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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />LAW OFFICES OF <br />WariD. Poniatowski <br />ROFESSIONAL CORPORATION <br />2811 CASTRO VALLEY BLVD. <br />SUITE 208 <br />E <br />E <br />Hundred Sixty Two and 58/100 Dollars ($781,962.58) as of November 10, 2006 plus attorney's <br />fees, costs and interest. To avoid the uncertainty and expense of litigation, the parties entered <br />into a Stipulation For Entry Of Judgment filed December 8, 2006 (the "Stipulation"). The <br />Stipulation was approved by the Court and an Order Upon Stipulation For Entry Of Judgment <br />Against Richard L. Evans and was entered and filed on December 12, 2006 (the "Order Upon <br />Stipulation). <br />2.2 Defendant defaulted under the Stipulation by failing to make payments as required <br />thereunder and Plaintiff exercised its rights and remedies under the Deed of Trust described in <br />the Stipulation executed by Defendant and Kimberly D. Evans as trustors in favor of Plaintiff as <br />beneficiary recorded in the Official Records of San Joaquin County as Document No. 2006- <br />254482 (the "Deed of Trust"). On August 31, 2007 a Trustee's Deed Upon Sale was executed <br />by Enoch Enterprises, Inc., a California corporation as Trustee under the Deed of Trust to <br />Plaintiff as Grantee and foreclosing beneficiary (the "Trustees Deed"), on that certain real <br />property subject to the Deed of Trust commonly known as 22865 South Henry Road, Escalon, <br />CA, APN# 249-060-10 (the "Henry Road Property"). The Trustees Deed was recorded in the <br />official records of San Joaquin as Document No. 2007-155515. <br />2.3 Subsequent to the recordation of the Trustees Deed Plaintiff was notified by the San <br />Joaquin County Public Health Services Environmental Health Division ( "County") that the <br />Henry Road Property is a certified Closed, Illegal or Abandoned (CIA) Site, pursuant to yearly <br />inspections under California Code of Regulations Title 27, Section 21090 (Article 2), known as <br />the Snyder Dump Site, Site Number 39 -CR -0031 ("Illegal Site"), subject to Notice and Order <br />2004-04 (the "Cleanup Order"). Plaintiff contends that Defendant had notice of the Cleanup <br />Order prior to execution of the Deed of Trust, and that Plaintiff had no notice of the Cleanup <br />Order, and further, that if Plaintiff had been given notice of the Cleanup Order that Plaintiff <br />would not have accepted the Deed of Trust offered by Defendant and would not have accepted <br />the Trustees Deed. <br />2.4 By this Amended Stipulation, Plaintiff desires to have the Trustee reconvey the Deed <br />of Trust and rescind the Trustees Deed to restore the status quo before the execution and <br />:AMENDED AND RESTATED STIPULATION FOR ENTRY OF JUDGMENT AGAINST Page -2- <br />