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li <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 />Mark D. Poniatowski <br />PROFESSIONAL CORPORA71ON <br />2811 CASTRO VALLEY BLVD. <br />SUITE 208 <br />execute and record the Notice of Rescission, then Plaintiff may record the Notice of Rescission <br />as the beneficiary who caused the Trustees Deed to be recorded. <br />3.2 Plaintiff shall execute and record a Notice of Nonacceptance of Recorded Deed <br />pursuant to Civil Code Section 1058 (a) (the "Notice of Nonacceptance"). The Notice of <br />Nonacceptance shall be recorded in the Official Records of San Joaquin County and shall have <br />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 />I the recordation of the Trustees Deed. <br />4. WAIVER OF EXISTING DEFAULT AND REAFFMMATION OF OBLIGATION <br />Defendant hereby acknowledges and reaffirms his obligation due to Plaintiff in the <br />amount of Nine Hundred Six Thousand Four Hundred Six and 00/100 Dollars ($906,406.00), <br />which includes principal plus interest to and including April 1, 2008 but does not include <br />Plaintiff s attorneys fees incurred since the filing of the Complaint (the "Settlement Sum"). <br />Defendant promises to pay and shall pay Plaintiff the Settlement Sum pursuant to the terms of <br />Section 5 below. Plaintiff hereby waives Defendant's default currently existing under the <br />Stipulation in consideration for Defendant's reaffirmation of his obligation and his new promise <br />to pay the Settlement Sum pursuant to the terms of Section 5 below. Defendant's obligation to <br />pay the Settlement Sum shall be an unsecured obligation. <br />5. PAYMENT BY DEFENDANT <br />5.1 Defendant promises to pay and shall pay Plaintiff the total Settlement Sum of Nine <br />Hundred Six Thousand Four Hundred Six and 00/100 Dollars ($906,406.00), together with <br />interest thereon at the rate of 10% per annum compounded monthly from and after April 1, 2008, <br />in successive monthly installments as follows: monthly payments of interest only commencing <br />May 1, 2009 and due and payable on the same day of each succeeding calendar month thereafter, <br />plus four (4) annual payments of Two Hundred Thousand and 00/100 Dollars ($200,000.00) <br />-ach due May 1, 2009; May 1, 2010; May 1, 2011; and May 1, 2012, respectively; plus one (1) <br />Final balloon payment of all unpaid principal and interest due May 1, 2013. The foregoing <br />payments shall be payable to Plaintiff at 7310 Pacific Ave., Pleasant Grove, CA 95668, <br />kMENDED AND RESTATED STIPULATION FOR ENTRY OF JUDGMENT AGAINST Page -4- <br />-TT A T1 T\ T - A - <br />