Declaration In SupportCal. Super. - 6th Dist.March 20, 2019Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/5/2019 4:40 PM Reviewed By: L. Quach-Marcellana Case #19CV344918 Envelope: 2973293 19CV344918 Santa Clara - Civil l'x) 13 14 15 16 17 18 19 10410 N. Stelling Road, Cupertino, CA 95014 (APN: 326-30-094) 26 Alpine Avenue, Los Gatos, CA 95030 (APN: 529-37-042) 7825 Lilac Court, Cupertino, CA 95014 (APN: 359-03-028) 10191 Santa Clara Avenue, Cupertino, CA 95014 (APN: 326-22-036) 5401 Claremont Avenue, Oakland, CA 94618 (APN: 14-1273-16) 118 Telles Lane, Fremont, CA 94539 (APN: 0401-073-02) 3. DMJ is the Owner ofrecord of each of the 6 residential properties listed in paragraph 2. I am the managing member for the limited liability company. Attached as Exhibits A-1-6 are the 6 Grant Deeds through which DMJ received title. DMJ purchased these properties to demolish the existing residence (if one exists) and receive necessary permit approvals fiom the city to build a new home and resell them on the open market. To fund these projects DMJ uses a combination of institutional lenders and individual private money lenders due to the relatively short length of the loans needed (for example one year) and the fact that the property is under construction Vhtually from the day it is purchased. The institutional lenders are sometimes refen‘ed to as “hard money” lenders. Typically the loans used to buy property can be a shofl tenn hard money loan or combined with a construction loan to be used to make the improvements to a property. Construction loans do not disburse building funds to the borrower but rather they use a “builders fund control” type of tmst account to pay an invoice afier being satisfied the work billed for (01' installment) has been completed. 4. The loans needed to acquire and remodel for resale are expensive when compared to a standard homeowner residential loan. Therefore, those participating in loaning money for the acquisition, remodel and salefiof a property 199k for large rates ofretum many times that ofhome loans. Due to the short-term nature of the loans, it is not uncommon that the loans are needed to be refinanced during the renovation and prior to sale. 5. DMJ has two (2) incomplete contractual agreements with Plaintiffs. The written - 2- DECLARATION OF DAVID HERRERA m SUPPORT 0F DEFENDANT’S MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION [LIS PENDENS] ['0 10 11 l3 14 15 l6 17 l8 19 agreements titled Joint Venture Agreement (described as IVAG 1 and JVAG 2 in Plaintiffs Complaint) were prepared by Plaintiff. He had been a successful private lender on a prior property with DMJ. The current agreements were entered into at different times and the financial contribution from Plaintiffs for each were used to acquire a specific single property. One such property has been referred to as Leigh/Weeth. These two street names have been used as the property was located on the corner of both streets. The address was changed to Weeth while under the ownership of DMJ the assessor parcel remained the same. The agreements provided DMJ would take title to the specified property for the objective of the joint venture. Neither the Weeth or Claremont transactions provided for Plaintiff to take title or have a real property interest. Upon completion of each agreement the profit or loss would be calculated and Plaintiff would paid according to the agreement if there was a profit or if a loss the amount of loss would be allocated. 6. The Joint Venture Agreement on Weeth by its terms was intended to end (terminate) on the earlier of the sale of the specific propexty or written consent of all “Ventm‘ers”. (Alficle VI) With the Weeth property, it was sold and title transferred on January 29, 2019. The agreement has ended between Plaintiff and DMJ under its tefins. Afier the close of escrow, there were items of additional work necessary for the new owner that took longer than expected. This has delayed the final accounting and distribution of funds, as has this lawsuit. Plaintiffs have been advised through my counsel the project suffered a loss. This should not come as a smprise to Plaintiff as I provided accountings to him until Iwas told by the Plaintiff via email not to bother any more. We were in need of money 1112018 'to’ complete the Weeth preject and When I requested Plamtlff‘ provide “make up” funds under the tenns ofthe agreement (Article II paragraph 2.3), he declined to do so. Ihad to look elsewhere to have funds to complete the Weeth project. Under the tenns of the Weeth Agreement, Plaintiffs were to share in profits and losses at 20% to Plaintiff and - 3- DECLARATION OF DAVID HERRERA IN SUPPORT 0F DEFENDANT’S MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION [LIS PENDENS] [‘0 10 11 l3 l4 15 16 l7 18 19 80% to DMJ. 7. The Joint Venture Agreement on Claremont is continuing and will do so until the property is sold despite the active interference ofPlaintiff and the filing ofthis lawsuit. Plaintifi‘s actions in recording the Lis Pendens are hampering the ability of DMJ to complete the project. I am informed and believe the presence of the Lis Pendens is in violation of the lending covenants of the refinancing lender of April 2019. These are the promises DMJ made at the time of the refinance in April of this year to keep the property flee of additional liens and encumbrances. With the presence of the Lis Pendens the lender couldrefuse to advance construction funds to complete construction. This Will have a cascading effect on the contractors and vendors if DMJ is unable to pay them fiom the construction fund reserve. There is an interest reserve amount that was included in the total loan provided by the refinance lender in the amount of $105,000. The first interest payment was made fi'om the interest reserve on June 1, 2019. The starting amount for interest due monthly is $27,655.83. The interest payment due increases as funds are drawn from the construction fund control account by DMJ towards the project and its completion and sale to retail buyers. The total estimated interest payable for this proj ect under the newly established loan is $277,076.64, which is $172,076.64 short ofwhat is needed. The Lis Pendens has prevented DMJ from obtaining funds to continue making interest payments once the interest reserve is fully used up. In addition, the refinance loan does not cover property taxes. Therefore, property taxes are another project expense that Will require payment to remain compliant with the lender’s conditions/requirements, and the Lis Pendans has also prevented DMJ from obtailfiug’fundsfor'thisexpense. If a default occurs, foreclosureT'S’a’l’endeHiy. 1n that event all “Ventm‘ers” will lose. The total loan amoxmt that DMJ is accountable to and therefore put at n'Sk with the presence of the Plaintiffs Lis Pendans is $4,366, 135. The Plaintiff’s investment in this project is also at risk, with the investment amount at stake for losing being $531,000. - 4- DECLARATION OF DAVID HERRERA N SUPPORT OF DEFENDANT’S MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION [LIS PENDENS] I‘D 10 11 13 14 15 l6 l7 18 19 I intended Plaintiff to be a lender “paflner” or “Venturer”. 8. The Alpine, Lilac, Santa Clara Ave., N. Stelling and Telles properties are completely unrelated projects to the above described in which Plaintifi is invested in. Plaintiff is not a lender on any one of the 6 projects against which the Lis Pendens were recorded. Plaintiff was never intended to be an owner nor receive title to any of these properties; Fufihermore, DMJ and Plaintiff'never entered into any Joint Venture Agreement or similar Agreement whereby DMJ 9. The presence of the lis pendens (Notice of Pendency of Action) effectively blocks DMJ’s ability to effectively manage all projects timely completion as well as obtain loans necessary to start and/or complete construction to then sell for an estimated profit the Alpine, Lilac, Santa Clara Ave., N. Stelling and Telles Properties and pay off all loans, principal and interest, against them. In my view Plaintiff is proceeding in this manner to attempt to ruin DMJ and the business it is in. He threatened to do so by threatening to contact business associates, mentors and “identified over 150 relatives” “so they understand 110W they might be linked to your fraud suit”, in an email dated Februaly 4, 2019. (A con‘ect copy is attached as Exhibit B) 10. Time is of the essence in the Court’s hearing of this Motion to Expunge Lis Pendens. Based upon the ongoing projects and the need to refifiance Telles and obtain construction financing for Alpine these projects will fail without an expungement order fiom this Court. All of the Properties marketability is frozen. The dispute between Plaintiff and DMJ is one for damages, not for any propefly interest. 11. I am informed and believe that my counsel has made multiple requests that Plaint'iffls'counseliremove"thepending ilisipendens *by' recordmgiaiNotice'of*Withdrawaer3*0f* the date of this declaration, Iam not aware that any such action has occurred and have authorized my attorney to move forward with this motion. 12. Irespectfully request the Court grant this motion to expunge the lis pendens. - 5- ‘ DECLARATION OF DAVID HERRERA IN SUPPORT OF DEFENDANT’S MOTION TO EXPUNGE NOTICE OF PENDENCY 0F ACTION [LIS PENDENS] 15 16 17 18 l9 \/ \ \/ I declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct and that this Declaration was executed on June 4, 2019, at San Jose, California. W DAVID M. HERRERA .. 6.. DECLARATION OF DAVID HERRERA IN SUPPORT 0F DEFENDANT ’S MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION [LIS PENDENS] Exhibit A-1 IL \x **Thls da’ (“pt was electronically submitted ’ f . ‘ to Santa k .County for recording“ RECORDING REQUESTED av _ Regina Alcomendras I Stewart Title Of California. Inc. Santa Clara County - Clerk-Recorder AND WHEN RECORDED MAIL DOCUMENT TO: 03/29/201 8 11:26 AM NAME DMJ Hume Solutions. LLC. A Nevada limiied liability co. I Titles: 1 PageS: 4 Fees: $24.00 233:1; 2059 Camden Avenue, #1 54 Tax: $1 342.50 Total: $1866.50 33905;?“ San Jose. CA'95124 APN: 326-30-094 Escrow No. 01 180-292684 SPACE ABOVE FOR RECORDER'S USE ONLY Grant Deed Title of Document DOCUMENTARY TRANSFER TAX s 1,842.50 COMPUTED 0N FULL VALUE 0F PROPERTY CONVEYED, 0R D COMPUTED ON FULL VALUE LESS LIENS & ENCUMBRANCES REMAINING AT TIME OF SALE D EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO: X Signature of declarant or agent determining tax Pursuant to Senate Bill 2 - Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018. a fee of seventy-flva dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper. or notice required or permitted by law to be recorded, except those expressly exempted from paymentof recording fees. per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). ‘ Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax D Exempt from fee per GC 27388.1 (a) (2); recorded concurrently “in connection with" a transfer subject to the Imposition of documentary transfer tax (DTT). E~Examptvfrom~feeiperrGG~2773884(a)7(2);recordedrconcurrentlyi'in connectionrwlth'laitransferrofirealpropeny~thatiisia residential dwelling to an owner-occupier. D Exempt from feg per GC 27388.1 (a) (1); fee cap of $225.00 reached. D Exempt from the fee per GC 27388.1 (a) (1); not related to real property. MAIL TAX STATEMENTS TO THE RETURN ADDRESS NOTED ABOVE THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION _ ($3.00 Additional Recording Fee Applies) . f \i, “#23898951 Page2_of4 RECORDING REQUESTED BY: Stewart Title of California, Inc. WHEN RECORDED MAIL TO: MAIL TAX STATEMENT TO: DMJ Home Solutions. LLC. A Nevada limited liabilty company 2059 Camden Avenue #154 San Jose. CA 95124 ORDER NO. 01 1 80-292684 ESCROW NO. 01180-292684 APN: 32680-094 Property Addr: 10410 North S‘elling Road. Cupertino. CA 95014 SPACE’ABOVE THIS LINE FOR RECORDERS USE GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(S) DOCUMENTARY TRANSFER TAX is: $1,842.50 CITY TAX $0.00 Monument Preservation Fee is: $ Explanation of Exemption: X computed on full value of property conveyed, or computed on full value less value of liens or encumbrances fl ___ Sfc remaining at time of sale. - - @ignature of Dec‘fi? orAgent Determining TaxUnincorporated area: X City of Cupertino FOR 'A'VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Precious Equity, lnc., A Virginia Corpoyation hereby GRANT(S) to DMJ Home Solutions. LLC. A Nevada limited liabilty company the following described real property in the City of Cupertino, County of Santa Clara, State of California: SEE EXHIBIT "A" ATTACHED HERETO Date: March 07, 201 8 MAIL TAX STATEMENT AS DIRECTED ABOVE File No.1 01180-292684 Page 1 of 3 Grant Deed Sale BP SCE ' 5 W ‘70 #23898951 Page 3 of4 PRECIOUS EQUITY, INC. Finks, Director A notary public or other officer completing this cedificate verifies onty tho identity of the individual who signed the document to which this certificate is attached and not tho truthfulness. accuracy, or validity of that document State of County of ' _ .0M q IA°\ g before . meWm Notary Public personally appeared0n: 0%- E: Si.- .m :Egmgg who proved to me on the basis of satisfactory ev ence to be the person(s), whose name(s) is/are subscribed to the within instrumant and acknowledged to me that ha/ she/they executed the same in his/her/meir authorized capacltyaes), and that by his/herflheir signature(s) on the instrument the person (s) or the entity upon behalf of which the person(s) acted. executed the instrument. ‘ l certify under PENALTY OF PERJURY under the laws of the State of California that the foregolng paragraph is true and correct. WITNES and and official seal. SignaturéK-{fiam R W (seal) Geraldine A Gribben Commonwealth of Virginia Notary Public l- Commisslon No 346792 My Commission Explres 2129/2020 File No.2 01180-292684 Page 2 of 3 Grant Deed Sale BP SCE h/ Ta: #23898951 Page 4 of4 EXHIBIT "A" LEGAL DESCRIPTION Lot 100, Map of Tract No. 783, Garden Gate Village Addition, filed September 6, 1950. inMW a1 32 and 3;, Santa Clara County Records. APN: §2§~30-0§5 File No.’ 01180-292684 Page 3 of 3 Grant Deed Sale BP SCE Exhibit A-2 I, 3x A u RECORDING REQUESTED BY: Fidelity National Title Company 239501 10 Regina fllcomendras Santa Clara County - Clerk-Recorder . 06/06/2018 03:45 PM When Recorded Mail Document mugs: 1 pages- a and Tax Statement To: Fees. 3‘ w David Herrera Taxeé: $1765.00 DMJ Home Solutions, LLC. a Nevada Limited Ma“ ”35-00 Liability Company 2 Pierre Avenue, Apt. 31 O San Jose, CA 95110 If" Mhflflflfi’ah'flfl‘fifwm WWIMWIN ll l“ SPACE ABOVE THIS LINE FOR RECORDER‘S USE Exempt from fee per GO 27388.1 (a) (2):. recorded In connection with a transfer of real property that is a residential dwelling to an owner-occupier. Escrow Order No.: FSBC-4031800614 Property Address: 26 Alpine Avenué, Los Gates, CA 95030 APN/Parcel |D(s): 529-37-042 %Wedfmflfi>(--‘ rantor(s) declare(s) [I'obinJ. Core, Trustee GRANT DEED D This tran fer'Is exampt from the documentarytransfer tax. M The doc ,mentary transfer tax'xs $1,705.00 and Is computed on: M the full value of the interest or property conveyed. D the full value less the liens or encumbrances remaining thereon at the time of s'ale. The property is located in E the Town of Los Gates. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Tobin J. Corey and Susan L. Corey, Trustees ofThe Tobin Corey and Susan Corey Trust u/t/a. dated June 12, 1999 who mgq‘QW-Efi Aakm, QS «O‘a'v/x L. QQWQQ hereby GRANT(S) to DMJ HOme Solutions, LLC a Nevada Limited Liability Company the following described real property in the Town of Los Gatos, County of Santa Clara. State of California: SEE EXHIBIT "A" ATTACHED HERETO ANDMADE A PART HEREOF MAIL TAx STAfEMENTs As DIRECTED ABOVE Printed: 06. 04 1B @ 04: 59 PMGrant Deed SCA0000129.docl Updated. 11'. 20. 17 CA-SFT-FSBC-01 500.080403- FSBC-4031800614 a exmsrr d- 2.. ’ ' J ' f 713 #23950110 Page 2 ofs v' GRANT DEED (continued) APN/Parcel |D(s): 529-37-042 Dated: June 4. 2018 IN WITNESS WHEREOF. the undersigned have executed this document on the date(s) set forth below. The in‘Co e and Susan Corey Trust u/t/a. dated June 12. 1999 -/BY: - ob' J. C ey. fiustee BY: usa L. Corey. Trustee A notary public or other officer completing this certificate verifies 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 document. State of CA, County of Sm CLAQA On O(o E091! k3 before me, fAsDnl Wflfl , Notary Public. (here Insert nam'e and title of the officer) personally appeared QM) T. ( g9% m gm ( a va who proved to me on the basis of satisfactory ev dence to be the person(s) whosé name s) isWsubscribed to the within instrument and acknowledged to me that helshe/ercuted the same in his/her/ authorized capacity(ies). and that by his/herlt® signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY 0F PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signat e -- ’ JASON HERRERA(Seal) 3‘" Notarypubnc-camomia Santa Clara County I ‘I Commission ii £24185Mum2.2m, 7 7 Granl Deed ' Printed: 06.04.18 @ 04:59 PM SCA0000129.doc/ Updated: 11.20.17 CA-FT-FSBC-O1 500.080403-FSBC-4031 800614 ’ ‘ ' J ' i' ‘33#2395o110 Pagesofa > i ' EXHIBIT "A" Legal Description For APNIParcel |D(s): 529-37-042 THE LAND REFERRED T0 HEREIN BELOW lS SITUATED IN THE TOWN OF LOS GATOS. COUNTY OF ' SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: . ALL 0F PARCEL 1. WHICH MAP WAS FILED FOR RECORD IN THE OFFICE 0F THE RECORDER 0F THE COUNTY 0F SANTA CLARA. STATE 0F CALIFORNIA 0N FEBRUARY 24. 1992 IN 300K 634 0F MAPS, AT PAGE(S) 24 AND 25. ' ' Grant Deed Pn’nled: 06.04.18 @ 04:59 PM SCADOOD129.doc/Updated2 11.20.17 . CA-FT-FSBC-01500.080403-FSBC-4031800614 Exhibit A-3 “This docy’ K \yt was electronically submitted to Santa Ck. _ County for recording“ 23773557 Regina Alcomend ras ' RECORDING REQUESTED BY: _ _ Santa Clara County - Clerk-Recorder Chicago Title Company 10/1 1/2017 03:39 PM Titles: 1 Pages: 3 Fees: $31 .00 . Tax: $1923.90 ' When Recorded Mall Document Total; $195490 and Tax Statement To: DMJ Home Solutions LLC 105‘! Camden Ave. sum I94 Sam $056, CA 0191M V \j Escr°w~order No; FWPS-2995171 107 SPACE ABOVE THIS LINE FOR RECORDER‘S USE Property Address: 7825 Lilac Court, Cupertino, CA 95014 APN/Parcel lD(s): 359-03-028 GRANT DEED The_undérsigned grantor(s) declare(s) I - D This transfer is exempt from the documentary transfer tax. ' M The documentary transfer tax is $1,923.90 and is computed on: M the full value of the interest or prop'erty conveyed. U the full value less the liens or encumbrances remaining thereon at the time of sale. The property'Is located In M the City of Cupertino. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cindy La and Barry Vo. wife and husband as community property with right of survivorship hereby GRANT(S) to DMJ Home Solutions, LLC, a Nevada limited liability company the following described real preperty in the City of Cupertino, County of Santa Clara, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated: September 25, 2017 IN WITNESS WHEREOF, the undersigned have executed this document on the date(s)'set forth below. iCiMy La ‘ 7 Barry Vo MAIL TAX STATEMENTS AS DIRECTED ABOVE Grant D'eed ' Primed. 09.25. 17 @ o4.4o PM smoocmzam I Updated: 05.24.16 _ CA CT prs 02180.052995 prs-2995171107 [fa - .- u- ”...w. . gxniarrfig 'f r; § #23773557 Page 2 of 3‘J GRANT DEED ' (continued) APN/Parcel |D(s): 359-03-028 A notary public or other officer completing this certificate verifies 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 document. State of 032WCounty of WU . On /’0 Q / 7 before me, E N a E . Notary Public, (here Ins Ome and title of the officer) personally appeared CmflJ/L LQ- “F WW who proved to me on the basis ofstisfactory evidence to beh perso@whose nam s)iI/@ subscribed to the within instrumentwnowledgg o me that helsfl? exe d the same in hislher/ authorized capaci @, and that by his/h Itheir- ignatur s on the Instrumen persflg); or the entity Upon behalf of which the perSun ) acted, executed th ' rument l certify under PENALTY 0F PERJURY under the laws of the State of California that the foregoing paragraph'Is true and correct. WITNESSQhaW andgofiicial seal. , ‘mfihM t E. NITE Commission # 2054353 Notary Public - California Santa Clara CountySignature ' M Com r . (Seal) WWV _m. EXIresFZ 2018 Grant Deed Printed: 09.25.17 @ 04:40 PM SCA0000129.doc / Updated: 05.24.16 CA-CT-FWPS-021 80.052995-FWPS-29951 71 107 \fl/ E77 \;#23773557 Page 3 of'3 EXHIBIT "A" ‘ Legal Description For APNIParcel |D(s): 359-03-028 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY 0F CUPERTINO. COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 53, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "TRACT NO 2536". WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER 0F THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON OCTOBER 14, 1959 IN BOOK 113 OF MAPS. PAGES 6 AND 7. I EXCEPTING THEREFORE THE UNDERGROUND WATER RIGHTS BUT WITHOUT RIGHTS OF SURFACE ENTRY. AS GRANTED TO SAN JOSE WATER WORKS, A CALIFORNIA CORPORATION, BY INSTRUMENT DATED OCTOBER 27, 1959 AND' RECORDED OCTOBER 27, 1959 IN BOOK 4587 OF OFFICIAL RECORDS, PAGE 484. Pn'nled: 09.25.17 @ 04:40 PMGrant Deed SCA0000129.doc I Updated: 05.24.16 CA-CT-FWPS-02180.052995-FWPS-2995171 107 Exhibit A-4 RECORDED BY REQUEST OF FIDELlTY NATIONAL TlTLE RECORDING REQUESTED BY: /,A, “This dd\ . ent was electronically submitted to Santa Clara County for recording“ 23850549 Regina Alcomend ras Santa Clara County - Clerk-Recorder 01/17/2018 02:58 PM Titles: 1 Pages: 3 Fidelity National Title Company Fees. $41 00 Tax: $1947.00 Total: $1 988.00 When Recorded Mail Document and Tax Statement To: DMJ Home Solutions, LLC. a Nevada Limited Liability Company 175 Calven Drive. Apt.#C104 Cupertino, CA 95014 SPACE ABOVE THIS LINE FOR RECORDER‘S USE Exempt from fee per GC 27388.1 (a) (2); recorded concurrently in connection with a transfer subiecl (o lhe imposition of documentary transfer tax. Escrow Order No.: FSBC-4031701603 Property Address: 10191 Santa Clara Avenue, Cupertino. CA 95014 APN/Parcel |D(s): 326-22-036 GRANT DEED v1; dal, 2'5); - oer D This transfer is exempt from the documentary transfer tax. E The documentary transfer fax is $1,947.00 and City Tax is $. O- 00 and is computed on: B’ the full value of the interest or property conveyed. D the full value less the liens or encumbrances remaining thereon at the lime of sale. The property is located in E the City of Cupertino. FOR A VALUABLE CONSIDERATION, receipt o_f which is hereby acknowledged. Da Homes. LLC. a Nevada limited liability company hereby GRANT(S) to DMJ Home Solutions, LLC. a Nevada Limited Liability Company the following described real property in the City of Cupertino, County of Santa Clara. State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF MAIL TAX STATEMENTS AS DIRECTED ABOVE Grant Deed Printed: 01.11.18 @ 10:20 AM SCA0000129.doc I Updated: 11.20.17 CA-FT-FSBC-D1500.080403-FSBC-4031701603 EXHIBHM ‘ Vinxfii 1 '1 w (K b ,( W wc #23850549 Page 2 of 3 GRANT DEED (continued) APN/Parcel |D(s): 326-22-036 Dated: January 11. 2018 IN WITNES WHEREOF, the undersigned have ex'ecut'ed this document on the date(s) set forth below. Da H - ' ' 'ompany A notary public or other officer completing this certificate verifies 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 document. State of 03W County of ma glgm ' On JAM 1 1 7018 before me, M5. Lucio (Ngtnmamfig' 3 , Notary Public. (here insert name an'd title of fhe officer) personallyappeared 0mm”) EuagNé (15W 0M . MA 9 CMMDN W . who proved to me on the basis of satisfactory evidence i0 be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. ' _ . l-certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ff ial seal. M. S. LUCIO Notary public - Call’omla _ , Santa (lava County ESignature CommissionIZVSOMB ‘ MS. Lucio (NOW WW6) (Seal) l “Hi" MyComm.ExpiresMay22.zozo i Gran! Deed Printed: 01.11.18 @ 10:20 AM SCADOOO‘I 29.doc l Updated: 11.20. 17 CA-FT-FSBC-D1500.080403-FSBC-4031 701 603 Exhibit A-5 \./, i ' r \ ‘ I RECORDING REQUESTED BY: C" ' l .\ Old Republic Title Company V . 2017164419 05/11/2017 10. 06 RN Escrow No.: 0812013996 ' ’h oFFICIaL Regans 0F nLnnEDn coumv APN: 014-1273-016 S‘E‘éfiogg’ifis FEE. 4o oo C: coumvnmx 22351 5° - When Recorded Mall Do'cument and Tax Statements to: m (?SPG uc t Hlllll llilHHHIHIH || || ||| ||2059 Camden Avenue ,9 San Jose, CA 95124 SPAGABOVE 77115 LINE IS FOR REwRDERS USE Corporation Grant Deed The undersigned grantor(s) declare(s): Documentary Transfer Tax is $2,051.50 (X) computed on full value of property conveyed, or ( ) computed on full value |ess_ of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of Oakland $27,975.00 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Smart Growth, Inc, a Nevada Corporation and In the Now Investmens, Inc. a Californla Corporation and Keokuk Living, Inc.,a California Corporation, as tenants'In common hereby GRANT(S) to DMJ Home Solutions, LLC I a. Cal Karma. LAM A-cé L-w-Lt‘ 41/ Comm that property'm City of Oakland, Alameda County, State of California, described as. * * * See "Exhibit A" attached hereto and made a part hereof. * * * Date: April 27, 2017 In Witness Whereof, said corporation has caused its corpofate name and seal to be affixed hereto and this instrument to be executed by Its duly authorized officers. In the Now Investments, Inc., a Ca lfornia Corporation Keokuk Living, Inc., a California Corporation By ”fizz”- W: 4.1,.»A‘ : - ' t Rya B ,Vlce resident MatEhew A. Martin, Pr‘ésident Smart Growth Inc., a N da Corporation By: Christopher Porto, President EXHIBIT-Agf ‘ Grant Deed MAIL TAX STATEMENTS AS DIRECTED ABOVE Pége 1 of 2 \/V‘ A notary public or other officer completing this certificate verifies 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 document. 5 . % State of- QMO‘NQ - County of -‘ V#flgmgdL. , ‘ 0n 0". 28‘3“? be'forg me, ?‘QMSWR Q94 a Notary Public, personally appeared Qb‘ Tish?hgg_ 320140 ; ’1‘!de xw V . yvl'fo proved to me on the basis of satls actory evidence to be the person(s) whose name(v) is/are subscribed t9 the Within instrument and acknowledged to me that he/shekhey executed the same in his/herftheir authorized capacctyGea), and that by his/hea‘eheir signaturem on the instrument the persona), or the entity upon behalf of which the personQS) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - . ‘ , WITNESS my hand and o ' . . _ PUBLIc- L . ‘ . MW» Signature. v Commism eszresSEPTEMBER 1a. 2018 Name; flam/r& (Typed or Printed) (Seal) g WWW. KWWW AL M. CouM/NY rgStd“ WV'm 0:2wa ‘z' mg Grant Deed Order No. 0812013996 Page 2 of 2 \d” A notary public or other cfflcer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate ls attached, and not the truthfulness, accuracy, or validity of that document. State of Callfomig County ofgmgmg 0n the May 93. 2912 before me, Julie Jamgg a Notary Public, personally appeared Matthgm A. Mgmn, who proved to me on the basls of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the wlthln Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I I - r. -, LIE JAWITNESS my hand nd offlcl l. :4 comwgzxfigs 3 - o .. .., ~°$LSU$C¢3A¢L§°TRYMA8 Slgnature: \ \ V 5, “ ‘; comm.emeESMARCH23.2ms-tu Name: @ U (Typed or Printed) (Sean JJ/fi Exhibit A-6 \ ; I I RECORDING REQUESTED BY: OFFICIAL RECORDS 0F nmnann COUNTY stave mNNGNI RECORDING FEE. 37. oo coumv mx- 154nm When Recorded Mail Document DMJ Home Solutions, LLC a Nevada Limited Liability Company (\X)’ pm” m m 2059 Camden Ave, Suite 154 , Q San Jose, CA 95124 M Title No.: 2_1 7533285 ‘ SPACE ABOVE THIS LINE FOR RECORDER‘S use Escrow Order No.: FSBC-0271701450 Property Address: 118 Telles Lane, Fremont, CA 94539. APN/Parcel |D(s): 513-0401-073-02 GRANT DEED The undersigned grantor(s) declare(s) Tmmhfww W‘- 5 \(L‘LCo/OOO ‘60 D This transfer'Is exempt from the documentary transfer tax. M The documentary transfer tax'Is $1,540.00 and is computed on: W the full value of the interest or property conveyed. D the full value less the liens or encumbrances remaining thereon at thetime of sale. The property is locate‘d in M the City of Fremont. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Ge Li Sun a married woman as her sole and separate property ./ hereby GRANT(S) to DMJ Home Solutions. LLC a Nevada Limited Liability Company the following described real property in the City of Fremont, County of Alameda, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated: October 6, 2017 IN WITNESS WHEREOF. the undersigned have executed this document on the date(s) set forth below. //<__J A Ge mi_wifim ,, , ,,, W, , MAIL TAX STATEMENTS AS DIRECTED ABOVE Grant Deed Printed: 10..06 17 @ 12:51 PM CA-FT FSBC-01500.080027- FSBC-0271701450 SCA0000129.doc l Updated: 05.24.16 exulandé (fr: GRANT DEED (continugd) APN/Parcel |D(s): 513-0401-073-02 A notary public or other officer completing this certificate verifies 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 document.- State of _Cfié/FJI/V/fl County of gdfi @I‘z 0n 007. /Jr/ gé/7 before me, fl« fifilflfi . Notary Public, (here insert name _and title ofihe officer) personally appeared éé L/ g3 MAI. A . who proved to me on the basis of satisfactory evid nce _to be the person(SS whose name(flflgare subscribed to the within instrument d acknowledged to me that he/éthey executed the same in his.their authorized capacity(ie;px and that by his/fieir signaturem on the instrument the person(p‘f, or the entity upon behalf of which the personM acted, executed e instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and Correct. Santa CIara County WITNESS m hand and icial seal. ,_ I ‘ z ‘ Ex-ires Dec. 30. 2018' Signature _ . . ' ...... ’ (Seal) 0. TRUONG .3 COMM. #2092080 -.= Notary Public - California LOHN Printed: 10.06.17 @ 12:51 PMGrant Deed SCA0000129.doc I Updated: 05.24.16 CA-FT-FSBC»01500.080027-FSBC-0271701450 File No: 217533285 EXHIBIT "A" THE LAND REFERRED T0 HEREIN IS SITUATED IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL ONE: PARCEL 1 OF PARCEL MAP 9357, IN THE CITY OF FREMONT, COUNTYOFALAMEDA, STATE OF CALIFORNIA, FILED NOVEMBER 17, 2010, IN BOOK 316 OF MAPS, PAGES 45 AND 46, OFFICIAL RECORDS OF ALAMEDA COUNTY RECORDS. EXCEPTING THEREFROM: BEGINNING AT A POINT 0N THE NORTHEASTERLY LINE 0F MIs‘srom BOULEVARD, FORMERLY STATE HIGHWAY, 80.55 me, SAID POINT BEING THE SOUTHWEST CORNER 0F pARCEL 1 0F-W (316 M 45-45); THENCE NORTHWESTERLY ALONG THE COMMON LINE 0F MISSION BOULEVARD AND PARCEL 1 0FW (316 M 45-46) NORTH 30°43'52" WEST 31.00 FEET To THE SOUTHWEST CORNER 0F PARCEL 0N5 As DESCRIBED IN THE GRANT DEED To EFFYIs HOMES LLc, A CALIFORNIA LIMITED LIABILm COMPANY, As RECORDED MAY 19,.2008 UNDER SERIES N0. 2008162387, OFFICIAL RECORDS 0F ALAMEDA COUNTY; THENCE ALONG THE GENERAL SOUTHERLY LINE 0F SAID pARCEL ONE (2008162387) THE FOLLOWING THREE COURSES: ~1) NORTH 59°04'04" EAST, 49.00 FEET; THENCE 2) SOUTH 30°55'56" EAST, 5.50 FEET; THENCE - 3) NORTH 59°04'04" EAST, 51.22 FEET TO THE SOUTHEAST CORNER 0F SAID PARCEL ONE (2008162387); THENCE SOUTHEASTERLY ALONG A DIRECT EXTENSION OF THE EASTERLY LINE 0F PARCEL QNE (2008162387) SOUTH 30°46'30" EAST 25.50 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 1 OF PARCEL MAP 9537 (316 M 45-46); THENCE SOUTHWESTERLY ALONG THE SAID SOUTHERLY LINE SOUTH 59°04'04" WEST 100.26 FEEI' T0 THE POINT OF BEGINNING. RESULTANT PARCEL ONE CONTAINS 14, 750 SQUARE FEET, MORE 0R LESS, AND IS SUBJECT TO ALL EXISTING EASEMENTS. PARCEL TWO: A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES ALONG WITH ALL INCIDENTS THERETO, OVER, ALONG AND THROUGH THAT PORTION 0F PARCEL 2 OF SAID PARCEL MAE 2537 SHOWN AS TELLES LANE, FOR THE BENEFIT OF PARCEL ONE HEREINABOVE, OF SAID PARCEL MAP 9537. PARCEL THREE: A NON--EXCLUSIVE EASEMENT FOR JOINT ACCESS PURPOSES, ALONG WITH ALL INCIDENTS SHOWN AS J.A E. FOR THE BENEFIT 0F PARCEL ONE HEREINABOVE, OF SAID PARCEL MAP 9537 PARCEL FOUR: A NON-EXCLUSIVE EASEMENT FOR PRIVATE STORM DRAIN-PURPOSES, ALONG wrrH ALL INCIDENTS THERETo, OVER, UNDER, ALONG AND THROUGH THAT PORTION 0F pARCEL 2 0F SAIDmm, SHOWN As P.s.D.E., FOR THE BENEFrr 0F PARCEL ONE HEREINABOVE, 0F SAIDW- CLTA Preliminary Report Form - Modified (11-17-06) Page 3 Exhibit B \‘/ From: Arvind Agarwal Date: Mon, Feb 4, 2019 at 10:31 PM Subject: Personal E-mail To: David Herrera , Eric Foglesong CC: SANJAY AHUJA David and Eric, | am not including anyone else on this e-mail. READ THIS CAREFULLY. | really hope you are working towards a resolution and not focused on continuing fraud after five assets that were secured by our Agreements that were sold in pure violation of our Agreements. Right now it really seems like the later based on your silence. I hope ydu realize in the event of fraud, which is being clearly demonstrated today with the sale of Leigh having taken place by you and your, accomplishes on 1/29/2019, any financial transaction made in the past two years can be reversed. In other words if you have transferred money to someone from the sale of any of the five properties in the hopes of hiding it (Claremont being the sixth as well if you guys have done some type of illegal transfer) can be re‘versed by the court. With the clear intention of fraud being demonstrated, you might want to google the term "treble damages" which is what we will go after. This includes all your personal assets until you declare bankruptcy. Please let everyone that was your accomplish and their spouses in this fraud know what the implications entail, including the relatives that are linked with you. We have identified over 150 relativés to contact for you guys so they understand how they might be linked to your fraud lawsuit. David and Eric, I really trusted you guys on a hand shake. I really hope you guys are honest guys'and just realized you """imade’mistakeS*and:trying*toifixrit. I hope to hear from you with a resolution byitomorrowrfilrreallyihoperyouhave not been spending your tim'e on the later to ‘hide money. It will not be pretty. Bankruptcy can be a problem for a long while. I know Dan has been through it twice and you might want to ask him what he went through. He has a background that not everyone would want to be associated with. ljust learned that he went through chapter 7 and 13. We do not want to demonstrate that three is a charm. | plan to contacting Than at FortuneBuilders as well with these facts tomorrow. Thanks, Arvind. 1 EXHIBIT e
