HomeMy WebLinkAboutVISTA DEL RIO HOUSING PARTNERS, L.P. 1CA -2009- 214 -03
BCardin Requested By This Document was electronically recorded by
First American Title company DIPS Norwalk C
Recorded in Official Records, Orange County
FREE RECORDING REQUESTED PURSUANT rom Daly, Clerk- Recorder
TO GOVERNMENT CODE SECTION 27383
a When Recorded Mail to: IIIIIIIIIIIII�IIII�IIIIIIINQ FEE
n e 2012000162994 04:30pm 03/21/12
46 404 D11 A3612
G. City of Santa Ana 0.00 0.00 0.00 0.00 33.00 0.00 0.00 0.00
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
s Attn: Executive Director
CITY/HOME LOAN
DEED OF TRUST
AND ASSIGNMENT OF RENTS
This CITY/HOME LOAN DEED OF TRUST AND ASSIGNMENT OF RENTS (the
"Deed of Trust ") is made as of March 14, 2012, among Vista Del Rio Housing Partners LP, a
California ,limited partnership (the "Trustor "), First American Title Insurance Company, a
California corporation (the "Trustee "), 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 "Beneficiary ").
Trustor, in consideration of the promises herein recited and the trust herein created,
irrevocably grants, transfers, conveys and assigns to Trustee, in trust, with power of sale, the
property located in the City of Santa Ana ( "City'), County of Orange, State of California,
described in the attached Exhibit A and more commonly known 1600 West Memory Lane, Santa
Ana, California (the "Property ");
TOGETHER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances and all fixtures now or hereafter attached to the Property, all of
which, including replacements and additions thereto, shall be deemed to be and remain a part of
the Property covered by this Deed of Trust;
TOGETHER with the right, power and authority during the continuance of these Trusts,
to collect the rents, issues, and profits of the Property, reserving unto the Trustor the right, prior
to any default by Trustor in payment of the indebtedness secured by this Deed of Trust or in the
performance of any agreement secured by this Deed of Trust, to collect and retain these rents,
issues and profits as they become due and payable; and,
TOGETHER with all articles of personal property or fixtures now or hereafter attached to
or used in and about the building or buildings now erected, or hereafter to be erected, on the
Property which are necessary to the complete and comfortable use and occupancy of such
building or buildings for the purposes for which they were or are to be erected, including all
other goods and chattels and personal property as are ever used or furnished in operating a
building, or the activities conducted therein, similar to the one herein described and referred to,
and all renewals or replacements thereof or articles in substitution therefore, whether or not the
1
same are, or shall be attached to said building or buildings in any manner; and all of the
foregoing, together with the Property, is herein referred to as the "Security";
To have and to hold the Security together with acquittances to the Trustee, its successors
and assigns forever;
TO SECURE to the Beneficiary (a) the repayment of the sums evidenced by that certain
City /HOME Loan Note secured by Subordinated Deed of Trust to the City of Santa Ana,
California, to the Beneficiary executed by Trustor, dated concurrently herewith in the principal
amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) (the "Loan"); (b) the
payment and performance of the covenants and agreements of Trustor contained in that certain
Loan Agreement dated concurrently herewith and recorded in the official land records of the
County of Orange concurrently herewith, by and among Trustor, Beneficiary, and Successor
Agency ( "Agreement "), (c) the payment and performance of the covenants and agreements of
Truster contained in the Disposition and Development Agreement dated July 20, 2009, the First
Amendment to the Disposition and Development Agreement dated March 15, 2010, the Second
Amendment to the Disposition and Development Agreement dated December 20, 2010, and the
Third Amendment to the Disposition and Development Agreement dated March 21, 2011, by
and among Trustor, Beneficiary, and Housing Authority of the City of Santa Ana (the
"Authority ") (collectively, the "DDA "); (d) the payment and performance of the covenants and
agreements of Trustor contained in the Affordability Restrictions on Transfer of Property by and
among Successor Agency, Trustor and Beneficiary, dated and recorded concurrently herewith
(the "Affordability Restrictions ") and (e) the payment of all other sums, with interest thereon,
advanced in accordance herewith to protect the security of this Deed of Trust; and the
performance of the covenants and agreements of Trustor contained herein.
TRUSTOR AND THE BENEFICIARY COVENANT AND AGREE AS FOLLOWS:
1. The Loan. This Deed of Trust is executed and delivered, along with the Promissory
Note, pursuant to and in implementation of the 41 unit special needs affordable multi - family
residential project in the aforementioned Agreement and DDA entered into by and between the
Beneficiary and Trustor, to benefit the Property, a copy of which is on file as a public record with the
Beneficiary. Trustor acknowledges that but for the execution of this Deed of Trust, the Beneficiary
would not enter into the Promissory Note secured by this Deed of Trust.
2. Trustor's Estate. Trustor is lawfully seized of the estate hereby conveyed and has the
right to grant and convey the Security; that other than this Deed of Trust, the Security is not
encumbered except for obligations secured by deeds of trust, or any other security agreement, to
secure financing or refinancing for the purchase and development of the Property.
3. Repayment of the Loan. Trustor will promptly repay, when due, the principal and
interest, if any, as required by the Promissory Note secured by this Deed of Trust.
4. Subordination. This obligation secured by this Deed of Trust shall be subordinated to
any and all obligations secured by deeds of trust, or any other security agreement, to secure financing
or refinancing for the purchase and rehabilitation of the ,Property; subject to and provided that the
Beneficiary and such Senior Lender enter into a subordination agreement providing notice and cure
2
rights to Beneficiary that are reasonably acceptable to the Executive Directors and consistent with the
requirements of Section 19 of the Affordability Restrictions.
5. Prior Mortgages and Deeds of Trust; Charges; Liens. Trustor shall perform all of
Trustor's obligations under any mortgage, deed of trust or other security agreement with a lien which
has priority over this Instrument, including Trustor's covenants to make payments when due. Truster
will pay all taxes, assessments and other charges, fines and impositions attributable to the Security
which may attain a priority over this Deed of Trust, by Trustor making any payment, when due,
directly to the payee thereof. Trustor will promptly furnish to the Beneficiary all notices of amounts
due under this paragraph, and in the event Trustor makes payment directly, Trustor will promptly
discharge any lien which has priority over this Deed of Trust; provided that Trustor will not be
required to discharge the lien of the Deed of Trust securing any senior lender or any other lien
described in this paragraph so long as Trustor will agree in writing to the payment of the obligation
secured by such lien in a manner acceptable to the Beneficiary, or will, in good faith, contest such
lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the
enforcement of the lien or forfeiture of the Security or any part thereof.
6. Hazard Insurance. Trustor will keep the Security insured by such insurance policies
in such amounts and for such periods as called for in the Agreement. All insurance policies and
renewals thereof will include a standard mortgagee clause with standard lender's endorsement in
favor of the holder of any senior lender and the Beneficiary as their interests may appear and in a
form acceptable to the Beneficiary. The Beneficiary shall have the right to hold, or cause its
designated agent to hold, the policies and renewals thereof, and Trustor shall promptly furnish to the
Beneficiary, or its designated agent, the original insurance policies or certificates of insurance, all
renewal notices and all receipts of paid premiums. In the event of loss, Trustor will give prompt
notice to the insurance carrier and the Beneficiary or its designated agent. The Beneficiary, or its
designated agent, may make proof of loss if not made promptly by Trustor. The Beneficiary shall
receive 30 days' advance notice of cancellation of any insurance policies required under this Section.
Unless the Beneficiary and Trustor otherwise agree in writing, insurance proceeds,
subject to the rights of any senior lender, will be applied to restoration or repair of the Security
damaged, provided such restoration or repair is economically feasible and the security of this
Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible
or if the security of this Deed of Trust would be impaired, again, subject to the rights of any
senior lender, the insurance proceeds will be used to repay the grant under this Deed of Trust,
with the excess, if any, paid to Trustor. If the Security is abandoned by Trustor, or if Trustor
fails to respond to the Beneficiary, or its designated agent within 30 days from the date notice is
mailed by either of them to Trustor that the insurance carrier offers to settle a claim for insurance
benefits, the Beneficiary, or its designated agent, is authorized to collect and apply the insurance
proceeds at the Beneficiary's option either to restoration or repair of the Security or to repay the
Loan.
If the Security is acquired by the Beneficiary, all right, title and interest of Trustor in and
to any insurance policy and in and to the proceeds thereof resulting from damage to the Security
prior to the sale or acquisition will pass to the Beneficiary to the extent of the sums secured by
this Deed of Trust immediately prior to such sale or acquisition subject to the rights of any senior
lender.
i'
7. Preservation and Maintenance of Security. Trustor will keep the Security in good
repair and will not commit waste or permit impairment or deterioration of the Security.
8. Protection of the Beneficiary's Security. If Trustor fails to perform the covenants and
agreements contained in this Deed of Trust or if any action or proceeding is commenced which
materially affects the Beneficiary's interest in the Security, including, but not limited to, default
under this Deed of Trust securing any senior lender, eminent domain, insolvency, code enforcement,
or arrangements or proceedings involving a bankrupt or decedent, then the Beneficiary, at the
Beneficiary's option, upon notice to Trustor, may make such appearances, disburse such sums and
take such action as it determines necessary to protect the Beneficiary's interest, including, but not
limited to, disbursement of reasonable attorneys' fees and entry upon the Security to make repairs.
Any amounts disbursed by the Beneficiary pursuant to this paragraph, with interest
thereon, will become an indebtedness of Trustor secured by this Deed of Trust. Unless Trustor
and the Beneficiary agree to other terms of payment, such amount will be payable upon notice
from the Beneficiary to Trustor requesting payment thereof, and will bear interest from the date
of disbursement at the rate payable from time to time on outstanding principal under the
Promissory Note unless payment of interest at such rate would be contrary to applicable law, in
which event such amounts will bear interest at the highest rate permissible under applicable law.
Nothing contained in this paragraph will require the Beneficiary to insure any expense or take
any action hereunder.
9. Inspection. The Beneficiary may make, or cause to be made, reasonable entries upon
and inspections of the Security during normal business hours; provided that the Beneficiary will give
Trustor reasonable notice of inspection.
10. Forbearance by the Beneficiary Not a Waiver. Any forbearance by the Beneficiary in
exercising any right or remedy will not be a waiver of the exercise of any such right or remedy. The
procurement of insurance or the payment of taxes or other liens or charges by the Beneficiary will
not be a waiver of the Beneficiary's right to accelerate the maturity of the indebtedness secured by
this Deed of Trust.
11. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and
cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded
by law or equity, and may be exercised concurrently, independently or successively.
12. Successors and Assigns Bound. The covenants and agreements herein contained
shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the
Beneficiary and Trustor subject to the provisions of this Deed of Trust.
13. Joint and Several Liability. All covenants and agreements of Trustor shall be joint
and several.
14. Notice. Except for any notice required under applicable law to be given in another
manner, (a) any notice to Trustor provided for in this Deed of Trust will be given by certified mail,
return receipt requested, addressed to Trustor at Vista Del Rio Housing Partners LP, c/o A
Community of Friends, 3701 Wilshire Blvd., Suite 700, Los Angeles, CA 90010, Attention: Dora
Leong Gallo, with a copy to Enterprise Community Investment, Inc., 10227 Wincopin Circle, Suite
800, Columbia, Maryland 21044, Attention: General Counsel, and (b) any notice to the Beneficiary
4
will be given by certified mail, return receipt requested, to the Beneficiary at 20 Civic Center Plaza,
P.O. Box 1988, Santa Ana, California 92702, Attention: City Manager, or at such other address as
the Beneficiary may designate by notice to Trustor as provided above. Notice shall be effective as of
the date received by the Beneficiary as shown on the return receipt.
15. Governing Law. This Deed of Trust shall be governed by the laws of the State of
California.
16. Severability. In the event that any provision or clause of this Deed of Trust or the
Promissory Note conflicts with applicable law, such conflict will not affect other provisions of this
Deed of Trust or the Promissory Note which can be given effect without the conflicting provision,
and to this end the provisions of the Deed of Trust and the Promissory Note are declared to be
severable.
17. Captions. The captions and headings in this Deed of Trust are for convenience only
and are not to be used to interpret or define the provisions hereof.
18. Default in Foreclosure: Remedies. Upon Truster's breach of any covenant or
agreement of Trustor in this Deed of Trust or the Promissory Note secured by this Deed of Trust,
including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of
Trust, or any default under any other agreement the performance of which is secured by this Deed of
Trust, the Beneficiary may declare all sums secured by this Deed of Trust immediately due and
payable by delivering to Trustor notice thereof specifying: (1) The breach; (2) the action required to
cure such breach; (3) a date not less than 30 days from the date the notice is received by Trustor as
shown on the return receipt, by which such breach is to be cured provided, however, that if such
default is not reasonably susceptible to being cured within 30 days, Trustor shall have a reasonable
period to cure the defect so long as Trustor is diligently prosecuting the cure to completion; and
(4) that failure to cure such breach on or before the date specified in the notice may result in
acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also
inform Trustor of Trustor's right to reinstate after acceleration and the right to bring a court action to
assert the non - existence of default or any other defense of Trustor to acceleration and sale.
If the breach is not cured on or before the date specified in the notice or such longer
period as provided above, the Beneficiary, at the Beneficiary's option, may: (a) declare all of the
sums secured by this Deed of Trust to be immediately due and payable without further demand
and may invoke the power of sale and any other remedies permitted by California law; (b) either
in person or by agent, with or without bringing any action or proceeding, or by a receiver
appointed by a court, and without regard to the adequacy of its security, enter upon the Security
and take possession thereof (or any part thereof) and of any of the Security, in its own name or in
the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the
value or marketability of the Property, or any part thereof or interest therein, increase the income
therefrom or protect the security thereof. The entering upon and taking possession of the
Security shall not cure or waive any breach hereunder or invalidate any act done in response to
such breach and, notwithstanding the continuance in possession of the Security, the Beneficiary
shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon
occurrence of any uncured breach, including the right to exercise the power of sale;
(c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
specifically enforce any of the covenants hereof, (d) deliver to the Trustee a written declaration
G
of default and demand for sale, pursuant to the provisions for notice of sale found at California
Civil Code Sections 2924, et seq., as amended from time to time; or (e) exercise all other rights
and remedies provided herein, in the instruments by which Trustor acquires title to any Security,
or in any other document or agreement now or hereafter evidencing, creating or securing all or
any portion of the obligations secured hereby, or provided by law.
The Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in
pursuing the remedies provided in this paragraph, including, but not limited to, reasonable
attorneys' fees.
Notwithstanding anything to the contrary contained in this Deed of Trust, the City hereby
agrees that any cure of any default made or tendered by the Limited Partner shall be deemed to
be a cure by Trustor and shall be accepted or rejected on the same basis as if made or tendered by
Trustor. Copies of all notices which are sent to Trustor under the terms of this Deed of Trust
shall also be sent to the Limited Partner at an address to be provided in writing to the City by the
Limited Partner.
19. Trustor's Right to Reinstate. Notwithstanding the Beneficiary's acceleration of the
sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by the
Beneficiary to enforce this Deed of Trust discontinued at any time prior to 5 days before sale of the
Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of
a judgment enforcing this Deed of Trust if. (a) Trustor pays the Beneficiary all sums which would be
then due under this Deed of Trust and no acceleration under the Promissory Note has occurred;
(b) Truster cures all breaches of any other covenants or agreements Trustor contained in this Deed of
Trust and the Covenants; (c) Trustor pays all reasonable expenses incurred by the Beneficiary and the
Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust and the
Covenants, and in enforcing the Beneficiary's and the Trustee's remedies, including, but not limited
to, reasonable attorneys' fees; and (d) Trustor takes such action as the Beneficiary may reasonably
require to assure that the lien of this Deed of Trust, the Beneficiary's interest in the Security and
Trustor's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon
such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain
in full force and effect as if no acceleration had occurred.
20. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly
executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to
notify any party to this Deed of Trust of pending sale under any other deed of trust or any action or
proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee.
21. Reconveyance. Upon payment or forgiveness of all sums secured by this Deed of
Trust and expiration of the Term of the Agreement and the Term of the Affordability Restrictions,
the Beneficiary will request the Trustee to reconvey the Security and will surrender this Deed of
Trust and the Promissory Note to the Trustee. The Trustee will reconvey the Security without
warranty and without charge to the person or persons legally entitled thereto. Such person or persons
will pay all costs of recordation, if any.
22. Substitute Trustee. The Beneficiary, at the Beneficiary's option, may from time to
time remove the Trustee and appoint a successor trustee to any Trustee appointed hereunder. The
no
successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein and
by applicable law.
23. Request for Notice. Trustor requests that copies of the notice of default and notice of
sale be sent to Trustor at the address set forth in Section 14 above.
24. Nonrecourse Liability. Neither Trustor nor any general partner of Trustor shall have
any personal liability under the Loan Agreement, Promissory Note, and this Deed of Trust and any
judgment, decree or order for payment of money obtained in any action to enforce the obligation of
Trustor to repay the Loan evidenced by such documents shall be enforceable against Trustor only to
the extent of Trustor's interest in the Property.
25, Third Party Beneficiaries. Successor Agency and the Housing Authority of the City
of Santa Ana are third party beneficiaries of Beneficiary's rights hereunder, with full right (but no
obligation) to enforce the terms and exercise the remedies provided to Beneficiary hereunder.
[Signatures appear on following page.]
IN WITNESS WHEREOF, Trustor has executed this City /HOME Loan Deed of Trust
and Assignment of Rents as of the date first written above.
" Trustor"
VISTA DEL RIO HOUSING PARTNERS LP,
a California limited partnership
By: A Community of Friends,
a California nonprofit public benefit corporation
Its: Managing General Partner
Dora Le&QGallo
Its: Chief Executive Officer
By: Foundation for Affordable Housing V, Inc.
a California nonprofit public benefit corporation
Its: Administrative General Partner
By. 4. �
Deborrah A. Willard
Its: President
S -1
DOCSOC/ 1526976v7/200272 -0004
LEGAL DESCRIPTION
PARCEL2
Real property in the City of Santa Ana, County of Orange, State of California, described as follows:
IN THE COUNTY OF ORANGE, STATE OP CALIFORNIA, BEING A PORTION OF THE
NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN TI -IB
RANCHO LAS 3OLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY, AS DESCRIBED IN A DEED TO'T'HE NEWBERT
PROTECTION DISTRICT, RECORDED OCTOBER 16, 1919 IN BOOK 339 PAGE 382 OF DEEDS
IN THE OFFICE OF SAID COUNTY RECORDER MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF LOT 38 OF TRACT NO. 2887 AS
SHOWN ON A MAP FILED IN BOOK 117, PAGES 28 THROUGH 30, INCLUSIVE, OF
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, BEING ALSO THE WESTERLY
CORNER OF THAT CERTAIN STRIP OF LAND DEEDED TO THE CITY OF SANTA ANA ON
MAY 14, 2002 BY INSTRUMENT NO. 20020400664 OF OFFICIAL RECORDS OF SAID COUNTY,
THE SOUTHERLY LINE OF SAID STRIP BEING A TANGENT CURVE, CONCAVE SOU'T'HERLY
AND HAVING A RADIUS OF 867,00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 100 23'48", AN ARC LENGTH OF 157.32 FEET TO THE
END OF SAID CURVE; THENCE SOUTH 690 55'32" EAST A DISTANCE OF 77.35 FEET ALONG
THE SOUTHERLY LINE OF SAID STRIP; THENCE DEPARTING SAID SOUTHERLY LINE ON A
COURSE BEARING SOUTH 200 04'28" WEST A DISTANCE OF 7.00 FEET; THENCE NORTH
690 55'32" WEST A DISTANCE OF 28,00 FEET; THENCE SOUTH 62° 04'28" WEST A
DISTANCE OF 13,38 FEET; THENCE SOUTI4 14'04'28" WEST A DISTANCE OF 36.00 FEET;
THENCE SOUTH 400 01' 11" EAST A DISTANCE OF 2744 FEET; THENCE SOUTH 25° 35'43"
EAST A DISTANCE OF 29,37 FEET TO THE BEGINNING OF A NON - TANGENT CURVE,
CONCAVE SOUTHWESTERLY, HAVING A RADIAL BEARING OF SOUTH 39° 52'08" WEST
AND A RADIUS OF 42.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 500 45'00" AN ARC LENGTH OF 37.20 FEET TO THE END OF SAID
CURVE; THENCE ALONG A LINE TANGFNT TO SAID CURVE SOUTH 000 37'08" WEST A
DISTANCE OF 140,00 FEET; THENCE SOUTH 890 22'52" EAST A DISTANCE OF 14,00 FEET TO
A POINT ON THE NORTHWESTERLY LINE OF "PARCEL, I" OF A DOCUMENT RECORDED IN
BOOK 9034, PAGE 417, OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTH 26° 53' 03"
WEST A DISTANCE OF 534,66 FEET ALONG THE NORTHWESTERLY LINE OF SAID "PARCEL
I" TO A POINT ON THE EASTERLY LINE OF SAID TRACT 2887; THENCE NOR'ITI 0'37' 08"
EAST ALONG SAID EASTERLY LINE A DISTANCE OF 802.28 FEET TO THE POINT OF
BEGINNING.
The area of the described land consisting of 2.740 acres, more or less.
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On f� 6 �r Oc rcJ before me, /bl (/U�(f L °'/ /PY Notary Public,
(I)lint Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sare
subscri d to the within instrument and acknowledged to me that h sh they executed the same
in histheir authorized capacity(ies), and that by hitheir signature(s) on the instrument the
perso
person(s), or the entity upon behalf of which the ns acted, 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.
MARY A. ELTON�
COMM. # 1962216 'n
NOIARY PUBLIC - CALIFORNIA N
ORANGE COUNTY y
MY Comm. EXP. DEC 26, 2015
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
❑ Pantner(s) ❑ Limited
❑ General
• Attorney -In -Fact
• Trustee(s)
❑ Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
DOC SOC/ 1526976v7/200272 -0004
DESCRIPTION OF ATTACHED DOCUMENT
%f2?hv I'%t---
Title Or Type Of Documer
Of Pages
Lf - I'2_
Date Of Documents
Signer(s) Other Than Named Above
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
STATE OF California )SS
COUNTY OF )SS
On IVV, Lc& � - I� before me, Mary A. Elton ,Notary Public, personally appeared
N-Wililia-6 who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s is re subscribed to the within instrument
and acknowledged to me that h she e they executed the same in hig heir authorized capacity(ies),
and that by hisj ].their signature s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, 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.
WITNESS my
Signature
and official seal.
Mary A Elton
10MARY A. ELTON
Comm,# 1982218
MY NOTARONRN08I Co -CALIFORNIA Comm. EXP. UAO. 20, 2015
This area for official notarial seal.
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on
the documents.
• INDIVIDUAL
• CORPORATE OFFICER(S) TITLE(S)
• PARTNER(S) ❑ LIMITED ❑ GENERAL
• ATTORNEY -IN -FACT
• TRUSTEE(S)
• GUARDIAN /CONSERVATOR
❑ OTHER
SIGNER IS REPRESENTING:
Name of Person or
Name of Person or
OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW
uf�I
TITLE OR TYPE OF DOCUMENT: � p 09 1
NUMBER OF PAGES_ DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CITY /HOME LOAN
CERTIFICATE OF ACCEPTANCE
(Deed of Trust)
This is to certify that the interest in real property conveyed by the foregoing City /Home Loan
Deed of Trust and Assignment of Rents dated as of January 1, 2012, executed by VISTA DEL RIO
HOUSING PARTNERS LP, a California limited partnership, for the benefit of the CITY OF
SANTA ANA, a charter city and municipal corporation ( "City "), is hereby accepted by the
undersigned officer on behalf of City pursuant to authority conferred by the City Council on
March 21, 2011, and City, as beneficiary, consents to recordation thereof by its duly authorized
officer.
CITY OF SANTA ANA, a charter city and municipal
corporation
i
By:
Francisco Gutierrez
Executive Director of Finance and
Management Services