BriefCal. Super. - 6th Dist.February 25, 2019BRET A. YAPLE. SBN 195809 2701 DEL PASO ROAD SUITE 130-245 SACRAMENTO, CALIFORNIA 95835 Tel: 510-275-4555 Fax: 815-642-0954 Attorney for Plaintiff, TK CREDIT RECOVERY 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR AND IN THE COUNTY OF SANTA CLARA 17 TK CREDIT RECOVERY Plaintiff, vs. ELFANOR CARRII.,LO FRFDRICK CARRILLO, Defendants. ) Case No„19CV343545 ) ) PLAINTIFF'S BRIEF FOR DEFAULT ) PROVE-UP HEARING ) ) DATE: September 20, 2021 ) Time: 1:30 ) Dept 22 ) Honorable: ) 19 21 24 26 27 28 PLAINTIFF submits the following brief in support of its position at the Prove-Up hearing of the above-entitled action. 1. PARTIES Plaintilf is represented by Bret A Yaple. Defendants Eleanor Carrillo and Fredrick Carrillo have been defaulted. H. FACTS OF THE CASE This case involves the fraudulent transfer of that certain real property commonly known as 3171 Percivale Dr. San Jose, CA, (hereinafter referred to as "The Subject Plaintiffs Brief for Prove-Up Hearing: Evidence and Witness- CGC-19-578469 Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/25/2021 9:14 AM Reviewed By: R. Nguyen Case #19CV343545 Envelope: 7132732 19CV343545 Santa Clara - Civil R. Nguyen 10 12 13 15 16 17 20 21 22 23 25 27 Property") from a husband, Fredrick Carrillo to his wife Eleanor Carrillo, using a Spousal Deed ofTransfer. On or about May 20, 2008 Meriwest Credit Union was awarded judgment against Fredrick Camffo in the amount of$12,102.77 {case number FG07325007 Santa Clara). His wife, Defendant Elanor Carrillo, was not a party to said Judgment. Meriwest Credit Union assigned the rights to collect on said judgment to TK Credit Recovery. On or about June 22, 2017 an Abstract of Judgment was recorded in Santa Clara County thus putting a lien on The Subject Property. At the time of the recordation of the Abstract Judgment The Subject Property was free and clear of any liens or mortgages and was valued at approximately one million dollars. Notice of said recordation of the Abstract of Judgment was mailed to the defendants. On or about July 17, 2017 Fredrick Carrillo recorded a Spousal Transfer Deed to his wife Eleanor Carrillo. On or about July 17, 2017, Eleanor Carrillo refinanced The Subject Property in the amount of $954,225.00 using a reverse mortgage. Plaintiffhas made several demands for payment to the Defendants, but the defendants refuse and continue to refuse to pay the Judgment, claiming insolvency. The recorded judgment was renewed on I"ebruary 23, 2018 in the amount of $23,967.48. ill. ARGUMENT California Civil Code )3439.05 states: "A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation." 28 Plaintiffs Brief for Prove-Up Hearing: Evidence and Witness- CCC-19-578469 Prior to the transfer of The Subject Property, the judgment debtor Fredrick Carrillo had an asset valued at approximately one million dollars. Judgment debtor Fredrick Carrillo received no compensation for the transfer ofThe Subject Property and in doing so has caused him to become completely insolvent. 10 Defendant Eleanor Carrillo was an active participant in avoiding plaintiffs Judgment as she took sole ownership of The Subject Property and immediately borrowed against it to its full value. Before the transfer of this judgment was almost guaranteed of being paid, while any judgment awarded now will be subordinate to the $954,225.00 loan. 12 Family Code 851 states, "A transmutation is subject to the laws regarding fraudulent transfers." 15 16 17 20 21 22 23 25 26 27 25 WITNESSES Witnesses: Christopher Morato-Vice President, TK Credit Recovery IV. IJOCUMKNTARY EVIDENCE Documents: Exhibit //1 Recorded Abstract of Judgmmlt Exhibit //2 Transfer Deed Exhibit //3 Mortgage Deed Exhibit //4 Judgment Renewal Exhibit //5 Assignment of Judgment V. INTEREST CALCULATION For the second cause of action, the judgment balance at time of renewal on February 23, 2018, was $23,967.48. Judgment interest rate is 10%. $23,967.48 x 10% divided by 365 = $6.57 per day in interest. There are 1,252 days between 2/23/18 and 7/29/2021. 1,252 x $6.57 = $8,225.64. Plaintiffs Brief for Prove-Up Hearing: Evidence and Witness- CGC-19-578469 VI. ATTORNEYS FEES Attorney fee per schedule with principal balance of $23,967.48 is $ 1,819. VII PROPOSED JUDGMENT 10 1. That the transfer deed dating July 17, 2007 be set aside. 2. That the Subject Property be attached in accordance with the California Civil Code of Procedure sections 481.010 through 493.060. 3. That the judgment herein be considered a lien on Subject Property. 4. General damages in the amount of $ 10,000. 5. Special damages in the amount of $23,967.48 13 Dated: August 17, 2021 16 RET A. AP Attorney for Pl intiff TK CREDIT RECOVERY .1 8 19 20 21 22 23 24 25 26 27 28 Plaintiffs Brief for Prove-Up Hearing: Evidence and Witness- CGC-19-578469 EXHIBIT C1HI I # 85/28/2817 83115 3387473332 PAGE 81/82 EJ.001 arrasmsr ON fsmvwnmauf Apfafvev fmfpps pffeppa ppvspa soi opsfse Aamfmmfooe le 3,95809 Eret A Yayle Bret A. Yfsyle 2701 DEXf PASO ROAD SUITE 130-245 SACRAMEMTO, CALItfORMIA 95835 fetnap tttct srs.tmc FANNSropo r (815) 642-8954 uualaacmmsrcfpoppe RSSrtteafgsmltjteeletr. cess Qg arroNNNP QQ sfosvofn ~ Assgp~E ,Nffvasfmmossrorcafeoffsvtfmafsrroa Alanfe e smssfaoosen; 24405 Ataa6cfr Street Nfafunsasffmfav 24405 Ameficfr Street cffvafonroacs Helftrerct, Cali fcrrtia 94544 NNANONNfse Hell 09 Jttstice ttsdlrls fttoosendnsa Smote Clsra County - Crept-aeeopder CONFOR%D COPY Ce V or dosumsot 1'Neorded, Hss sot been, oospsrsd ultn ef ictffsr. PIAftrftFF NBRRI ST CREDIT tfMIOM aSFSnpnflr: FREDRXCR CARRXX,X,O ABSTRACT O J OXNNNESIT L AND SMALL CLAINNS .. C3 Amended F807325007 t. Tlfs QQ judgmsntcrsdhor ~ asslgneeaflecofd sppNes tor sn sbsbnct ol judgfnsnt end represents the ff»hwtng: s. Judgment det»ars tfsms and fast snows address j FREDRICR CARRII XfO I 3171 FERCIVAXE DR. 8AM JOSE, CA 95127 l b Drtvsrvf scenes no. (ht»4fgghej end stms: 5586 c. SaclsJsecudtyno.gsstcfgggs]: 8952 C3 UnhnownH Unnnown d. summons or no»co sf enny of slsterdftats judgment wes peisonshy served or mated to ffmms enderrsssc); tfRRDRXCtt CARRXLXfcf, 3161 Stfehn SSWC WAYP tffCXCM CX%Vi Ch, 945BT 2, G3 Infonnsdan on adrhgontd judgment debtors is shawn on pago R R Judgment cmdltor items end aetfffem): Nlssmmf ppssp lmmvl pooppmas pp ffmsofspp papfpop poapso pplaep pfsop pool pfs pavo fe pppla \'plp.plp plloppppse. Oa pppll t)ate; 5-23-17 4. M Information on additional judgment credites is sheen an page R 5. ~ Ortglnal eberaat mccrdsd ln thh aawny: a, Datef b. Instrument ncc s. Talel amount ot judgment as sntsmd or last rsnswsd1'2,102,77 7, AN judgment esdgors and debtors am Ihhd on thh sbstmat. 8. a. Judgment efeusd on gets). 5/20/2008 Rsnovfef entered on Wsfs): Bt C3 Tjfhpjugjjstbg4s sn Iretssmont judgme». PA, Ttfh abstract Issued on Wsis)f JUN 0820j') fg.~ An + execudef Ihn ~ athchment Nsn h endorsed an ths judgment as fohows: a. Aufoucl; 8 b. In fevfvof (nemo snd sctfnum)l 'll, A stay ol Nnfoicement hss ft gg net geon ordered by the court. b, ~ lwsn onleed bydfs coun etfscdve fs»N We): fg. ft gg I carlgy that thhtl a true snd correct abstract of thsiudgme» entered In this acNon. b C3 edC j menthahschsd. , Deposer apffosl cppmlll of cp Npellf esp.sap 1.empt ABSTRACT OF JLIOINMEhtT P CttffLIV~nltffillktlNMy" AftO SSIALL CLAfMS omomnmf~g~aOtwpNlao 1 INNWelel ssx'iwoec cz'ofttt rrfttolf a~;So Sss/at'NJuu HUWLrtNu tUMt ONY ttttst. Ou/OZ nfsomym MDRXwEET CRfNDX',N UBXf3ttt COURt CASK SO: NA6073D5007 «fAtNES AND ADDNIESSES OF ADDyttDNAI. JUDOINShly DRSDR'ORS: ts, Judgment cssditot ptetns end sddtsss): 1Ak Judgnswtt cmtgtor fhsfns sodesftfrtsssk ls.~ Continued an Attachment 48. NhlFORNNA'ttOttf ON ADDDtONAL JUbQN%yyy DEDTORSS 'le, Nares and test known sddmss ly. f I I I Drfvsys Ncwme no. gest 4 dfgksf snd esto; C3 Vnlmown Soatst secudty no. gest 4 dlgNsl; ~ Unknown summons wss psrsonssy served st ar makes to (eddfsssf: I Drivers license so. fiant 4 digger «nd st«by. ~Unfutcwn sacfsf ssautfty ns, gast 4 dfggsj,'Unknown summons wss pwsonsgy served at or mallei to (efdtsss)t 18. Nsms snd fest known addmss Meme and fest Intown sttdleee I ttttvsys ffosnss no, gast 4 digit«i snd state: ~ UN@ownOussf RecurNy no. ttsst 4 dfgasl: ~ Unfmown SummOne wee PerscnSNy SSSVad at Or maged tO (Sddre«ej: L Ddvsys ffcsnse no, gast 4 desi and stake ~ UrtknownSocial sscudty no. Past 4 dfgks]: ~ Unfmawn summons was psmansffy served «t srmaftsd ta t'sdattswfr No C3 Oontfnued on Attsattmsnt No Sttttt~sst t. KR P~l BstWiltytt EXHIBIT 52HI I # REcoRDING REIIUESTED BY: First American Title Company NAIL TAX STATEMENT AND WHEN RECORDED MAIL DOCUMENT TO/ Eleanor Camlio 317 1. Peravale Drive San Jase, CA 95127 **This dacument was electronicaily submitted Io Santa Clara County for recording"* 23699152 Regina Alcomendras Santa Clara County - Clerk-Recorder 07/17/2017 01: 35 Piyi Ttdes 1 Pages 3 Fees $51.00 Tex $0.00 Total $5100 A.P.Nu 599-06-045 File Nau 4101-5446962 (IQ) INTERSPOUSAL TRANSFER GRANT DEED This is an lnterspausal Transfer and not a change in ownership under Sect/on 63 of the Revenue and Taxation Code, and transfer by Grantor(s) is exduded from reappraisal as a creation, transfer, ar termination, solely between the spouses of any co-owner's interest. SURVEY MONUMENT FEE f0.00 The Undersigned Grantor(s) dedare(s): DOCUMENTARY TRANSFEP. TAX 60; CITY TRANSFER TAX SO; This canveyance is solely between spouses and is EXEMPT from the Irnposiiion of Documentary Transfer Tax because it is an inter vivos gilt pursuant to Section 11930 of the Revenue and Taxation Code and therefore consideration does not exceed $)itffbursuapn 11911 of the Revenue and Taxation Cade. oy ignature of Dedarant FF~G(c Girl llO FOR A VALUABLE CONSIDERAT(ON, receipt of which is hereby acknowledged, Frederick Carrillo hereby GRANTS to Eleanor Carrigo, a married woman as her sole and separate property the follawlng descnbed property in the City of San Jose, County of Santa Clara, State af Califarnla: See Exhibit A attached hereto for legal description, It is the express intent of the Grantor, being the spouse of the Grantee, to convey all right, title and interest of the Grantor, cnmmunity or otherwise, in and to the herein described property to the Grantee as hisfher sole and separate prop Ju 07, 2017 ) Frederl Carrlgo Nail Tax Statements To. SANE ASASOVE DOC ¹23699)52 Page 2 of 3 A notary publtc or other ofhcer completing this cerdficate verilies only the Identay of the irdlvldual who signed the docttfaent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document I cerufy under PENALTY OF PEPJURY under the laws of the State of California that the foregoing paragraph is true and correct. easllrerlear+ =-"i & su ee sftQs gjiiw 44Nr@t"e WITNESS my hand and offtdal seal. Signet This ares For or¹daf nnfar/a/seal Si ATE QF ~ FLt A ~ i n )SS COUNTY OF Ssfrvttt C'Cdirt/y ) On 0 I l ~)1 ~)+ befor me, yyykcct public, personally appeared rc - c/6 r ( 8H. st r z (3 who proved to rr e on the basis of satisfactory evidence to be the perse nfs) whose ramats) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tireir authorized capacity(les), and that by his/herfthelr signaturefo) on the instrument the person(sy,or the entity upon behalf of which the persorfs) acted, executed the Instrumen. Page 2 DOG ¹23699152 Page 3 o/3 A.p,N3 599-06-645 iflterspousal Trarrsfer Grant Deed - tontmued nle Non 4101-9444962 (KI/ EXHIBIT A LOT 48, AS SHOWN ON THE MAP ENTITLED TRACT NUMBER 1464 PALA DEN UNIT NUMBER I, RECORD'ED IULY 15s 1959 IN BOOK 109 OF MAPSs PAGE(S) 2 AND 3 This is to certify that this is a true copy of the document on file in this office. CLERK-RECORDER Santa Clara, CA 03/29/201 8 EXHIBIT ¹3HI I # Recording Requested By First America Ti e ggEse 9 Recording Requested Bv: HighTechLending Inc. When Recorded. mail to: HighTechLending Inc 2030 Main St., //350 Irvine, CA 926 I 4 **This document was eiectronica/Iy submitted to Santa Clara County tor recording** 23699153 Regina Alcomandras santa clara county - cferx-/recorder 07/17/2017 01 35 PM Titles 1 Pages. 15 Fees: $67.00 Tex. $6 Total. $67.00 State of CALIFORNIA [Space Above This Line For Recordiog Data) FHA Case No. 198-1027279-961 Loan No. R166-2916595 MIN: 1005220-0005004480-6 FIXED RATE HOME EQUITY CONVERSION DFFD OF TRUST THIS DEED OF TRUST SECURES A REVERSE MORTGAGE LOAN THIS SECURITY INSTRUMFNT SECURES A I.OAN THAT PROVIDES FOR NEGATIVE AMORTIZATION AND COMPOUNDING OF INTEREST. INTEREST THAT IS UNPAID WILL BE ADDED TO PRINCIPAL AND INTEREST WILL BE CHARGED THEREON. TIIIS DEED OF'RUST ("Security Instrument" ) is made on July 11, 2017. The trustor is Eleanor Carrillo,a married woman as her sole and separate property. whose address is 3171 PERCIYALE DRIYE, SAN JOSF., California 95127 ("Borrower" ), The term "Borrower" does not include tbe Borrower's successors and assigns, The trustee is First American Title Compsny- Redwood City, 303 Twin Dolphin Drive, Suite 600, Redivood Ciy, CA 94065 (xTrustee"), The beneficiary is Mortgage Electronic Registratiun Systems Inc, ("MERS"), which is organized snd existing under the laws of Delaware, and whose address is P.O. Box 2026, Flint, MI 48501-2026, telephoae (888) 679-MERS. HighTechLending Iac. is organized and existing under tbe laws of United States of America, and bas an address of 2030 Main St., //350, Irvine, CA 92614 ("i.ender" ). Bormwer has agreed to repay to Lender amounts which Lender is obiigated to advance, including future advances made on Borrower's behalf, under the tenne of a Home Equity Conversion Mortgage Fixed Rate Loan Agreement dated the sane date as this Security Insmuuent ("Loan Agreenient"), The agreemem to repay is evidenced by Borrower's Fixed-Rate Note dated the same date as this Security insuument ("Note"). The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Securitv Instrument secures to Lender: (a) the repayment of the debt evidenced bv the ex'xru Harl 1 7wi Due Ocr~a X 1 DOC 023699153 Page 2 of 15 Note. with interest at a fixed rate (interest), and all renewals, extensions and modifications of the Note, up to a maximum principal amount of Nine Hundred Fifty Four Thousand, Two Hundred Tsventy F ive Dollars and Zero Cents (US. $95422E00); (b) the payment of all other sums, with interest, advanced under Paragraph 5 to protect the security of this Security Instrument or osherwise due under the tenus of this Security Instrument; and (c) the perfonuance ofBorrower's covenants and agreements under this Security Instrument and the Note and the Loan Agreement. For this purpose, Borrower irrevocably grants, conveys and assigns to Trustee, in trust for the benefit of Lender, with power of sale and ught of entry and possession, the following described propeny located in SANTA CLARA County, CALIFORNIA: See legal description as Exhibit A attached hereto and made a part hereof for all intents and purposes which has the address of 3171 PERCIVALE DRIVE, SAiN JOSE, Calil'amia 95127, ("Property Address") TOGETHER WITH all the impruvements now or hereafter erected on tbe propeny, snd all easements, rights, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. Afi of the foregoing is referred to in this Security Instrument as the "Properry." Borrower understands and agrees that MERS holds only legal iille to the iiuerests granted by Borrower in this Security Instnunent, but, if necessary io comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the righr: to exercise any or all of those interests, including, but not limited to, tbe right to foreclose and sell the Property; and to take any action required ofLeader including, but not limited to, releasing and canceling this Security Instnunent. BORROWER COVENANTS that Borrower is lawfully seised of tbe estate hereby conveyed and has the right to grant and convey tbe Property and that tbe Property is unencumbered. Borrower warrants and will defend generally tbe title to the property against all claims and demands. subject to any encumbrances oi'record, THIS SECURITy INSTRUMENT combines uniform covenants for national use and non-unii'orm covenants with limited vnriations by jurisdiction to constitute a uniform security mstrument covering real property. UNIFORM COVENANTS. Bonower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall pay when due the principal of 595422500, and interest on the debt evidenced by the Note, 2. Payment of Property Charges. Borrower shall pay all property charges consisting ofproperty taxes, hazard insurance premiums, flood insurauce premiums, ground rents, condominium fees. planned unit development fees. homeowner's association t'ees, and any other special assessments that may be required by local or state law in a timely manner, and shall provide evidence of payment to Lender, 3. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements an tbe Property, whether now in existence or subsequently erected, against any hazards, casualties. and contingencies. including, but not limited to, fire and flood, for which Lender requires insurance. Such insurance shall be maintained in the amounts, and for the periods that Lender requires; Lender has the discretion to increase or decrease the amount of anv insurance reuuired at any time provided the amount is euua! to or Ps 1 fit uscstn invsofr visas DOC 023699153 Page 3 of15 greater than any minimum required by the Secretary ofHousing and Urban Development ("Secretary" ). Whether or not Lender imposes a flood insurance requirement, Borrower slmll at a minimum insure all improvements on the Property, whether now in existence or subsequently erected, against!oss by floods to the extent required by the Secretary. If the Lender imposes insurance requirements, all insurance sha! I be carried with companies approved by Lender, and the insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and ui a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by maiL Lender may make proofof loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss to Lender instead of to Borrower and Lenderjointly. Iusurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's secmtty is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under the Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security lusuument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or otlier transfer of title to the Property that extinguishes the indebtedness, all right, title and interest ofBorrower in and to insurance policies in force shall pass to the purchaser. 4. Occupancy, Presem ation, Maintenance and Yrotectiion of the Property; Borrower's Loan App!ication; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's Principal Residence aller the execution of this Security Instrument and Borrower (or at least one Borrower, if initially more than one person are Borrowers) shall rontinue to occupy the Property as Borrower's Principal Residence for the term of the Security Instrument. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in default ifBorrower, during the loan application process„gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenred by the Note, including, but not limited to, representations conccniing Borrower's occupancy of the Property as a Principal Residence. If this Secwtty Instniment is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee tirle to the Propemy, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. S. Charges to Borrower and Protection of Lender's Rights in the Property. Bonower shel! pay all governmental or municipal charges, flnes and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is awed the payment. If failure to pay would adversely sfl'ect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shall promptly discharge any lien which hss priority over this Security Instrument in the manner provided in Paragraph 14(c). If Borrower fails to make these payments or pay the property charges required by Paragraph 2, or fails to perform any other covenants and agreements contained in diis Security Instrumem, or there is a legal proceeding tha( may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary io protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Ps! fli Hurst Fv in K of T~-!01! DOC ¹23699153 Page 4 of 15 To protect Lender's security in the Property, Lender shall advance aud charge io Borrower all amounts due to the Secretaty for the Mortgage Insurance Premium as defined in the Loan Agreement as weg as all sums due to the loan servicer for servicing activities as defined in the Loan Agreement. Aoy amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Security Instrument. 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Pmperty in a reasonable inanner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which must be related to Lender's hiterest in the Property. If the Property is vacant or abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without notice to the Borrower. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation, or other taking ofany part of the Property, or for conveyance in place ofcondemnation shall be paid to Lender. The pmceeds shall be applied to the reduction ofihe indebtedness under the Note and this Security Instrument. Any excess proceeds over an amount required to pay all outsianding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. g. Fees. Lender may collect 1'ees and charges authorized by the Secretary. 9, Non-Borrowing Spouse. Borrower, Fleanor Carrillo is married under the laws of California to Frederick Carri)lo ("Non-Borrowing Spouse" ), who is not a Borrower iuider the terms of the "Note," the Loan Agreement or this Security Instrument. (a) Eligible Non-Borrowiog Spouse - A Non-Borrowing Spouse identified by the Borrower who meets, and continues to meet, the Qualifying Attributes requirements established by the Secretary that the Non-Bon owiog Spouse must satisfy in order to be eligible for the Deferral Period. (9) Ineligible Non-Borrowing Spouse - A Non-Borrowing Spouse who does not meei the Qua! ifying Attributes requirements established by the Secretary that the Noa-Borrowing Spouse must satisfy in order tobe eligible for the Deferral Period. Ps 4 rid HSCM Fvui Dud O.'r wid la DOC ¹23699153 Page 5 of 15 10. Grounds for Acceleratioa of Debt. (a) Due and Payable - Death. (i) Except as provided in Paragraph 10(a)(ii), Lender may require immediate payment in ful! of all sums secured by this Security Instnunent if a Borrower dies and the Property is not the Principal Residence of at least one surviving Bormwer. {ii) Lender shall defer the due and payable requirement under Paragraph 10(a)(i) above for any period of time ("Deferral Period") in which a Non-Borrowing Spouse identified in Paragraph 9 qualifies as an Eligible Non-Borrowing Spouse and certifies all of the following conditions are, and continue to be, met: a. Such Eligible Non-Borrowing Spouse remained the spouse of the Borrower, identified in this Note, for the duration of the Borrower'sliftime,'. Such Eligible Non-Borrowing Spouse has occupied, and continues to occupy, the Property as [his/her] Principal Residence; c Such Eligible Non-Borrowing Spouse has established legal ownership or other ongoing legal right to remain in the Property; d. All other obligations of the Borrower under this Note, the Loan Agreement and the Security instrument continue to be satisfied; e. This Note is not eligible to be called due and payable for any other reason; and f If requested by Lender, such Eligible Non-Borrowing Spouse signs an enforceable agreement suspending the statute of limitations applicable to the enforcement of teal property lien (including, without limitation, as pursuant to California Civil Code Section 1923 2) and any other document(s) Lender deems necessary to preserve(1) the priority of Lender's lien on the Property, (II) Lender's right to foreclose the security interest in the Property, and (III) Lender's right to exercise its default remedies available under the Security Insuument and rhis Note This sub paragraph (ii) is inapplicable or null and void if an Eligible Non Borrowing Spouse is or becomes an Ineligible Non-Borrnwing Spouse at any time. Further, during a deferral of the due and payable status, should any of rhe conditions for deferral cease to be met, such a deferral shall immediately cease and the Note will become immediately due and payable in accordance with the provisions of Paragraph 5(A)(i) of the Note. (b) Due and Payable - Sale. Lender may require immediate payment in full of all sums secured by this Security Instrunient if all of a Borrower's title in the Property (or his or her beneficial interest in a aust owning all or pari of the Property) is sold or otherwise transferred and no other Bonower rerains title to the Propegy in fee simple or retains a leasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period ofnoi less thaa 50 years beyond the date of the 100th binhday of the youngest Borrower or retains a life estaic (or retaining a beneficial interest in a trust with such an interest in tbe Propeny), A deferral of due and payabie status is not permitted when a Lender requires immediate payment in full under this Paragraph. eao s rtt HscM ewi n .s orTwlmll6 DOC t)236991 53 Page 6 of 15 (c) Due aud Payable with Secretary Approvah - Lender may require immediate payment in full of all sums secured by this Security Inshument, upon approvai of the Secretary, if: (i) The Property ceases to be the Principal Residence of a Borrower for reasons other than death and the Property is not the Principal Residence of at!east ooe other Borrower; or (ii) For a penod of longer than twelve (12) consecutive months, a Borroiver fails to occupy the Property because ofphysical or mental illness and the Property is not the Principal Residence ofat least one other Borrower; or (iii) An obligation of the Borrower under this Security Instrument is not peribrmed. A deferral of due and payable status is not permitted when a Lender requires inuuediate payment in full under this Paragraph 10(c). (d) Notice aad Certificatioa to Lender. Borrower shall complete and provide to the Lender an an annual basis a certification, in a Form prescribed by the Lender, stating whether the Property remains the Borrower's Principal Residence and, if applicable, the Principal Residence of his or her Non-Borrowing Spouse. Where a Borrower has identified a Non-Bormwing Spouse in Paragraph 9 sud the identified Non-Borrowing Spouse qualifies as an Eligible Non-Borrowing Spouse. the Borrovrer shall also complete and provide to the Lender on an anuual basis an Eligible Non-Borrowing Spouse ceni fication. in a form prescribed by the Lender, certifyiog that ail requirements for the application of a Deferral Period continue to apply and contiaue to be met. During a Deferral Period, the annual Principal Residence certification must continue to be completed and provtded to the Lender by the Eligible Non-Borrowing Spouse. The Borrower shall also notify Lender whenever any of the events listed in Paragraph 10 (b) snd (c) occur. (e) Notice to Secretary and Borrower. Lender shall notify tbe Secretary and Borrower whenever the loan becomes due and payable under Paragraph 10 (b) and (c). Lender shall not have the nght to corumence foreclosure until Borrower has had thirty (30) days after notice to either: (i) Correct the matter which resulted in the Security Instrument coming due and payable; or (ii) Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or ninety five percent (95%) of the appraised value and apply the net proceeds of the sale toward the balance; or (iv) Provide the Lender with a deed-in-lieu of foreclosure. {I) Notice to Secretary and Fligible Non-Borrowing Spouse. Lender shall notify the Secretary and any Eligible Non-Borrowing Spouse whenever any event listed in Pangraph 10 (b) and (c) occurs during a Deferral Period. (g) Trusts. Conveyance ofa Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a mist's interests in the Property to a Borrower, shall not be considered a conveymice for purposes of this Paragraph 10, A bust shall not be considered an occupant or be considered as having a Principal Residence for purposes of this rs&s fit HscurvuDctdotswvisfs DOC ¹236991 53 Page 7 of 15 Paragraph I Q. (b) 1fortgage Not Insured. Borrower agrees tlmt should this Security Insnument and the Nate not be eligible for insurance under the National Housing Act within eight (8) months Rom the date hereof, ifpermined by applicable law Lender may, at its option, require immediate payment-ill-full of all sums secured by this Security Instrument A written statement of any authorized agent of the Secretary dated subsequent to eight (8) months from the date hereof, declining to insure this Security Instnunent and the Note, shall be deemedconclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailabdity of insurance is solely due ta Lender's failure to remit a mortgage insurance premium to the Secretary. 11. Na Deficiency 3udgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Propewy, Lender shal! not be permitted to obtain a deficiency judgment against Borrower if the Security Instrum«nt is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the Secretary, Barrower shall not be liable for any differencebetween the mortgage insurance benefits paid ta Lender and the outstanding indebtedness, including accrued interest„owed by Borrower at the time of the assignment. 12. Reinstatement by Borroiver. Borrower has a right to be reinstated if Lender has required immediate payment in fiill. This right applies even after foreclosure proceedings are instituted. To reinstate this Security lostrum ant, Borrower shall correct the condition which resulted in ihe requirement fbr immediate payment in full. Foreclosure costs and reasonable and customary attamey's fees and expenses properiy associated with the foreclosure proceeding shall be added to the Principal Balance. Upon reinstatement by Borrower. this Security Instrument and the obligatians that it secures shall remain in effect as i!'Lender had not required immediate payment in fiill. However, Lender is not required ta permit rein siatement if: (i) Lender has accepted reinstatelnent a fler the commencement of foreclosure proceedings within two (2) years immediately preceding the commencement of a cuneat foreclosure proceeding, (ii) reinstatement will preclude foreclosure on differem grounds in the future, or (iii) reiastatemem will adversely affect the priority of the Security Insnument. 13. Deferral Period Reinstatement. If a Deferral Period ceases or becomes unavailable because a Non-Borrowing Spouse no longer satisfies the Qualifying Attributes for a Deferral Periad and has become an Ineligible Non-Borrowing Spouse, neither the Deferral Period nor the Security Instrument may be reinstated. In the event a Deferral Period ceases because an obligation af the Note, thc Loan Agreement, or this Security Instrument has not been met or the Note has become eligible ta be called due and payable and is in default for a reason other than death, an Eligible Non-Borrowing Spouse may have a Deferral Periad and this Security Instrument reinstated prnvided that the condition which resulted in the Defetral Period ceasing is corrected within thirty (36) days. A Lender may require the Eligible Non.Borrowing Spouse to pay for foreclosure costs and reasonable and customary attorney's fees and expenses properly aasociated with tbe foreclosure proceeding, such costs may not be added to the Principal Balance. Upon reinstatement by an Eligible NonBorrowing Spouse, the Deferral Period and this Security Instrument and the obhgations that it secures shall remain in effect as if the Deferral Period had not ceased and the Lender had not required immediate payment in full. However, Lender is not required to permit reinstatemem if: (i) the Lender has accepted a reinstatement of either the Deferral Period or this Security Instmment within the past twa (2) years immediately preceding tlie current notification to the Eligible Non-Borrowing Spouse that the mortgage is due and payable; (ii) remstatement ofeither the Deferral Penod or this Security Instrument will preclude foreclosure in the future. or (iii'i reinstatement of either the Deferral Period or Securitv Instrument will adverselv atfect the page r fle HSCM Pissl nM Ol rmss-'lal l DOC ¹23699153 Page 5 of 15 priortty of this Security Iustrtlment. 14. Lien Status. (a) Modificatioa. Borrower agrees to extend this Security fnstrumen( iu accordance with this Paragraph!4(s). If Lender determines that the original lien status of the Security Instrument is jeopardized under state law (including but not limited to situations where the amount secured by the Security Instrument equals or exceeds the maximum principal amounr stated or the maximum period under which loan advances retain the same lien priority initially granted to loan advances has expired) and state law permits the original lien status to be maintained for future loan advances through the execution and recordation ofone or more docmnents, rhea Lender sbal! obtain title evidence at Borrower's expense. If the title evidence indicates that the Propeny is not encumbered by any liens (except this Security Instrument, and any subordinate liens that the Lender detemtines will also be subordinate to any future loan advances), Lender shall request the Borrower to execute any documents necessaty to protect the lien status of future loan advances. Borrower agrees to execute such documents. If state law does not permit the original lien status to be extended to future loan advances, Borrower wig be deemed to have failed to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shali not participate in a real estate tax defenel program, ifany liens created by tbe tax deferral are not subordinate to this Security lnstrmnent, (c) Prior Liens. Borrower shat! promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to rhc payment of tire obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcemeta of tbe lien in, legal proceedings wluch in dte Lender's opinion operates to prevettt ibe enforcemenr of the lien or forfeiture of any pan of the Propeny; or (c) secures born the holder of the lien an agreement satisfactory to Lender subordinating the lien to a! I amounts secured by this Security Insuument. IfLender determines that any part of the property is subject to a! ieu which may attain priority over rhis Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satufy the lien or take one or more of the actions set forth above within ten (IO) days of the giving ofuotice. Z s.Sew HECN Fv & uvz o!Tmv 201 ~ DOC ¹23699153 Page 9 of 15 15. Forbearance by Leader Not a Waiver. Any forbearance by Leader in exercising any right or remedy shall no! be a waiver ofor preclude fhe exercise of any right or remedy. 16. Successors and Assigns Bouod; Joint and Several Liability. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. Borrower roJty nct assign any rights or obligations under this Security Instrument or under the Note, except to a trust that meets tLe requirements of the Secretary. Borrower's covenants and agreements shall be joint snd severaL Noiwithstanding anything to the comrary herein, upon the death of the last surviving Borrower, the Borrower's successors and assigns will be bound to perform Borrower's obligations under this Security Instrument. 17. Notices. Any notice to Borrower provided for m this Security Instrumenl shall be given by delivering it or by mailing it by first class mail unless applicable law requires use ofanother method. The notice sliall be directed to the property Address or any otfier address all Borrowers jointly desigoate. Any notice to Lender shall be given by first class mail to Leader's address stated herein or any address Lender designates by notice to Borrower. Any notice to a Non-Borrowing Spouse provided for in this Security Instrument shall be given by delivering it or by tuailing it by first class mail unless applicable law requires use of another method. The notice shall be diremed to the Property Address. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower, Lender, or Non-Borrowing Spouse when given as provided in this Paragraph 17. 18. Coverning Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the property is located. In tbe event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security lasmunent or the Note which can be given effeci without the conflicting provision. To this end tbe provisions of this Security Instnunent and the Note are declared to be severable. 19. Borrower's Copy. Borrower shall be given one confonued copy of the Note and this Security Instruiuem. 20, Third-Party Beneficiary. Except as set forth in Paragrapii 19(a)(ii) and only for an Eligible Non-Bonowing Spouse, this Security Instrument does not aud is riot intended io confer any rights or remedies upon any person other than the parties. Borrower agrees that it is not s titird-party beneficiary to t tie Contract of Insurance between BUD aod Lender. 21. Capitalized Terms. Capitalized teens not defined in this Security Instrument shall have the meanings ascribed to them iu tbe Loan Agreement. NON-UNIFORM COVENANTS. Borrower and Lender covenantand agree as follows: rw 9 rli HscMri Iu iofrxwisls DOC ¹23699153 Page 10 of 15 22. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Leader's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Bortower of Borrower's breach of any covenant or agreemem in the Securtty instrument, Borrower shall collect and receive all rents and revenues of the Properiy as trustee for the benefit ofLender and Borrower. This assignment ofrents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be iield by Borrower as hustee for benefit of Lender only, to be applied to the sums secured by this Security instrument; (b) Lender shall be entitled to collect and receive all of the rents of the property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent an Lender's wriuen demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender Born exercising its rights under this Paragraph 22. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a brearh. Any application of rents shall not cure or waive any default or invalidate any other rtght or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured hv this Security Instnunent is paid in full. 23. Foreclosure Procedure. If Lender requires immediate paynieut-in-full under Paragraph 16, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all costs and expenses incurred in pursuing the remedies provided in this Paragraph 23, including, but not limited to, reasonable attorneys'ees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written nodcc of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall cause this notice to be recorded in eaCh county in which any part of thc Property is located. Lender or Trustee shall mail copies of ihe notice as prescribed by applicable law to Borroiver and to the other persons prescribed hy applkable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable laiv. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may pastpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or ivarranty, expressed or implied, The recitals iu the Trustee's deed shall be prima facie evidence of the truth of the statements made ther-"in. Trustee shall apply the proceeds of the sale In the folloiving order: (a) to all expenses of the sale, including„but nat limited to, reasonable Trustee's and attorneys'ees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. Zih Lien Priority. The full amount secured by this Security Instrument shall have the same priority over Fm liorli nicxt v unniofrnvvisli DOC ¹23699153 Page 11 of 15 any other liens on tbe Property as if the ful! amoum had been disbursed on the date the initial disbursement was made, regardless of the actual date ofany disbursement. Tbe amount secured by this Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any purpose and interest accruing thereon. Tlds lien priority shall apply notwrthstanding mty State constitution, law or regulation, except that tlus lien priority shall not affect the priority of any liens for unpaid State or local governmental unit special assessments or taxes given priority over a frrst position deed of trust under applicable law. 25. Obligatory Loan Advances. Lender's responsibility to make Loan Advances under the terms of tbe Loan. Agreement shall be deemed obligatory. 2G. Recoaveyance. Upon payment ofali smns secured by this Security Insrrument, Lender shall request Tntstee to reconvey the Property and shall surrender this Security Insmtment and all notes evidencing debt secured by this Security Instrument to Trustee. Tmstee shall reconvey the Property without warranty to tbe person or persons legally entitled to it. Lender may charge such person or persons a reasonable lee for reconveying tbe Property as permitted under applicable law. If the lee charged does not exceed the fee set by applicable law, the fee is conclusively presmned to be reasonable. 21. Substitute Trustee. Lender, at its option, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the ollice of the Recorder of the county in which the Propeny is located. The instrwnent shall contain the name of the onginal Lender, Trustee and Borrower, the book and page where this Security Instruntent is recorded and the name snd address of the successor trustee. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and duties conferred upon tbe Trustee hemin and by applicable law. This procedure for substitution of trustee shall govern to tbe exclusion of all other provisions for substitution. 28. Statement of Olrligation pee, Lender may collect a fee not to exceed the maximwn amount permined by applicable law for furnishing tbe statement of obligation as provided by Section 2943l'h Civil Code of California, 29. Riders to this Security Instrument. Ifone or mnre riders are executed by Borrower and recorded together with this Security Instrmnent, tbe covenants of each such rider shall be incorporated into and alkali amend and supplement the covenants and agreemems of this Security Instrument as if dte rider(s) were a pan of this Security Instrument. [Check applicable box(es).] Condominium Rider Other (Specifv'I Planned Unit Development Rider ms 11*rls HscMF \D Sc.rrevemts DOC ¹23699153 Page 12 o(15 30. Naminee Capacity of MERS. MERS serves as beneficiary of record and secured party solely as nominee for Lender and its successors and assigns and holds legal title to the interests granted, assigned, and uansferred herein. All payments or deposits with respect to the Secured Obligations shall be made to Lender, all advances under the Loan Documents shall be made by Lender, and all consents, approvals. or other determinations required or permitted ofBeneficiary herem shall be made by Leader. MERS shall at al! times comply with the instructions of Lender and its successors aad assigns. If necessary to comply with law or custom, MERS (for the benefit ofLender and its successors and assigns) may be directed by Lender to exercise any or all of those interests, including without limiiation, the righr to foreclose and sell the Property, and take any action required ofLender, including without limitation, a release, discharge or reconveyance of this Deed of Trust. BY SIGNING BELOW, Borrower accepts and agrees to the tenne and covenants contained in this Security Instrument and in any rider(s) exemited by Borrower and recorded with it. The undersigned Borrower requesrs that a copy ofany iyotice ofDt fault and any Notice ofSale imder this Security Instnnnent be inai led to Borrower at itic addrers of the Borroii sr setfartli abave. vt copy afany btottce ofDefaull and any )Valise%rate will be sent only to thc address contoined in thir recarded request. If the Borrower 's address changes, a new request niust be recorded. Eleanor C lo (SEAL) '7-ff- 17 Date (SEAL) Prederick Carrillo, Non-borrowiug Spouse ftq'Pyh) - ~Br& ga &i df= Hgd iJ Z C Date V*svwof'is users F I in&orcase. sir DOC ¹23699153 Page 13 ol15 [Space Below This Line For Acknowledgment) A notary public or other o6icer completing this certificate veriges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documenh State ofCALIFORNIA Sn WO(»'ountvof On 07 )'l+ 9 before me t(dysuria('4- ~ "" rrv 'ersonally appeared(t2,his s. P1cnnoa. Crvvitt . ac s ~+ Civrrtt ~,w oprovedtomeonthebasisof satisfactory evidence to be the person(s) whose name(s)ds/are subscribed to the within instrument and acknowledged to me that hs/she/they executed the same in his/her/their authorized capacity(ies), and that by tdsdtsr/their signature(s) on tbe instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument. I certiiy under PENALTY OF PERJURY under the laws of the State of Cali foraia that the foregoing paragmph is true and correct. WITNESS my hand and official seal. (Seal) ouiilliiillliii rdv '""4~v~@+~"-:. ha( ~P 4 ~ Mortgage Loan Originator Organization: HighTechLending Inc. Nationwide Mortgage Licensing system and Registry Identification Number. 7147 di' o Ori'na r Mongage Loan Originator: Gary Steven Chang Nationwide Mortgage Licensing system and Registry Identification Number: 817956 r..s. u un Hsc'M sr\Dc stxr vista DOC ¹23699153 Page 15 of 15 Exhibit "A" Legal Description A.P.Nu 599-06.045 Real property in the Oty of San )ose, County of Santa Clara, State of California, described as follower LQT 48, As sHQM/N oN THE MAp ENTITLED TRACT NUMBER 2464 PALA DEN UNIT NUMBER I, RECORDED IULY ', 1959, IN BOOK 109 OF MAPS, PAGE(S) 2 AND 3. This is to certify that this is a true copy of the document on file in this office. CLERK-RECORDER Santa Clara, CA 03/29/201 B DQC¹23699153 Page te of15 EXHIBIT A Exhibit A to die Security Instnnuent made on July 11, 2017, by Eleanor Carrilio, a married woman as her sote and separate property («Borrower«) to Mortgage Electronic Registration Systeins, inc. ("ls(RRSu) («Beneficiary«). The property is located in the county of SANTA CLARA, state of California, described as follows: Description of Property LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF r«s, i««m« us cat n««i u « t orrn«utsi « Recording Requesled By; M&T BANK When Recarded Return To: Current Trusion ELEANOR CARRIL Q 3171 PERCIVALE OR SAN JOSE, CA 951271449 23726296 Regina Alcamendras Santa Clara County - Clerk-Rooordor 88/87/2817 88: 13 AM Titles: 1 Pages: 2 FBBB: )28.88Taxes; 8 Totsl: 128,M ~Ihlht AtflNaltl'Ilfil.'I 811 tl1Itff',hill'@till",/Nllhlyh II III FULL RECONVEYANCE MILT BANK 8005118mi28 'CARRILLO'ender ID:P85/0430821107 Santa Clara, California Prepared By: JESSICA BRYSON, la&7 BANK LIEN RELEASE DEPT 4TH FLOOR, PO BOX 5175, BUFFALO, NY 14240-1288 1-800-724-2224 M&T BANK SLICCESSOR BY MERGER TO MB T MORTGAGE CORPORATION as present Trustee for the Deed of Trust executed by FREDERICK CARRILLO AND ELEANOR CARRILLO, HUSBAND AND WIFE AS J/T as Trustor(s), Dated: 02/22/2007 Recorded: 03/'l5/2007 in Book/Reel/Liber: N/A Page/Folio: N/A as Instrument No. 19344038 o! off'ciai Records in the oflice af the County Recorder of Santa Clara, Cslifarnia having been requested in writing, by Ihe holder of the obligations s'ecured by said Deed of Trust, to recanvey the estate granted ta trustee under said Deed of Trust, does hereby reconvey ta the person ar persons legally entitled thereto, without warranty, ail the estale, title and interest acquired by Trustee under said Deed of Trust. iN WITNESS WHEREOF; M&T BANK SUCCESSOR BY MERGER TO MBT MORTGAGE CORPORATION as the Trustee has caused its carporate name to be aftixed by a duly authorized officer an the date shawn in ihe acknowledgmentcertificatebelaw: By; M&T BANK SUCCESSOR BY MERGER TO M&T MORTGAGE CORPORATION as Trustee On J~IX2gth 2II1/ JE BRYSON, Assistant Vice President 'ABD AsaMIUBBI120 201110 41 IOAIII MAT001MATBOOD0000000000DD1141002'ASANTL 0001100020 CASANTI TRUST RED RMNSANNSMATB' OOC ¹23720296 Page 2 of 2 FULL RE CO!OVEYANCE Page 2 0! 2 STATE QF New York COUNTY OF Ene On the 26th day of July in the year 2017 before me, the undersigned Notary Public in and for said State, personalty appeared JESSICA BRYSON, Assistant Vice President, personally known to me or proved to me on Ihe hams of satisfactory evidence to be Ihe individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged lo me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on Ihe instrument the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. WITNESS my har.d a iciai seal, MICH EL BOHN Notary Expir s: 10/13/2019 ¹01B06331494 Qualified in Fdic County MICHAEL BQHNNOTARY PUBLIC STATE QF NEW YORK ERIE LIC ¹01BO6331494 COMM. EXP. 10/Ia/304/ (This area for notarial seal) Aso'ABOMATBBISMSMI 10 4'9 ABI'MATBOIMATBMOOONOOMM!001141902'OASANTL'00911800211 CASIINTL TAOST MOL 'WNS MNSMATB This is to certify that this is a true copy of the document on file in this office. $x~ ~~An& CLERK-RECORDER Santa Clara, CA 03/29/2018 Recording Requesied By'&T BANK When Recorded Return To: Current Trustor: ELEANOR CARRILLO 3171 PERCIYALE OR SAN JOSE, CA 851271448 23728295 Regina Rioomendras Santa Clara County - CISrk-Rsoord r 88/87/2817 BS: 13 RM Titles; 1 Pages; 1 Fes02 $25.88 Taxes: 88 Total: 825.88 ~III IMttP I'hjtlttK)" 35) f sk t)@II'i''tl(ENL4 II Ill SUBSTITUTION OF TRUSTEE M&T BANK 8 0051180028 "CARR ILLO'ender ID P05/0430821107 Santa Clara, California Prepared By: JESStCA BRYSON, al&T BANK LIEN RELEASE OEPT 4TH FLOOR, PO BOX 5178, 8UFFALO, NY 14240 1288 1-800-724-2224 WHEREAS, ihe undersigned is the present Beneficiary under the Deed of Trust described below as follows Onginat Trustor: FREDERICK CARRILLO AND ELEANOR CARRILLO, HUSBAND AND WIFE AS J/T Orrgtnat Beneficiary BANK OF AMERICA, N.A. Dated: 02/22/2007 Recorded: 03/15/2007 in Book/Reel/Liber: N/A Page/Foko N/A as Instrumen! No: 19344038 in the County of Santa Clara and State of Calitornia AND WHERFAS, the undersigned desires to substitute a different Trustee Ior the purpose of reconveymg smd Deed of TRUST; NOW THEREFORE the undersigned hereby substitutes M&T BANK SUCCESSOR BY MERGER TO MET MORTGAGE CORPORATION as Trustee under said Deed of Trust M&T BANK On ~ul ~0 Trams Herbe roup Laa STATE OF New York COUNTY OF Frie On the 28th dey of July m Ihe year 2017 before me, the undersigned NotarY Public m and for said State, personally appeared Travls Herbert, Group Leader, personally known to me or proved to me on Ihe basis of satisfactory evidence lo be the Individual(s),whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hsr/their capacity(i*s), and that by his/her/their signature(s) on the instrument lhe indivrdual(s), or the person upon behalf of which the individual(s) acted, executed the instrument WiTNESS my hard and ofii I seal, HO LYSVC W Notary Exp ir s: 0/28/2018 801 SU5088228 Qualified m Courty HOLLY SUCKOW NOTARY PUBIJC STATE OF NEW YORK ERIE COUNTY LIC. 801SU5088228 COMM. EXR OCT. 28, 20! e) (This area for nolanal seal) 'A60 40044ATSMT226 2042 40 4'AM'ATmrMATS000000000000000 002'ASANTL'0001100020 SASANTL TNUST SNS 'WNS'WNSMATS'his is to certify that this is a true copy of the document on file in this office. 5~~~ CLERK-RECORDER Santa Clara, CA 03/29/2018 EXHIBIT C4HI I # 83/15/2818 84:12 3387473992 HOWLAND COMPANY PAGE 81/82 II(IIIftIIIklllllllfffllllllllfll/I EJ-190 ATToRNEY QR pARIT mTMCOI'mtoRMET live a, on $$, ann satin atr namaork Anmr aormasrmm M: 195809 Beet A Xaple Brat A. Xapie 2701 DEI, PASO ROAD SUITE 130-245 SACRAMENTO& CALIIQRNIA 95835 TFSMO; ls'lit) 2&'5 E555 Fantlo.lepra'mair (815) 642-0954 MMAMAoaREastarrmaas ssontasgsmtthoaistv, corn gg AT'TOIIMEY Qg dtlOCMEtlr ~ ASSIONEEmn CREOITOR or RECCAo auasatascatmraacastaosma,cau»TYOF Alameda Rrwmraaosssa 24405 Amador Street MAILIMMAooREss: 24 4 05 Amador Street; mrdauoTIPcooa: Hayward, California 94544 mAMCMMAMR Hall of Justice FIAINTIFF; ureter&EMT GRIOT'r RMTON SIICESSOR TO COMMUNITY SAVINGS t T UNION DBFENDANT; FREDRI C I( CARRT LLQ aos RECOIIOEN's MEE cta.r CASE NVMEER; FGQ7325007 APPLICATION FOR AND RENEWAL OF JUDCoiyIENT IXI Judgment creditor C3 Assignee of recard applies for renewal of Ihs judgment as follows', 1. Applicant (nsms snd sddrsss): MGRrsasy OREOTT OMTOM sut:cssoR Ta conlattltTY snvtlras rsasRAL CRROTM OMTOM, 2101 OEL PANO I\sac EOTTS 13O-&S5, NACRAMGNTO, ant 1TORIIT&t 95835 2. Judgment debtor (nsrns snd lssr known sddrsss); FREDRICK CARRILLO 3171 FERCIVALE CRIT(E SAN JOSE, CALIFORNIA 95127-).449 3. Odiginsl judgment s, Csee number (spMCify): FG07 325007 b, Entered on (tfaie)l 5/20/2008 c. Recorded: (1) Oste: 6/22/2017 (2) County: SANTA CLARA (3) tnslrurnsnt Noc 23680544 4. C3 Judgment previously renewed (specify each case number and dale): MEIR coareratss saar II-" I L E CI) AU&I)=DA C(.;)IJ,'JTY FEB 2 8 fl.'18 JANE I'I"I Itt td" lw'Idly C» crb aa CQ L&J I'aao I ot a aorta el cad f proam t rre, I sa& w0 6. gg Renewal of money judgment a. Totatiudgrmmt .........„„„„„,.....,......., ................,,$ 12, 102,77 b, Costsatterjydgment,,..,,.,.., „„,...,....,,, ....,...8 37. 00 $ I« trdd dtt ... $~$$$~ d, credits alter judgmsnl ....,,...... „„„„„,.....,...$ 0.00 $ t t tr t dr t $~$&AS2. f. Intersst after judgment,.„„, ....,. 11, '797.71 g. FeefarSIngrenewalspplicstlon „„,........ $ 30. 00 I dn tr,, ddl $~$$Aao ~ The amounts called for in items a.h are different for each debtor. These amounts are stated for each debtor on Attachment 6. APPLICATION FOR AND RENEWAL OFJIJDGMENT rvnraiel anna rafa(tao@un E,r.tsolrlav..tetr t.not~i I ~ EsssltdalttEtpomls" Meri.west cred'rnian 83/15/2818 84:12 3387473992 HOWLAND COMPANY PAGE 82/82 SHORT TITI 8: IIIERIfifEST CREDTT UtflON VS CARRIDI 0 CASK NUMSSR; FG0 7 3 2 5 0 0 7 8, Q3 Renewal of judgment for gg possession.~ cele. s. ~ If judgment was not previously renewed, terms of judgment as entered; h. ~ If judgment wss previously renewed, lerms of judgment ae last renewed: H Terms olludgmenl remaining unsatisfied I deolsre under penally ol perjury under the laws of Ihe State of California thol lhe foregoing is true and oorreot, Oats. 2/15/2018 ITTPS OR PRINT NAMS) Nl STORK oF osciARAml I i:I II I P I J.ISO (Nsp..ssy 1. 221 li I,.j'tj'j Eseetytfat IKMPKNI I'@pallas'PPLICATIQNTFOR AND RENEWAL QF JUDGIIENT tferiuest Credit Onion PRKP 2 M 2 EXHIBIT 85HI I # . ~ IIIIIIIIIII IIIIII IIII / BRET A. YAPLE. SBN 195809 2701 DEL PASO R.QAD SUITE 130-245 SACRAMENTO, CA 95835 Tel: (510) 275-4555 Fax: (815) 642-0954 Attorney for Plaintiff, MKRIWEST CREDIT UNION |'lL E 0 ALAMEDA COIJNTY JUN 1 y 20)8 CLEAR TNe 0 EFtiOFI COURT Sy 10 SUPERIOR COURT OF THK STATE OF CALIFORNIA FOR AND IN THK COIJNTY OF .: Wl APl COIIc 12 1B MERIWEST CREDIT UNION SUCCESOR TO COMMUNITY SAVINGS FEDERAL CREDIT UNION, Plaintiff, vs, FREDRICK CARRILLO And DOES 1-10, INCLUSIVE Defendant. ) Case No.: P@ 07$ 2.5DG+ ) ) ACKNOWLEDGMENT OF ) ASSIGNMENT OF JUDGMENT ) ) [CCP g 673,681.020; CCP $ 954.5] ) ) ) ) 19 20 21 PJ 22 VW 23 24 25 26 27 1. Judgment was entered in this action in favor of Plaintiff MERI%EST CREDIT UNION SUCCESOR TO COMMUNITY SAVINGS FEDERAL CREDIT UNION ("judgment creditor") and against Defendant FREDRICK CARRILLO ("judgment debtor") on May 20, 2008. Judgment was renewed on February 23, 2018 with a total Judgment balance of$23,967.48. 2. The Iudgment creditor's address is 5615 Chesbro Ave San Jose, Ca 95123. 3. I The last known address of the judgment debtor is 3171 Percivale Drive San Jose, C Ca 95127. 4. The judgment creditor acknowledges that it has assigned its rights, title and interest in this judgment for purposes of collection to TK Credit Recovery dba: SMITH AND ASSOCIATES, 2201 Del Paso Rd Suite 130-245 Sacramento, Ca 95835 subject to the terms and conditions set out in the written agreement executed by the parties on July 30, 2013. Dated: ~ ~ jI~ WILLIAM SCHE ER MERIWEST CREDIT UNION, Judgment Creditor Dated: D5/P9jJ$ T A. AP Attorney for Plaintiff 10 12 15 16 17 18 19 21 22 23 25 26 27 28