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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 />Mari D. Poniatowsii <br />'ROFESSIONAL CORPORATION <br />2811 CASTRO VALLEY BLVD. <br />SUITE 208 <br />recordation of the Deed of Trust and the Trustees Deed, and Defendant desires to have Plaintiff <br />waive Defendants default under the Stipulation and agree to revise the repayment terms under <br />the Stipulation. In connection therewith, Defendant agrees to be restored to the holder of legal <br />title to the Henry Road Property and to reaffirm his obligation to Plaintiff as an unsecured <br />obligation to be paid pursuant to the terms of this Amended Stipulation. <br />2.5 Plaintiff and Defendant agree that grounds exist for Plaintiff to rescind the terms of <br />the Stipulation relating to the Deed of Trust and for rescission of the Trustees Deed pursuant to <br />Civil Code Sections 1689 and 1691, and that grounds exist for Plaintiff to record a Notice of <br />Nonacceptance of Recorded Deed pursuant to Civil Code Section 1058.5(a), and for the Trustee <br />to record a Notice of Rescission of Trustees Deed pursuant to Civil Code Section 1058.5(b), all <br />of which shall have the effect of restoring the condition of title to the Henry Road Property to the <br />status quo before recordation of the Trustees Deed. <br />2.6 Plaintiff and Defendant further agree that the Trustee's reconveyance of the Deed of <br />Trust shall have the legal effect of a mutual rescission of the Deed of Trust, but shall not <br />extinguish Defendant's obligation to pay Plaintiff pursuant to the terms and conditions of this <br />Amended Stipulation, which such obligation is hereby reaffirmed by Defendant as an unsecured <br />obligation due Plaintiff payable pursuant to the terms and conditions of this Amended <br />Stipulation. <br />2.7 The parties agree that the facts recited in this Section 2 are true and correct. <br />2.8 WHEREFORE, in consideration of the mutual covenants and conditions contained <br />herein, the parties hereto agree as follows. <br />3. RESCISSION OF TRUSTEES DEED. <br />3.1 Plaintiff shall cause the Trustee to execute and record a Notice Of Rescission Of <br />Trustee's Deed pursuant to Civil Code Section 1058.5 (b) (the "Notice of Rescission"). The <br />Notice of Rescission shall be recorded in the Official Records of San Joaquin County and shall <br />have the effect of invalidating the Trustees Deed and restoring the condition of record title to the <br />Henry Road Property and the existence and priority of all lienholders to the status quo prior to <br />the recordation of the Trustees Deed. In the event that the Trustee is unable or unwilling to <br />AMENDED AND RESTATED STIPULATION FOR ENTRY OF JUDGMENT AGAINST Page -3- <br />