NO 102837, OF OFFICIAL RECORDS, RECORDED JUNE 15, 1961, SAID
COUNTY, SAID STATE; TOGETHER WITH ALL OF THE LAND CONVEYED TO POWAY MUNICIPAL
WATER DISTRICT PER DOCUMENT NO 86033, OF OFFICIAL RECORDS, RECORDED MAY 18,
1961, SAID COUNTY, SAID STATE; TOGETHER WITH' A PORTION OF LAND CONVEYED TO
JEFFRIES ET AL PER DOCUMENT NO 1991-0468067, ALL OF OFFICIAL RECORDS,
RECORDED SEPTEMBER 12" 1991, SAID COUNTY, SAID STATE; ALSO BEING A PORTION OF
THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTWN 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER NORTH OF SAID SECTION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER NORTH 89000'02" WEST, 344.90 FEET TO THE TRUE POINT OF
BEGHMING; THENCE SOUTH 08018'07" WEST 144 77 FEET; THENCE SOUTH 26003'03" WEST
82 70 FEET; THENCE SOUTH 25035'34" WEST 167 66 FEET TO A POINT ON THE WESTERN
PROLONGATION OF THE NORTH LINE OF LAND ,CONVEYED TO ERNEST H PEACOCK ET AL, BY
DEED RECORDED SEPTEMBER 2, 1953 IN BOOK 4974,PAGE 78 OF OFFICIAL RECORDS,
COUNTY OF SAN DIEGO; THENCE: EASTERLY ALONG THE PROLONGATION OF THE NORTH LINE
OF SAID PEACOCK'S LAND, SOuTH 89000'02" EAST 2 86 FEET TO THE NORTHWEST CORNER
OF SAID 'PEACOCK LAND; THENCE ,EASTERLY ALONG THE NORTH LINE OF SAID PEACOCK
LAND NORTH 88000'02" WEST, 408.44 FEET TO THE WESTERLY RIGHT OF WAY OF
COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTH 01"53'32" EAST
106 97 FEET; THENCE SOUTH 89000'02" EAST 1 00 FEET; THENCE NORTH 1"53'32" EAST
60.01 FEET; THENCE NORTH 89000'02" EAST 1 00 FEET TO THE WESTERLY RIGHT OF WAY
OF COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTH 1"53'32" EAST
46 43 FEET; THENCE NORTH 89000'21" WEST 112 09 FEET; THENCE NORTH 01'53'31" EAST
104.51 FEET; THENCE SOUTH 88006'29" EAST 6 45 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 37 50 FEET; THENCE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39051'23" AN ARC DISTANCE OF 26 09
FEET; THENCE NORTH 52'02'08" EAST, 23 26 FEET TOA POINT ON THE SOUTHERLY RIGHT
OF WAY OF HILLEARY PLACE AS DESCRIBED IN EASEMENT FOR RIGHT OF WAY AND
INCIDENTS FOR A PUBLIC STREET, DOCUMENT 1992-0093381, OFFICIAL RECORDS
RECORDED FEBRUARY 21, 1992, SAID POINT IS ALSO THE BEGINNING OF A NONTANGENT
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75 00 FEET AND A RADIAL TO
SAID POINT BEARS SOUTH 37034"04" WEST; THENCE NORTHWESTERLY, SOUTHWESTERLY AND
NORTHERLY. AL9NG' SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING THREE COURSES
THROUGH A CENTRAL ANGLE OF 28012'08" AN ARC DISTANCE OF 36 92 FEET TO A POINT
ON THE NORTH LINE OF SAIB SOUTHEAST QUARTER, SAID POINT IS ALSO THE BEGINNING
OF A NONTANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 74 00 FEET
AND RADIAL TO SAID POINT BEARS NORTH 20'57'53" WEST; THENCE SOUTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 25'37'29" AN ARC DISTANCE OF 33 10 FEET;
THENCE NORTH 01"53' 31" EAST 20 68 FEET TO A POINT ON THE NORTH LINE OF SAID
SOUTHEAST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER NORTH 89'00' 02" WEST 179 88 FEET TO THE TRUE POINT OF BEGINNING
APN 317-101-53
" " . .
,
799'3
C~L1FO.RN1AAI.,L~f,'Uflf,'()~E;~~C_~t.lOWLEDGMEN;r
~-.O<>&'~~~...Q5"~~,(W~~.&<'yC'O'..&"....c<'"..c<'~..c<'~&8 . ~-.
"
(. ,
(, State of California } ss
"
" County of San Dieqo ,
" ,
" Z'ly-eco ,
, ,
, On , before l1le, Shelley Colli ns, Nntary Pub 1 i c -' .,
Dale ~01 Name and Title of.Officer (e.g., "Jane Doe, Notary Public")
, C -Q --tILl
personally appeared
, Name{s) ofSlgner(s),
, ,Q1lersonally known to me
, ,r -- &~Sii~:'-f
o proved to me on the basis of satisfactory ,
evidence "
, ~ @ . Notary _P)lbIIC . CalIIoriiJcI to be the perso~'whose nam~ ~ ,
" '. SanDlego~ ..
, jMv <:ornm:ExpIIis Oct21 ~ ~~I) subscribed. to the wit~nstrument and .,
.,
- - ._. - - _. - ~ - - - . acknowledged,to m~ . l!.fjpey"'executed
,
, the same in . ~ authorized
( capacity([1'8f. and that by @~tJ:>ei'('
signaturewonthe .instrument the person(sr,or "
theentity'upon behalf of which the person.(aY ,]
I
( acted, executed .the instrument. ,I
"
. "
~ "
Place Notary Seal'Above ,
" "
"
" OPTIONAL ,
I Though theinformation below is not.'rf!quired,bylaw, it may prove,valuablfrfo persons relying on the document ,
( and couldprevenf.{rauduferi(reinoval and reatt<;1chment'of ~hi~f6rm to another document. "
'I
" Description of Attached D~ m -to/ ;) rl' - ~. ,I
( "".", "" ~\ibn'~j ~ yry< 'A' ~ 9' I tDv IfYd",~ .;>'<'DJl.)t
" Document Date' 'A .' WDW Number ofPages: (0 "
(, Si9ner(s) Other Than Named Above ~ 1u~~ \~1J\D)t1Jtt~:
"
,
~a;rht\MUi r LltMU1V\Ol),
Capacity(ies) Claimed by Signe ' , ' ,
Sigher:s Nam~: ,
D Inaividual "
I Top of Ihullih here ,
, D Corporate Officer -Title(s)::
( D Partner_D Limited DGeneral ,
( [j Attorney. in Fad "
D Tru,stee
" D Guardian or Co'~selVator
" D Other:
,
Signer Is Representing:
" ,Jj
&<;,- ~-gz.~~~~'Q(.,'''(~(;,;~'QV'Q(;,'Q<;.'Q(;.'g.,''g;.~~'GV~~~~'C(,.~'S,K,.~-oz.'Q(,'Q0. .~~
e 1999 Nalional Notary Association' 9350 De S<lIO Ava PO BOx 24C2. Gt1atswor!t1. CA 91313.2402' www.~atlollalnota.ry_org PrO<:l.No 5907 Reorder:Ca.IIToll.Fr/ffl1.800-8766827
;:-." :., . . 7;994
'.
,
STATE OF CALIFORNIA
COUNTY oFSJnb~qp 31f~L~l;l.rne~~ ~L~
On '-1BbrutiJu-( / 47.f1)0 , before me, , Notary Public,
L 1) !(})7.I !}JwtL.
personally appeared
0 pefsonally known.to me
-or'
. proved to me on the' basis of .satisfactory evidence to be the petson(Sywhose Iiame(s:niiZlu:e--
subscribeq to the within ii)strument and acknowledged to me that ~~ executed the same,
iJl.Ais'~fue:iTautllOrized capacity(ieS), andthatby h@heit'signaturefsJ on,the.iristrumenHhe'
pe'.rs6ii(s,-of the entity I1pbn'behalf.ofwhich the person(~cted, executed the instrument.
ellflWYCOWNS' . . WITNESS my hand and official seal.
-' ,~.~.~..i446W ' ~ O.
, HoIary.PIm/lc' CCiIrOalIa "
" . IIaIIDIIigo C-.Iy
, . ,M>;'eomm.&JRo0cl21.20117 s';atu~M&L6 , (]QW,1/J
OPTIONAL
Though the d~ta below isnonequired bylaw, -it may prove valuable to persons relying on the document and could prevent"
fraudulent reattachment of this form.
CAPACITY CLAIMED'BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
. Individual
. Corporate Officer '~DYdlU1tC tcmc
--1 , ) VlCf~t-
Title(s)
. Partner(s) . Limited
. General
. Attorney-In-Fact iJJ
. Trustee(s)
. 'Guardian/Conservator Number Of Pages
. Other:
,Signer' is, repre$t:.!1ti!1g: ~.bV\A&~J~~1?D lP
Name OfPerson(s) Or Entity~ies)
DOCSOC/1152026v31022345-0081
:. " . . (0
7995
STATE OF CALIFORNIA } SS
COUNTY OF SAN DIEGO }
On -~h / ~ dP'tJ G , before me, We '/ ,,"- Notary Public
in and for said County and State, personally appearcd S'</r",^ ^ ~
[ ] personally known to me - OR - , [q-proved to mc on the basIs of satisfactory evidence to be the
pcrson.C0 whose name,(s} is/;m; subscribed to the
wIthin instrument and acknowledged to me that FOR NOTARY SEAL OR STAMP
.J;rt/she/9:JeY executed the same inPis/her/tlloo'
authorized capacity(j.es), and that by)lfs/heritj:u,rr
signatur~) on the instrument the persoI.Wr), or the ~ - - - _ _ _ _ _ _ _ ~ _
entIty upon behalf of whIch the pers6n~ acted',~ ADELlNA ENRIQUEZ ~
executed the instrument. ~ . ' Commission # 1548691
! . .. Notory Public. Collfornla ~
.. San Diego County -
WITNESS my hand and seal. . MvComm.Exp/;esJan29,2009
STATE OF CALIFORNIA } SS
COUNTY OF SAN DIEGO }
fEB 11, 2.1lffi ~ J rJ~
On, before m~'t"~ (~"u;. t: Notary Public
in ap'd for said County and State, personally appeared ~u.1f2-/ Nr;;:e-. d~
[\ypersonally 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 FOR NOTARY SEAL OR STAMP
he/she/they executed the same in hislher/their .,'~,
authorize.d capacity(ies), and that by hislher/their
sIgnature(s) on the.instrument the person(s), or the VIN NEAL
. DARREN IR
entIty upon b~half i:lfwhlch the persons(s) acted'._,' CommISSion # 152.6454 ~
executed the mstrument. ~ .1Ii Nolory Public, Collfornla ,
2 . Son Diego Counly
,. My comm. Expires Nov 13, 2008
WITNESS my hand and seal. . '
_:'.. 1, 0\ -.:;:::; /:.:",>>,,\~,(''"J'