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0850_001AFFORDABLE HOUSING LOAN AGREEMENT Permanent Local Housing Allocation (PLHA) First -Time Homebuyer Down Payment Assistance Program (City Program) This AFFORDABLE HOUSING LOAN AGREEMENT (this "Agreement") is made this 19t" day of December 2023, by and between Douglas Edward Railey and Carla Denine Railev, l-lusband and Wife as Community ProRerty with Right of Survivorship ("Borrower") and the CITY OF MENIFEE, a California municipal corporation ("City"). RECITALS A. Borrower has entered into an agreement (the "Purchase Agreement") to purchase a single-family residence located at 28235 Windsor Drive, Menifee, California, bearing Riverside County Assessor's Parcel Number (APN) 337-183-022, and more particularly described in Exhibit "A" attached hereto (the "Property"). The Property is being purchased for a purchase price of $342,000 ("Purchase Price"). In connection with the financing of the Purchase Price of the Property, City is making Borrower a down payment assistance loan in the amount of One Hundred Thousand Dollars ($100,000) ("City Loan") from Permanent Local Housing Allocation ("PLHA") Program Funds (as defined below) granted to the City. B. Chapter 364, Statutes of 2017 (Senate Bill (SB) 2, Atkins), as authorized by Health and Safety Code (HSC) Section 50470, established the Building Homes and Jobs Trust Fund (Fund) and the "PLHA Program" (as that term is defined below) which was designed to provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase affordable housing stock. C. The State of California (the "State") Department of Housing and Community Development ("HCD") issued a Notice of Funding Availability ("NOFA"), dated February 26, 2020, to provide approximately $195,000,000 under the PLHA Program through its Entitlement and Non -entitlement Local Government Formula Component from the Fund for assistance to local governments pursuant to HSC section 50470 et seq. and SB 2 (Chapter 364, Statutes of 2017) (the "PLHA Statutes"). D. To implement the PLHA Program, HCD adopted and issued the HCD 2019 PLHA Final Guidelines ("Guidelines" or "PLHA Guidelines"). E. City is an eligible local government for the program to administer one or more eligible activities within the City F. The PLHA Statutes, Guidelines, NOFA, and any Standard Agreement entered into for the use of PLHA funds within the City, and all applicable rules and regulations imposed by HCD on PLHA funding recipients shall collectively be referred to herein as the "PLHA Program." G. City has received an allocation of PLHA funds for use within the City in accordance with the PLHA Program. In its application to HCD for PLHA funds, the City indicated that all PLHA funds awarded to City would be allocated towards a down payment assistance program. Railey Loan Agreement H. The City has adopted a First Time Homebuyer Down Payment Assistance Program ("City Program") funded with PLHA funds. Such assistance is available to qualified first time homebuyers who meet specific income and other requirements of the City Program. I. City has agreed to provide the City Loan to Borrower pursuant to the City Program. In connection with the City Loan, Borrower is required to deliver a number of loan documents to City, including, but not limited to: a. This Agreement; b. An Agreement Containing Covenants Affecting Real Property (with Use and Occupancy Restrictions) (the "Declaration") attached hereto as Exhibit "B"; c. A Promissory Note Secured by Deed of Trust ("Note") attached hereto as Exhibit "C"; d. A Disclosure Statement (the "Disclosure") attached hereto as Exhibit "D"; e. A Deed of Trust, Assignment of Rents and Security Agreement ("City Deed of Trust") attached hereto as Exhibit "E"; and f. Supplemental escrow and title instructions of the City ("Instructions") attached hereto as Exhibit "F." Collectively, and together with all other documents delivered in connection herewith, the "City Loan Documents"). The City Loan Documents are incorporated herein by reference as though fully set forth. J. Borrower acknowledges that without the City's provision of the City Loan, Borrower would not have been able to purchase the Property on the favorable terms included in the City Loan Documents. K. Borrower qualifies for down payment assistance under the City Program, which, for purposes of this Agreement, means that Buyer is a first time homebuyer and a person or family whose annual income does not exceed the qualifying limits for "lower income households," adjusted for household size, as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and published periodically by the Department of Housing and Community Development in the California Code of Regulations, for the County of Riverside. L. The provision of the City Loan as described herein provides affordable housing within the City and complies with the objectives set forth in the PLHA Program and the City Program. PLHA Down Payment Assistance Program Loan Agreement -2- AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference and made a part hereof, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. City Loan. Upon the delivery of the City Loan Documents, duly executed and notarized, as appropriate, by all parties thereto, and satisfaction of the conditions precedent to the closing set forth in the Instructions, the close of escrow for the purchase of the Property shall occur. City shall fund the City Loan proceeds into escrow at least one (1) business day prior to the scheduled close of escrow. Upon the close of escrow, proceeds of the City Loan shall be disbursed through escrow to the seller of the Property in partial payment of the Purchase Price. Unless an "Event of Acceleration" (as that term is defined herein) occurs prior to the expiration of the "Affordability Period" (as that term is defined herein), (a) no interest shall accumulate on the City Loan, and (b) upon the expiration of the Affordability Period, the Note shall be cancelled and the Note Amount shall be deemed satisfied. If an Event of Acceleration occurs prior to the expiration of the Affordability Period, interest shall accrue on the Note Amount at the rate of the lesser of seven percent (7%) per annum or the maximum rate permitted by applicable law (the "Default Rate"), compounded annually. The City Deed of Trust, which shall secure the Note, shall be recorded as a second priority lien against the Property. For purposes hereof, "Affordability Period" means the period commencing upon the date of recordation of the Declaration in the Official Records of Riverside County and ending on the thirtieth (30t") anniversary thereof. 2. Property Transfer Restrictions. The Property is subject to transfer restrictions during the Affordability Period as set forth in the Declaration. a. Borrower shall not "Transfer" (as defined in the Declaration) or permit the Transfer of the Property during the Affordability Period unless the Transfer is a "Permitted Transfer" (as defined in the Declaration) or approved by City in accordance with the Declaration. b. A Transfer that does not constitute a Permitted Transfer or is not approved in writing by City (a "Prohibited Transfer") is expressly prohibited by this Agreement and shall constitute an event of acceleration under the City Loan Documents, entitling City to demand immediate payment in full of outstanding amounts under the City Loan, as well as any available remedies available at law or equity. 3. Event of Acceleration. The City Loan shall become due and immediately payable irrespective of any provisions herein to the contrary upon the occurrence of any one of the following events of acceleration during the Affordability Period (each, an "Event of Acceleration"): (i) Prohibited Transfer of the Property (as defined in Section 2 above), except a Prohibited Transfer which under applicable law, would not, by itself, permit City to exercise a due on sale or due on encumbrance clause, or (ii) such time if or when Borrower (or upon Borrower's Transfer of the Property pursuant to a Permitted Transfer, Borrower's transferee) is no longer in compliance with the occupancy requirements set forth in this Agreement and the Declaration or is in default of any other obligation under this Agreement, the Note, the Declaration, or the City Deed PLHA Down Payment Assistance Program Loan Agreement -3- of Trust. The City Manager may, in his or her sole and absolute discretion, waive some or all of the requirements of this Section. 4. Provision of Tax Records. Borrower acknowledges that in the event City is audited, City may be required to submit the financial information, including tax records, of Borrower that were utilized by City to determine Borrower's eligibility under the City Program. In the event the City is unable to provide such information to the individual or entity performing the audit of the City's activities, Borrower agrees to provide such information to City, for the sole purpose of satisfying the audit. Upon completion of the audit, City shall, if legally able, return all such information to Borrower. Borrower shall maintain all such financial information for a period of seven (7) years from the date hereof. 5. Maintenance of Property. Borrower shall maintain the improvements and landscaping on the Property in a manner consistent with community standards which will uphold the value of the Property, in accordance with the Menifee Municipal Code. Borrower also agrees to comply with the City Loan Documents, and all applicable federal, state and local laws and regulations. 6. Occupancy Standards and Requirements. a. The Property shall be used as the principal residence of Borrower during the Affordability Period and for no other purpose. b. Borrower shall not enter into an agreement for the rental or lease of the Property, or any portion thereof, or permit the rental or lease of the Property, or any portion thereof, during the Affordability Period. C. Occupancy of the Property shall not exceed the maximum occupancy allowed by applicable law. d. Borrower shall, upon demand by City, submit to City an affidavit of occupancy verifying Borrower's compliance with this Section. Said affidavit may be required by City on an annual basis. e. Provided that Borrower obtains a similar exemption to any other applicable restrictions on the occupancy and use of the Property, City may grant a temporary written waiver of the above requirements for good cause, in City's sole and absolute discretion. 7. Representations and Warranties. a. Income and Asset Information. Borrower has submitted an application and additional information verifying income and asset eligibility to City prior to execution of this Agreement. Borrower represents, warrants and declares under penalty of perjury to City that all information Borrower has provided and will provide in the future to City is and will be true, correct and complete. Borrower acknowledges that City is relying upon Borrower's representations that Borrower meets the requirements of the City Program, and City would not have entered into this Agreement if Borrower did not so qualify. b. Program Requirements: Advice of Counsel. Borrower represents and warrants to City that Borrower has read and understands the terms and provisions of this PLHA Down Payment Assistance Program Loan Agreement -4- Agreement, the covenants, conditions, and restrictions set forth in the Declaration, and the terms and conditions of the City Loan Documents; and (ii) that Borrower has obtained the advice of independent legal counsel with respect to the terms of the City Program, this Agreement and the City Loan Documents, or has knowingly and voluntarily waived the right to consult with legal counsel of his/her choosing. C. Principal Residence. Borrower represents and warrants to City that Borrower shall reside in the Property as Borrower's principal residence at all times throughout the term of this Agreement. 8. Purchase Price Financing. Borrower has obtained a conventional, thirty (30) year, fully amortizing purchase money mortgage with a fixed rate of interest and fixed payments of principal and interest for the purchase of the Property. The deed of trust securing such mortgage shall be recorded in a first lien position against the Property. Nothing in this Agreement shall be construed as a promise or guaranty by City that the Borrower will qualify for or receive third party financing. 9. Escrow Instructions; Order of Recordation; Request for Notice. Prior to the close of escrow for the purchase of the Property, Borrower agrees to obtain escrow instructions from the lender of the first lien mortgage, which such instructions may include the order of recording for the documents required to be recorded in connection with the financing for the purchase of the Property by Borrower, as reasonably approved by City. City shall be permitted to submit its own Instructions to title and Escrow, designating the order for the documents required to be recorded in connection with the financing for the purchase of the Property as agreed to by Borrower. Borrower shall cause a Request for Notice of Default to be recorded against the Property subsequent to the Close of Escrow requesting a statutory notice of default as set forth in the California Civil Code Section 2924(b). Such notice shall be sent to: City of Menifee, 29844 Haun Road, Menifee, CA 92586, Attn: City Manager. 10. Indemnification. Borrower shall defend, indemnify and hold harmless City and City's officers, officials, agents, members, employees, and representatives from and against any losses, liabilities, claims, or judgments relating in any manner to the Property, the City Loan, the City Loan Documents or this Agreement. Borrower shall remain fully obligated for the payment of taxes, liens and assessments related to the Property. 11. Insurance. Borrower shall maintain, during the term of this Agreement, an all-risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall name City as loss payee and shall contain a statement of obligation on behalf of the carrier to notify City of any material change, cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Borrower shall transmit a copy of the certificate of insurance and loss payee endorsement to City prior to the close of escrow, with an original to follow within thirty (30) days after the effective date of this Agreement, and Borrower shall annually transmit to City a copy of the certificate of insurance and a loss payee endorsement, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance and loss payee endorsement shall be transmitted to City as follows: PLHA Down Payment Assistance Program Loan Agreement -5- City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: City Manager Any certificate of insurance must be in a form, content, and with companies, reasonably approved by City. 12. Defaults. Failure or delay by either party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of notice from the other party constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice (or such longer period as described in the immediately preceding paragraph). Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Borrower's failure to perform, or violation of, any term or provision contained in any of the City Loan Documents within the time prescribed in the applicable document shall constitute a default hereunder which shall immediately give rise to City's right to seek any remedies available under applicable law. 13. Distribution of Insurance and Condemnation Proceeds. In the event the improvements on the Property are destroyed and insurance proceeds are distributed to Borrower instead of being used to rebuild, or in the event of condemnation, if proceeds thereof are distributed to Borrower, such proceeds (the "Proceeds") shall be paid and distributed as follows: (i) first, to the holder of the first lien priority note, to pay the remaining balance owed thereon, (ii) second, to the extent Proceeds remain, to the holder of the City Note, to pay the remaining balance owed thereon, and (iii) all remaining Proceeds shall be distributed to Borrower. 14. Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 15. Covenants to Run with the Land. All conditions, covenants, and restrictions contained in this Agreement shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by, the City and its respective successors and assigns, against Borrower, its successors and assigns, to or of the Property or any portion thereof or any interest therein, and any party in possession or occupancy of said Property or portion thereof. PLHA Down Payment Assistance Program Loan Agreement -6- In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that City shall be deemed a beneficiary of the agreements and covenants provided hereinabove both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of City and such covenants shall run in favor of City for the entire period during which such covenants shall be in force and effect, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. City shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any action at law or suit in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant. 16. Non -Waiver. Failure to exercise any right City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 17. Recordation; Other Documents. Borrower agrees and acknowledges that certain of the City Loan Documents shall be recorded against the Property with the County Recorder of the County of Riverside and shall appear of record with respect to and as an encumbrance on the Property. 18. Further Assurances. Borrower shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as City shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement. 19. Governing Law. Borrower hereby agrees to comply with all ordinances, rules and regulations of the City. Nothing in this Agreement is intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule or regulation. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the District of California in which Riverside County is located. 20. Amendment to Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Borrower and City. 21. City May Assign. City may, at its option and without obtaining the consent of the Borrower, assign this Agreement and/or any or all of the City Loan Documents. 22. Borrower Assignment Prohibited. In no event shall Borrower assign or transfer any portion of the Property, the City Loan, this Agreement or any of the other City Loan Documents or agreements referred to herein without the prior express written consent of City. Any such assignment or transfer without the prior express written consent of City shall be null and void. 23. Relationship of Borrower and City. The relationship of Borrower and City pursuant to this Agreement is that of debtor and creditor and shall not be or be construed to be a joint venture, equity venture, partnership, or other relationship. 24. Notices. Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered, delivered by reputable same -day or overnight courier that provides a receipt with the date and time of delivery, or deposited with the United States Postal PLHA Down Payment Assistance Piogram Loan Agreement -7- Service for mailing, postage prepaid, registered or certified mail, return receipt requested to the following address: To Borrower: Douglas Edward Railey and Carla Denine Railey 28235 Windsor Drive Menifee, CA 92586 To City: City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: City Manager Either party may change its address for notice by giving written notice thereof to the other party. 25. Attorneys' Fees and Costs. In the event that any action is instituted to enforce payment or performance under this Agreement, the parties agree the non -prevailing party shall be responsible for and shall pay all costs, including expert witness fees, and all attorneys' fees incurred by such prevailing party in enforcing this Agreement. 26. Nondiscrimination. Borrower covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person, or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, nor shall Borrower, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property, or any part thereof. The foregoing covenants shall run with the land. Notwithstanding that any rental, sale or lease of the Property is restricted by the City Loan Documents, Borrower agrees for itself and any successor in interest that Borrower shall refrain from restricting the rental, sale, or lease of any portion of the Property, or contracts relating to the Property, on the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: i) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, PLHA Down Payment Assistance Program Loan Agreement -8- location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." ii) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." iii) In contracts: "There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City, its successors and assigns, against Borrower and any successor in interest to the Property, together with any property acquired by the Borrower pursuant to this Agreement, or any part thereof. The covenants against discrimination shall remain in effect in perpetuity. Notwithstanding the foregoing, the Borrower acknowledges and agrees that during the Affordability Period, Borrower shall occupy the Property as Borrower's principal residence and shall not rent or lease the Property. 27. Entire Agreement. This Agreement, together with all attachments hereto, constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between City and Borrower concerning all or any part of the subject matter of this Agreement. 28. Authority. Each signatory hereto warrants to the other party that it has authority to sign on behalf of the party for whom it purports to sign. 29. Joint and Several Liability. Where Borrower consists of more than one person, each constituent person shall be jointly and severally liable for all amounts due hereunder and all covenants, conditions, representations, warranties and other obligations of Borrower under this PLHA Down Payment Assistance Program Loan Agreement -9- Agreement; and any act or failure to act by any of those persons individually shall constitute an act of Borrower hereunder. 30. Non -Liability of Officers and Employees. No officer, official, member, employee, agent, or representative of City shall be personally liable to Borrower, or any successor or assign of same, in the event of any default or breach by City, or for any amount which may become due to Borrower, or any successor or assign of same, or for breach of any obligation of the terms of this Agreement. 31. Time of Essence. Time is of the essence of every portion of this Agreement in which time is a material part. 32. Interpretation; Severability. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party hereto by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only and shall not be construed to limit or extend the meaning of this Agreement. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. 33. Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties with respect to the subject matter hereof, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 34. Counterparts. This Agreement may be executed in counterparts, each of which, when this Agreement has been signed by each of the parties hereto, shall be deemed to be an original. [Signatures on next page] PLHA Down Payment Assistance Program Loan Agreement -10- IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. "City„ CITY OF MENIFEE, a California municipal corporation By: t Date: .2023 APPROVED AS TO FORM: RUTAN & TUCKER, LLP: ity Railey Loan Agieement Melching rney "Borrower" Print Name: Douglas Edward Railey Date: .2023 "Borrower" Print Name: Carla Denine Railey Date: .2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of S J} On ,keYl/I,2-112) 2�L- before me, 0(, i[ Dejy\j VG PWIL Date h� Here Insert Name and Title of the Officer personally appeared �/ � Y-)(Myw Name(s) of Signer(s) who 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 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 person(s) acted, executed the instrument. RACHEL DENISE VALENCIA Notary Public - California Riverside County ° Commission p 2454218 My Comm. Expires Jul21, 2027 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. D Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELI: LOT 14 AND AN UNDIVIDED 1 /3'D INTEREST IN AND TO LOT 13 OF TRACT NO. 3453, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 56, PAGES 10 AND I 1 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS IN, OVER AND ACROSS LOT 13 TO BE USED IN COMMON WITH THE OWNERS OF LOTS 14, 15, AND 16 IN TRACT NO. 3453, AS SHOWN BY MAP ON FILE IN BOOK 56, PAGES 10 AND 11 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES, AS PREVIOUSLY RESERVED. ASSESSOR'S PARCEL NUMBER: 337-183-022 Railey Loan Agieement EXHIBIT "A" EXHIBIT "B" DECLARATION Railey Loan Agreement EXHIBIT "B" EXHIBIT "C" NOTE Railey Loan Agreement EXHIBIT "C" EXHIBIT "D" DISCLOSURE Railey Loan Agreement EXHIBIT "D" EXHIBIT "E" CITY DEED OF TRUST Railey Loan Agreement EXHIBIT "E" EXHIBIT "F" INSTRUCTIONS Railey Loan Agreement EXHIBIT "F"