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09/04/2009 11: 5.6 209-95062 CBS.] • PAGE 02
<br /> U,
<br /> RECORDATION REQUESTED BY: fs 2101a3.-23363
<br /> Community Bank of San Joequln 11/14/2003 09;23A Fse:
<br /> Recorded lAs.00
<br /> 22 West Yokuts Avenue Page I of 13
<br /> Stockton,CA 95207 ded n offleial Records
<br /> Y of San Jooquln
<br /> WHEN RECORDED MAIL TD; GARY N, FREEMAN
<br /> II alda6 r`Recolydv-C1oulnit IClerk
<br /> CommonBank 01 San Jooquln I Illlli IIIIII IIIIII I�IIIII IIII�I�i VIII III III�I II���II�
<br /> 22 West Yokuls Avenue
<br /> Stockton,CA 9,5.29�r7
<br /> FOR PtCORDER'S USE ONLY
<br /> DEED OF,TRUST
<br /> THIS DEED OF TRUST Is dated November 12, 2003, among Wizard Properties, LLC ("Trustor"); Community
<br /> Bank of San Joaquin, whose address Is 22 West Yokuts Avenue, Stockton, CA 95207 (referred to below
<br /> sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company, whose
<br /> address is $01 W. Weber Ave., Suite 300, Stockton, CA 95203 (referred to below as 'Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration,Trustor Irrevocably grants,transfers and assigns to Trustee In trust,with power
<br /> Of Asia,for the benefit of Lender as Beneficiary,all of Trustor's right,title,and Interest in and to the following described real property,together
<br /> with all existing or subsequently erected or alAxed buildings,Improvements and Ifxtures; all easements, rights of way, and appurtenances; all
<br /> water,water rights and ditch rights(Including stock In u1llltlas with ditch or Inigalipn rights);and all other rights,royalties,endokapis retaking to the
<br /> met property,Including without limitation all minerals, oil,gas,gootharmai and similar matters,(the "Real Property") located In San
<br /> Joaquin County, State of California:
<br /> See Exhibit A, which Is attached to this Deed of Trust and made a part of this Deed of Trust as If fully
<br /> set forth herein.
<br /> The Real Property or Its address is commonly known as 1943 E. Fremont Street and 1`50 & 1931 E. oak
<br /> Street, Stockton, CA, The Assessor's Parcel Number for the Reel Property Is 141-090-19, 141-100-26,
<br /> 141-090-08,141-090-34 . 1
<br /> Trustor presently assigns to Lender(also known as Denenclary In this Dead of Trust)all of Tr Ior's sight,tllle,and interest In and to all present
<br /> and future leases of the Property and all Rents from the Property. This Is an absolute assignment of Ramis made in connection with an obligation
<br /> secured by real property pursuanl to California CMI Code Section 2938. In addition,TrbalaT grants to Lander a Uniform Commercial Code
<br /> security Interest In the Personal Property and Rents.
<br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br /> PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDESTEONESS AND (13) PERFORMANCE OF ANY AND ALL ORLIGATIONS
<br /> OF THE TRUSTOR UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
<br /> ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise proVdad In this Beed of Trust,Trustor,shell pay Io Lander all arriounis secured by this
<br /> Dead of Trust as they become due,and shall shiclly and In a frailly manner padorm all of Truslor's obligations under the Note,this Deed of Trust,
<br /> And the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Truslar's possession and use of the Property shall be governed
<br /> by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default uslor may (1) remain In puss rsslon and control of the Property; (2)
<br /> use,operate Or menage the Property;and (3) collect the Rants from the Property.
<br /> Duty 10 Maintain. Trustor shall maintain the Property In tenantable cpndillon and promptly perform all repairs, repleCemonts, and
<br /> maintenance necessary to preserve Its value.
<br /> Compliance with Environmental Laws. Truslor ropmsontA and welrants to Lender 1hel: (1) During the period of Trustor's ownership of
<br /> the Property,Ihere has been no use,ganarallan, manufacture,siareg'e,healmonl,disposal,release or threatened release of any Hazardous
<br /> ,Substance by any parson on,under,about or from the Property; (2) hrustor has no knowledge of,or reason to ballave that there has bean,
<br /> except es previously disclosed to and acknowledged by Lander In writing, (a) any breach or violation al any Environmental Laws, (b) any
<br /> use,generation,manufecturo,storage,treatment,disposal, release oO. threalened release of Any HaMdduS.Substance on, under,about or
<br /> Irom the Property by any odor owners or occupants of the Property,ppr (c) any actual a threatened litigation or claims of any kind by Any
<br /> person raleling to such matters;and (3) Except as previously disoledact to end acknowledged by tender In writing, (a) neither Trustor nor
<br /> snytenant contractor,agent or'other suthorlmd user al the Property 6hall use,gonerela,manufacture,store,treat,dispose of or release any
<br /> Hazardous Substance on,under,about or from the Property;and (b)I any such activity shall be conducted In compliance wllh an applicable
<br /> federal,skate,and local laws,regulations and ordinances,Including without initiation all Environmental Laws. Truslor authorizes Lander and
<br /> its a Ns !o enter a on the Pro a Io make such lru ee�lions And tesLS`Trustor's expense, as Londar may-doam appropriate to
<br /> e armfna comp ante o a rope w 4 section M the Dead of Trust Any Inspacllans or testi made by lander shag ba Idr tender's
<br /> purpmns only and shall not be construed to create any responsibility pr liability on the part of Lander to Truslor or to any other person. The
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