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09/04/2009 12:10 209-95*2 CBS.7 PAGE 02 <br /> FORBEARANCE AND RELEASE AGREEMENT & <br /> AGREEMENT FOR DEED IN LIEU OF FORECLOSURE <br /> DATED: As of October 24,2008 <br /> PARTIES! (1) COIvIMITNITY BANK OF SAN JOAQUIN, a California <br /> corporation("LENDER'); <br /> (2) WIZARD PROPERTIES, LLC, a California limited liability <br /> company("BORROWER"); <br /> (3) CYNTHIA LYNN MATTEUCCI, as Trustee of the Cynthia L. <br /> Matteucci Revocable Trust("CLM-TRUSTEE'; <br /> (4) CYNTHIA LYNN MATTEUCCI,in her individual capacity <br /> ("MATTEUCCI"); <br /> (5) M.RANDALL HOWARD,as Trustee of the M. Randall Howard <br /> Revocable Trust ("MRH-TRUSTER"); <br /> (6) M.RANDALL HOWARD, an individual'("HOWARD"): <br /> (7) DENNIS ALLEN, as Trustee of the Dennis Allen Declaration of <br /> Trust ("DA-TRUSTEE'): <br /> (8) DENNIS ALLEN, an individual ("ALLEN"). <br /> This Forbearance and Release Agreement and Agreement for Deed in Lieu of Foreclosure (the <br /> "Forbearance Agreement")is made by the above-described parties, effective as of the above date, <br /> with reference to the recitals set forth below. CLM-TRUSTEE,. MATTEUCCI, MRH- <br /> TRUSTEE, HOWARD, DA-TRUSTEE, and ALLEN (collectively referred to herein as <br /> "GUARANTORS") are each guarantors of the obligations of BORROWER to LENDER, which <br /> are the subject of this ,Forbearance Agreement. BORROWER and GUARANTORS are <br /> sometimes collectively referred to as "OBLIGORS." LENDER, BORROWER and <br /> GUARANTORS are sometimes collectively referred to as the "Parties" to this Forbearance <br /> Agreement. <br /> RECITALS <br /> A. On or about November 12, 2003, BORROWER obtained a loan from LENDER to <br /> finance the purchase of approximately 7.3 acres of commercial real property in east-central <br /> Page 1 of 23 <br />