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HomeMy WebLinkAboutHUMANITY HOUSINGRECORDING REQUESTED BY: WHEN RECORDED, MAIL TO: Jackson, DeMarco & Peckenpaugh (HFZ) P.O. Box 19704 4 Park Plaza, 161h Floor Irvine, CA 92623-9704 A-2001-03 8A (Space Above for Recorder's Use Only) ASSIGNMENT OF AFFORDABLE PARTNERSHIP AGREEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, effective as of the Effective Date (defined below), HUMANITY HOUSING INC., a California nonprofit public benefit corporation ( "Assignor "),does hereby assign to HABITAT FOR HUMANITY OF ORANGE COUNTY, INC., a California nonprofit public benefit corporation ( "Assignee "), without representation or warranty, all of Assignor's right, title and interest in and to that certain Affordable Housing and Home Investment Partnership Agreement by and between Assignor and The City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City'), recorded on May 4, 2001, as Instrument No. 20010283988, of Official Records of Orange County, California (the "Agreement'. Assignee accepts the foregoing assignment and assumes and agrees to perform .,,. and observe all obligations, covenants, terms and conditions to be performed or observed by Assignor under the Agreement, arising from and after the Effective Date hereof. Assignee acknowledges and agrees that this assignment is made without representation or warranty of any kind. Each party shall, upon the reasonable request of the other party, execute, acknowledge and deliver all such further documents, instruments and assurances, and take all such further actions as shall be necessary or desirable to give effect to the transaction contemplated herein. This Assignment and each of its provisions shall be binding on and shall insure to the benefit of the respective trustees, successors and assigns of the parties to this Assignment. If any provision of this Assignment shall be held invalid or unenforceable, the remainder of this Assignment shall remain valid and enforceable. -1- . I1MZ 11312629Z0MACRMT\420801.2 M9101 [SIGNATURE PAGE TO ASSIGNMENT OF A FFORDABLE PAR TNERSHIP A GREEMENT] IN WITNESS WHEREOF, the parties have executed this Assignment to be effective for all purposes as of the Effective Date set forth below. Effective Date: Z > 7 , 03 , mm "ASSIGNOR" HUMANITY HOUSING INC., a California nonprofit public benefit corporation By: pp Print e Title: Print Name: Title: G� t_ 31F911 "ASSIGNEE" HABITAT FOR HUMANITY OF ORANGE COUNTY INC., a California nonprofit public benefit corporation / By: f -, Print Name: 7z-- Title:c-C.tl� )1� 27t/2rC7c1 By: Print Name: �� Title - [NO TARM L ACKNOWLEDGMENTS ON FOLLOWING PAGE] -2- HM7_ 11312 6292100 0\AGRMT1420801.2 8129/01 INOTARIAL ACKNOWLEDGMENTS TO ASSIGNMENT OFAFFORDABLE PARTNERSHIP AGREEMENT] STATE OF CALIFORNIA ss. COUNTY OF On /-ez'eaa ,2 7 appeared �oS e t� L . /A , 2005, before me, the undersigned, personally Ci and personally known to nie (erg-tle�asis..o cam) to be the person( -whose nam�Y4arejsubscribed to the within instrument and acknowledged to me that he (.she)r executed the same i hi (lker�autharized capacity, and that b i(g�signature on the instrument to be the personal; or the entityoe-s�-upon behalf of which the person(Byacted, executed the instrument. WITNESS my hand and official seal. u GAIL CHAPMAN Commission # 1250Ba8 Notary Publ€c - California Orange County 4QMy Comm. ExPlres Jan 22, 2004 STATE OF CALIFORNIA } ) ss. COUNTY OF DG ) On z6'etz appeared Notary Public in and said State 2003, before me, the undersigned, personally and personally known to me, to be the person(,$)-whose nam rs (-c"ubscribed to the within instrument and acknowledged to me that e sl ejr executed the same i is (he-r`authorized capacity, and that by is (irer)-signature on the instrument to be the person(s); or the entity(4e-5yupon behalf of which the person{-s)­acted, . executed the instrument. WITNESS my hand and official seal. GAIL CHAFMAN .. ,..W._._...�..,.. Comm€SS€on # 1250888 +®' !`Notary Publ€c - California � Orange County My COMM. BgYnzJan2Z2 44 Notary Public in and f4,saH State -3- HMZ l 1312629210001AGRMT142080 l .2 W29/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On v6�' before me, 1 11 % •' � , !�/ %��1 e Name %d Title of Officer (e.g., "Jane D e, Notary Public") personally ap a��� `,�� Name(s) of Signer(s) ROMULO OZARIEi _4Commission l"ilia Orange C. LN* My Cort�ln. 10 �,�L Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wale subscribed to the within instrument and acknowledged to me that he/sAeAhey executed the same in his/her/ftir authorized capacity{), and that by his44et4Keir signatures) on the instrument the personfs), or the entity upon behalf of which the persona) acted, executed the instrument. WIXNESS my hand v OPTIONAL Though the information below is not required by law, it may prove valuable to pet and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: seal. the document sn t. ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Selo Ave„ P.O. Sox 2402 • Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder: Call Tall -Free 1-6D0-676-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange No. 5907 On O-J J7-0-3 before me, Mary H. bobbins, Notary Public************ DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC" personally appeared L Y/vC»7 H/6 L NAME(S) OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the personjA whose nameKls e subscribed to the within instrument and ac- knowledged to me that he/ he hey executed the same in hi he their authorized capacity(ip<, and that by his/ e�heir NARY M. ROBBIW signaturewon the instrument the personal, ComrrmiWon# 1353388 or the entity upon behalf of which the ai Notary Public : California Orange c.Qunty person(4acted, executed the instrument. MyCarnm' May22 2006 WITNESS my hand and official seal. SIGNATURF OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: INANE OF PERSON(S) OR ENTITY(IFS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Fleinmel Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CONSENT OF THE CITY OF SANTA ANA: ATTEST: Patricia E. Healy (J APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney APPROV AS TO CONTENT: David N. Re RECOMMENDED FOR APPROVAL: JobfP. Reekstin, Executive Director Community Development Agency CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange Iss. On March 24, 2003, before me, Claudia M. Fernandez -Shaw, Notary Public, Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared John P. Reekstin Names CLAUDIA M. FERNANDEZ-8 Commission # 1336674 a� :.,'5 NotaryPublic- California a Orange County My Comm. Expires Jan 25, 2006 L2J personally known to me ❑ proved to me on the basis of satisfactory evidence to be Lthe person whose name�4 "4re- subscribed to the within instrument and acknowledged to me that lruffiiey executed the same in _kWAihcir authorized capacity(i�, and that by .l,19kerAheir signature(sj-on the instrument the personf or the entity upon behalf of which the person acted, executed the instrument. S my hand and official seal. Pnm« pIace Nolary &al Above — ' 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here iq 11CDA-C[I%Uscrskshaiv\Dcsktop%GcneralNotaryPorm.doc Q CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ISS. On March 25, 2003, before me, Claudia M. Fernandez -Shaw, Notary Public, Name and `title of Officer (e.g., `Jane Doe, Notary Public") rn personally appeared David N. Ream Nume(s) ofSigner(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose nameoe--- subscribed to the within instrument and CLAUUTA M, FERNANDEZSHAW acknowledged to me that�eA ecuted Commission # 1336674 z g Notary Public - California u the same in authorized Orange county capacity(ies}, and . that byI1 QMyComm. Ines Jan zs, 2o06 signature(s)-on the instrument the person , or the entity upon behalf of which the erson� acted, executed the instrument. my hand and official seal. Place Notary Seal Above -- OPTIONAL L/ 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: RECORDING REQUESTED BY: WHEN RECORDED, MAIL -TO: City of Santa Ana Community Development Agency 20 Civic Center Plaza. P. O. Box 1988 (M-37) Santa Ana, California 92702 A-2001-038A (Space Ahove far Recorder's Use Only) ASSUMPTION AGREEMENT (Deed of Trust) FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, effective as of the Effective Date (defined below), HUMANITY HOUSING INC., a California nonprofit public benefit corporation ("Assignor"), does transfer and assign to HABITAT FOR HUMANITY -OF ORANGE COUNTY, INC., a California nonprofit public benefit corporation ( "Assignee "), without representation or warranty, all of Assignor's obligations as Trustor in and to that certain First Deed of Trust and Assignment of Rents by and between Assignor and The City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City" or "Beneficiary', recorded on May 4, 2001, as Instrument No. 20010283988, of Official Records of Orange County, California (the "Agreenment'�. Assignee accepts the foregoing assignment and agrees to perform and observe all obligations, covenants, terms and conditions to be performed or observed by Assignor under the Agreement, arising from and after the Effective Date hereof. Assignee acknowledges and agrees that this assignment is made without representation or warranty of any kind. Each party shall, upon the reasonable request of the other party, execute, acknowledge and deliver all such further documents, instruments and assurances, and take all such further actions as shall be necessary or desirable to give effect to the transaction contemplated herein. This Assignment and each of its provisions shall be binding on and shall insure to the benefit of the respective trustees, successors and assigns of the parties to this Assignment. If any provision of this Assignment shall be held invalid or unenforceable, the remainder of this Assignment shall remain valid and enforceable. -1- HMz 11312629ZOWAssrGNA25207.1 917101 (SIGNATURE PAGE TO ASSIGNMENT AGREEMENT) IN WITNESS WHEREOF, the parties have executed this Assignment to be effective for al-1 purposes as of the Effective Date set forth below. Effective Date: 7,-0-3 "ASSIGNOR" HUMANITY HOUSING INC., a California nonprofit public benefit corporation By: Print e: Title: By: 04 �f� Print Name:,( Ru LT Title: CFO "ASSIGNEE" HABITAT FOR HUMANITY OF ORANGE COUNTY INC., a California nonprofit public benefit corporation By: Print Name: R— A J 0 Title: = cJ By: —y7xe;�W& �-W� Print Name: __ [_MP,6 HILL - Title: INOTARIAL ACKNOWLEDGMENTS ON FOLLOWING PAGE] -2- HMZ 11312629210MAS SIGN1425207. I 8/29/01 (NOTARIAL ACKNOWLEDGMENTS TO ASSIGNMENT OFAFFORDABLEPARTNERSHIPAGREEMENTJ STATE OF CALIFORNIA ) ) ss. COUNTY OF )P-,4'v( ) On ' I' e g,eaa i"ll a 17 , 2003, before me, the undersigned, personally appeared -,,- a /' G- , and personally known to me arm i� of satiscto�ce) to be the erson(owhose name(3'(are subscribed to the within instrument and acknowledged to me that he xecuted the same in �uthorized capacity, and that by is signature on the instrument to be the person); or the entity ' upon behalf of which the persons) cted, executed the instrument. WITNESS my hand and official seal. GAIL CHAPMAN Commission # 125OW Notary Public - Callfomia Orange County ipMy Comm. mires Jazz 2Z 2004 Ar -. STATE OF CALIFORNIA ) ) ss. COUNTY OF ©2p4nI6E _ ) On e-'-6 zi-z,_ ��W'44z" Notary Public in and for ld State 200- 2� before me, the undersigned, personally appeared e Oy-- and personally known to me (er r d-to-me-ton-he-basi"f-satisfactoiT-e-videnee) to be the person(s)-whose nam 1s (are' subscribed to the within instrument and acknowledged to. me that Deshoexecuted the same in is authorized capacity, and that by(@ (her-jsignature on the instrument to be the person(s); or the entity&- upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. GAIL CHAPMAN � u Commission # 125088a3 zQ'0* Notary Public - Cali€ornia Orange County MY Camm. Dxpires Jan 2Z 2M 4 LX61 No aiy !Publi—cin and f said State _3- 14MZl 1312b29210001AGRMT 420801.2 8/29/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On A /1V'A1Aefore me, A 1 / Name -and Title of Officer (e,g„ "Jane e, Notary Public") personally a a e Names) of Signer(s) ROMUL© t Lass Col MWM # j2*W ►may h** - Crdkpfb 01aw COW* Place Notary Seal Above ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(a) whose nam*) isLa�e subscribed to the within instrument and acknowledged to me that he/s>y executed the same in his/herir authorized capaelty(+es), and that by his/herftftr signatures) on the instrument the personM, or the entity upon behalf of which the person(s) acted, executed the instrument. E=SS my hand @,nd official seal. OPTIONAL Though the Information below is not required bylaw, It may prove valuable to pers ns rely!96 on the document and could prevent fraudulent removal and reattachment of this form to ahojtLocument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ' ElCorporate Officer — Titfe(s); Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Assoclatior • 9350 De Soto Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 Prod. No. 6907 Reorder: Call Tol[-Free 1-600-676-6827 CALIFORNIA ALL -(PURPOSE ACKNOWLEDGMENT State of California County of . Orange Mt Ro On 3-q--63 before me, Mary H. Robbins, Notary Public************ DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared 4 IAID6 �jL(, NAME(S) OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the personKwhose name,(. Is re subscribed to the within instrument and ac- knowledged to me that he he ey executed the same in his ho/their authorized capacity( and that by his(e `their signature(,' on the instrument the personfgj, ---�- MARY H. R086 -H=� 1NS or the entity upon behalf of which the commwon01=88 person (p�`acted , executed the instrument. r' Notary Public CaOtomila Orgrlge County "'Mw2ZWITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER; SIGNER IS REPRESENTING; NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CONSENT OF THE CITY OF SANTA ANA: ATTEST: � �-17 K�11 Patricia E. Healy APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Lisa E. Storck Assistant City Attorney APPROVE S TO CONTENT: Davi . Ream RECOMMENDED FOR APPROVAL: Jo . Reekstin, Executive Director Community Development Agency CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ISS. On March 24, 2003, before me, Claudia M. Fernandez -Shaw, Notary Public, _ Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared John P. Reekstin -------------------------- Name(s) a rSigncr(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name CIAMIA M, FERNANIJlr2viiAW Commission1335674 z %:WCOMM, NnLqry Public- CalifoWa Orange County F,xpires Jan 25, 2006 Place Notary Seal Above subscribed to the within instrument and acknowledged to me thatd0a�executed the same in liiykerftilrei� authorized capacity(in, and that by signature(s) on the instrument the personW,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ hidividual ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ISS. On March 25, 2003, before me, Claudia M. Fernandez -Shaw, Notary Public, Name and Title of Officer (e.g., "Jane ➢oe, Notary Public") personally appeared David N. Ream Namo{s) ofSigncr(s) 4. =P-N:atary M. FERNANDEZ-SHAW ission ` i 33667b r Puhiic - Caffornia wrange County. I 1res Jan 25, 20QG Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(sl whose nameWgBMr_e_ subscribed to the within instrument and acknowledged to me that-ERAm they executed the same in err-- authorized capacity(ic&), and that by ,9jff- slgnature(g On the instrument the perso , Or the entity upon behalf of which the erso acted, executed the instrument. �/ my hand and official seal. OPTIONAL Though the information below is not required by law, it mayprove 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb A-2001-038A ALLONGE TO PROMISSORY NOTE FOR VALUE RECEIVED, HUMANITY HOUSING INC., a California nonprofit public benefit corporation ("Assignor"), transfers to HABITAT FOR HUMANITY OF ORANGE COUNTY, INC., a California nonprofit public benefit corporation ("Assignee") all of Assignor's duties and obligations under that certain Promissory Note (the "Note") dated as of April 19, 2001, in the original principal amount of TWO HUNDRED THOUSAND AND N01100 DOLLARS ($200,000.00), payable to the order of THE CITY OF SANTA ANA, a municipal corporation and charter city duly organized and existing under the Constitution and laws of the. State of California (the "City"). Assignee accepts the transfer and agrees to perform all of Assignor's duties and obligations under the Note. Assignor hereby represents and warrants to the City, or its successors and assigns, that Assignor has not previously endorsed, negotiated, sold, assigned, conveyed, encumbered or otherwise transferred any interest in the property securing the Note. Pay to the order of the City, or its successors and assigns, without recourse, warranty or representation, except as set forth above. Dated: A 'r2 7° 0 3 , W "ASSIGNOR" HUMANITY HOUSING INC., a California nonprofit public benefit corporation EC IIM "ASSIGNEE" HABITAT FOR HUMANITY OF ORANGE COUNTY, INC., a California nonprofit public benefit corporation 1- Name:._ rf - i� .....M A 0 /Z' Title:.- .1 Name: Title: i-t/ HMZ 113U6292%000WOM424412. l 8129/01 CONSENT OF THE CITY OF SANTA ANA: ATTEST: Patricia E. Healy APPROVED AS TO FORM: Joseph W. Fletcher City Attorney f"BY: Lisa E. Storck Assistant City Attorney APPROVED AS TO C TENT: David N. RearA RECOMMENDED FOR APPROVAL: JP. Reekstin, Executive Director or ommunity Development Agency