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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 - 10- 01S -D 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 �� 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 - 10- 01S 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- 1747 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: 1 1261- oou4t 1 191 U61 v6 doc -3- 1748 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- 1749 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- 1750 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 ) LP 16'_6499.1 \00000 -00010 1752 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 1753 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 APN: 317 - 471 -09 -00 and 317- 471 -14 -00 9 1 1261 - 0004 \1 1 9 1116 1 0 duc