FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

09/04/2009 12:10 209-9552 CBSJ • PAGE 03 �r(a z Stockton (without any buildings). The property is generally north of Fremont Street an west f Wilson Way, with frontage along East Fremont Street at the northwest corner of the intersection with Wizard Avenue. Some of which has commou address designations: 1943 E Fremont Street (APN 141-090-08), 1850 Oak Street (APN 141-090-19), and 1931 Oak Street (APN 1.41-100- 26). The remainder of the property has no street address,but is designated by APN's 141-090-34 and-35. It also appears to have an access easement from Fremont Street across an adjacent parcel (AFN 141-090-17). All of said described property is collectively referred to in this Forbearance Agreement as the "Wizard Property." Jn connection with said loan transaction (the "Wizard Loan"), referred to in LENDER's records as Loan 9 10055409, BORROWER executed and delivered to LENDER various loan documents (collective the "Wizard Loan Documents") including, without limitation,the following: (1) A Promissory Note (the "Wizard Note's dated November 12, 2003, in the original principal amount of Five Hundred Sixty-Two Thousand Five Hundred Dollars ($562,500.00). (A true and correct copy of the Wizard Note is attached as Exhibit A to this Forbearance Agreement, and incorporated by reference.) (2) A Deed of Trust (the "Wizard Trust Deed') also dated November 12, 2003 and recorded on November 14, 2003, as Instrument Number 2003-263363 in the Official Records of the San Joaquin County Recorder. (A true and. correct copy of the Wizard Trust Deed is attached as Exhibit B to this Forbearance Agreement and incorporated by this reference.) By the Wizard Trust Deed BORROWER encumbered the Wizard Property described in Exhibit B as security for repayment of the Wizard Note. B. On or about July 3, 2006, the Parties agreed in writing to amend and restate the Wizard Note. A copy of this writing(the Wizard Restated Note")is attached as Exhibit C to this Forbearance Agreement, and incorporated by reference, C. On or about July 25, 2007, the Parties agreed in writing to modify the Wizard Restated Note to extend the maturity date to August 15, 2008, by executing a Change in Terms Agreement(the"Change in Terms'), a true and correct copy of which is attached as Exhibit D to this Forbearance Agreement, and incorporated by reference. D. On or about July 25, 2007, BORROWER obtained a line-of-credit loan from LENDER in the amount of One Hundred Thousand Dollars ($100,000.00). In connection with said loan transaction (the "Wizard LOC Loan"), referred to in LENDER's records as Loan 910121903, BORROWER executed and delivered to LENDER various loan documents (collective the"LOC Loan Documents')including,without limitation,the following: (1) A Promissory Note (the "LOC Note's dated July 25, 2007, in the above stated original principal amount. (A true and correct copy of the LOC Note is attached as Exhibit E to this Forbearance Agreement, and incorporated by reference.) (2) A Second Deed of Trust (the "LDC Trust Deed') also dated July 25, 2007 and recorded on August 9, 2007, as Instrument Number 2007-143302 in the Official Records of the Sart Joaquin County Recorder. (A true and correct copy of the LOC Trust Page 2 of 23