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HomeMy WebLinkAbout021-132-017},. F- • i� " , - 4 "iy Y til I N ASS x { , ° ✓ 021-132-017 06-1326 BURBANK, GEORGE +• . ++ , - + It t i, a �,1L a a ¢ 1223 DEWSA'UP AVE, GRIDLEY t iti $ ' rrngyi 1 to y. Cont: OWNER u "'i x v�, AG BLDG V Ih,. +1 A lip } ry 3 a � fir•. ' r; ' -. 9. / r1a ti �. rl i F1 t t '� '• , T �•�#�• .. 1 is ` � 4 •:, .. � t�. � 5 ; x 4 �a� r/'i Y• .l j' 1 :P 7 i, j, of Oro 'i 41 ,� .l �!�. t •t T raft .. e . " , C Z •. I r .:r � l � �;iadr, 1�+EA �� � k - � Y�i1"� t ,. � ., y r � ar` r a 14 41, A��r,�h c. 1 Y '. ���• $ -fir F 1 a h• i s t T:. -Y a s. .}. Tf S i' S-. BUILDING DIVISION COUNTY OF BUTTE - DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 - TELEPHONE: (530) 538-7541 AGRICULTURAL BUILDING EXEMPTION PERMIT PERMIT NO. 0 3 Co Agricultural building is defined as follows: Agricultural building is a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged, nor shall it be a place used by the public. GZ&-- 'F46 -O-70`7* ASSESSOR PARCEL NO. ZONING _ OWNER � PHONE - NE OWNER'S ADDRES r � J [ /�'2 e S Yl u- ►� r LOCATION OF BUILDING USE OF BUILDING �}cL to r SIZE OF STRUCTURE �(J g® �7; X _ SO. FT. TYPE OF CONSTRUCTION: WOOD FRAME STEEL CONCRETE OTHER (Specify) TYPE OF SIDING Ale I ROOF COVERING FLOOR TYPE --t& q re f/ ESTIMATED COST OF CONSTRUCTION AG Buildings shall comply with the minimum front, side, and rear yard setback requirements of the applicable County Ordinances as follows: . - / i t1� , V) J FRON l� 1010SIDES I'A1 f� REAR 6 rn AG Buildings shall be a minimum of five (5) feet from any septic tank or leach fields. AG Buildings less than 1000 sq. ft. in floor area shall be located a minimum of 6 feet from a residence, 10 feet from a mobilehome, and 23 feet from a commercial building. AG Buildings greater than 1000 sq. ft. in floor area shall be located a minimum of 23 feet from a residence and a mobilehome, and 40 feet from a commercial building. I declare under penalty of perjury that the building will be used as stated about, -and the purposed use confirms with the AG Building definition. If any change in use or occupancy of the building is made, I will contact the Building Division and obtain any necessary permits, inspections, and approvals to comply with the requirements in effect at that time and before occupancy. Date �� Signature of Owner�s� 17 Permit Fee -$109.98 The above described AG Building is exempt from a building permit. �-y FX I PARC. L P. ROOFING 117 Receipt No.�IJ I `I Manager jiuildin Division White — DPW, Yellow — Assessor, Pink — B. I., Goldenrod — Applicant Butte County Department of Development Services BUILDING DIVISION 7 County Center Drive Oroville, CA 95965 (530) 538.7601 Telephone 6-7-06 Mr. George Burbank Jr. Ms. Ragena Burbank 1223 Dewsnup Ave. Gridley CA 95948 (530) 538-7785 Facsimile RE: Building Permit Number: 06-1326 APN Number: 021-132-017 In order to continue processing and/or issue the above -referenced permit, we need the following information: ❑ Permit application signed and completed where indicated with all copies returned. ❑ Plot plans, % sets, signed by preparer of plans. ❑ Complete plans and calcs, 3/4 sets, signed by preparer of plans. ❑ Engineered plans and calcs, % sets, with wet signature on plans. ❑ Hazardous Material Form. ❑ Statement of Intent for Non -Heated and A/C Buildings. ❑ Engineered truss details and layout in duplicate. ❑ Mobile home data and manufacturer's installation instructions, 2 sets. ❑ Fees of , payable to: Butte County Treasurer. ❑ Impact fees paid. ❑ California Department of Forestry plan approval/fees. ❑ FEMA National Flood Insurance Program Elevation Certificate prepared by a licensed land surveyor, architect or engineer. ❑ Sanitation and plot plan approval from Oroville Environmental Health Department. ❑ City of Chico plumbing permit. ❑ Plot plan and business license approval from City of Biggs/Gridley. ❑ Planning approval for ❑ Land Development (a) Improvements (b) Drainage. ❑ Contractor's license information (No. Name, Style, Class) or exemption statement. ❑ Owner -Builder Verification Form ❑ Recorded copy of Agricultural Acknowledgment Statement ❑ Letter of signature authorization ® Copy of recorded deed of parcel creation and 60' right of way to a public road ❑ Letter of intent on building use. ❑ Mobile home utility clearance ❑ Documentation of legal access. ❑ Documentation of 50% subdivision developed of a) Road improvements completed and (b) Parcel meets zoning area and frontage requirements ❑ Existing violations/expired permits resolved. ❑ Plan check list data and revisions. ❑ 10 set(s) of plans in accordance with changes marked in red. ❑ Copy of recorded 60' right of way to a public road. Should you have any questions concerning the above, please call (530) 538-7541 and ask for the Permit Center. Sincerely, Tammie Powell Permit Technician 00 O/ �. Rio Ey COLONY IIJJ NO 4 Near GriClley Butte Co. Co owned hyMe Cb/rl�-7/4 bh9ote1?17 mPan/- „ " No//09 'POST V. Son Fr anc,seo Ca�/ for/r/4 21A #0 610 6.O'6 6! !o e Z .. /OA cc 8 10 11 1 2 13 14 15 16 3 z /0A /OA /OA /G- 7 /vii /O 9 /04 10,32'qi . beo• , d 4 W e 24 29 22 21 20 19 18 o ti 10-4 /0-1 /OA 9 /O /OA 104 10A 9 •aa� • aS 26 2r 28 29 30 9a 32 e /oA /0-9 /OA /0-7 /vA /Of/ /OA /0.254 lwf 640' bfo' o' •o' - ' - Sec ii ee i 9. BD°SS'e. i !o./6 ei• 1__. 5—co.. p N° 3G 3s 34 ! 33 ;; N ci w �y. /OA 10'.4/O.ro /O•e�l ` 0 1O^Y 60 O b ° c� 38 39 40 e ; 5 �f ° ? /OA• /OA /O/i /0//A t - a 10 •o' i.•a' 6 H' T/,.s nqo� 9 Sc o% /a. oh..a�ofPe/ Gr/d/el/ r/Co/o. Colo V /✓04 kon S'SAS or �1Y/c/�Ff/�O�wi/.a �u ✓//�_` - the SAS, o// Sec.l.. /Yj o Ihe..V.L'::' of S r. c 1! A// I7.N /i:l, F-. M.O R.& M. Su: vcyea .. /3nE b� Fi d for Record ,• -.: ......r.._,._.L: —�,.,._ :-....- vYl.0 r. ;•i CH. eb ru d.ry S �-" lyo7 :..:s asu.•�y°� �/�(il CIVS. 1961 *vvw ,invol ui 1v .4O AlNAO-o £I-IZ'ON dvw SWOOSSIM w a 0 0 rL I -1Z vbw ewasossy fw uo uro4s -A—/y a47 /o — oW JVJ Pa— q AItfMl oN sao-ulµ-uojslNPa- pm Puo s;ou ww (Id— lou Am —ta -oys OP—d ow Pm AIW sssodmd ;uowasasso ApadmM p -I q perodaM — slow , v o v t 141 ! 'Al 'Y 'O 'w *I 'ON ANOIO* A71o1119 K '9d t '>• 'Y '0'w 'aw ANO 100 Allotwo 77"71 19'Ujus/, S 'AT 5R. )E G REQUESTED BY CHICAGO TITLE COMPANY lov RECORDATION REQUESTED BY: 2epio 1—1010...Sr 10-+97 Bank of the West Recorded Gridley Official YRecords 1450 Treat Blvd Cour1T I E f Walnut Creek, CA 94596 WHEN RECORDED MAIL TO: Bank of the West Gridley 1450 Treat Blvd Walnut Creek, CA 94596 CANDACE J. MUD= Recorder ROSEMARY DICKSON Assistant 09:NAM 31 -Oct -2@01 REC FEE 31.00 Fay Page 1 of 9 BUTTE SEND TAX NOTICES TO: COUNTY Bank of the West Gridley JUN vpf I'.006RC 1450 Treat Blvd Walnut Creek CA 94596 S l9li$ I 3 Fr''TqVE6OR60Rli1USE ONLY BANK &WEST . DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $13,000.00. THIS DEED OF TRUST is dated October 22, 2001, among GEORGE BURBANK JR. and REGANA BURBANK, HUSBAND AND WIFE, AS JOINT TENANTS, whose address is 1223 DEWSNUP AVENUE, GRIDLEY, CA 95948 ('Trustor'); Bank of the West, whose address is Gridley, 1450 Treat Blvd, Walnut Creek, CA 94596 (referred to below- sometimes as "Lender" and sometimes as "Beneficiary"); and FIRST SANTA CLARA CORPORATION, whose address is PO BOX 1000, SAN JOSE, CA 95108 (referred to below as "Trustee"). COIYVzYANCE AND GRANT. For valuable consideration, Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sem, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, tps-mer wim all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and ap®as-a.ar>cas; afl water, water rights and ditch rights (including stock in utiTrties with ditch or irrigation rights); and all other rights, ge>ybas, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the 'Real Property") located in BUTTE County, State of California: THE NORTH 7 ACRE OF LOT 27, ACCORDING TO THAT CERTAIN MAP ENTITLED, "MAP OF GRIDLEY COLONY NO. 4, NEAR GRIDLEY, BUTTE CO., CAL.", WHICH MAP AS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, FEBRUARY 5, 1907, IN BOOK 6 OF MAPS, AT PAGE 8. The Reel Property or its address is commonly known as 1223 DEWSNUP AVENUE, GRIDLEY, CA 95948. Trustor presently assigns to Lei nd _r (aIs' jknown�as Beneficiary in -this Deed of Trust) all of Trustor's right, title, and interest in and to all - present, and 'futuie leases .of the" -Property and all Rents from the Property. This is an absolute assignment of Rents made in connection with an obligation secured by real property pursuant to California Civil Code Section 2938. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Fersonal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYi4SENTI AND PERFORMANCE Sx—m ase. nz-__ p;ovided in this Deed of Trust, Tyr simll pay to Lender an amounts secured by dis Deed e. Tp�­ as z: --:-zN s-icJy and L-% a -.=We,+ manner perpm a of Tns-t-or's obligations under the Note, this ri1T.s and t�F � ?OSS�_aSlfJH AND ItLILX�A CE OF HIE PROPSrTY. T.Y agaraas dw Trustor's possession and use of the Property shall be cp Cy pM�-s; Possession and Use_ U.-rfi the occurrence of an =tet of De:azfit Trus -tor may (1) remain in possession and control of the Property; (2) use, operate or a tiTe Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any N DEED OF TRUST Loan No: 417-7150080 (Continued) Page 2 Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing; (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any :such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. 'trustor authorizes Lender and its agents to enter upon the Property J to make such in:opections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this secticri of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties coma ned herein are based on Trustor's due diligence in investigating the Property for Hazardous. Substances. Trustor hereby (1) reloases and waives any future claims against Lender for indemnity or contribution In the event Trustor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damagY,s, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Cooed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have.been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness arid. the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest ii the Property, whether by foreclosure or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or wasteon or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other partN the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, grarai a rock products without Lender's prior written consent. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to rer lane such Improvements with Improvements of at least equal value. ' Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lende r �s interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust: Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effEtc L of all governmental authorities applicable to the use or occupancy of the Property. Trustor may contest -in good faith any such l.lw, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Trustor has not tied Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest Duty to Protect. Trustor agrees neither to abandon nor leave unattended the Property. Trustor shall do all other acts, in addition to those acts set lorth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Trwor shall pay when due (and in all events at least ten (10) days prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all c aims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the Property. free of AU liens .having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessmeh1s nor due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. Right to Contest:. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pad-, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Trustor shall wKhin fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (16) days after Trustor has notice of the filing, secure th,: discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security s,avisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall satisfy any adw rse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize tie appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Tru. -;tor can and will pay the cost of such improvements. PROPERTY DAMAGE: INSURANCE. The following provisions relating to Insuring the Property are a part of this Deed of Trust Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage endorsements c•ort a replacement basis for the full Insurable value covering all Improvements on the Real Property In an amount 1 11) DEED OF TRUST Loan No: 417-7WOS0 (Continued); Page 3 sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard insurance in excess of the replacement value of the improvements on the Real Property, Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired :n any way by any act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Trustor agrees to obtain and main.'ain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securim. the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to, maintain such insurance for the term of the loan. Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. If in Lender's sole judgment Lender's security interest in the Property has been impaiied, Lender may, at Lender's election, receive'and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If the proceeds are to be applied to restoration and repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the ressonat,le cost of repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed withir 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to th•: principal balance of the Indebtedness, If Lender holds any proceeds after payment in full of the Indebtedness; such proceeds shall to paid to Trustor as Trustor's interests may appear. Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Deed of -trust at any trustee's sale or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such Property. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in affect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provi:,sons under this,Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of p-oceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. 'LENDER'S EXPENDUURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indelntedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to ba appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other nghts or any remedies to which Lender may be entitled on'account of any default. Any such action by Lender shall not be construed as :firing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE. OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all lions:and.enourribianbes other than. those seat forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. ) Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the tittle to the Property against the law-'ul claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at Trustor's expense. Trustor may be the nominal party it such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented'in the proceeding by counsel of Loader's own choice, and Trustor will deliver, or rause to be delivered, to Lender such instruments as Lender may request from tinie to time to permit such participation. Compllance Whh Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of ProrrOpes. All promises, agreements, and statements Trustor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Trustor's Indebtedness is paid in full. EXISTING INDESTEONESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. '17`.ie lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Trustor expressly covenants and agrees to pay, or see to the payment of, the. Existing Indebtedness and to prevent any default on such indebtedness, an -i default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. i No Modification.. Trustor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security n. DEED OF TRUST I ' Loan No: 417-750080 (Continued) Page 4 agreement whici has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior writter consent of Lender. Trustor shall neither request nor accept any future advances under any such security agreement without the prio• -written consent of Lender. CONDEMNATION. The following provisions relating to eminent domain and inverse condemnation proceedings are a part of this Deed of Trust: Proceedings. If any eminent -domain or inverse condemnation proceeding is commenced affecting the Property, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to pursue or defend the action and obtain the award. Trustor may be the nominal party in any such proceeding, but Lender shall be entitled, at its election, to participate lin the proceeding and t:: be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such ins;wments and documentation as may be requested by Lender from time to time to permit such participation. Application of Piet Proceeds. If any award is made or settlement entered into in any condemnation proceedings affecting all or any part of the Property or by any proceeding or purchase in lieu of condemnation, Lender may at its election, and to the extent permitted by law, require :h.at all or any portion of the award or settlement be applied to the Indebtedness and to the repayment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation proceedings. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, fees and Charges. Upon request by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lende r for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. , Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon a0. of any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Trustor which Trustor is authorized or required to dedir:^. from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (a) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Trustor. ' Subsequent Twies. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below artless Trustor either (1) pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Taxes and Lien:; saction and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest, Upon request by Lender, Trustor shall execute financing statements and take whatever other action is requested by Lender to perfe c and continue Lender's security interest in the Personal Property. Trustor shall reimburse Lender for all expenses incurred in perk.-eting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from t'tr: Property. Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after receipt of written demand from L,,zider to the extent permitted by applicable law. Addresses. Tho mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest granted t,y this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Desd of Trust. OURT14EFl,ASSURAllCE$i ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney -in -facture a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, wiecuted or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages. deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurara:tt, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, cori;>lete, perfect, continue, or preserve (1) , Trustor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Tnr,tor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor shall reimburse Lender for all costs and expenses iu:urred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Trustor fails to do any of the things referred to in the preceding paragraph,' Lender may do so for and in the name of Trustor and at: Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as maybe necessary or desirable, in Lender's sole opinion, tc accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Trustor pays all the Indebtedness when duo, and otherwise performs all the obligations imposed .upon Trustor under this Deed of 'Frust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Lender may charge Trustor a reasonable reconveyance fee at the time of reconveyance. EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: DEED OF TRUST Loan No: 417-750080 (Continued) Page 5 Payment Default. Trustor fails to make any payment when due under the Indebtedness. Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in thif [Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition. contained in this Deed of Trust, the Note or in any of th-3 Related Documents. If such a failure is curable and if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Trustor, after Lander sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires snore than fifteen (15) days, immediately initiates saps sufficient to cure the failure and thereafter continues and completes all masonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Default on Other Payments. - Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any Ilan. False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's behalf under this Deed of Trust or the Re'ated Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective CoUateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolwrncy. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any part of Trustor's property, any assignmem: for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Trustor's accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Trustor gives Lender written-)otice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between Trustor and Lender that is not remedied withiri :any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Trustor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any o ` the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness awl- is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any e;:isting lien on the Property. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Defauk occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any on: or more of the following rights and remedies: Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to chow e. any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Trustor' obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies. Foreclosure by ;idle. Upon an Event of Default under this Deed of Trust, Beneficiary may declare the entire Indebtedness secured by this Deed of Tr;- immediately due and payable by delivery to Trustee of written declaration of default and demand for.sale and of written notice t f;detault and of election to cause to be sold the Property, which notice Trustee shall cause to be filed for record: Bertefkiary also. °slFtelf :deposit: with Trustee this: Deed of Trust, the Note, other documents requested by Trustee, and all documents evidencing ekpendiii fel s secured hereby. After the lapse of such time as may then be required by law following the recordation of the notice of defaul•:, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the :ime and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as 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 all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement in accordance with applicable law. Trustee shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty, expre3s or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by low in effect at the date here•)i; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. Judicial Forecloa ure. 'With respect to all or any part of the Real Property, Lender shall have the right in lieu of foreclosure by power of sale to foreclose ?ry judicial foreclosure In accordance with and to the full extent provided by California law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, including without limitation the right to recover any deficiency in the manner and to the full extent provided by California law. Collect Renta. Lirnder shall have the right, without notice to Trustor to, take possession of and manage the Property and collect the Rents, including :rmmounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly DEED OF TRUST Loan No: 417-750080 (Continued) Page 6 to Lender. If the Rents are collected by Lender, then Trustor Irrevocably designates Lender as Trustor's attorney-in-fact to endorse instruments rec6ved in payment thereof in the name of Trustor and to negotiate the same and collect the proceeds. Payments by tenants or othe• users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not my proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to pr3tect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceec s 'the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a. receiver. Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Trustor, Trustor shall become a tenant at sufferance of Lender or the piu:,:haser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sere or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of Personal Property may be made in conjunction witF. any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Trustor hereby waives any and all rights to have the Property marshalled. In +exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one. sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is evolved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, withou: *imitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not r1here is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any autonnatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the es:tent permitted by applicable .law. Trustor also will pay any court costs, In addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with re!;vett to the Property upon the written request of lender and Trustor; (a) join in preparing and filing a map or plat of the Real Properr.,•, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under tf is Deed of Trust. Obligations to Ilotify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust:deed.or lien, or oitany:,,action.- proceeding in. :which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding .is brought bq Trustee. Trust.ae shall meet all qualifications required for Trustee under applicable law, in addition to the rights and remedies set forth above, wil:h respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Tru:,tee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Tr: by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of BUTTE County, State DT California. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender. Trustee, and Trustor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provi Jed by law. NOTICES. Any notice required to be given under this Deed of Trust shall be given in writing, and shall be effective when actually delivered, when actually receivo d by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beilinning of this Deed of Trust. Trustor requests that copies of any notices of default and sale be directed to Trustor's address shown nea - the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority DEED OF TRUST Loan No. 417-750080 (Continued) Page 7 over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice. is to change the person's address. For notice purposes, Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender. STATEMENT OF OB_IGATION FEE. Lender may collect a fee, not to exceed the maximum amount permitted by law, for furnishing the statement of obligati.),! as provided by Section 2943 of the Civil Code of California. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What,is written in this Deed of Trust and in the Related Documents is Trustor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headlnils, Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provi:otms of this Deed of Trust. Merger. There :hall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by and Interpreted In accordance with federal law and the laws of the State of California. This Deed of Trust has been accepted by Lender In the State of California. Joint and Several liability. All obligations of Trustor under this Deed of Trust shall be joint and several, and all references to Trustor shall mean each and every Trustor. This means that each Trustor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lander. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so to writing. i he fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in v% riling to give up one of Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of ''rust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to one or more of rrustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment, protest, and notice of dishonor. Severabllity. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean that the ri):M: of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a pernon other than Trustor, Lender, without notice to 'rrustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability tinder the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Bank of the West, and its successors and assigns. Borrower. The word "Borrower" means GEORGE BURBANK JR. and REGANA BURBANK, and all other persons and entities signing the Note. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all.ass ignment and security interest provisions relating to the Personal Property and Rents. -..: Fnviion►nerrtafLawe; -The WordsEnvironmental Laws" mean any and all state, federal and local statutes, regulations and oriiinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, ett seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., Chapters 6.5 through 7.7 of Division 20 of t')e Calitornia Health and Safety Code, Section 25100, at seq., or other applicable state or federal laws, rules, or regulations adorned pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section if this Deed of Trust. Existing Indebteidness. The words "Existing Indebtedness" mean the indebtedness described in the Existing'Liens provision of.this Deed of Trust. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitatioi% a guaranty of all or part of the Note. Hazardous Sukstances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improper I1; used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Sut-stances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, ma:arials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, witho it limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. DEED OF TRUST Loan No: 417-750080 (Continued) Page 8 Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Propertf, facilities, additions, replacements and other construction on the Real Property. Indebtedness. —he word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related DOCI meets and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or Lend,- to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means Bank of the West, its successors and assigns. The words "successors or assigns" mean any person or comp inn that acquires any interest in the Note. Note. The w.)rd "Note" means the promissory note dated October 22, 2001, in the original principal amount of $13,000.00 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutic:ns for the promissory note or agreement. Personal Propeity. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and 'all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. —he words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documc nts. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, ag•cements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The wcr; "Rents" means all present and future leases, rents, revenues, income, issues, royalties, profits, and other benefits derived from th,! Property together with the cash proceeds of the Rents. Trustee. The wand "Trustee" means FIRST SANTA CLARA CORPORATION, whose address is PO BOX 1000, SAN JOSE, CA 95108 and any substitite or successor trustees. Trustor. The waid "Trustor" means GEORGE BURBANK JR. and REGANA BURBANK. EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO ITS TERMS. TRUSTOR: DEED OF TRUST Loan No: 417-750080 (Continued) Rage 9 CERTIFICATE OF ACKNOWLEDGMENT STATE OF t r O r m I 0. I ISS COUNTY OF -VL� U 7ft.e— On 0 SIT 712, 20p i before me, �Q G G y L %jA•n w, ort (Y, No -1 a ` �/ personally appeared GEORGE BURBANK JR, and REGANA BURBANK, person lly known to me (or proved to me on the asis of satisfactory evidem:40 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executlety the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the an-:ily upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand end official seal. PEGGY L. Nd4ilAM01i0D ..�. COMM. it 1222152 • .NOTARY PUSUC•CAUiORNIA Signature OU'i 1 E COUNTY 0 ��" — COMM. EXP. MAY 28 2003 'A (Seal) (DO NOT RECORD) REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust, All sums secured by this Deed of Trust have been fully paid tied satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant _o any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without* warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust, Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: 1A5lR PRO t.dmg, V.. 5.17.20.05 C— H.Wd F—W Ulu, 1A h1 . 1557. 2001. A0 P,phb PnnV - CA C:ICRAKMIAC TWI504380 M-14