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Release of Operating Covenant 2009-0367152 " ~: f , , . DO~ 2009-0367152 11111111111111111111111111111111111111111111111111I1111111111111111111 ,q " REC,ORDING REQUESTED BY: Poway Redevelopment Agency JUL 06. 2009 8:55 AM AND WHEN RECORDED MAIL TO: OFFICI~L RECORD':; ",.oN DIEGO COUIH'y' RECORDEWI OFFICE ['.0.\/1[' L, BUTLER. COUI'ITY RE[[IF:DER FEE"I: 1[.1)1) Poway Redevelopment Agency P.O. Box 789 Poway, CA 92074-0789 Attn: Executive Director (tV "f -r ~lO PAGES: 3 1111111111111111111111111111111111111111111111111111011111111111111111111111111 I APN: 317-153-24 Use) (Space above for Recorder's RELEASE OF OPERATING COVENANT" Documentary transfer tax'pursuanttoGov't . Code sections 6103 and 27383 WHEREAS, thePoway-Nierman Limited Partnership is the owner of the properties located at 12222012234 Poway Road; and WHEREAS, in January'2004, the Poway Redevelopment Agencypr6vided a Commercial Rehabilitation Loan ("Loan") to the Poway-Nierman Limited Partnership (Borrower), for improvements to the properties located at 12222- 12234 Poway Road; and ..,......-<- WHEREAS, in conjunction with the Loan described above, the Borrower executed an Operating Covenant in favor of the Poway Redevelopment Agi'lncy with re~pectt6 the use of the subject properties during the term if the Loan. That _.Operating Covenant, executed by James--S. Nierman for the Poway-Nierman- Limited Partnership, in favor of the Poway Redevelopment Agency, dated January 16, 2004, was recorded as Document No. 2004-0094741 on February 5, 2004, in Official Records of. the Office of the County Recorder, San Diego County, California; and WHERJ=AS, the Loall has been satisfied in full, and the Operating Covenant by'ifsterms was't6expire 6n, January 16, '2009. ~ NOW THEREFORE, the Poway Redevelopmeni Agency ("Agency") does hereby release the Operating Covenant, which was recorded as Document No. 2004-0094741 on February 5, 2004, in Official Records of the Office of the County Recorder, San Diego County, California. Page 1 of 1 ". . . .' POWAYREDEVELOPMENT AGENCY BY:~ Rod Gould, Executive Director (Signature'must be notarized) ..------'-- _....----- Page 2 of 1 '. ~~--; . .. .. . , CALIFORNIA ALl.~UR~OSE,ACKNOWLEDGMENT ~ '--~'-~.~~'''?_''-..i~~,~{,,~'~ ~.-:.,;:...:.- '-'-~~~~_,.....;,,,,,,:~ ::~fl ~loSAan o,~ } State of California personally appeared before me, -ShE'll!?\, COllin<> J;:!~tafX P"!/J~ o ~ 6DA l 31","""'OW'""" of~Ofl<e, Nama(sl <II Slgner(s) ..' . ,'CommllllOn 111717479 . . i NofaIy PublIc . CaIIIOmIa I I IIan DIego County _ ~ _ _ _ _~~~~~_1 _I who proved to me on the basis of satisfactory evidence to be the perso~whose name~.subscribed to the within instrument and acknowledged to me that ~R8!t"8Y executed'the same i~ authorized capacity(~, and thatby ~,:I1,.m signature(:ij'on.the instrument the person~ or the entity upon behalf of which the person~cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. / Place Notary Seal AbOl/e Signature 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. ...'"-...""""'" ~- -- - - - -. - Title or. Type of Document: .~FJt~e ~rv:h~ Document Date: loIUI' , Number of Pages: Signer(s) Other Than Named Above: nm-e O)J0\{Ult 2- Cai>acity:(ies) Claimed by Signer(s) Top ollhl/lTlb here Signers Name: D Individual D Corporate Officer - Tille(s): D Partner - D Limited D General D AUorney in Fact D Trustee D Guardian or Conservator DOther: Signers Name: .0 IndIVidual tJ CorpOrate Officer - Title(s): o Partner - D Limited D General .. 0 AUorney in Fact .0 Trustee o Guardian or Conservator D Other: RIGHT THUMBPRINT OF: SIGNER ~J RIGHTTHUt,16PRINT ! OF: SIGNER .'. Top of thumb here Signer Is Representing: Signer Is Representing: ~R I _ _ _ _ _ . _ _ : _ _ _ ~ _ :;;: _ _ _ 02007NationaI Nowy ~.9350 ~ SotoAve., P.O.eox2402.~CA 91313-2~2.WWW.Nationa/Nota(y.Ofg.Item~907A80r00cCaa.fo/J.f1oo.1..eoo..:s7~