Deed of Trust 2010-0351262DEED OF TRUST
Willi Assignment of Rents, Security Agreement, and Fixture Piling
This DEED OF TRUST is dated as of.lulyf(T 2010, and is csccuted by ]-HOMETOWN
POWAY ROYAL ESTATES, L.L.C., a Delaware limited liability, company (`Frustor'), in -favor
of FIRST AMERICANTITLE.INSURANCE COMPANY, as trustee,( "Trustee "), and the CI "I'Y
OF POWAY, a municipal corporation, as beneficiary (
Truster grants, transfers, and assigns to Trustee, in trust, with power of sale, and rightof
entry and possession all of Trustor's interest in that land in the County of' San Diego, State of
California, described on Exhibit "A" attached hereto;
"Together with the rcnts,.issues,.and profits thercof,_suhlect, however, to the right, power,
and authority hereinafter.given to and conferred upon Beneficiary to collect and apply such rents,
issues and profits: and together ;with =all buildings and improvements of every kind and
description now or hereafter erected_ or placed thereon, and all fixtures, including but not limited
to all gas and electric fixtures,.engines and machinery, radiators, healers, furnaces heating
equip ment laundry equipment, steam and hot -water boilers, stoves, ranges, bath tubs;, sinks.
water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets,
refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all
shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such
fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed
to and a part of the realty: and
Together with all building materials and equipment now or hereafter delivered to the
premises and intended to be installed therein: and
Together with all articles of personal property owned by the 'Truster now or hereafter
attached to or used in and about the improvements (including buildings) now erected or hereafter
to be erected on the lands described which are necessary for the comfortable use and occupancy
ol'such improventcuts (including buildings) for the purposes lot which they were or are to be
1 12h 1 -0lII1 I\ 1191061 v6.doc - I -
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0 C # 2 jI Q7 0 -0351 262
Recording Requested By:
FIRST AMERICAN TITLE
I IIIIII III IIII VIII IIII III I VIII II I I III I I III I I II
' National Commerrial sm
Recording Requested 13y „and
JUL 14, 2010 $:00 AM
Witcri Recorded Mail TO:
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER's OFFICE
DAVID L BUTLER, COUNTY RECORDER
City of Poway
y
FEES 000 WAYS: 3
DA 1
3325 Civic Center
n
PAGES: 9
Poway, California 92064
Attn: Cit Clerk
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11111111111111 IN
1745
-00 and 317-471
APNs: 317- 4
-14 -00
`
This documew is exempt tram me payment of a
/J�iS V I�O i u0�
ecoiding fee pUrAllint to Government Code
sc�11011 27383
DEED OF TRUST
Willi Assignment of Rents, Security Agreement, and Fixture Piling
This DEED OF TRUST is dated as of.lulyf(T 2010, and is csccuted by ]-HOMETOWN
POWAY ROYAL ESTATES, L.L.C., a Delaware limited liability, company (`Frustor'), in -favor
of FIRST AMERICANTITLE.INSURANCE COMPANY, as trustee,( "Trustee "), and the CI "I'Y
OF POWAY, a municipal corporation, as beneficiary (
Truster grants, transfers, and assigns to Trustee, in trust, with power of sale, and rightof
entry and possession all of Trustor's interest in that land in the County of' San Diego, State of
California, described on Exhibit "A" attached hereto;
"Together with the rcnts,.issues,.and profits thercof,_suhlect, however, to the right, power,
and authority hereinafter.given to and conferred upon Beneficiary to collect and apply such rents,
issues and profits: and together ;with =all buildings and improvements of every kind and
description now or hereafter erected_ or placed thereon, and all fixtures, including but not limited
to all gas and electric fixtures,.engines and machinery, radiators, healers, furnaces heating
equip ment laundry equipment, steam and hot -water boilers, stoves, ranges, bath tubs;, sinks.
water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets,
refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances, and all
shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such
fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed
to and a part of the realty: and
Together with all building materials and equipment now or hereafter delivered to the
premises and intended to be installed therein: and
Together with all articles of personal property owned by the 'Truster now or hereafter
attached to or used in and about the improvements (including buildings) now erected or hereafter
to be erected on the lands described which are necessary for the comfortable use and occupancy
ol'such improventcuts (including buildings) for the purposes lot which they were or are to be
1 12h 1 -0lII1 I\ 1191061 v6.doc - I -
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1746
erected, including all other goods-and chattels and personal property as are ever used or
furnished in operating a'mobilehome park, or the activities conducted therein, similar to the one
herein clescribed.and referred'to, and all renewals or replacements or articles in
substitution therel'or, whether or not the same arc, or shall be'attached to the improvements or
buildings.in any manner.
To have and to hold the property hercinbefore described together with appurtenances to
the "trustee, its or his successors and assigns (the "Property').
FOR TILE PURPOSE of securing and securing payment of indebtedness of the Truster
to the Beneficiary in the principal sum of $10,000,000.00, as evidenced by that certain
Promissory Note Secured by Decd of "trust of substantially even date herewith executed by
Trustor in favor of Beneficiary, and all modifications. amendments and restatements thereof (the
"Note ").
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
COVENANTS AND AGREES:
1: That it timely perform each and every covenant contained in (and otherwise
comply with) the Note, in this Deed of Trust and in that certain Memorandum o; Covenants and
Restrictions dated concurrently or substantially concurrently herewith, executed by Truster and
recorded in the Official Records of San Diego County, California (collectively the
"Agreements ").
2:. That it will not permit or suffer the use of any ol' the Property for any purpose
other thanes first class mobilehome park.
3.
That all rents prol,its,and income from the Property are hereby assigned to the
Beneficiary for the purpose of securing the obligations of Trustor under the Note. Permission is
hereby given to Truster, so long as no default exists hereunder, to collect such refits, profits and
income.
4. That upon default under any of the Agreements that is not uncured within any
applicable cure period expressly provided in the applicable Agreements, Beneficiary shall be
entitled to the appointment of a receiver by any court havingjurisdiction, without notice, to take
possession and protect the Property and operate same and collect the rents, profits and income
therefrom;
5. That the Truster will keep the improvements now existing or hereafter erected on
the Property insured against loss by fire and such other hazards, casualties. Lind contingencies as
may be required from time to time by the Beneficiary (earthquake insurance not required). and
all such insurance shall be evidenced by standard lire and extended coverage insurance policy or
policies. In no event shall the amounts of coverage be less than one hundred (100 %) percent of
the insurable value or the unpaid balance of the insured Deed of Trust, whichever is less, and in
default thereof the Beneficiary shall have the right to obtain such insurance. Such policies shall
be endorsed with standard mortgage clause with loss payable to the Beneficiary;
G. To pay, before delinquency, any taxes and assessments affecting the Property
including assessments on appurtenant water stock; when due, all payments due under or secured
11261-0004\1 1910610.doc -2-
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by encumbrances, charges and liens, with interest, on the Property or any part thereof which
appear to be prior - or superior. hereto; all costs, fees, and expenses of this Trust;
7. To pay when due all claims for labor perfornicd and materials furnished with
respect to the Property; to comply with all laws affecting the Property or requiring any
alterations or improvements be made thereon; not to willfully commit or permit waste thereof;
not to will commit, suffer or permit any act upon the Property in violation of law and /or
covenants, conditions and /or restrictions affecting the Property;
8. To.appear.in and defend any action or proceeding purporting to affect the security
hereof or the rights or powers of Beneficiary or Trustce, "and to pay all costs and expenses,
including cost of evidence of title and attorneys fees in a reasonable sum, in any such action or
proceeding in which Beneficiary or Trustee may appear;
9. Should Trustor fail to do any act as herein provided, then Beneficiary or Trustee,
but without obligation to do so 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 the Property for such purposes, -may commence, appear in and /or
defend any action or proceeding purporting to affeet the security hereof or the rights or powers of
Beneficiary or Trustee;,maypay, purchase, contest, or compromise any encumbrance, charge, or
lien which in the judgment.of eitherappears to be prior or superior hereto: and, in exercising any
such powers, may pay necessary expenses, employ counsel, and,pay:his' reasonable fees;
10. The Beneficiary shall'ha've the ri-ht to pay fire and other property insurance
premiums when due should Trustor fail to male any required premium payments. All such
payments-made by the Beneficiary shall be added to the principal suit secured hereby;
11. To pay immediately and without demand all sums expended by Beneficiary or
Trustee, under permission given under this Deed of Trust, with interest from date of expenditures
at the lesser of (i) the maximum rate permitted by applicable law; or (ii) the rate of the Eleventh
Federal Reserve District Cost of Funds plus live percent (5 %):
12. The Trustor f irther covenants that it will not voluntarily create, suffer, or permit
to be created against the Property any lien or liens and further that.it will keep and maintain the
property free from the claims of all persons supplying labor or materials which will enter intorthe
rehabilitation or construction of any and all improvements now being rehabilitated or constructed
or to be rehabilitated or const acted on the Property, or will cause the release of or will.prpvide a
bond against any such liens within ten (10) days ofTrustor's receipt of notice of the lien or liens.
Nothing herein contained shall be deemed to prohibit the "Trustor from contesting the validity or
amounts of anv tax assessment, encumbrance or lien nor to limit the remedies available to the
Trustor;
13. That the improvements upon the Property, and all plans and specifications,
comply with all municipal ordinances and regulations and all other regulations made or
promulgated, now or hereafter, by lawful authority, and that the same will comply with all such
municipal ordinances and regulations and with the rules of the applicable fire rating or inspection
organization, bureau, association or office:
IT Is MUTUALLY AGREED THAT:
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14. Should -the Property or. any part thereof be taken or damaged by reason of any
public improvemer%or condenmati'onproceeding, or damaged by fire, or earthquake, or in any
other manner, the Beneficiary shall be entitled subject to the rights of the Bolder of any deed of
trust that is,scnior "to this Deed of Trust, to all compensation, awards, and other payments or
relief therefor, and shall be entitled at its option to commence,,appear in and prosecute in its own
name, any action or proceedings, or to make any compromise or settlement, in connection with
such taking or damage. All such compensation, awards, damages; rights of action and proceeds.
including the proceeds of any policies of fire and other insurance affecting the Properly, are
hereby assigned to the Beneficiary subject to the rights of the holder of any deed of trust that is
senior to this Deed of Trust. After deducting therefrom all its expenses, including attorneys'
fees, and if Trustor is not in default „ Beneficiary shall apply all such proceeds to restoring the
Property, or in the event of Trustor's default or in the event Trustor determines not to rebuild, the
Beneficiary shall retain the - proceeds to the extent of the amount of principal and interest-clue
under the Note. Any balance of such proceeds still remaining shall be disbursed by the
Beneficiary to the Trustor.
15. Upon default by TrUStOr under any of the.Agreements which is not cured within
any applicable cure period expressly provided in the applicable Agreements, the Beneficiary may
(but shall not be obligated lo) 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"the properly to be sold, which notice Trustee shall cause to be
duly filed for record and the- Beneficiary may foreclose this -Deed of Trust in the manner
provided by law. In such event, Bericliciary shall also deposit'Avith Trustee this Deed, the notes
and all documents evidencing expenditures secured hereby;
16. After the lapse.of such time as may then be required by law following the
recordation of the notice of default, and notice of sale having been given as then required by law,
Trustee, without demand on Trustor, shall sell the Property at thatimc and place fixed by it in the
notice of sale. either as a whole onin separate parcels, and in such,orderas 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 or any portion ofthe Property by public
announcement at the time and place:of sale, and from time to time thereafter may postpone the
sale by publicannouncement at the time fixed by the preceding postponement. Trustee shall
deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or
warranty, express cif implied. The recitals in the Deed of any matters or facts shall be conclusive
proof of the truthfulness thereof. Any person, including Trustor. Trustee or Beneficiary, niay
purchase a6.thcsale. The Trustee shall apply the proceeds of sale to payment..of (1) the expenses
of such sale, together with the reasonable expenses of this trust, incl tiding, therein reasonable
Trustee's fees or attorneys' lees for conducting the sale, and the actual cost of publishing,
recording, mailing and - posting notice of the sale; (2) the cost of.any,scarch and /or other evidence
of title procured in connection with such sale and revenue stamps.on Trustee's Decd, if the latter
is not paid by buyer: (3)`all sums expended under the terms hereof, not then repaid, with accrued
interest at the rate specified in the notes; (4) all other stuns then secured hereby; and (5) the
remainder, if any, to the person or persons legally entitled thereto:
17. Beneficiary may from time to time substitute a successor or successors to any
Trustee named herein or acting hereunder to execute this Trust. Upon such appointment, and
11261 - 0004 \1 191061 OAoc -4-
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without.conveyance to the successor trustee, the latter shall bewested with all title, powers, and
duties conferred.upon any Trustee.herein named or acting hereunder Each such appointment
and substitution shall be made by written instrument executed by Beneficia "ry, containing
reference to this Deed_and its place of record, which, whcriAuly recorded in the proper office of
the county or counties in which the Property is situated, shall be conclusive proof of proper
appointment of the successor trustee;
18. The pleading of any statute of (imitations as a defense to any and all obligations
secured by this Deed is hereby waived to the full extent permissible by law;
19. Upon writterrrequest of Beneficiary stating that all,obligations secured hereby
have been performed, and upon:surrender of this Deed of Trust to Trustee for cancellation and
retention and upon payment of its fees, Trustee shall reconvey, without warranty, the Property
then held hereunder. The recitals its such reconveyance of any matters or fact shall be conclusive
proof of the truthfulness thereof. The,grantee in such reconveyance ntay be described as "the
person or persons legally entitled thereto ";
20. The trust created hereby is irrevocable by Trustor;
21. This Deed of Trust 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 include not only the original Beneficiary hereunder but also any future
Developer and holder including pledges, of the notes secured hereby. In this Deed, whenever the
context so requires, the masculine gender includes the feminine, and the singular number
includes the plural;
22. Trustee accepts this Trust when this Deed of Trust, duly executed and
acknowledged, is made,public record,as provided by law. Except as otherwise provided by law
the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or
of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless
brought by Trustee:
23. The Trustor requests that .a copy of any notice of default and of any notice of sale
hereunder be mailed to it at* thc address provided in that certain Agreement of Purchase and Sale
and Escrow Instructions dated May 4, 2010 between Trustee and Beneficiary, or to such other
address as Trustor may provide in writing to Trustee from time to time.
24. All principal and accrued interest under the Promissory Note shall, at the election
of Beneficiary (in its sole and absolute discretion) given by written notice toMcneftciary.
become due and payable immediately if the Property. or any portion thereof or interest therein, is
sold, conveyed, or further encumbered without the prior written approval of Beneficiary.
25. This Deed of Trust is also intended to be and shall constitute both a Security
Agreement and a "fixture tiling" as defined in the California Commercial Code. the Trustor
being the Debtor and theBeneficiary being the Secured Party. Trustor hereby grants Beneficiary
a security interest in all fixtures, and in all goods which are or are to become fixtures on the land
for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter
secured by this Decd of Trust. The products of such collateral are also covered hereby. This
11261 -000 doc -5-
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Deed of Trust, as a fixture filing, .is to be recorded in the real estatc4ccords covering the real
property covered hereby.. Trustor authorizes Beneficiary to execute, deliver, file and record (as
necessary) financing and continuation statements covering such property from time to time in
such form,ps Beneficiary may require to perfect and continue the perfection of Beneficiary's
security interest with respect,to, such property, and to reimburse Beneficiary for any costs
incurred in filing such financingstatements and any continuation statements. Trustor shall not
create or allow the creation of any other security interest in such property except for any senior
deed of trust contemplated by that certain Agreement for Putchase;and Sale and Escrow
Instructions dated May 4, 2010 between Trustor, as buyer, and Beneficiary, as seller (the
"Agreement "), and including any senior deed of trust securing .a refinancing loan, subject to
Section 1.5 of the Agreement:, Upon the occurrence of any default by Trustor hereunder,
Beneficiary shall have the rights and'-remedies of a secured party under the California
Commercial Code, as well as all other rights and remedies available at law or in equity or as
provided herein, all at Beneficiary's- ,option. Trustor and Beneficiary agree that the filing of a
financing statement in the records normally having to do with personal property shall never be
construed as in any way derogating from or impairing this declaration and the hereby stated
intention of the parties hereto that everything used in connection with the operation or occupancy
of such property or the production of income therefrom is and, at all times and for all purposes
and in all proceedings, both legal and equitable, shall be regarded as real property encumbered
by this Deed of Trust and fixture filing, irrespective of whether (a);anv such item is physically
attached to the buildings and improvements, (b) serial numbers are used for the better
identification of certain equipment; or (c) any such item is referred to or reflected in any such
financing statement so filed at any time. Such mention in the financing statement is declared to
be for the protection, of the Beneficiary in the event any court orjudge shall at any time hold that
notice of Beneficiary's priority of interest must be filed in the.Uniform Commercial Code
records to.be effective ,against a:particular class of persons, including, but not limited to, the
federal government and any subdivisions or entities of the federal government.
IN WITNESS WHEREOF the Trustor has executed this Deed of Trust as of day and
year set forth above.
TRUSTOR:
HOMETOWN POWAY ROYAL ESTA'T'ES, L.L.C.,
a Delaware limited liability company
Bv: Virginia Properties Exchange, Inc ,
a Delaware corporation
its'manager
B � \ C
1
Print Name: Mr J • %� r- •-.
Title: �i t'S%ll�rY
1 1261- 0001\1 19]n610.doc -6-
1751
STATE.OF ILLINOIS )
.ss
COUNTY'OF'COOK )
1, Keith,K.'Ross, a Notary Public ,iii and for said County, in the State aforesaid, do hereby certify
that Michael J. Tuchman, the president of Virginia Properties Exchange, hic., a Delaware corporation,
who is personally known" to me to be the same person whose name is subscribed to the foregoing
instrument in such capacity, appeared before me this day in person and acknowledged that he signed and
delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said
corporation, for the uses and purposes therein set forth.
iven un r my I d Notary
otary public
L
n1y commission expires on: / / d.
Seal, thisl day of July, 2010.
OFFICIAL SEAL_
KEITH ROSS
Notary Public- SStateoflllinois Seal
My Commission Expires Dec Ot, 2010 )
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EXHIBIT "A"
LEGAL DESCRIPTION OF LAND
ALL OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION li.
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO; STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL
PLAT TIJEREOF (INCLUDING THAT PORTION OF TFIE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER.OF SAID SECTION 13 KNOWN AS PARCEL "A" OF THE
MAP OF REVERSION TO ACREAGE OF A PORTION OF.RUSS ESTATES UNIT NO. 1
ACCORDING TO MAP THEREOF NO. 5027, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN D1EGO.000NTY, AUGUST 30, 1962.
EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13, LYING NORTHERLY AND
NORTIIWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE, SOUTHEAST CORNER OF THE SOU'THEAS '1 QUARTER OF
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION I3;
THENCE ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER, NORTH O1 °
54' 40" EAST, 366.45 FEET TO THE CENTER LINE OF THE,POWAY CREEK CHANNEL
AS LOCATED IN MARCH, 1971; THENCE ALONG SAID CENTER LINE AS FOLLOWS:
SOUTH 89 '52' 00" WEST, 115.28 FELT TO THE BEGINNING OF A TANGENT 115.28
FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; SOUTHWESTERLY ALONG
THE ARC 01 SAID CURVE THROUGH A CENTRAL ANGLE OF 44 38' 02" A
DISTANCE' OF 155.80 FEET AND 'TANGENT TO SAID CURVE SOUTH 45° I Y 58"
WEST, 21131 FEET TO THE WESTERLY LINE OF ]'HE EASTERLY 400.00 FEET 01"
SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER AND BEING THE 'TRUE POINT OF BEGINNING: THENCE, CONTINUING
ALONG SAID CENTER LINE AS FOLLOWS:
SOUTH 45 13' 58" WEST, 466.38 FEET TO THE BEGINNING OF A TANGENT 250.00
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44 38' 02 ", A
DISTANCE OF 194.75 FEET AND TANGENT TO SAID CURVE SOUTH 89 52'00" WEST
443.00 FEET TO THE WESTERLY LINE OF THE 'SOUTHEAST QUARTER OF TFIE
SOUTHWEST QUARTER OF SECTION 13.
ALSO EXCEPTING TIIER'EFROIvI THAT PORTION OF TILE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SEC "FION 13, TOWNSI -111 14 SOUTH. RANGE 2 WEST.
SAN BERNARDINO MERIDIAN, IN 'I FIE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO I'HE OFFICIAL PLAT THEREOF LYING
SOUTHEASTERLY OF THE CENTER LINE OF ROAD SURVEY NO. 1587 -3 AS
DESCRIBED IN DEED TO COUNTY OF SAN DIEGO, RECORDED AUGUST 24, 1971 AS
FILE NO. 189667 OF OFFICIAL RECORDS.
11261 -0004\1 191061v6.doc
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ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY ON
SAN DIEGO BY DEED RECORDED APRIL 13, 1976 AS FILL NO. 76- 108156 OF
OFFICIAL RECORDS. DESCRIBED AS FOLLOWS:
BEGINNING AT A INCH IRON PIPE MARKNG THE NORTFIEAST CORNER OF SAID
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13,
ACCORDING TO RECORD OF SURVEY MAP NO. 4195; THENCE ALONG THE
NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER, NORTH 89° 09',25" WEST, 1,338.34 FEET TO THE NORTHWEST CORNER
OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; 'FI IENCE SOUTFI
00 49' 00" WEST, 868.18 FEET ALONG THE WESTERLY LINE OF SAID SECTION li;
TFIENCE LEAVING SAID WESTERLY LINT;, NORTH 77 40' 53" EAST, 17.97 FEET TO
THE BEGINNING OF A TANGENT 227.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 41° 10'53", A DISTANCE OF 163.16 FEET; TI -IENCE
TANGENT TO SAID CURVE, NORTH 36 30' 00" EAST, 20.31 FEIN TO THE
BEGINNING OF A TANGENT 73.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 30 04' 00 ", A DISTANCE OF 38.31 FEET: THENCE
TANGENT TO SAID CURVE, NORTH 66° 34 00" EAST, 871.70 FEET TO THE
BEGINNING OF A TANGENT 373.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; 11 -1LNCE NORTHEASTERLY ALONG, THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 23 18' 00" A DISTANCE 151.68 FEIN; THENCE
TANGENT TO SAID CURVE, NORTH 89° 52' 00" EAST, 201.86 FEET TO A POINT ON
THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTT-IWEST
QUARTER OF SECTION 13; THENCE NORTH 01° 21' 50" LAST, ALONG SAID
EASTERLY LINE, 340.14 FEET, MORE OR LESS. TO TTII POINT OF BEGINNING
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