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<br /> AS5ESS0}2 RECORDER
<br /> RECORDATION REQUESTED BY: COUNTY CLERK
<br /> Bank of Oakland
<br /> GARY W, FREFMAN
<br /> 360 14th Street
<br /> Oakland,CA 94612 261 NOV 14 AM 8t 00
<br /> WHEN RECORDED MAIL TO: SAN 10AQUIN COUNTY
<br /> _ Bank of Oakland _
<br /> 3460 th Street Chi
<br /> Oakland,CA 94612
<br /> I
<br /> SEND TAX NOTICES TO:
<br /> Juan O.Morga and Nadine T.Morga
<br /> 1145 S.Aurora Street
<br /> Stockton,CA 95206 SPACE ABOVE THIS LINE.IS FOR RECORDER'S USE ONLY
<br /> CONSTRUCTION TRUST DEED
<br /> THIS DEED OF TRUST IS,DATED NOVEMBER 5, 2001, among Juan O. Morga and Nadine T. Morga, husband
<br /> and wife, as Joint Tenants, whose address Is 1145 S. Aurora Street, Stockton, CA 95206 (referred to below
<br /> 94612 (referred to below
<br /> as "Trustor"); Bank of Oakland, whose address is 360 14th Street, Oakland, CA
<br /> sometimes as "Lender" and sometimes as "Beneficiary"); and Chicago Title Company, whose address is
<br /> 4612 McGaw Street, Stockton, CA 95207 (referred to below as "Trustee").
<br /> enericlary,all of Trustors right,title,and Interest In and to the following described real property, gCONVEYANCE AND GRANT. For valuable consideration,Trustor Irrevocably grants,transfers and assigns to Trustee In trust,with powher
<br /> er
<br /> w of sale,for the benefit of Lender as Bsaments,rights
<br /> J exisfing or
<br /> d0ch�ghisn(Including stocerected or k ns utilitieswithimprovements
<br /> or Irrigtationdrights);a d fixtures;all ell other rights,royalties,and pa of s relating sto thereal
<br /> property,Including without limitation all minerals, oil,gas, geothermal and similar matters, located In San'J08g111tY'000 County, State of
<br /> California (the "Real Property"):
<br /> LOTS 8, 10 AND 12 IN BLOCK 91 SOUTH OF MORMAN CHANNEL IN THE CITY OF STOCKTON,
<br /> ACCORDING TO THE OFFICIAL MAP OR PLAT THEREOF
<br /> The Real Property or Its address is commonly known as 1145 S. Aurora Street, Stockton, CA 95206. The
<br /> Assessors Parcel Number for the Real Property Is 147-380-30.
<br /> Trustor presently assigns to'Lender(also known as Beneficlary in this Deed of Trust)all of Trustors fight,Illle,and Interest in and Ic all present and
<br /> future leases of the Property and all Rents from the Property. This is an absolute assignment of Rents made In connection with an obligation
<br /> secured by real property pursuant to California Civil Code Secllon 2938. In addition,Trustor grants Lender a Uniform Commercial Code security
<br /> Interest In the Rents and the Personal Property defined below.
<br /> DEFINITIONS. The following words shall have the following meanings when used In this Deed of Trust. Terms not otherwise defined In this Deed
<br /> of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts In
<br /> lawful money of the United Stales of America.
<br /> Beneficiary. The word"Beneficiary'means Bank of Oakland,its successors and assigns. Bank of Oakland also is referred to as"Lender'in
<br /> this Deed of Trust.
<br /> Deed of Trust. The words"Deed of Trust" mean this Deed of Trust among Trustor, Lender,and Trustee,and Includes without limitation all
<br /> assignment and security Interest provisions relating to the Personal Property and Rents.
<br /> Guarantor. The word "Guarantor" means and Includes without limitation any and all guarantors, sureties, and accommodation parties In
<br /> connection with the Indebtedness.
<br /> Improvements. The wad"Improvements"means and Includes without limitation all existing and future Improvements,buildings, structures,
<br /> mobile homes affixed on the Real Property,facilities,addlllons,replacements and other construction on the Real Property.
<br /> Indebtedness. The word"Indebledness"means all principal and Interest payable under the Note and any amounts expended or advanced
<br /> by Lender to discharge obligations of Trustor or expenses Incurred by Trustee or Lender to enforce obligations of Trustor under this Deed of
<br /> Trust,together with Interest on such amounts as provided In this Deed of Trust.
<br /> Lender. The word"Lender"means Bank of Oakland,its successors and assigns.
<br /> Note. The word "Note" means the Note dated November 5, 2001, in the principal amount of $425,000.00 from Trustor to
<br /> Lender, together with all renewals, extensions, modifications, refinancings, and substitutions for the Note. NOTICE TO TRUSTOR: THE
<br /> NOTE CONTAINS A VARIABLE INTEREST RATE.
<br /> Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter
<br /> owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, pans, and additions to, all
<br /> replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance
<br /> proceeds and refunds of premiums)from any sale or other dispositlon of the Propeny. The words"Personal Property"also Include all tangible
<br /> l and Intangible Items obtained or owned by,or In the possession of Trustor that are directly or Indirectly related to the acquisition,development,
<br /> design,construction, permitting, marketing, or habitation of the Real Property or the Improvements to be constructed on the Real Property,
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