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HomeMy WebLinkAboutMINUTES - 04221997 - C85 TO: • BOARD OF SUPERVISORS Contra FRGM" Stephen I . Weir , Clerk-Recorder . Costa By: Barbara Chambers.6✓f g County DATE: March 27 , 1997 SUBJECT: Refund of overpayment of Tt.ansfer Taxes SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE the refund of overpayment of transfer taxes and AUTHORIZE the County Auditor- Controller to issue warrants in the amounts and to the parties listed. BACKGROUND: The County Recorder, having advised that funds to cover the payment of the Documentary Transfer Taxes when recording certain grant deeds, have deposited in excess of the amount required under the law, and having requested that the County Auditor-Controller be authorized to issue warrants refunding the following amounts: CHICAGO TITLE CO. $ 37.95 CHICAGO TITLE CO. $419.10 3575 San Pablo Dam Rd. #100 318 Diablo Rd. #120 El Sobrante CA 94803 Danville CA 94526 RE: 96-219465; 97-22957 RE: 96-218053 your# 208817 Your# 804885 PLACER TITLE CO. $603.80 ROBERT W. JAMES $ 77.00 1981 N. Broadway#100 2117 Seccombe Ct. Walnut Creek, CA 94596 Walnut Creek, CA 94596 RE: 96-169581 RE: 97-49173 your# 6151337 your# 915 Gloucester Ct. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON � � � 9� APPROVED AS RECOMMENDED OTHER VOTE F 5UPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC:; Recorder (B. Chambers 6-2369) ATTESTEDQ T( 1`x-1 Auditor PHIL BATA ELOR,CLERK OF THE BOA4 OF SUPERVISORS AND COUNTY ADMINISTRATOR i BY DEPUTY M382 (10/88) DEMAND VENDO+ N0. ALC 4•4 D on the Treasury of the COUNTY OF CONTRA COSTA Made By: STATE OF CALIFORNIA DATE February 14, 1997 CHICAGO TITLE COMPANY NAME (LAST) (FIRST) IMPORTANT _3_575 San Pablo Dam Road, Suite 100 See Instructions on Reverse Side ADDRESS E1 Sobrnate, CA 94803 CITY, STATE ZIP CODE ESCROW No. 208817 For the sum of Thirty Seven and 95/100 Dollars $ 37-95 As itemized below: DATE DESCRIPTION AMOUNT 11/22/96 Overpaid transfer tax on sales price of $85,000.00 $37.95 Paid 131.45 on 11/22/96 correct Transfer Tax $93.50 F The undersigned under the penalty of perjury states: That the above claim and the items as therein set out are true and correct; that no part thereof has been heretofore paid, and that the amount therein is just due ,and that the same is presented within one year after the last item thereof has accrued. Sign VENDOR NO. Received, Accepted , and Expenditure Authorized DkCLR. NT HEAD -DE U 11 U ORt. ACCOUNTNCUY RAMC NO.JP/CJ PAYMENT AMOUNTs -/ /� �! N TASK Y F 1 NT A OPTION ACT IT tP[C Lt 0 SCOU XAtL YOU IV I I I , 1 tUY. MO. $"VOICE DAT..[.. •••DEtCRIPTIOM • FUND/ORt. ACCOUNT [NCUYtRANCE N0. 11/. PAYMENT AMOUNT , 1 T XAtL 01SCOUN T[ AYOUNT K 0PTI N ACTIVI T i , 1 I . ••' ::�� : : tUMNO. INVOICE DESCRIPTION 'uNDORt. ACCOU:>NtJP/C [NCUM@RAN:::.E NO. PPA YMENT AMOUNT , , i 1 ACTIVITY SPEC. FLOS DISCOUNT TAXABLE AMOUNT TASK OPTION i 4 I (D 15 Rev.10/77) _... ? CHICAGO TITLE COMPANY 3575 San Pablo Dam Road, Suite 100, E1 Sobrante, California 94803 (510) 222-4750 Fax (510) 222-4786 February 14, 1997 MS. BARBARA CHAMBERS, ASSISTANT COUNTY RECORDER OFFICE OF THE RECORDER 730 Las Juntas Street Martinez, CA 94553 Escrow Nc. 208817 - DEF Regarding APN: 416-032-022 Property 2998 Brook Way, San Pablo, California 94806 Dear Ms. Chambers With reference to the above numbered escrow, we enclose herewith the following: 1. Re-recorded Grant Deed 2. Demand to Treasury When transaction was first started the lenders documents showed the sales price as $119,500.00. I had the deed prepared when we found this price to erroneous. The actual sales price I closed with was $85,000.00. Sincerely, Dar 'ene Frakes Sr. Escrow Officer GLS24--06/15/96bk eMl A0 TITU CO. RECORDED AT REQUEST OF a CHICAGO TITLE COMPANY 1 AT O'CLOCK AFTER RECORDING MPIL TO: CONTR STA COUNTY CORDS C AUNTY f:ECO pDER . DAN S. PEASLEE FEE $ 2442 Bancroft Lane San Pablo, Ca 94806 208817 DOCUMENT TITLE (S) GRANT DEED Ep- RA COSTA M FE fi RECORDING REQUESTED BY 96 219465 CHICAGO TITLE COMPANY KIG,Z0 A-T kUf 2 �` AND WHFji RECORDED MAIL TO CHICAGO TITLE CO. ' DAN S. PEASLEE 2442 Bancroft Lane NOV 2 219% 2 ���+�* San Pablo, Ca. 94806 J ..� _ �T CLOCK h�, CONTRA COS?A CO. :ONTRA COSTA COUNTY RECORDS !� STEPHEN L. V' E I R TRANSFER iAX �'/ COUNTY �-cc ;:i fR FEE $ LPAIi� _ l� U (r Escrow No. 208817-DEF Order No. 208817- RT SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No: GRANT DEED 416-032-022 The undersigned declares that the documentary transfer taxis �X�X I A A 93.50 and is © computed on the full value of the interest or property conveyed,or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The undersigned declares that the city/county transfer tax is NONE The land,tenements or realty is located in ❑X unincorporated area ❑ City of FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, LILY B. PEASLEE AND DAN S. PEASLEE AS SUCCESSOR CO-TRUSTEE'S (TO GEORGE A. PEASLEE, DECEASED) OF THE PEASLEE 1988 TRUST, DATED DECEMBER 27, 1986 hereby GRANT(S) to DAN S. PEASLEE, Ail UNMARRIED MAN THIS DEED BEING RE—RECORDED TO CORRECT TRANSFER TAX. the following described real property in the County of Contra Costa ,State of California: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HE EOF BY REFERENCE Dated November 11, 1996 / ? i STATE OF CALIFORNIA /LILY0B PEASLEE, SUCCESSOR CO-TRUSTEE COUNTY OF CONTRA COSTA ) SS. �� �� NOVEMBER 18, 1996 �- /.'�-�- On before me, ;iAD�D/�'/�SEgySL` c'CES "TRUSTEE �-- D. FRAKE S , � a Notary Public in and for said County and State,personally appeared LILY B. PEASLEE AND DAN S. . PEASLEE personally known to me or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and ackno:vledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) N on the instrument the person(s), or the entity upon behalf of which theU D. FRAKES person(s),acted,executed the instrument. Comm #1049008 ^� 0,`� L NOTARY PUBLIC CALIFORNIA0 ? ^ WITNESS my hand and official seal. CONTRA COSTA COUNTY 0 Ccnn Expires Sept..25 1998-A Signature ofNotary FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS76 PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE EASTERN MORTGAGE SERVICES 2819 CROW CANYON ROAD #100 SAN RAMON CA 94568 Name Street Address City,State&Zip DEED1 8/94 ksn w VENDOR No. A/c DEMAND 4� El on the Treasury of the COUNTY OF CONTRA COSTA Made By: STATE OF CALIFORNIA DATE Placer Title Company NAME (LAST) (FIRST) IMPORTANT 1981 N .Broadway #100 See Instructions on Reverse Side ADDRESS Walnut Creek, CA 94596 CITY, STATE ZIP CODE Six hundred eight and 30/100 608 . 30 For the sum of Dollars As itemized below: DATE DESCRIPTION AMOUNT Charged transfer tax of $608.30--SB141 intends to 608. 30 The undersigned under the penalty of perjury states: That the above clai a items as therein set out are true and correct; :hat no part thereof has been heretofore paid, and that the amount therein is ustly due, and that the same is presented within one ,ear after the last item thereof has accrued. Signe VENDOR NO. Received, Accepted , and Expenditure Authorized DEPAR D CHIEF D ;uM u? I NV OIC E PAT E UivipyI ON FUND/ORG. ACCOUNT E CUMORANC N0.JP/C PAYMENT AMOUNT TAXABLE AM T 7 OUN A! TI 1 Y P OP ON A C V 1 T E E - F 9. T C LE D19 COON I I 1 1 ... ..... .... ........ ... .. ........................ ......:..:.. slim.NO. INVOICE DATE _DESCRIPTION - FUND/ORE. ACCOUNT I ENCUMBRANCE NO. JP/C I PAYMENT AMOUNT I i AMOUNT TASK OPTION ACTIVITY ................. .1 TAXABLE DISCOUNT • i T I 1 - 1 .............:::::••:.::::::. ::::.:::•::..:: :::::::::...............::::::.::::.::::•::.,.....::: :......:..:......:::::.:::::::::::::..................... ,UMFUND/oneA INVOICEOA •0!t1 T 0 CCOUNT ENCUMBRANCE N0.JP/CJ f PAYMENT AMOUNT 0PTIONTAXAELE AMOUNT TASK ACTIVITY I SPEC. 11I F DISCOUNT N LE9 9 OU T I I 7 �D5 Rev I0 7) PLACER TITLE COMPANY 1981 N.Broadway,Suite 100•Walnut Creek.CA 94596•(510)946-1616 Fax(510)939-9206 November 13, 1996 Stephen L. Weir Contra Costa County Recorder 730 Las Juntas Martinez, CA 94553 RE: L&L Develoopment Co..,a California Limited Liability Company APN: 171-062-023, 171-062-055& 171-062-056 Dear Mr. Weir: I am writing on behalf of Mr. James R. Lawrence and Ms. Cynthia Lawrence. The Lawrences arc concerned that transfer tax was paid on the grant deed that transferred their property from themselves individually into their Limited Liability Company. Enclosed are copies of three grant deeds,a copy of the Limited Liability Company Articles of Organization and a copy of Senate Bill No. 141. The Lawrences purchased this property from Anthony Schools of Northern California which Deed recorded June 3, 1996, Series No. 96-104998,and transfer tax was paid in the amount of$594.00. In an attempt to correct the ownership name the Deed was re-recorded July 9, 1996, Series No. 96-127507 with the notation that this Deed is being re-recorded to correct the name of the Grantee. On September 10, 1996 another deed to further clarify the ownership recorded on the sine property from James R. Lawrence and Cynthia Lawrence to L&L Develoopment Co.,a Califonria Limited Liabiality Company. Transfer tax was required on this deed in the amount of$608.30 and was paid by Placdr Title Company at the time of recording. Please review these documents and also note on the copy of SB 141 wherein it states that existing business entities should be permitted to convert into or transfer real property to limited liability companies without incurring a documentary transfer tax. I am hereby requesting that you refund the$608.30 transfer tax which was collected on the deed recorded September 10, 1996. Please refund this amount to Placer Title Company at 1981 North Broadway, Walnut Creek, CA 94596, Attention: Donna Mahoney, Escrow No. 6151159. Sincerely, PLAITLE COMPANY Jane oos nan for D nna Mahoney scrow Officer cc: Cynthia Lawrence SEP 1 01996 RECORDING REQUESTED BY Place:TilleCompany CONTRA COSTA CO. HECUIIDEU Al HL--nut=Sl ol- AND WHEN RECORDED MAIL TI US DEED TRANSFER TA PLACER TITLE CO. AND,UNLESS OTHERWISE SHOWN BELOW, AT O'c9 LOCK M MAU,TAX STATEMENTS TO: PAID S E p U 119 "L.&L.Development Co.,a California Limited'' Liability Company CONTRA COSTA COUNTY RECORDS 2791 North Main Street STEPHEN L. WEIR Walnut Creek,CA 94596-0000 ._......_.........' 1f>;.35`�' �- COUNTY RECORDER ._ d Title Order No.6151337-DM SPACE ABOVE THIS LINE FOR RECORDER'S USE Escrow No. 6151337-DM The undersigned Grantor declares: Doeiunentary Transfer Tax: $O:HO WG.30 X COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES Moto NT REMAINING AT TIME OF SALE. UN The Undersigned Signature of Declarant or Agent determining tax. Firm Name Grant Deed FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,James R. Lawrence and Cynthia Lawrence hereby GRANT(S)to L. &L. Development Co.,a California Limited Liability Company the following described real property in the CITY Of Walnut Creek County of Contra Costa State of California: See Exhibit"A"attached hereto and made apart thereof for legal,and Exh ib it "A-1" for legal description Parcel Number: 171-062-055 and 171.062.-056 and 171-062-023 J e7Cyntl wrence NOV 21 .'96 i`05:l"r PM P.2/2 . VENDOR so_ e/r DEMAND 4•y, D ❑ on the Treasury of the r_ COUNTY OF CONTRA COSTA Made By: CV 11 e Q� ( ( � STATE OF CALIFORNIA GATE Lit NAME (LAST) (FIRST) IMPORTANT 1 �►-•{< See Instructions on Reverse Side OORE33 Lf_ CITY, STATE ZIP CODE For.the sum.of ! 1,1 n 'i'1 b`�t11-�"� 1 Qf!P� Dollars $ As itemized belowr DATE DESCRIPTION AMOUNT ` A The undersigned under the penalty of.perjury states- That the above claim and the items as therein set out are true and correct; that no pan thereof has been heretofore paid, and that the amount therein is justly due, and that the sa s presented within one, year after the last item thereof has accrued. Sign Vsnooa Mb. Received, Accepted, and Expenditure Authorize I EPAAT NTkkvo AD OR c NCUMBRASCE NO. P C A OU T ATgl / i 7�•': ;? ?? i .� AY L ( TASK OPTION Cr VITT C. ELOS. ; Dla OUNt ! }, ?' item�e�-ee<•r"<'�;> °i' i I '�:y�s'�wa<'•'§ff7,v,s �• .i 5.� �ae. �%. y. .-S •a . x7�c •,o:a': r�•�-+e: •.�KM?ur r<xaCi:�•.: lYM.No_ INVOICE'DAT[ OEACeIAT(O■ FUND/ORO. ACCOUNT tNCYMORANC[~NO, JP/CJ PAYMENT AMOUNT. i TA)fAOL[ AMOUNT tA0[ *!TION ACTIVITY DUlCOYRT ter'; <•,.. .• 4 '., •.•�. _ .. <.x: ...:. .�., :...>_.., •. ::•:o•••r.: SYN NO-. INVoic T[ DE[eNr TION FUND ONO. ^ACCOUNT CNOUMONANCE NO. P/e PATMCNT AMOUNT' I a < a < •x. SE C. tae <TA#AOLC •MOUNT TAA[ 0►TrOr weTrvlTY DISCOUNT 1 ' �. CHICAGO TITLE COMPANY 318 Diablo Road,Suite 150,Danville,Califomia 94526,Phone: (510)820-5700 - Fax: (510)820-2698 November 21, 1996 County of Contra Costa State of California To Whom It May Concern: Please be advised that Chicago Title is requesting a refund of transfer tax that was collected when a quitclaim deed was recorded in error. The error being that there was no transfer tax due. The purpose to the quitclaim deed was to cancel a land sale contract. There was no transfer tax due because title never changed hands. The grantors have always been in title and the only reason for the quitclaim deed, again, was to cancel a land sale contract. Please let me know if there is any further documentation of information I can supply you with. Sincerely, , Melinda Parra Escrow Officer LETTER 11/93 ksn RECORDING REQUPgTED BY CHICAGO TITL1 ;OMPANY _: = •f ' �--arrD wl�Ely RECORDED I�r�,IL To _ FOFFICIAL TO BE A TRUE COPY ( John Charles Reckling ENT RECORDED ON SERIES RECORDS. L_ Escrow No. 804885-DC ti- Order No. 804885- RWM SPACE ABOVE THIS UNE FOR RECORDERS USE QUITCLAIM DEED The undersigned declares that the documentary transfer taxis $419.10 and is ® computed on the full value of the interest or property conveyed,or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The undersigned declares that the city/county transfer tax is $ The land,tenements or realty is located in ❑x unincorporated area ❑ City of FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, Patrick Ekstrum and Lynne Ekstrum, husband and wife 7 } do(es), hereby REMISE, RELEASE, and forever QUITCLAIM to John Charles Reckling and Debra Lynn Reckling, husband and wife the following described real property in the City of Danville Countyof Contra Costa ,State of California: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A P HEREOF BY REFERENCE Dated September 5, 1996 STATE OF C9r4k4FARi►{iA TEXAS a COUNTY OF _ &4 S' } SS. P trick Ekstrum On before me, GyN`/«NO D. C«mak / a N�Public in and r said County and State,personally appeared Lynne s rum Mfolf/(l� CKs i�ev,M LyN,Mf- EiGSTieyNr persona y known to me or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed 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 entity upon behalf of which the ND D.CK person(s)acted,executed the instrument. o1 `i-� WAW WITNESS my hand and official seal. :� Notary Public,State dl Texas My Commission Expires �y DECEMBER 13.`1999 I ignature of Notary FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City,State&Zip ( OCDEEDI B/841sn Page 1 Escrow No. 804885 -DC LEGAL DESCRIPTION EXHIBIT UNINCORPORATED AREA PORTION OF LOTS 42 AND 43, AS SHOWN ON THE MAP OF SUBDIVISION 5438, FILED AUGUST 14, 1979, MAP BOOK 228, PAGE 11, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERN CORNER OF SAID LOT 43, THENCE FROM SAID POINT OF BEGINNING NORTH 88 DEGREES 04' 0611 EAST, 21.64 FEET; THENCE NORTH 02 DEGREES 40' 26" WEST 99.35 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 42; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOTS 42 AND 43, AS FOLLOWS: EASTERLY ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 526.00 FEET, THROUGH A CENTRAL ANGLE OF 1 DEGREE 40' 30' AN ARC DISTANCE OF 15.38 FEET AND EASTERLY ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT WITH A RADIUS OF 674.00 FEET THROUGH A CENTRAL ANGLE OF 5 DEGREES 27' 1611 AN ARC DISTANCE OF 50.07 FEET; THENCE SOUTH 08 DEGREES 07' 4211 WEST 99.96 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 43 WHICH BEARS NORTH 83 DEGREES 33' 0311 EAST, 37.95 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 83 DEGREES 33' 0311 WEST, 37.95 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: "ALL OIL, GAS, CASINGHEAD GAS, ASPHALTUM AND OTHER HYDROCARBONS, AND ALL CHEMICAL GAS, NOW OR HEREAFTER FOUND, SITUATED OR LOCATED IN ALL OR ANY PART OR PORTION OF THE LANDS HEREIN DESCRIBED LYING MORE THAN FIVE HUNDRED FEET (500' ) BELOW THE SURFACE THEREOF, TOGETHER WITH THE RIGHT TO SLANT DRILL FOR AND REMOVE ALL OR ANY OF SAID OIL, GAS, CASINGHEAD GAS, ASPHALTUM AND OTHER HYDROCARBONS AND CHEMICAL GAS LYING BELOW A DEPTH OF MORE THAN FIVE HUNDRED FEET BELOW THE SURFACE THEREOF; BUT WITHOUT ANY RIGHTS WHATSOEVER TO ENTER UPON THE SURFACE OF SAID LAND OR UPON ANY PART OF SAID LANDS WITHIN FIVE HUNDRED FEET (5001 ) VERTICAL DISTANCE BELOW THE SURFACE THEREOF, " AS RESERVED IN THE DEED FROM BLACKHAWK CORPORATION, RECORDED NOVEMBER 7, 1980, IN BOOK 10083, PAGE 692, OFFICIAL RECORDS. DEEDLEGL-03/09/93-Ira VENDOR NO. A/C DEMAND 4 a T.D LJ on the Treasury of the COUNTY OF CONTRA COSTA Made By: STATE OF CALIFORNIA DATE Robert James NAME (LAST) (FIRST) IMPORTANT 21 ADDDD Seccombe Ct. See Instructions on Reverse Side RESS Walnut Creek, CA 94596 CITY, STATE ZIP CODE 1 1 t 1 1 1 I 1 I For the sum of Seventy Sev nDollars $ 77.00 As itemized below: DATE DESCRIPTION AMOUNT 3-26-98 Sales price $150,000; all inclusive deed of trust for $135,000 h--aid—ilnderlr ying--dee"f tr-u-Qt for_ r-,-WO.—Tax-bias collerted 77.00 on $135,00 (148.50) should have been collected on equity--65,000 (148.50 - 71.50 = 77.00) The undersigned under the penalty of perjury states: That the above claim and the items as therein set out are true and correct; :hat no part thereof has been heretofore paid, and that the amount therein is justly d and that the sa i presented within one fear after the last item thereof has accrued. � Signed VENDOR NO Received, Accepted , and Expenditure Authoriz I ME EAD O C P U T Y :UM.NO INVOICE 1► I U ORS. ACCOUNT ENCUM RANO N0. P CPAYMENT AMOUNT TAXABLE LE AM UNT 0 TASK ACTIVITY Y SPEC FLi!. DISCOUNT I 1 I 1 .......:.. .:.::.t, .... .. .... :.....,, ... . ... -.. 'U14.NO. INVOICE DATE DESCRIPTION FUND/ORS. ACCOUNT ENCUMBRANCE NO. 1P/C1 PAYMENT AMOUNT TAXABLE AMOUNT MO NT TA K OPTION ACTIVITY DISCOUNT I i UM NO. INVOICE DATE DESCRIPTION FUND ORS. ACCOUNT ENCUMBRANCE NO I P/C { PAYMENT AMOUNT i A T /K OPTION ACTIVITY [SPEC. FLG9 TAXABLE MOUN DISCOUNT (D15 Rev.10/77) L RE90RDING REQUESTED BY CONTRA COSTA Co Recorder' s Office PQ A.-noncan Title Guaranty Company STEPHEN L. WEIR, County Recorder Order No EW-row No,. 859199 DOC - 9 7 — 0 0 4 9 1 7 3 — 0 0 Loan,No: WA Check Number WHEN RECORDED MAIL TO: Wednesday, MAR 26, 1997 14:19 : 00 ANT $148. 501MIC $1 . 001MOD $2. 00 STEWART GARFIELD and MARY ANN WI ELEti REC $6 . 00 ;TCF $1 . 001, 915 GLOUCESTER COURT Ttl Pd $158. 50 Nbr-0000018507 ANTIOCH, CA 94509 ima/R4/1-2 SPACE ABOVE THIS UNE FOR RECOWERS USE MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): CITY TRANSFER TAX $-0- DOCUMENTARY TRANSFER TAX$ 18 IY�'3 SAME AS ABOVE SURVEY MONUMENT FEE $ X Computed on the consideration or value of property conveyed,OR Computed on the consideration or value less lens or enaunbrances rernaininp at time of sake. APN 071-410-03.4 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, ROBERT W. JAMES and SANDRA J. JAMES, husband and wife hereby GRANT(S) to GARFIELD STEWART, an Unmarried Man and MARY ANN WISELEY, an Unmarried Woman , Joint Tenant the real property in,the City of ANTIOCH County of Contra Costa ,State of California, described as FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated March 24, 19974 STATE OF CALIFORNIA ry, �., i. }ss. 9013711T' W. JAMES / COUNTY OF %f On March 25, 1997 �I , before me, M. Luna ,personally SANDRA J. JA S �' appeared ROBERT W.JAMES and SANDRA J. JAMES personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaaty(ies),and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal LW M.�uNAOMM1087416CALOfV.SignatureA CVMprcn Em.EeD 10 2000I( GDDOC(Rev 694) Ghia area for offcW r ot&,W a") 97 49173 Order No. 859199 Customer Reference: None Page No. LEGAL DESCRIPTION REAL PROPERTY in the City of Antioch, County of Contra Costa, State of California, described as follows: Lot 33, as shown on the Map of Subdivision 4698, filed September 29, 1977, in Book 202 of Maps, at Page 49, Contra Costa County Records. EXCEPTING THEREFROM: Rights reserved in the Deed from Bank of California, National Association, recorded April 25, 1966, Book 5106, Official Records, Page 394, as follows: "All oil, gas, casinghead gas, asphaltum, and other hydrocarbons, and all chemical gas, now or hereafter found, situated or located in all or any part or portion of the lands herein described, lying more than five hundred feet(500') below the surface thereof, together with the right to slant drill for and remove all or any of said oil, gas, casinghead gas, asphaltum and other hydrocarbons and chemical gas, lying below a depth of more than five hundred feet below the surface thereof; but without any right whatsoever to enter upon the surface of said land or upon any part of said land within five hundred feet(500')vertical distance below the surface thereof." A.P.No.: 071-410-033 ♦4#! First American Title END OF DOW Zr No• 859199 I scrow�J P. Loan / � ' CONTRA COSTA Co Recorder's Office N7 STEPHEN L. WEIR, County Recorder DOC - 9 7 —0 0 4 9 1 7 4—0 0 WHEN RECORDED MAIL-TO: Check Number ROEBRT JAMES Wednesday, MAR 26, 1997 14:19:00 t 6.00�REC $14.00 2117'Soccombe Court MIC $2.001MOD $ ,REF $0,40 Walnut-'Creek, CA 94598 TCF $4.00;DAF $1. 60 :REF NCP $15.00; Hbr-0000018509 Ttl Pd $43.00 ima/R4/2-5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ALL INCLUSIVE DEED OF TRUST AND ASSIGNMENT OF RENTS This DEED OF TRUST, made March 24, 1997 between GARFIELD STEWART, an Unmarried Man and MARY ANN WISELEY, an Unmarried* herein called TRUSTOR. Woman whose address is 915 GLOUCESTER COURT. ANTIOCH, CA INumber and Streetl rcq. FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and ,ROBERT W. JAMES and SANDRA J. JAMES herein called BENEFICIARY. WITNESSETH:.That Trustor grants to Trustee in Trust,with Power of Sale, that property in the County of Contra Costa State of California,described as: ^SEE ATTACHED EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF If the trustor shall sell,convey or alienate said property,or any port thereof,or any interest therein,or shall be divested of his title or any interest therein in any manner or way,whether voluntarily or involuntarily,without the written consent of the beneficiary being first had and obtained,beneficiary shall hove the right,at its option,except as prohibited by law.to declare any indebtedness or obligations secured hereby,irrespective of the maturity date specified in any note evidencing the some,immediately due and payable. Together with the rents.issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rent%.issues and profits. For the Purpose of Securing(1)payment of the sum of s 135,000.00 with interest thereon according io the terms of a promissory note or notes of even date herewith made by Trustor,payable to order of Beneficiary,.and extensions or renewals thereof,and(2)-the performance of each agreement of Trustor incorporated by reference or contained hrein(3)Payment of additional sums and interest thereon which may hereafter be loaned to Trustor.or his successors or assigns.when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust.Trustor agrees: (1) To keep said property in good condition and repair:not to remove or demolish any building thereon:to complete or restore promptly and in good and workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor;to Imply with all laws affecting said property or requiring any alterations or improvements to be made thereon:not to commit or permit wastethereol;notto commit,sutler or permit any act upon said property in violation of law;to cultivate,irrigate.fertilize,fumigate.prune and do all other acts which from the character or use of said property may be reasonably necessary,the specific enumerations herein not excluding the general. (2) To provide,maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary.The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine.or at Option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor.Such application or release shall not cure or wave any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee.and to pay all costs and expenses,including cost of evidence of title and attorney's fees in a reasonable sum.in any such action or proceeding in which Beneficiary or Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay:at least ten days before delinquency all taxes and assessment affecting said property,including assessments on appurtenant water stock;when due,all incumbrances,charges and liens,with interest,on said property or any part thereof,which appear to be prior or superior hereto:all costs. fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided.the Beneficiary or Trustee.but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof.may:make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof.Beneficiary or Trustee being authorized to enter upon said properly for such purposes:appear In and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee:pay.purchase.contest or compromise any incumbrance,charge or lien which in the judgement of either appears to be prior or superior hereto:and,in exercising any such powers.pay necessary expenses,employ counsel and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee.with interest from date of expenditure a1 the amount allowed by law in effect at the date hereof,and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby �ssigped and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above rovtded for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date.Beneficiary does not waive his right either to require prompt payment whin due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time,without liability therefor and without notice.upon written request of Beneficiary and presentation of this peed end said note for endorsement,and without affecting the personal liability of any person for payment of the inebledness secured hereby.Trustee may: recon@y any partof said property;consent to the making of any map or plat thereof;pin in granting any easement thereon;or join in any extension agreement or any>}greement subordinating the lien or charge hereof. 1 (4)i That upon written request of beneficiary stating that all sums secured hereby have been paid.and upon surrender of this Deed and said note to r iyptee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its tees.Trustee shall reconvey. ilfiout warranty,the property then held hereunder.The recitals in such reconveyance of any matters or facts shalt be conclusive oroof of the truthfurtness (6) That upon default by Trustor in payment of any indebtedness secured hereby Orin performance of any areemenl her delare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default an7demand for sa of default and of election to cause to be sold said property,which notice Trustee shall cause to be filled for record.Beneficiary also shall d .this DeeO,said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default,and notice of sale having be then`required bylaw,Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice of sale,either as a w 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 Slates.payable at ti sale.Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale,and from time to time the, att may postpone such sale by public announcement at the time fixed by the preceding postponement.Trustee shall deliver to such purchaser its deed conveying the property so sold,but without any covenant or warranty,express 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 as hereinafter defined,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 law in effect at the date hreof;all other sums then secured hereby;and the remainder,if any,to the person or persons legally entitled thereto. (7) Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time,by instrument in writing,substitute a successor or successors to any Trustee named herein or acting hereunder,which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,without conveyance from the Trustee predecessor,succeed to all its title,estate,rights,powers and duties Said instrument must contain the name of the original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees. devises, administrators, executors, successors and assigns.The term Beneficiary shall mean the owner and holder,including pledges,of the note secured hereby,whether or not named as Beneficiary herein. In this Deed,whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed,duly executed and acknowledged,is made a public record as provided by law.Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor.Beneficiary or Trustee shall be a party unless brought by Trustee. C. This is an All-Inclusive Deed of Trust and is subject and subordinate to the Deeds of Trust now of record as follows: 1. First Trust Deed in the original amount of$ 85,000.00 recorded in Book 17412 page 199 Contra Costa County L official Records of 'tel (if a Second Trust Deed exists,complete(2)below.) 2. Second Trust Deed in the original amount of 5 recorded in Book Page— official age official Records of p- S (If a Third Trust Deed Exists,complete(3)below.) Fes, 3. Third Trust Deed in the original amount of$ recorded in Book Page... _T- official Records of D. Providing Trustor is not in default in the payment of the Promissory Note secured hereby. Beneficiary under this Deed of Trust,his heirs,dev-sees. legatees,administrators,executors,and assigns shall makedue and timely payments of all installments due on the first(Second and/or Third)Deeds of Trust securing Promissory Notes as set forth in Paragraph C above. E. Should the Beneficiary under this All-inclusive Deed of Trust default in any of the installments as to the payments due on the First(Second and/or Third) Deeds Of Trust of which this is subject and subordinate to,the Trustor herein may make said payments directly to the Beneficiary thereof,and any and all payments so made shall be credited to the Note which is secured by this Deed of Trust. F. Any failure by Beneficiary under this All-Inclusive Deed of Trust to perform as set forth above will render Beneficiary liable to pay all costs which may be incurred by reason of any notices or foreclosures filed on any of the above senior Deeds of Trust of record,which if paid by Trustor herein,shall further reduce the balance owed to Beneficiary hereunder. G. At any time Trustor has paid in full Beneficiary's equity as defined hereinbelow, and provided Trustor is not in default in the performance of any obligations hereunder,Beneficiary shall cause to be recorded a Reconveyance of this All-Inclusive Deed of Trust,mark the Promissory Note secured hereby paid in full and deliver same to Trustor.Beneficiary's equity shall be defined as the balance of accrued interest and unpaid principal owed to Beneficiary on the Promissory Note which is secured by this All-Inclusive Deed of Trust,less the then balance due on the Notes secured by the First(Second and/or Third) Deeds Of Trust referred to in Paragraph C above. H. In the event Trustor fails to meet the payments required under the Promissory Note secured hereby,then such failure shall constitute a default under this All-Inclusive Deed of Trust entitling Beneficiary to all of the rights and remedies hereunder. Further,in such event Beneficiary shall have the option of continuing to keep current the obligation owed to the holder of the Notes secured by the First(Second and/or Third)Deeds of Trust on the property secured hereby,or in the sole discretion of Beneficiary,pay off in full said obligation of said holders,or permit the property to be foreclosed upon.Any such payments,if made at the option of the Beneficiary,shall reduce the amount Beneficiary is obligated to pay to the holders of the First(Second and/or Third)Deeds of Trust, but shall not reduce the balance owed under this All-inclusive Deed of Trust securing the Promissory Note owed by Trustor to Beneficiary.Any costs incurred by the Beneficiary by way of foreclosure action taken by the First(Second and/or Third) Deeds of Trust shall, if paid or assessed to Beneficiary,be the obligation of Trustor hereunder and added to the unpaid balance due under the Note secured hereby.Remedies of Beneficiary include,but are not limited to, the commencement of foreclosure under power of sale,pursuant to Civil Code of the State of California,Sections 2924,et seq. I. Beneficiary,for himself and his successors and assigns,agrees that in the event of foreclosure of this All-Inclusive Deed of Trust he will offset his b d(as provided for in California Civil Code Section 2924 h(b))by an amount not exceeding that amount representing the total amount then due under the note secured hereby plus any advances or other disbursements which Beneficiary,and his successors or assigns,may by law be permitted to include as an offset to his bid,less the then actual total balance due upon any notes or obligations included within the note secured hereby and secured by prior deed of trust covering the real property,or any portion thereof,described therein. J. All references herein shall be properly construed with the masculine including the feminine and/or neuter with the singular including the plural or vice versa whenever the context so dictates.