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 lO ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 competently thereto. 3. On 0r about March 20, 2019, Plaintiff filed its complaint in the underlying action. (RJN Exhibit A) On May 6, 2019, upon being informed that a Notice of Pendency 0f Action had been received in a pending refinancing éscrow on property commonly described as 118 Telles Fremont California, I initiated an investigation 0n behalf of my client, DMJ HOME SOLUTIONS, LLC. (“DMJ”) The initial document I received had no recording information so I requested the title company attempt to determine ifthe documént had actually been recorded. The pending transaction, I was advised, had been funded to the title company in preparation of the closing. I reviewed the Complaint which is styled as a “claims for breach of contract, fraud/negligent representation breach of good faith and fair dealing and an accounting”, I determined that by the nature of the pleadings, Plaintiff had failed to assert a real property claim against my client as defined in C.C.P. Section 405.4. 4. On May 6, 2019 I sent an email to Plaintiff’s counsel, Brian Affi'unti and Douglas Dal Ciélo. Both'responded, asserting their client had claims as a result of two documents entitled Joint Venture Agreement executed between Plaintiff and Defendant. The email was sent in an effort to meet and confer regarding the impropriety ofthe lis pendens a_md the immediacy ofthe withdrawal regarding the pending Telles refinance transaction. I requested that Plaintiff withdraw the lis pendens. A true and correct copy ofmy email dated May 6, 20 19 and Plaintiff s counsels’ responses, are attached hereto as Exhibit A, and incérporated herein by reference. 5. Upon his retum t6 his office 0n May 7, 2019 I received a further reply from Mr. Dal Cielo. This led to a telephone conversation later that afternoon. Mr. Dal Cielo advised that his office had done a title search of the Bay Area and in addition t0 the Telles recording had recorded additional notices 0n 5 other propefties in the name of DMJ. He forwarded by email conformed copies of the recordings on the following properties in the County 0f Alameda ahd Santa Clara County: Original Recording a. 5401 Claremont Avenue, Oakland, California (Original recording #2019076979) b. 118 Telles Lane, Fremont, California (Original recording #2019079598) c. 10410 N. Stelling Road, Cupertino, California (Original recording #24168989) 2 DECLARATION OF WILLIAM B. CLAYTON, JR., IN SUPPORT OF MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION (LIS PENDENS) lO ll 12 13 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 d. 26 Alpine AVenue, Los Gatos, California (Original recording #24168990) e. 7825 Lilac Court, Cupertino, California (Original recording #24168991) f. 10191 Santa Clara Av., Cupertino, California (Original recording #24168992) 6. Shortly after our conversation, I was advised from the Telles escrow officer Jason Herrera 0f instructions he had received from the lender to wire the funds back to the lender in light of the presence 0f the recording on behalf of Plaintiffs from Mr. Dal Cielo’s office. Although I was prepared t0 forward to Mr. Dal Cielo a copy of the closing statement t0 allay his stated concern that my client was receiving funds from the fefinance the instruction by the lender to return the loan funds rendered the request moot. I advised Mr. Dal Cielo by email ofthe consequences ofhis actions on the refinance and the resultant damages my client would suffer as a result 0fthe inability t0 close the escrow. I also requested once again he remove the Lis Pendens. A true and correct copy of the email is attached as Exhibit B. . 7. As the conformed copies of the various Lis Pendens did not comply with CCP §405.22 I obtained copies 0fthe actual documents recorded. These confirmed the failure to comply with CCP§405.22 rendering them void. From this it became clear the void document recorded on behalf of Plaintiff had blocked the Telles refinanée resulting in damage to my client. On May 17, 2019 I wrote to Plaintiff’s counsel advising him of the void recordings and requesting once again that he withdraw the recordings and noting that his client’s claims were not real property claims as described in CCP§405.4. I also provided to him a copy of an independent value upon completion appraisal on the Claremont property for $6,554,000 and included a copy With the letter. A true and correct copy of the email is attached as Exhibit C. I also advised him that using the Lis Pendens statute to securitize his client’s claims and increase his negotiation leverage was a disfavored action per Urek Corp. 4v Superior Court I 90 Cal App 3d 1 141, I 149. The response t0 my letter came in the form of a simultaneous withdraWal and re- recording by Plaintiffs counsel’s office of all of the Notices of Pending Action on May 20, 2019‘. This affected the same properties: Second Recording 5401 Claremont Avenue, Oakland, California (#2019093484) 118 Telles Lane, Fremont, California (#2019093485) 10410 N. Stelling Road, Cupertino, California (#241 83363) 26 Alpine Avenue, Los Gatos, California (#241 83366) '99-ng 7825 Lilac Court, Cupertino, California (#24183365) 3 DECLARATION OF WILLIAM B. CLAYTON, JR., IN SUPPORT OF MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION (LIS PENDENS) 10 ll 12 13 l4 15 l6 l7 18 ’ 19 20 21 > 22 23 24 25 26 27 28 f. 10191 Santa Clara Avenue, Cupertino, California (#24183364) 8. On May 24, 2019 I spoke to Plaintiff s counsel once again to request withdrawal 0f the newly recordeddocuments. Once again we discussed issue I had raised about the overreaching actions in the blanket filings. I reminded him of the Telles result and further advised his new filings would block 'ar construction loan of the Alpine property thereby affecting my client’s ability to perform on that project. He declined 'to accépt my representations but wanted “proof” of the failed loan transaction on Telles and the upcoming transaction on Alpine. I reminded him of the projected fully completed value of the pending Claremont projeét. He acknowledged his client was aware of that valuation. 9. With no action forthcoming on my fequest to withdraw the Lis Pendens, on May 3 1 , 2019 I wrote t0 Mr. Dal Cielo providing the confirming information in Telles, despite the fact the} Complaint made no real property claim on this property, yet was the target of the recording. A true and correct copy 0fthe letter islattached as Exhibit D. I advised Mr. Dal Cielo, I would be requesting an award of attorney’s fees in making any motion to expunge the recorded documents. 10. - I have spent in excess 9f 29.95 hours performing legal services for Defendant DMJ in connection with Plaintiff’s recording of the six (6) lis pendens. The work has included reviewing the pertinent pleadings (Plaintiff’s complaint, the original recordings, Vthe second recordings) investigating the status of title on all six (6) properties, preparing the exparte application‘for court order to expunge or in the alternative an order shortening time to hear the instant motion, the instant motion t0 expunge and related moving papers, conducting research in connection with the six (6) lis pendens, including pertinent case and statutory authority, corresponding with Plaintiff s counsel, bothby email, by letter as set forth ifi the attached Exhibits and by telephonic discussions. My hourly rate is $350.00 per hour. Thus, the total fees t0 date equal $10,482.50. I anticipate my client having to incur additional fees find expenses in connection with the appearance at the exparte hearing and preparation of a reply brief in support of this motion and additional preparation for and attendance at the hearing ofthis motion. I will update the Court as to these anticipated fees and costs prior to or at the hearing 0f this motion. 4 V DECLARATION OF WILLIAM B. CLAYTON, JR., IN SUPPORT OF MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION (LIS PENDENS) 10 11 12 l3 l4 15 16 l7 l8 l9 20 21 22 23 24 25 26 27 28 I declare under penalty ofperjury under the laws of 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. WILLIAMB. CLAYTWR fl 5 DECLARATION OF WILLIAM B. CLAYTON, JR., IN SUPPORT OF MOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION (LIS PENDENS) Exhibit A William Clayton - From: William Clayton Sent: Monday, May 06, 2019 5:17 PM To: Dal Cielo, Douglas W.; Affrunti, Brian M. Cc: Lee, Helen Subject: RE: Argarwal Safe trip. My unsolicited advice. Pull that Lis Pendens by morning and we will each keep our powder dry. Bill William B. Clayton, Jr. Clayton & McEvoy P.C. 333 W. Santa Clara Street #950 San Jose, California 951 13 (408) 293-91 00 extn 120 (408) 293 4172 Facsimile wbc@clayton-mcevoy.com www.clayton-mcevoy.com CONFIDENTIALITY NOTICE: This email (including any attachments) is a.. confidential and privileged electronic communication protected from unauthorized use and disclosure by the Electronic Communications Privacy Act, 18 USC §2510. and may constitute information protected by the Lawyer- Client Privilege and the Attorney’s Work Product Protection Doctrine codified in California Evidence Code §§950-962, California Code of Civil Procedure §2018, and as promulgated by the United States Supreme Court in Standard 503 pursuant to the Federal Rules of Evidence. No one other than the intended recipient may use or disseminate the contents of this email or any attachments. If you are not the intended recipient, please notify the sender by return email and delete this email and any attachments. From: Dal Cielo, Douglas W. Sent: Monday, May 06, 2019 5:06 PM To: William Clayton ; Affrunti, Brian M. Cc: Lee, Helen Subject: Re: Argarwal Bill, | am out of town returning tomorrow afternoon. Perhaps your clients should have thought of this real possibility before materially breaching the JV Agreements, by among other things, not receiving authority to spend in excess of $2,500 (it may be $5,000), not keeping my client in the loop, and selling a property without notice and while taking unearned and exorbitant fees. They chose this road. I am happy to talk tomorrow afternoon and thanks. I respect you, not your clients. Please have the realtor ringleader tender the case to his E&O carrier. Sent from my BlackBerry - the most secure mobile device From: wbc@c|ayton-mcevoy.com Sent: May 6, 2019 6:34 PM To: DDaICielo@bwslaw.com; BAffrunti@bwslaw.com Cc: HLee@bwslaw.com Subject: RE: Argarwal ...V. 4; 3s 1 '1; EXHIBITA _ “Mum A Doug: Are you kidding me? We are citing agreements now to one another? I have asked you to prepare sign and deliver a Release the Lis Pendens on the118 Telles Lane Fremont CA . The recording has blocked a refinance to complete a project. Without a refinance, I am advised the current financing will go into default, construction cannot be completed resulting in a failed project. Your office’s response is an attempt to rationalize bad conduct. lam advised the refi lender will pull the funds in the morning. If that occurs, in my view you and your client will have shot yourselves in the foot and incurred affirmative liability all by one iII-advised action. lam attempting advise you of the consequences of your office’s actions. It may already be too late. If you have the time, give me a call. William B. Clayton. Jr. Clayton & McEvoy P.C. 333 W. Santa Clara Street #950 San Jose, California 951 13 (408) 293-91 oo extn 120 (408) 293 4172 Facsimile wbc@clayton-mcevoy.com www.clayton-mcevoy.com CONFIDENTIALITY NOTICE: This email (including any attachments) is a confidential and privileged electronic communication protected from unauthorized use and disclosure by the Electronic Communications Privacy Act, 18 USC §251 0, and may constitute information protected by the Lawyer- Client Privilege and the Attorney‘s Work Product Protection Doctrine codified in California Evidence Code §§950-962. California Code of Civil Procedure §2018, and as promulgated by the United States Supreme Court in Standard 503 pursuant to the Federal Rules of Evidence. No one other than the intended recipient may use or disseminate the contents of this email or any attachments. If you are not the intended recipient, please notify the sender by [return email and delete this email and any attachments. From: Dal Cielo, Douglas W. Sent: Monday, May 06, 2019 2:53 PM To: William Clayton ; Affrunti, Brian M. Cc: Lee, Helen Subject: Re: Argarwal Bill, Your guys are frauds. Please cite to the JV Agreement and the definition that you refer too. Thanks. Sent from my BlackBerry - the most secure mobile device From: wbc@clayton-mcevoy.com Sent: May 6, 2019 4:45 PM To: BAffrunti@bwslaw.com Cc: DDaICieIo@bwslaw.com Subject: RE: Argarwal Mr. Affrunti: ”Property Developments” is a defined term. You have selectively excluded the designated projects from the joint venture language . Your actions in filing a Lis Pendens against a non designated Development has frozen another project in which your client has no interest. The project was refinancing for construction and supposed to record this morning. l am advised the lender is withdrawing funds in the face your recording. So your actions will have financial consequences to third parties. Once again, I request your release the Lis Pendens recording immediately. 2 NJ' ' "7) William B. Clayton, Jr. Clayton & McEvoy P.C. 333 W. Santa Clara Street #950 San Jose, California 951 13 (408) 293-9100 extn 120 (408) 293 4172 Facsimile wbc@clayton-mcevoy.com www.clayton-mcevoycom CONFIDENTIALITY NOTICE: This email (including any attachments) is a confidential and privileged electronic communication protected from unauthorized use and disclosure by the Electronic Communications Privacy Act, 18 USC §2510, and may constitute information protected by the Lawyer- Client Privilege and the Attorney‘s Work Product Protection Doctrine codified in California Evidence Code §§950-962. California Code of Civil Procedure §2018, and as promulgated by the United States Supreme Court in Standard 503 pursuant to the Federal Rules of Evidence. No one other than the intended recipient may use or disseminate the contents of this email or any attachments. If you are not the intended recipient, please notify the sender by return email and delete this email and any attachments. From: Affrunti, Brian M. Sent: Monday, May 06, 2019 1:56 PM To: William Clayton Cc: Dal Cielo, Douglas W. Subject: RE: Argarwal William: - Please see the section below included in both JV Agreements. AH “Property Deveiopments” of DMJ were posted as security. AWCLE w. Cross~flefault; Cra39~Coll.aterafixation. PARTNER 1 ackmwfafiges and agrees that am; default under thg terms 0f this Agra by the Company under this Agrefimem The gaturity interests, liens arid $151162“ right. any of the personal pmmrty arid ether Prepertv Develnpmentg of PARWER 1 now PARTNER 2 by PARTNER 1 parsuant to any agreement, dccument or instrument, i: Agreement, the Purchase Agreement 0r the Nate, shaii serve as genurity far arty am the repayment thereaf, PARTNER 2. may resart ta any such caliatgmi 3n such order etactx Sinai! 0mm Propart‘y Developments shaé! inclucfgdz ' Brian M. Affrunti Partner Burke, Williams & Sorensen, LLP (650)3272672 From: William Clayton [m_ailtO:wbc@clavton-mcevov.com1 Sent: Monday, May 6, 2019 1:51 PM To: Dal Cielo, Douglas W. Cc: Affrunti, Brian M. Subject: Argarwal a ‘ ‘ ‘ ; Gentlemen: This recording was picked up this morning. The address of the property 118 Telles Lane Fremont CA is not involved in the dispute between our clients, the Weeth Joint Venture nor the Claremont Joint Venture. l might add that this was never disclosed last week when the substitution was forwarded by Brian and the Lis Pendens on Claremont forwarded by Doug. Please execute and forward a release of this to me immediately. William B. Clayton, Jr. Clayton & McEvoy P.C. 333 W. Santa Clara Street #950 San Jose, California 951 13 (408) 293-9100 extn 120 (408) 293 4172 Facsimile wbc@clayton-mcevoy.com www.clayton-mcevoycom CONFIDENTIALITY NOTICE: This email (including any attachments) is a confidential and privileged electronic communication protected from unauthorized use and disclosure by the Electronic Communications Privacy Act, 18 USC §2510, and may constitute information protected by the Lawyer- Client Privilege and the Attorney’s Work Product Protection Doctrine codified in California Evidence Code §§950-962. California Code of Civil Procedure §2018, and as promulgated by the United States Supreme Court in Standard 503 pursuant to the Federal Rules of Evidence. No one other than the intended recipient may use or disseminate the contents of this email or any attachments. If you are not the intended recipient, please notify the sender by return email and delete this email and any attachments. Exhibit B ~ E 1/ W William Clayton“d From: William Clayton Sent: Tuesday, May O7, 2019 4:52 PM To: Dal Cielo, Douglas W. Subject: RE: Agarwal - Conformed Copies of Notice of Pendency of Action (Lis Pendens) Thank you for these recordings. While we were speaking on the phone, the lender has apparently advised escrow they are pulling the funds from the refinance escrow on the Fremont property. So, the Notice of Pending Action recorded against a project to which your clients had no rights has prevented a refinance of the project. It would be an academic exercise to send you the closing statement I spoke about during our conversation for a blown refinance transaction. It was to be close to a 2 million dollar refinance. I won’t belabor it, what has been done, has been done. Just to be clear, l still feel your guy is worse than on melting thin ice in his theory the joint venture agreement was secured and cross collateralized by every project DMJ had or has pending. What is clearto me is that this pathway is intentional and punitive and has little or nothing to do with protecting his financial position arising out of the Weeth transaction. As for the Claremont transaction l am given to understand that upon completion, your client will receive everything the JV Agreement entitles him to receive. As for Weeth, l will continue to pursue the accounting information called for in the JV Agreement. When | have it I will forward it. lam sure we will speak again. William B. Clayton, Jr. Clayton & McEvoy P.C. 333 W. Santa Clara Street #950 San Jose. California 951 13 (408) 293-9100 extn 120 (408) 293 4172 Facsimile wbc@clayton-mcevoy.com www.clayton-mcevoy.com CONFIDENTIALITY NOTICE: This email (including any attachments) is a confidential and privileged electronic communication protected from unauthorized use and disclosure by the Electronic Communications Privacy Act. 18 USC §2510, and may constitute information protected by the Lawyer- Client Privilege and the Attorney‘s Work Product Protection Doctrine codified in California Evidence Code §§950~962, California Code of Civil Procedure §2018, and as promulgated by the United States Supreme Court in Standard 503 pursuant to the Federal Rules of Evidence. No one other than the intended recipient may use or disseminate the contents of this email or any attachments. If you are not the intended recipient, please notify the sender by return email and delete this email and any attachments. From: Dal Cielo, Douglas W. ,7 Sent: Tuesday, May 07, 2019 4:16 PM To: William Clayton Subject: FW: Agarwal - Conformed Copies of Notice of Pendency of Action (Lis Pendens) {)mxglas W. 9a; Cielcsi Partmr 1503 Grant Road, Suite 200 I Mountain View, CA 94040-3270 1 , zxmanfi. ' . I "I \ ) t ~ 650.327.2672 l f- 650688.83 3 dd i ' ’ \/ 13;: mgmm 313W? k WSLLIRM’S :1 SQQE’NEEN. EAL? The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product. Recipients should not file copies of this email with publicly accessible records. If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT 800.333.4297. Thank you. Exhibit C ' -';/D_o_ug1as W. Dal Cielo CLAYTON & McEVOY ' ‘ A Proféssional Corporatxon .333 Wes‘t Sa'nta Clara Street, Suite 9‘50. - San Jo‘se Cahfoxma 95113- 1721 - _ www.clayton-mcevoy com ' f" ‘ v lz- WilliamB.IC‘la§toh,Jrfli :‘~ ; ‘ ‘ A .~ ~ ‘ "1 fr‘elepuéfie:(408)29349100 ' '-Wbc@clay.t9n-.mc‘e,Voy.c9m-gja ‘ .. 4 s.» = I ."Facsimib?£4°¥)29.3:4'172 :J a " "-I'Via, email an‘d regular mall ’ t I ' 'BUrke‘, Wllhams & Sorenéen LLP 1503 GrantRoad Suite 200 _. .,_, - -" « , - '1 - Moun'tam View, 'C_A 94040 3270 ' " , Re Agarwal v. DMJ Home Solu’uons LLC et a‘l v . Dear Mr. Dal Clelo 'I " 2' - I't has been a week since We dlscussed the pending dlspute between our clients as Well a's the' effect of you'r- ' 7‘" ’ ' “ ;;'offiCe’ s' recordlng various Notlce of Penderic‘y of Actlon documents against variOus properties of DMJ . j “Home Solutions; LLC 1n the Bay Area The tOpic of our dlscuss10n had been centered.- around 118 Telles - ‘ - Lane, Fremont. There Wa's a pending refinariCe that could not go forward 1n the fade of. a recording I I ' .j - 1dent1fy1ng that property Although I requested t-hat the. Lis” of Pendens be remOved to allow the refinance» ' ' 1 't'o go fo‘rWar'd 9n the Telles Lane property; the presence o‘f the rec'ording resulted 1n the withdrawal of funds' ' - ' I by the Lender from escrowr This 'caused th'e refinance to_ fail. I had give_n‘ you my obsérvation that th‘e 7 = " I .r . 'V behavior 1n recording the‘se blanket n'Otices of pendency of action 1s not only legally unsustalnable but _the‘ f '. I f ' ' , ' _‘ presenCe was causmg actual damages This contmues to be the' case . { ‘ . Y g Nonetheless you :dld forWard conformed coples of the varlous filings which you dlsclosed in Our - [conversatlon They are: " " - '1 __for all resultant damages i. '- ,5401 Claremont Avenue, Oakland., Callfornla (#2019076879) “1 18 Telles Lane; Fremont, Callfornla (#2019079598) ' ‘ V 710410 N.- Stellin'g Road, Cflpettino, California (#24168989) '26 Alpine Avenue, Los Gates; California (#24168990) 7825 Lilac Court, Cupertlno Callforma (#24168991) 10191 Santa Clara Av‘en‘ue, Cupertino,- Cahfornla (#24168992) “If there are a_ny other recordlngs which .you ha-Ve made on behalf of your chents under the ausplces of- a; - 1".“ I L} -' Claim right I Would ask that you notify me Immedlately I ' 'Although your blanket approach to recordlng hofices of pendlng action has reached all of DMJ projects in .' 'the Bay Area, th'e_ statute authorizing the filings- of Lis of Pendens has been s_eriOUSly abused. Each of th'e ' recordings are statutOrily void for a failure to comply with CCP §405. 22. That means when you blocked A -. . _, the refinance O_n Tcllcs last week you were relying on a vo1d décument Your client- will be held respon31ble ' g‘ I May-ls 2019 I'DouglasW. DalCIelo ~ ‘ Pa'ge 2:. I ' ’As‘ you knew when you accepted representatlon _of Mr and Mrs Agarwal my client 1s 'a party t_o th (2).-" fl: 'mt separate writteri joint v'entUre agreements prepared b'y your cllent YOur' client ho‘lds a rea'l estate license "with the State of Callforma , ., . . . . . ‘ ... .r " The first. agreement pertamed to the purchase remodel 'and sale of 14305 Leigh Avenue. (14521 Wéeth ' " ,Dr‘ive). The actions of-flmy client to purchase remodel and s'ell the property have been completed. _.Your ' ' ._ «I “client through ’his former counsel 'wer'e provided the clOsmg statements, purchase agree'ment,- copies of ~ . '. I checks and related materlals We a_re in ar'1 accountlng phase undel the agreement.- My client has performed ' the wo’rk and ls in the prace'ss 'of the accountmg The’ dispute, if any i's Over money. It 1s not a‘ rea’l property . , - clalm envisioned by CCP§405 4 I have advised yo_u that it is expected that a loss Wil-l be suffered o.n that" ' ‘ ' ' i _ventu‘re. Undoubtedly further d1scuss1on will ensue to respond to the accountlng process outlxned m' the ‘ V '. '~-agreement ' ‘ . .. A . . . , » i The secOnd- agreement pertalned to the pulchase remodel and sale‘ of 5401 Claremont Avenue- Oakland," "5‘- a 5Ca11forn1a This 1s under constructlon WLtPi a p170]'ected completlon da‘te of September following a successful“ ' ’ --.réfinan'ce of _w-h'ich your client and their attorney Were notified and providedthe information and closing ' gstatement My olicnt 1's in the performance stage o'f th_e,. agreement The recording 'of the void Lis Pendens} ’jf‘ " "'"from your office a_ga_1_ns.t this property has in my view .ca‘us‘ed a violation of Lending coVen'arits. The - v ~ construction funds arc managed funds sUbject to .draws' ._upOn proof of performance If'-the existence of the' void Lis Pendens causes _an acceleratlon 0fthe loan, or a refusal to fund th0se actions the consequence Will ‘1 g. 'l ' .~ ,fall on those responSIble for such actlon To properly redognizg th'e 'risk arid potential damages you'r client : f. - ‘ ' . ' ,may suffer. I enclose a c'opy of the appralsal on the project, as completed. As you can 'see; there ls more than i z ‘ . j}? sufficient prOJected profit to meet the financ1al terms 0fthe joint venture agreement. Yo'ur client’s premature ' ' 'and your ”clients footmg the _bill._ I ._ :Qlaim for money ls not a real property claim on this jo‘int- venture e___1ther If you block- performance by m_y _ _ i -' ‘ . client .you'r cl_ie'nt 1s" in breach of the agreement To reference the” obselvauon of the Court 1n U’rek Corp v -_ “ " ' ' 1 "Superior COW 190 C07 App? 3d- 1 ‘141, I 149 “It- must-be borne 1n mind thatthe true purpose 0fthe lis” pendens: v, ' - '- “ -. statute .of to' prov1de notice 'of pending actiqn and not rhake plamtlffs secured credltors of defendants ”nor ' ' ‘- *prov1de plamtlffs with addltlonal leverage for negotlatlng purposes ' 4 = . - - - . ‘ Each of the othér propertles Identlfied above each have void Lis Pendens recorded against .thémp The' 3 I A ‘ purpose describcd as the basis for. the recordlngs arc not- a real_p’roperty claims envisioned by CCP§__4_05.4 .V ' either The intent appears to cripple the Independent busmess interests of my client and interfere” with» ~ ‘ existing contractual relatlonshlps With third: partles Damages are currently under review as a consequence ~ ' ‘ ' ' . ‘ ; ofthose actions as well ‘ v . .. . . ‘ ._ . . . , . . The on'ly objective o'f the recordmgs ls clearly the _one that you 1nt1mated during our. conversatlon That 1s ' - H one of financial pressure Howeyer‘, as you must recognize th’e use’ of the Lis Pendens statute t_o cr‘ea'te-‘ ' _ ‘ financial pressure is‘ not only dlsapproved of. by case law it can lesult 1n Ordel O_f Eprngement with you' » »-.‘ " “ ' , : .We have each professed the respect for _one_ a'n'o’th'er professwnally Therefore even if I we're to suggest to"; ‘ ' ‘ ‘ ' 'fyou_ a review and analysis the ca’se law 1s in order, I would presume that you, or others ln' yo_u1 office haVe ' ' "already read, -'ana1yzed an'd applied the IeSSOns and guidelines of. thé Courts. Flom this _Ihave to conglude' I. _' ’ ‘ V that the actions of you'r officé are 1ntentlonal a_nd will be 'expunged when presented to the COurt.‘ 1 _' .I- would therefore ask once again that you reconmder the acti'ons of rec01di_ng lis pendens on all of the: ,' I ' 'propérties listed above, or my client will have no alternatlve to seek expungement orders .‘\_./ - .pouglafsw.‘Dglcie1p , - ' " '- ' ' ~' ' “ -' ' * ~ - 3Y9“ Client- isj ii} anWaY'Ihfi 5§i9tii1fii115€~19uflbt§f£slt0 bell! 1"'166k';ferar€i tofurther dxtssfiu$s1<5fi§bni 1 2 _ 3 4 s ' _6 7‘ s 9 Alli- WW $l.474.090 $395,000 S|.595.00(‘)' - $0 30‘ SO SD $0 $0 Weight 40.09% 35.00% 25.00% 9.90% _Mb‘m 0.00% 10.00)»: 0.00% 0.00% Totar 100.00% I ~ V - ‘ {Akamai'sedvalue _ $1,476,600 J UAD Version 9/2011 Produced by CIickFORMS Software 800-622-8727 Page 11 of 38 L\. i Borrower DMJ Construction, LLClDavid Herrera Property Address 5401 ClaremontAvenue RECONCILIATION CHART WORKILIVE ' " Tye No. 2018-5447 Gig Oakland Couny Alameda State CA ’ZipCode 94618 Lender/Client Address UAD Version 9/2011 Produéed by CIickFORMS Software 800-622-8727 Page 12 of 38 \ ACE Appraisers . COMPARABLES 1-2-3. I-ne No. 2018-5447 Bormwer DMJ Construction, LLC/David Herrera Property Address 5401 ClaremontAvenue Ciy Oakland - Cou_nty Alameda Slate CA Zip COde 94618 LenderlCIient Address COMPARABLE SALE # 1 434 North Street Oakland, CA 94609 HCOMPARABLE SALE # ' 2 418 38m Street #B Oakland. CA 94609 COMPARABLE SALE # ' 3 4824 Clarke Street #A Oakland, CA 94608 UAD Version 9/2011 Produced by CIickFORMS Software 800-622-8727 Page 13 of 38 \ \ 1 ACE Appraisers / COMPARABLES 4-5-6 Hie No. 2018-5447 Borrower DMJ Construction, LLC/David Herrera flrggefiy Address 5401 CIaremontAvenue Gig Oakland Counjy Alameda State CA Zip COGe 94618 Lender/Client Address COMPARABLE SALE # 4 5351 Belgrave Place #3 Oakland, CA 9461 8 COMPARABLE SALE # 5 5878 Birch Court Oakland, CA 94618 COMPARABLE SALE # 6 5351 Belgrave Place #8 Oakland. CA 94618 UAD Version 9/2011 Produced by CIickFORMS Software 800-622-8727 Page 14 of 38 x ACE Appraisers COMPARABLES 7-8-9 Borrower DMJ Construction, LLC/David Herrera Property Address 5401 CIaremontAvenue \ \ / File N0. 2018-5447 Cig Oakland Couny Alameda State CA Zip Code 9461 8 LenderlCIient Address COMPARABLE SALE # 7 403 63rd Street Oakland, CA 94609 COMPARABLE SALE # 8 5351 Belgrave Place #3 Oakland, CA 9461 8 COMPARABLE SALE # 9 5351 Belgrave Place #8 Oakland, CA 94618 UAD Version 9/2011 Produced by CIickFORMS Software 809622-8727 Page 15 of 38 _\ ~_\ I- ACE Appraisers I COMPARABLES 10-11-12 File No. 2018-5447 Borrower DMJ Cons‘ruction, LLC/David Herrera Property Address 5401 ClaremontAvenue Ciy Oakland Cou_ntL Alameda State CA Zip Code 94618 Lender/Client ‘ Address COMPARABLE SALE # 10 403 63rd Street Oakland, CA 94609 COMPARABLE SALE # 11 5351 Belgrave Place #3 Oakland, CA 94618 COMPARABLE SALE # 12 5351 Belgrave Place #8 Oakland, CA 94618 n: m Mime: ' V V" UAD Version 9/2011 Produced by CIickFORMS SOftware 800622-8727 Page 16 of 38 ,3 ACE Appraisers COMPARABLES 13-14-15 Borrower DMJ Construction, LLC/David Herrera Property Address 5401 CIaremontAvenue “x ) . f-ile No. 201 8-5447 Cly Oakland CounL Alameda State CA Zip Code 9461 8 Lender/Client Address _o COMPARABLE SALE # 13 1095 59th St#4 Oakland, CA 94608 COMPARABLE SALE # 14 6364 Dana Street Oakland. CA 94609 COMPARABLE SALE # 15 5534 Doyle Street Emeryville. CA 94608 UAD Version 9/2011 Produced by CIickFORMS Software 800-622-8727 Page 17 of 38 a A praisers' ACE > LOCATION MKP ADDENDUM _qo. 2013.5447 Borrower DMJ Construction, LLC/David Herrera Properly Address 5401 CIaremontAvenue Cly Oakland Cognjy Alameda State CA ZIP Code 94618 LenderlCIienl Address .2 l > r I .7 _ v ' l 34,4959“ pammwmu; , g > dfighmgi' g “3. as chaiufifiaw’m’ " r. . . g y; .A .5; saurHBERK _ 7 ' '. ‘ . . ' ‘ ‘ cgfiswn ' _‘ , - . , . 1v ..\,,North ere st CA v- ‘M'ar'zflhfifi ‘ ufié mum Bumcfisi’“ mesHonE “94“ v-l _. VMéi-‘dag‘og 3rd 5’ w Parse! b- Blaglafid-Ebair'es .fl UAD Version 9/2011 Produced by CIickFORMS Software 600-622-8727 Page 18 of 38 ACE Appraisers h . x K \‘\ J NEIGHBORHOOD MAP Fue No. 2018-5447 Borrower DMJ Construction. LLC/David Herrera Property Address 5401 ClaremontAvenue Cig Oakland Coum Alameda State CA Zip Code 94618 Lender/Client Address ‘5' U. 1!“ 5‘ " 4 g , I I'M“ ‘ g THE "gala”; c, 95 a. ' {:3 "g“ g E = Fe» ‘5‘ ,u .5 . g :r g d‘n eh 5" 5:. : ?a’ ?Mside 9' 3119-0 w ‘ - (r v, m. a " '3 I g .% .5‘ g, v _ 4’4: :1 “1,.1- Emma E V 1 H_ Jpc‘- 3'. 7g I wwis'ev 51 "7 ' E ”’Crestfid , Am; ‘ u, . wool??? 5t 5 1.‘ saxh‘S" '5- "5‘s («AEIIBy ' . '2 ' 35““5‘ U V E ,. , {mesmgc' "1 6m“ " «ED _ - - = 3M} -' :1 v; r. 1 ‘ I © 2017 migriéqr: Corporatmn' '© 2am NM'H‘EQ WWW’"bgfl'iFLStv ' . § .1}... UAD Version 9/2011 Produced by CIickFORMS Software $0622‘8727 Page 19 of 38 ACE AIFpraisers ‘ i PLA MAP File No. 2016-5447 Borrower DMJ Construction, LLC/David Herrera Property Address 5401 CIaremontAvenue Gig Oakland Cougy Alameda State CA Zip Code 94618 Lender/Client Address I §ESSQR S MAP l4 qu oflé/ae - Code Area Nd. I7-003 I . 0/c e/77‘e_Pe/a/fa Res eroaf/a” 77' c if ggescy i‘ -- 7 7- --1Pcflo.--L/-fQ-%e4trA-- {gurgxw a? 3'‘4‘“‘7 '4” PM.3392 Iza/ev /272 . ‘ i ¥ ‘ . 1 I '\ . . ' I § ([W/fafldf Sv’ve e 79/ (m i"‘--~-'-?7n' -»-'-m-air -f’---r7m=--‘~----I‘ IE. . I #____¢.___ me ms ' .. \ «9. l._ ______ _I.__.._l_-_._I_._‘_.I-__+ 53 CONST PERMIT REMO 4,500.00 54 CONSTPERMIT/ADDCI 30,000.00 55 CONSTPERMlT/ADDCO 10300.00 56 SCHOOL FEES I0,000.00 ARCHITECT & ENGINEERING 57 ARCH&ENG TITL24 2 40,000‘00 58 HOA SETUP . 30.000.00 61 SURVEY £0,000.00 62 SOILS REPORT 7,500,00‘ FIRESPRINKLERS 65 FIRE SPRINKLERS 48300000 HOA 58 HOA SETUP 50,00000 PROJECT MANAGEMENT 69 Project Management I01,000.00~ CONTINGENCY 63 MISC CONTINGENCY 94,770.00 Totals 1,449,466.00“ 12/5/201 8 UAD Version 9/2011 Produced by CIickFORMS Software 800622-8727 Page 26 of 38 \ r \ 2 ACE A raisers f SKETCH BDENDUM File No. 2018-5447 Borrower DMJ Construction, LLCIDavid Herrera Property Address 5401 ClaremontAvenue City Oakland CounL Alameda State CA Zip COde 94518 LenderICIient Address I UAD Version 9/2011 Produced by CIickFORMS Software @0622-8727 Page 27 of 38 \, ACEA raisers I 1 SKETCH BDENDUM , File No. 2018-5447 Borrower DMJ Conskruction, LLCIDavid Herrera Property Address 5401 ClaremontAvenue City Oakland Counjy Alameda Slate CA ZipCode 94618 Lender/Client Address :3 Wufiiama l-ne-ga m“ I. J: m" v m" r ‘Ilaéfil "1 2- ?flyr. . ‘aggzq . 1,; =-=!=: _- 1 _ _i§§E| E ' Igii‘sa I‘ ‘ -.-.- Hmfmtl n l: I lw g '2 UAD Version 9/2011 Produced by CIickFORMS Software 800-622-8727 Page 28 of 38 \ ; ACE A raisers l SKETCH KBDENDUM File No. 2018-5447 DMJ Construction, LLCIDavid Herrera Property Address 5401 ClaremontAvenue Clty Oakland Counjy Alameda . State CA Zip COde 94518 Address ' E ”T V 5401. CLAREMONT A am mama UAD Version 9/2011 Produéed by CIickFORMS Software 800622-8727 Page 29 of 38 \ ACE A Eaisers I SKETCH DENDUM Fne No. 2018-5447 Borrower DMJ Construction, LLC/David Herrera Properly Address 5401 ClaremontAvenue Gig Oakland Cougty Alameda r State CA Zip Code 94618 Lender/Client Address é E i WW UAD Version 9/2011 Produced by CIickFORMS Software 800622-8727 Page 30 of 38 \ ACE Appraisers \\‘ ‘ ‘No. 2018-5447 1 v / Uniform Residential Appraisal Report This report form is designed to report an appraisal of a one-unit property or a one-unit propertywith an accessory unit; including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal ofa manufactured home or a unit in a condominium or cooperative project. This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value. statement of assumptions and limifing conditions, and certifications. Modifications, additions, or deletions to the intended use. intended user, definition of market value. or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on tre complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser‘s continuing education or membership in an appraisal organization, are permitted. SCOPE 0F WORK: The scope ofwork for this appraisal is defined by the complexity oithis appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of marketvalue. statement of assumptions and limiting conditions. and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street. (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis. opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluaie me property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lenderlclient. DEFINITION OF MARKET VALUE: The most probable price which aproperty should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed orwell advised. and each acting in what he or she considers his or henr own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal considenafion for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a metket-area; these costs are readily identifiable since the seller» pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered bya third party institutional lender that is not already involved in the property or ‘ransaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjus‘ment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS. The appraiser‘s certification |n this repofl |s subject to the following assumptions and limiting conditions. 1. The appraiser wiil not be responsible for matters of a legal nature that affect either the properrty being appraised or the title to it, except for information that he or she became aware of during the research involved in periorming this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions aboutlhe title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser‘s determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor he or she makes no guarantees, express or implied regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of ihe property in question, wunIeSSvspeeifiearrangementsrtordorsorhave beenrmaderbeforehandror as othenNiserrequirnd h; hm. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes. toxic substances. etc.) observed during the inspection of the SLbject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes,toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has asumed thatthere are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be [esponsible for any such conditions that do exist or for any engineering or testing that might be required to discover whemer such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal reportmust not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and vaIuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion. repairs. or alterationsoi the subject property will be performed in a professional manner. Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005 UAD Version 9/2011 Produced by CIickFORMS Soflware800-622-8727 Page 31 of 38 K ACE Appraisers __\No_ 2018_5447 )orm Residential Appraisal Report _ z APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have, at a minimum. deveioped and reported this appraisal in accordance with the scope oi: work requirements stated in this appraisal report. 2. I performed a complete visual inspection of the interior and exterior areas of the subject progeny. l reported the condition of the improvements in factual,,specific terms. | identified and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. l performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and thatwere in place at the time this appraisal repmt was prepared. 4. I developed my opinion 0fthe market value of the real property that is the subject of this reporl based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sabs comparison approach for this appraisal assignment. l further certify thatl considered the cost and income approaches to value but did not develop them, unless o‘herwise indicated in this report. 5. l researched, verified. analyzed. and reported on any current agreement for sale for the subfiecl property. any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the. prior sales of the subject propefiy fo_r a minimum of three years prior to the effective date of this appraisal, unless othem‘se indicated in this report. 6. l researched, verified, analyzed, and reported on the prior sales of the comparable sales fora minimum of one year prior to lhe date of sale of the comparable sale, unless otherwise indicated in this report. 7‘ I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. I have not used comparable sales that were the result of combining a land sale with the conlnatt purchase price of a home that. has been built or will be built on the land. ' 9. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. I verified, from a disinterested source, all information in this report that was provided by parfies who have a financial interest in the sale or financing of the subject property. > 11. | have knowledge and experience in appraising this type of property in this market area. 12. | am aware of. and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area: inlwhich the property is located. 13. I obtained the information, estimates, and opinions furnished by other parties and expressed Fm Ehis appraisal report from reliable sources thatl believe to be true and correct 14. | have taken into consideration the factors that have an impact qn value with respect to thé subjecl neighborhood. subject property. and the proximity of the subject property to adverse influences in the development of mp opinion of market value. | have noted in this appraisal report any adverse conditions (such as. but not limited to. needed nepairs. deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) obsewed during the inspection of the subject property or that | became aware of during the research involved in performing this appraisaIL I have considered these adverse co‘nditions in my analysis of the property value, and have reported on the effec‘ of the conditions on the value and marketability of the subject property. 15. | have not knowingly withheld any significant information from this appraisal report and. to thebest of my knowledge, all statements and information in this appraisal report are true and correct. 16. | stated in this appraisal report my own personal, unbiased. and professional analysis, opinibns.. and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. | have no present or prospective interest in the property that is the subject of this report, and lhave no present or -prospective~personal~interestroribiasrwith respect to the participants in the transactioml did nofibasereitheripanially or completely. my analysis andlor opinion of market value in this appraisal report on the race, color, religion. sex, age, marital status. handicap, familial status, or national origin of either the prospective owners or occupants of ihe subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any omer basis prohibited by law. 'l 8. My employment and/or compensation for performing this appraisal or any future or anticipabo‘: appraisals was not conditioned on any agreement or understanding, written or othemise, that | would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value. a range or direction in value. a value that favors the cause of any party. or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending moutgage loan application). 19. l personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. lfl relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation ofthis appraisal report, | have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. | have not authorized anyone to make a change to any item in ‘his appraisal report; therefore, any change made to this appraisal is unauthorized and I will me no responsibiliky for it. 20. | identified the lender/client in this appraisal report who is the individual. organization. or agens for khe organization that ordered and will receive this appraisal report. Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005 UAD Version 9/2011 Produced by CIickFORMS Software 806.622.8727 Page 32 of 33 ‘J ' ‘\-\ ACE Appraisers. \No. 2018-5447 / j . bmform Residential Appraisal Report 21. The Iender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers;'government sponsored enterprises; other secondary market padicipants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state. the Dis‘rict of Columbia. or otherjurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including. but not limited to. the public through advertising. public relations, news, sales, or o‘her media). V 22. l am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further. | am also subject to the provisions of the Uniform Stahdards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successus and assigns, mortgage insurers. government sponsored enterprises, and other secondary market panicipants may rely on this appraisal report as part of any mortgage finance transaction that involves any one or more of these panies. 24. lf this appraisal réport was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective. enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand wtitien signature. 25. Any intentional or negligent misrepresemation(s) contained in this appraisal report may resultin civil liability andlor criminal penalties including. but not limited ‘0. fine or imprisonment or both under the provisions of Title 18. United States Code, Section 1001, et seq.. or similar state laws. - SUPERVISORY APPRAISERIS CERTIFICATION: The Supervisory Appraiseu certifies and agrees that: 1 . l directly supervised the appraiser for this appraisal assignment. have read the appraisal repxon. and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. l accept full responsibility for ‘he contents of this appraisal report including, but not limited tq, the appraiser's analysis. opinions, statements. conclusions, and the appraiser's certification. . 3. The appraiser identified in this appraisal report is either a sub-contractor or an employee of I&hesupervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraise“ underthe applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in pface at the time this appraisal report was prepared. - , 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or slate laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall beas effective. enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand wnifien signature. SUPERVISORY APPRAISER (ONLY IF REQUIRED)APPRAISER Signature 1 . Signature Name Astrid Monroe 3 Name Company Name ACE Appraisers ' Company Name Company Address 2137 Buena Vista Drive Company Address Manteca. CA 95337 Telephone Number 209-823-9790 Email Address acea raiser5201 0 mail.com Telephone Number Email Address Date of Signature and Report 12/07/2018 Date of Signature Effective Date of Appraisal 12l05/2018 State Certification# “State'eertification~#-AR031 876777", ~ ~ ~ r, n r w r W mrrorr State License #fi or State License # State or Other (describe) State # Expiration Date ofCertification or License State CA Expiration Date of Certification or License 09/1 6/2017 SUBJECT PROPERTY ADDRESS 0F PROPERTY APPRAISED 5401 ClaremontAvenue Oakland. CA 94618 D Did not inspeci subject propertyD Did inspect exielipr of subject property from street Date of Inspeciion . APPRAISED VALUE OF SUBJECT PROPERTY $ 6,554 000 D Did inspect interior and exterior of subject property LENDERICLIENT Date of Inspection Name * Company Name COMPARABLE SALES Company Address Email Address E Did not inspeoi exterior of comparable sales from street Did inspect exierior of comparable sales from street Date of Inspeciion Freddie Mac Form 70 March 2005 UAD Version 9/2011 Produced by CIickFORMS Software 8006228727 Page Fannie Mae Form 1004 March 2005 33 of 38 ACE Appraisers . .RPRAISAL COMPLIANCE ADDENDUM Borrower/Cllent DMJ Construction. LLC/David Herrera Address 5401 ClaremontAvenue ' UnilNo. City Oakland -County Alameda Slate CA ZipCode 94618 Lender/Client file No. 2018-5447 7 H _ V 7 7 hTiA o; raisal Com - liance Addendum is incIuded to ensure this a a nraisal re APPRAISAL AND REPORT IDENTIFICATION This Appraisal Report is one of the following types: AppraisaI Report This report was prepared in accordance with the requirements of lhe Appraisal Report opion of USPAP Standards Rule 2-2(a). I Restricted Appraisal Report This report was prepared In accordance with the requlrements of the Restricted Appra‘sd Report option of USPAP Standards Rule 2-2(b). The intended user of this report is limited to the identified client. Thls is a Restricted Appraisal Report and the rationale for how the appraiser arrived at the opinions and conclusions set forth in the report may not be understood properly withoul the additional information in the appraisers workfile. ort meets all USPAP 2014 re-uirements. A I I 0 I ‘ I O I certify that. to the best of my knowledge and belief: ’ The statements of fact contained In this report are true and correct. ' The reported analyses opinions. and conclusions are llmited only by the reported assumptions and are my personal impartlal, and unbiased professional analyses, opinions, and conclusions. ‘ Unless otherwise indicated, | have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to parties involved ‘ Unless otherwise indicated, l have performed no services, as an appraiser or in any othercapacity, regarding the prcpetty that is the subjectof this report within the threeyear period immediately preceding acceptance of this assignment. ‘ I have no bias with respect to the property that is the subject of this report or the parties involved with this assignmerl. ' My engagement In this assignment was not confingent upon deveIoping or reporting predetermlned results. ‘ ‘ My oompensatlon for completing this a'ssignment'Is not contingent upon the development or reporting of a predeteran value or direclion in value that favors the cause of lhe client. the amount of the value opinion, the attainment ofa stipulated result. or the occurrence of a subsequemexent directly related lo the intended use of this appraisal. ‘ My analyses opinions. and conclusions were developed and thls report has been prepared. in conformity with the Unifcrm Standards of Professional Appraisal Practice that were in effect atthe fime this report was prepared. ' Unless otherwlse indicated. | have made a personal inspection of the property that is the subject of this report. Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing hiscemfication (if there are exceptions the name of each individual providing significant real property appraisal assistance Is stated elsewhere In this report) This re-ort has been ureared'In accordance with Title XI of FIRREA as amended. and an im nlementin- re-ulations PRIOR SERVICES '- l have NOT performed services, as an appraiser or in anotherother capacity. regarding the property that'Is the subjeclof the report within the lhreeyear period immediately preceding acceptance of this assignment. ' D | HAVE performed services, as an appraiseror in another capacity. regarding the property that is the subject ofhis report within the three-year period immediately- " ncedin a a'ccance of this assi nment. Those services are described In the comments below. PROPE~RYTY INSPECTION ‘ l I HAVE made a personal inspection of the property that is the subjectofthis report I have NOT made a ersonal Ins-ection of the ro-e that Is the sub'ectof this re-iort APPRAISAL ASSISTANCE Unless othenNise noted no one provlded signlficant real property appraisal assistance to the person signing this certificatbn Ifanyone did provide significant assistance, they are hereby identified along with a summary of the extent of the assistance provided‘In thee@on. ADDITIONAL COMMENTS Additional USPAP related issues requiring disclosure and/or any slate mandated requirements: MARKETING TIME AND EXPOSURE TIME FOR THE SUBJECT PROPERTY I A reasonable marketing lime for the subject property Is 90 day(s) utilizing market conditions pertinentb me appraisal assignment. I'A*reasonable'exposure'time'for'the'subjeclpropertyis~907~7 WW day(s) H 7 W A r t-n... - -- .n .uu-A po .g .. Signature Q Signature Name Astrid Monroé \ Name Date of Signature 12/07/201 8 ‘J Date of Signature State Cenificau'on # AR031 876 State Certification # or State License # or State License # State CA State Expiration Date of Certification or License 09I16/2017 Expiration Date of Certification orlioense Supervisory Appraiser lnspecticu d Subiect Property: Effective Date of Appraisal 12l05/201 8 D Did N0! D Blen'orOriy from street D Interior and Exterior USPAP Compliance Addendum 2014 ' Page 34 of 38 UAD Version 9/2011 Produced by CIickFORMS Software 600-622-8727 \\ ACE Appraisers » } UNIFORM APPRAISAL DATASET (UAD) Property Condition and Quality Rating Definitions 'n\// iIe No. 201 6-5447 - may be updated or recently rehabilitated. The structure has been well maintained Requirements - Condition and Quality Ratings Usage Appraisers must utilize the following standardized condition and quality ratings within the appraisal report. Conditio’n Ratings and Definitions C1 The improvements have been recently constructed and have not been previously occupied. The entire structure and aFIIccmponents are new and the dwelling features no physical depreciation. Note: Newly constructed improvements that feature recycled or previously used maten‘als and/or components canbeconsidered new dwellings provided that the dwelling Is placed on a 100 percent new foundation and the recycled materials and the recycled components have been [ehabilitafiedtemanufactured Into like-new condition. Improvements that have not been previously occupied are not considered “new" if they have sIgnificant physical depreciation (that is. nevdy constructed dwellings that have been vacant for an extended period of time without adequate maintenance or upkeep). > C2 The improvements feature no deferred maintenance, little o_r no physlcal depreciation, and require no repairs. Virtually a'll building components are new or have been recently repaired, refinished, or rehabilitated. All outdated components and finishes have been updated and/or replaced with cmponenls that meet current standards. Dwellings in this category are either almost new or have heen recently compIetely renovated and are simllar in condition to new constnmim. Note: The improvements represent a relatively new propeny that'ls well malntained with no deferred maintenance aummrb or no physical depreciation or an older property that has been recently completely renovated. C3 The improvements are well maintained and feature limited physical depreciation due to normal wear and tear. Some, components, but not every major building component. Note: The Improvement is in its first-cycle of replacing short-lived building components (appliances, floorcoverings, HVAm. etc.) and is being well maintained. It's estimated effective age is less than its actual age. It also may reflect a properly in which the majority of shon-Iived building mnpmnenls have been replaced but not to the level of avcomplete renovation. C4 The improvements feature some minor deferred maintenance and physical deterioration due to normal wear and lean: The dwelling has been adequately maintained and requires only minimal repairs to building components/mechanical systems and cosmetic repairs. All major building components have been adequately maintained and are functionally adequate. Note: The estimated effective age may be close to or equal to its actual age. It reflects a propeny I'n which some of tthershon-lived building components have been replaced, and some short- lived buildlng components are at or near the end of their physical life expectancy; however. they sill‘lfuncfion adequately. Most minor repairs have been addressed on an ongoing basis resulting"In an adequately maintained property. C5 The improvements feature obvious deferred maintenance and are in need of some slgnificant repairs‘ Some building «omponents need repairs. rehabilitation. or updating. The functional utility and overall livability are somewhat diminished due to condition. but the dwelling remains useable amIfurnclional as a residence. Note: Some significant repairs are needed to the improvements due to the lack of adequate maintenance. It reflerm a'pmperty in which many of its short-lived building components are at the end of or have exceeded their physical life expectancy but remain fu‘nctlonal. 06 The improvements have substantial damage or deferred maintenance with deficiencies or defects that are severe enough to affect lhe safety, soundness. or structural integrity of the improvements. The improvements are in need Of substantial repairs and rehabilitation, including many or most majci components Note: Substantial repairs are needed to the Improvements due to the lack of adequate maintenance or property damage. I'm reflects a property with conditions severe enough to affect the safety. soundness, or structural integrity of the improvements. UAD Version 9/2011 Produced by CIickFORMS Software 800-622-8727 Page 35 of 38 (Updated 1/2014) ACE Appraisers y, \ UNIFORM APPRAISAL DATASET (UAD) >File No. 2018-5447 Property Condition and Quality Rating Definitions Quality Ratings and Definitions Q1 Dwellings with this quality rating are usually unique structures that are individually designed by an architect for a specified user. Such residences typically are constructed from detailed architectural plans and specificatlons and feature an exceptionally hlgh level ofworkmanship and exceptionally high-grade materials throughout the interiorand exterior of the structure. The design features exceptionally high-quality exterior refinements and ornamentatlon, amdexceptionally high-quality interior refinements. The workmanship, materials. and finishes throughout the dwelling are exceptionally high quality. 02 Dwellings with this quality rating are often custom designed for construction on an individual property owner‘s site. However. dwellings in this quality grade are also found in highquality tract developments featuring residences constructed from individual plans or from highly modified or upgraded plans. The design features detailed. highquallty exterior ornamentation. highquality interior refinements, and detail. The workmanship. materials, and finishes throughoullhe dwelling are generally of high or very high quality. 03 . Dwellings with this quality rating are residences of higher quality built from individual or readily available designer plans in above-standard residential tract developments or on an individual property owner's site. The design Includes significant exterior ornamentation and interiors that zae well finished. The workmanship exceeds acceptable standards and many materials and finishes throughout the dwelling have been upgraded from "stock" standards. Q4 . Dwellings with this quality rating meet or exceed the requirements of applicable building codes. Standard or modified skandaid building plans are utilized and the design includes adequate fenestration and some exterior ornamentation and inten'or refinements. Maten'als. workmanship, finish, and equipment are of stock or builder grade and may feature some upgrades. Q5 - . Dwellings with this quality rating feature economy ofconstruction and basic functionality as main considerations. Such dwellings feature a plain design using readily available or basic floor plans featuring minimal fenestration and basic finishes with mlnimal exterioromamentation and limited inlaia detail. These dwellings meet minimum building codes and are constructed with inexpensive. stock materials with limited refinements and upgrades. 06 . Dwellings with this quality rating are of basic quality and lower cost; some may not be suitable for year-round occupancy. Such dwellings are often builtwith simple plans or without plans, often utilizlng the lowest quality building materials. Such dwellings are often builtor expanded by personswho are professionally unskilled or possess only minimal construction skills. Electrical, plumbing. and other mechanical systems and equipment may be mlnlmal or non-exislenfi.Olderdwellings may feature one or more substandard or nonconforming additions to the original structure. Requirements - Definitions of Not Updated, Updated and Remodeled Not Updated Little or no updating or modernization. This description includes, but is not limited to. new homes‘ Residential properties of fifteen years of age or less often reflect an original condition with no updating. if no majon'ocmponents have been replaced or updated. Those over fifteen years of age are also considered not updated if the appliances. fixtures, and finishes are predominant}; dated. An area that is 'Not Updated' may still be well maintained and fully functional. and this rating does not necessarily imply deferred maintenance or physicallfuncl‘bnal deterioration. Updated The area of the home has been modified to meet current market expectations. These modifications are limitediinterms of both scope and cost. An updated area of the home should have an improved look and feel, or functional utility. Changes that constituteumates include refurbishment andlor replacing componerfls meet existing market expectations. Updates do not include significant alterations to the existing structure. Remodeled Significant finish and/or structural changes have been made that increase utility and appeal through completeweplacement and/or expansion, A remodeled area reflects fundamental changes that include multiple alterations. These _alterations may inclufle some or all of the following: replacement of a major component (cabinet(s), bathtub, or bathroom tile). relocation of plumblng/gas fixtureslappliances, significant shudural alterations (relocating walls, and/or the addition "_of’square'footagefihis woqld include a complete gutting and rebuild; r . Explanation of Bathroom Count Threeauarter baths are counted as a full bath in all cases. Quarter baths (baths that feature only a toilet) are notinchded in the bathroom count. The numberof full and half baths is reported by separating the two values using a period, where the full bath count is represented to lhe hftofthe period and lhe half balh count is represented to lhe n'ght of the period. Example: 3.2 indicates three full baths and two half baths. UAD Version 9/2011 Produced by CIickFORMS Software 800-622-8727 Page 36 of 38 (Updated 1/2014) a n K ACE Appraisers \\ '» ' I , ’ UNIFORM APPRAISAL DATASET (UAD éue No. 2018-5447 Abbreviations Used in This UAD Version 9/2011 Produced by CIickFORMS Software 800622-8727 Page 37 of 38 (Updated 1/2014) .\ Appraiser License ,r \File No. 2018-5447 /' I Borrower DMJ Construction, LLC/David Herrera PropertyAddress 5401 ClaremontAvenue Cigy Oakland County Alameda State CA ZipCode 94618 Lender/Client Address ”4% A UAD Version 9/2011 Produced by CIickFORMS Software 600-622-8727 Page 38 of 38 Exhibit D '. CLAYTON & McEVOY A Professic'mal Corporation 333 West Santa Clara' Street, Suite 950 San Jose, California 9'5 1.13-1721- www.claytonrmceyoymm Williams. Clayton,Jr - 7 - ' , - Telephonezfmos)293-9100 .' - wbc@'clayton-mcev0y com - ‘ Facsimile: (408)293-4172 - May31,201-9 ' Via email'and regular mail ~ ' _ ' . I Douglas W. Dal Cielo _ ' ' - ' .ddalcie_10'@bwslaw.com .Burke, Williams & Sorensen, LLP ' ~ . _. . 1503 Grant Road, Suite 200 Mountain View, CA 94040-3270 R‘ezi Agarwal v. DMJ Home SblutiQnaLLC, et‘al. Dearer» DalCielo: ' ' When we spoke last Friday, you requested information on the failed refinance in the 118 Telles, Fremont California property occasioned by your office’ s recording of a void Lis Pendens. You questioned my statement to you that the fimds ha'd been Wired back to the lender because your recording blocked the closing. I am enclosing two docUments although I believe it is entirely unnecessary at this point. The. damage has been done The first document is the estimated closing statement I intended to send t0 you following our telephone .‘ conversation on May 7, 2019 Idid not send it as Iwas advised when I got O_ff' the phone the funds were going back to the lender m the face of your refusal to immediately withdraw the offending recording and allow the refinance _to proceed. The second document ls a Single Ledger Balance sheet from Fidelity National Title Company. Page 2 reflects funds m the amount of $1 5 1 4,619. 15 were returned to PS Funding, Inc out of.Southern California. I told you the Alpine property Was the next property your offices- recordings were preventing from moving forward. The recording ls blocking a construction loan to renovate the property. The Lis Pendens statute and case law do not support these recordings. You simply. cannot use these recordings to establish security for the money damage claims of your client. It ls also tmproper to use these recordingsto better your client’ s negotiating position, something the Case law and legislative intent fully conclude. It ls important to be clear that if you do not- take affirmative action to remove these recordings immediately you leave my client no alternative to seek an expungement order In that event Iwi ll be requesting the court t0 award my client his fees-and_c;o,s,ts under CCP Sectign 405.38. You have invited this expungement motion. That ls the only option‘unless you reassess your position. V truly yours, Wbc/ac 'Cc: Client EXHIBIT. J \ Fidelity National Title Company 315 South Bascom Ave.. Suite 100, Campbell, CA 9500 Phone: (408)371-8040 I FAX: (408)371-9174 AMENDED ESTIMATED REFINANCE STATEMENT Settlement Date: April 30. 2019 Disbursement Date: April 30, 2019 Escrow Number: FSBC- Escrow Officer: Jason Herrera I Email: JHerrera@fnf.com Borrower: DMJ HOME SOLUTIONS LLC. a Nevada Limited Liability Company Property: 118 Telles Lane Fremont. CA 94539 Parcel |D(s): 51 3-0401-073-02 ‘ Lender: PS Funding Inc. c/o Peer Street, 2121 Park Place, St 250 El Segundo. CA 90245 Loan Number: 1863457469 $ DEBITS- $ CREDITS FINANCIAL CONSIDERATION Loan Amount Ps Funding |nc. 1,930,900.00 NEW LOAN CHARGES - PS Funding Inc. Total Loan'Charges: $521,142.21 Document Preparation Fee Ps Funding Inc, 750.00 Lender Fee ps Funding |nc, 8,013.24 Servicing Setup Fee PS Funding Inc. 55-00 Additional Broker 2 Fee 39 One Twenty. LLC 29,000.00 Broker 2 Fee 39 One Twenty, LLC 24,136.25 Broker Fee Consortium Equity 48,272.50 Construction Reserve- Held back from PS Funding Inc. 407,000.00 Lender Processing Fee Consortium Equity 995.00 Underwriting Fee Consortium Equity 1,995.00 Prepaidv Interest I 925.22 $462.61000 per day from 04/29/19 to 05/01/19 PS Funding Inc. TITLE & ESCROW CHARGES Tllle - ESCI’OW Fee Fidelity National Title Company 925.00 TItle - Notary Lori Fredericks 15-00 Tltle - Notary Jason Herrera 300° Tltle ~ Lender's Tltle Insurance Fidelity National 'I'Ifle Company 3,618.00 Title - Mobile Signing Fee Michael S. Lucio 695.00 Tgtle - Recording Service Fee SPL 14.00 Policies to be issued: Loan Policy Coverage: $2,421,082.50 Premium: $3,618.00 Version: ALTA Loan Policy 2006 GOVERNMENT CHARGES > Recording Fees Fidelity National Title Company 450.00 PAYOFFS W fl r N N V V V Payoff of First Mongage\Loan Pelorus Equity Group Inc ($1,664,437.73) ‘ Principal Balance 1,592.86846 Interest To 04/30/19 24,432,60 Additional Interest (From 04/30/19 To 04/30/19 @ $469.130000 Per Diem plus 1 Extra 469.13 Days) Accrued Late Charges 1,643.85 Other Fees 165.00 Unpaid Additional Fees 36,640.00 Unpaid Late Charges 8,218.99 MISCELLANEOUS CHARGES Property Taxes- 2018-2019 Alameda County Treasurer - Tax Collector 18,169.52 12 months I Property Taxes- Secured 2017-2018 Alameda County Treasurer - Tax Collector 5,646.10 6 months CERTIFIED COPY Page 1 0f 2 April 29. 2019 9:05 AM P ESTIMATED REFINANCE STATEMENT - Continued J , , ) DEBITS $ CREDITS MISCELLANEOUS CHARGES (continued) ' PPOPertY Taxes‘ secured' 37451735 Alameda County Treasurer - Tax Collector 1-802‘70 12 months Property Taxes- Supplemental- Alameda County Treasurer - Tax Collector 5-560-10 67306600 12 months Subtotals 2.222.505.36 1,930,900.00 Balance Due FROM Borrower . 291 £05.36 TOTALS ' 2,222,505.36 2,222,505.36 THIS IS A CERTIFIED COPY OF THE ORIGINAL DOCUMENT(S) BY FIDELITY NATIONAL TITLE COMPANY 3 r “a. , WWC?aiawk‘uwi.m «MMWWE CERTIFIED COPY Page 2 or 2 Apn‘l 29. 2019 9:05 AM P m _\ \ Fidelity National Title Company 2315 South Bascom Ave.. Suite 100 Campbell. CA 95008 Phone. (4083371 8040 | Fax- (408)371-9174 Single Ledger Balance By TmstAccounting Date, With Adiustmants Ledger ID: FSBC Trust Account: CAFSCWF6914/ FNT Santa Clara TrustAccaunt (Acct FNT Santa Clara TrustAccount) Trust Accounting Date: All Format I Sort'Options: Sort by reference number; include pending transactions LedgerlD. FSBCv . Branch: FSC-0403- Fidelity National Title Company Trust Account: CAFSCWF6914 / FNT Santa Clara BuyerIBorrower: DMJ HOME SOLUTIONS LLC, a Nevada Limited Lie TrustAccount (Acct FNT Santa Clara Settlement Date: 05/06/19 Property: 118 Telles Lane, Fremont, CA 94539 ‘ Responsible Party: FNFGLOBALUHermra Ledger Comment: Loan Amount: $1, 930,900. 00 V Beginnin_g__balance: $0.00 Refle ’ Trust Payee I Payer Cleared Number Dale Adjustments Medium Date Amount ...... INGQMING WIRE§V POSTED . 999045151 04(30/19 DMJ HOME SOLUTIONS LLC. a Neva}: _ere_ _ wwm'wmlfiww $100,000.00 [ Line Bill Code Description Amount l. Cash To Close Froml'l'o Borrower $100,000.00 5 $100,000.00 999045151-ADJ 0_4I30]19 DMJ HOME SOLUTIONS L_L_C. _a_ Ne_v_a_di Wire m _ _ . . Q g Line Bill Code“Description Amount i Cash To Close Fromm Borrower - u "IS“‘l-(J-OTOO'Ii'O‘O-X i ($100,000.00) 'A'DJ Miseséliifle'ous‘nc ‘ ‘ "“""" 9990451 51-ADJ 05/01119 DMJ HOME SOLUHONS LLc, a Nevada ere ‘ 04I30I19 ADJ Miscellaneous: Cleared for Bank Statement (CAFSCWF6914, 4/3( 9990451 51-ADJ 05/08/19 DMJ HOME SOLUflONs LLC. a Novad: Wire 04130I19 ADJ Miscellaneous: returning funds 999045172 04I30I19 PS Funding Inc. ___ ere $1,514,619.15 Line Bin Coda Description .. ' Amount ! Loan 1 Funding $1,514,619.15 i a , ' ._ ._ 4.115.129.1212} 9990451 72-ADJ o4l30I19 PS Funding Inc. Wire ADJ Miscellaneous: WMA 9990451 12-ADJ 05I01I19 PS Funding Inc. Wire 04130119 ADJ Miscellaneous: ProClear 9990451 72-ADJ 05lgl19 PS Eundjng Inc. _ ‘ Wire u 94130119 g-Line Bil! Code Descnptififi' ’ ’ ' ' ’ i Amoum 2 _ Loan 1 Funding - m I "“_"-"(§T,§fif€1”gj1”5')' L m- ‘ -._.,._._____<§1;_514_.2111_5L. ADJ Miscellaneous. Lender Requested Wire to be Returned 9990451 72-ADJ 05/08I19 PS Funding Inc. Wire ADJ Miscellaneous: Remove date per C Thao--rejecling funds back to k sscoapsozo Page1 om Escrow# FSBC- Primed on 05/29/19al 2:10 pm PST by Jason Herrera for profile 403 Baacom r.- I '\ Sihgle Ledger Balance FSBC- ' (continued) RefICk Trust Payee! Payer Cleared , Number Date Adjustments Medium Date Amount TRUST ACCOUNT TRANSACTIONS (contlnuad)mm L; "’31 : POSTED (continued) 999045273 05/03“! The Larry E. Mlllward Living Trust _ ere M__u______ $150.000-00 g Line aiu Code Descn'ption Amount a E’i'céss ‘ 'fl 3150.060166- 1 Third Patty Deposit- The Larry E. Millward Livir $150.000.00 i ($150,000.00) h_., _.51592999-31. 999045273 05/03/19 The Larry E. Millward Living Trust “Wire ADJ Miscellaneous: System Generated 999045273-ADJ 05/05/19 The Larry E. Millward Living Trust Wire - 05/03/19 ADJ Miscellaneous: ProClear 999045213-ADJ 05I17I19 TheEarry E. Mlllward Living T5105!“ ere ‘ _ ._I 05I03I19 E Line Bill Code Description I Amount ' Excess , ($150,000.00) Third Patty Deposit- The Larry E. Millward lJvir ($25.000 00) _ . _d _ __w _ _fi “m _g M _ __(3175 09L00) ‘' ADJ Miéééllaneous: réium 5f-fundé N - ' 999045273-ADJ 05/1353 The Larry E. Millward Living TrusL ”__{Iyllg fi_ 05l03_l_1_9 ‘ Line Bill Code Description Amount Third Pany Deposlt- The Larry E. MIIIward Livi? " 325360.60 3150110090 $175,000.00 ADJ Miscellaneous: correction 999045283 05l03l19 DMJ HOME SOLUTIONS LLC. alflqyggaflg __ flv___‘m~__‘__ $14,957.53 Line Bill Code Description Amount Cash To Close FromlTo Borrower $11,957.53 - >_ $14,957.53 999045283-ADJ 05103!” DMJ HOME SO_!.UT_IONS Llrgg_a_l_v_9y_§_gg_wgg_e‘ Line. Bill Code Description Amount-" " " 'Eiéfi To Closé ?Erfifi'd "BormWé'rmm'" ’ ‘ “ (3143-5753) $114,957.53 $1oo.agp_.go_ ADJ Miscellaneous: ftc 999045283-ADJ 05/05/19 DMJ HOME SOLUTIONS LLC. a Nevada Wire 05I03I19 ADJ Miscellaneous: ProClear 5 INCOMING WIRES: $1 .779.576.68 12 Adjustments: $0.00 - $1,779,576.68 VOIDED 9990451 TZ'ADJ 05,03,19 Perufidifigr Inc. Wire vm(s1;51451 9:1 5) ADJ Status: rejecting wire ,. ‘ .. . ,. ,. . fl IIIII ($1,514.61 9.1 5) REGEIF-Ts V PENDING . - DMJ HOME SOLUTIONS LITE: E0333: W ~ I $125,000.00 f‘ Line am Code Description Amou'm 1 I Cash To Close FromlTo Borrower $125 000 00' i ...... _ _ __M_§12_5,000.09__§ SSCORP5020 Page 2 of 4 Escrowfl FSBC- ‘ ' Printed on 05I29I19 a1 2:10 pm PST by Jason Herrera for profile 403 Bascom no /r / \ 1 i' e Single Ledger Balance FSBC- ' " (continued) RofIc-k I Trust PayeeIPayor . Cleared Number Date Adjustments Medium Date Amount TRUST ACCOUNT TRANSACTIONS [continued] Réé‘éms (com! u'au) ._ " 5V PENDING (continued) PS Funding Inc. ‘ . $1,514,619.15 i Line BmCode Description Amount ” ‘L’Jan'i Fdhfi'iHE'” - " $7514 61‘9"]? §_ $1,5' 14 m.15 ‘ _ 2PEMDING RECEIPTS' ”FENDING ' » , Alameda County Treasurer - Tax Collec __ $31,178.42 E Line BillCcde Description Amount § Property Taxes-201a-2o19 - s1a,169.52 ' v Property Taxes-Secured 2017-2018 $5546.10 ‘ Property Taxes.secured-374s1785 $1,502.70 Property Taxes- Supplemental- 67306600 $5.560.1 0 2 . ..... _ .._ . ._._..,§3.L-118_-_43__ _ Michael s. Lucio ___I u '_ _ I _ __ $525.00 ; Line BillCode Description Amount ' NOT ‘ Tiue- Mob'flé Signing Fae ’ ' ‘ $525.00 Fidelity National Title $30.00 I Line BillCode Descnption Amount I NOT Title - Mobile Signing Fae ' $30.00 ~ _ _ ‘ V $30.00 ' ' ChicagoTltle Company _I __W___.__ ‘__ > $15.00 ialiné -Bil|Code Description I - _mAmount i"""" W6? ' mfii’léJMEBi’iéé’ifiiinfi'Fé'é ” " ""'_""'-_-$1‘5__05‘ ‘ ' ' Mac Ink Signing seivlce __ ‘ $125.00 Lina BillCode Description . Amount ‘ Nbr Tune - Mobile Signing Fae ' $125.60 $125.00 Consortium Equity $51,262.50 i Line BillCode Description Amount Broker Fee 348.2%.5'0' Processing Fee $995.00 Underwriting Fee $1,995.00 _ _ .‘__. . ‘ . __§§1..-39?:_5.9. pelgrus Eq_uity Grouplnc ______ _ A _I irf-I-wsusmszm- V LiHe BIIICode Description A5136!-""‘“ Payoffo'f’FirstMortga'ge Loan - “M“ "‘“‘ _,$1as‘7 252.51 i .... ._.. ___ . 3166725251 TPENDING CHECKS: $1,150,398.43 OWGOING WIRES » PENDING ssc0RP5020 Page a or 4 Escrow FSBc-v Printed 0n 05/29/19“ 2:10 pm PST by Jason Herrera for profile 403 Bascom r; / v Single Ledger Balance FSBc-' I (ggntinued) RefICk Trust Payee! Payer ' Cleared Date Adjustments Medium Date Amount _ '39 One Manly, LLC ________ $24.1 36.25 i: Line Bill Code Description m-t I Amount ‘ ' " ‘ ‘B'EEIGFZ F'e? ' " $243563 §_ _..... _ __ . - fi _. _.-...__.sz4.,1§§2_5... _____ 1 PENDING OUTGOING WIRE: $24.1 36.25 POSTED 303010635 05/08I19 DMJ HOME SOLUTIONS LLC. a Nevada Wire $100,000.00 303010635-ADJ 05IOBI19 DMJ HOME SOLUTIONS LLC. a Nevada Wile ADJ Miscellaneous: WMA - 303010635-ADJ 05l09l19 DMJ HOME SOLUTIONS LLC. a Nevada Wire 05I08I19 ADJ Miscellaneous: Cleared for Bank Statement (CAFSCWF6914, 5/8/ 303010686 05l11l19 DMJ HOM§§9LUTION§1J£LQflaggifllggw‘I a _ ”___“. n 325.000.00 E Line Bill Code Descriptlon Amount i . i Funds Withdraw Prior’tTiEf'oEéwmm' ’ ~ "‘"wS‘z‘B-fio-ofofi -4 .V . . .. ...... . ___.___... ., 5.?5..°_°Ez°_°._ 303010536-ADJ 05l17l19 DMJ HOME SOLUTIONS L'Lc, a Nevada Wits ADJ Miscellaneous: WMA ‘ 303010686-ADJ 05120I19 DMJ HOME SOLUTIONS LLC, a Nevadz Wile 05I17I19 ADJ Miscellaneous: Cleared for Bank Statement (CAFSCWF6914. 5/1'. 2 OUTGOING WIRES: $1 25,000.00 4 Adlustments: $0.00___...- Total: $125,000.99 TRANSEERSU PENDING - - __ F!!L°'.“¥.Ni¥i9na{TFSIEQQPFPW . _ _ _ . . ‘ 55.05”" Line aiu Code Description Amount i, E ESC TItIe-Escrow Fee $925116 = ' NBE Revenue Sharing Expense ($1,809.00) l ‘ N31 Revenue Sharing Income $1309.00 g ‘| NOT nue - Notary ' $15.00 I l NOT Title - Notary $30.00 i RED Recording Fees $450.00 RES Title - Recording Service Fee $14.00 E ‘ Tp mIa-Lenders rule Insurance $3313.00 i ilk-..” 35.05230 | 1 PENDING LEDGER TRANSFERH: $5,052.00 TRUST ACCOUNT ENDING BALANCE: $139.951.53 ENDING LEDGER BALANCE IN TRUST ACCOUNT: CAFSCWF6914: $139,957.53 COMBINED ENDING BALANCE: ‘ $139,951.53 ' Balance Including pending items: $0.00 sscoapsozo Page 4 of 4 Escrow FSBC- Pn'Mad 0n 05/29/19al 2: 10 pm PST by Jason Herrera for prams 403 Bascom
