Motion To Consolidate CasesMotionCal. Super. - 4th Dist.September 24, 201820 21 22 23 24 25 26 27 28 Jing Wang, Esq. [SBN: 295754] KINGSWOOD LAW, PC 1370 Valley Vista Drive, Suite 200 Diamond Bar, CA 91765 Office: (626) 353-8682 Fax: (626) 226-5821 Email: jw@kwlaws.com Attorney for Plaintiff Chester C. Davenport SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER CHESTER DAVENPORT,an individual, Case No. 30-2018-01020892-CU-OR-CJC Plaintiff, [Assigned to Hon. Sheila Fell; Dept. C25] Vs. PLAINTIFF CHESTER DAVENPORT’S MECHANICS BANK; OLD REPUBLIC NOTICE OF MOTION AND MOTION TO TITLE COMPANY, RONALD SEIDNER (1) CONSOLIDATE ACTIONS FOR TRIAL; aka RON SEIDNER,an individual; and AND (2) STAY UNLAWFUL DETAINER DOES 1 to 20, Inclusive, ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF Defendants. JING WANG,ESQ. Date: December 12, 2018 Time: 10:00 a.m. Dept.: S25 Reservation Number: 72920404 RONALD JAY SEIDNER,an individual Case No. 30-2018-01023087-CL-UD-HNB Plaintiff, [Unlawful Detainer Action - Newport Harbor Vs. Justice Center] CHESTER DAVENPORT,an individual; and DOES 1 through 25, Inclusive, Defendants. 1 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECI.ARATION OF JING WANG. ESO. 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 TO: THE CLERK OF THE COURT, AND TO THE FOLLOWING INTERESTED PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: RONALD JAY SEIDNER, and hisattorneys of record, Brett L.. McClure, Esq. and Reed S. Waddell, Esq.; MECHANICS BANK, and to their attorney of record, Tom R. Normandin, Esq.; and OLD REPUBLIC TITLE COMPANY, and to their attorney of record, Jesse S. Hernandez, Esq. NOTICE IS HEREBY GIVEN that on December 12, 2018, at 10:00 a.m., or as soon thereafter as the matter may be heard, in Department C25 of the above entitled Court located at 700 Civic Center Drive West, Santa Ana, CA 92701, Plaintiff Chester Davenport will appear and move this Court for an order to consolidate the Unlawful Detainer action, in the case of Ronald Jay Seidner v. Chester C. Davenport, Case No. 30-2018-01023087-CL-UD-HNB, currently pending in the Newport Harbor Justice Center, with this unlimited wrongful foreclosure civil action for trial. Furthermore, Plaintiff will request that a stay be placed on the unlawful detainer action until the merits of Plaintiff’s wrongful foreclosure action are resolved. The aforementioned motion to consolidate is pursuant to C.C.P. § 1048(a) on the grounds that both cases involve common issues, and/or questions, and for economy and convenience of all parties. The aforementioned motion for stay of unlawful detainer action will be made on the grounds that in the interests ofjustice, Plaintiff should be allowed to remain living in the property located at 2000 E. Oceanfront, Newport Beach, CA 92661, which is the subject of both actions, until the merits of Plaintiffs’ unlimited action based on wrongful foreclosure, can be heard. 2 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JING WANG. ESO. 20 21 22 23 24 25 26 27 28 The aforementioned motions will be based on this Notice of Motion and Motion to Consolidate Actions for Trial and to Stay Unlawful Detainer Action; the Memorandum of Points and Authorities; the Declaration of Jing Wang, Esq.; the papers and records on file herein; and such oral and documentary evidence as may be presented at the hearing of said motion. Dated: October 31,2018 LN[2 7 BZ JING WANG, ESQ. Attorney for Plaintiff Chester C. Davenport 3 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECT.ARATION OF 1ING WANG. FSO r o 20 21 22 23 24 MEMORANDUM OF POINTS AND AUTHORITIES 1. INTRODUCTION Bythis motion, Plaintiff, CHESTER C. DAVENPORT is requesting that this Court consolidate the limited unlawful detainer actionin the case of Ronald Jay Seidner v. Chester C. Davenport, Case No. 30-2018-01023087-CL-UD-HNB, currently pending in the Newport HarborJustice Center, with this unlimited wrongful foreclosure action. Plaintiffis further requesting that this Court stay the unlawful detainer action until the merits of Plaintiff's wrongful foreclosure action have been resolved. 2. PROCEDURAL HISTORY On September 24, 2018, Plaintiff filed the Complaintin this action alleging causes of action for (1) Violation of Civil Code Section 2924g; (2) Wrongful Foreclosure; (3) Cancellation of Trustee’s Sale to Buyer; (4) Fraudulent Concealment; (5) Breach of HELOC Agreement; (6) Violation of Business and Professions Code §17200; (7) Breach of Implied Covenant of Good Faith and Fair Dealing; (8) Promissory Estoppel; and (9) Request for Accounting. On September 27, 2018, Plaintiff appeared, ex parte, in this Court to stop the pending foreclosure sale of Plaintiffs home (subject Property). Initially, the Court indicated that it would grant the TRO, but then Mechanics Bank brought to the Court’s attention that title to the Property in Seidner’s name had already been recorded. The Court then denied Plaintiff's ex parte application on the grounds thattitle to the Property had already been transferred and therefore the requested TRO could not be granted. On October 3, 2018, Plaintiff appeared once again, ex parte, in this Court to stop the pending foreclosure sale of Plaintiff's home (subject Property) based on the premise that the Trustee’s Deed Upon Sale was not valid since Debbie Jackson, Vice President of Old Republic, 4 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JING WANG FSO 16 17 18 20 21 22 23 24 25 26 27 28 signed her name on September 20, 2018, whereas the notary, S. Hamilton, stated that Debbie Jackson appeared in person on September 21, 2018,to sign her name. Plaintiff’s argument was that there was an obvious discrepancy on the face of the Deed. The court denied Plaintiff’s ex parte application. On October 4, 2018, Defendant Ronald Seidner filed the Unlawful Detainer action in the case of Ronald Jay Seidner v. Chester C. Davenport, Case No. 30-2018-01023087-CL-UD-HNB, currently pending in the Newport Harbor Justice Center. Onthis date, Plaintiff filed an answer to the Unlawful Detainer Complaint, therefore, a trial date has not been set in the unlawful detainer action. 3. STATEMENT OF FACTS The facts, as set forth in the Complaint, are as follows: On April 22, 2016, Plaintiff executed a 5-year Home Equity Line of Credit agreement (“HELOC”) with California Republic Bank (“CRB”) in the amount of $2,300,000. [A true and correct copy of the HELOC agreement is attached to the Complaint as Exhibit “A”]. The HELOC had a loan number ending in 3755. The HELOC Agreement was secured by a Deed of Trust on the Property. At the time that Plaintiff obtained his HELOC,he set up a direct auto pay with CRB so that the monthly payments would come out of Plaintiff's CRB bank account ending in 3755. Effective October 1, 2016, Mechanics Bank merged with CRB. Thereafter, Mechanics Bank monitored Plaintiff’s HELOC. Subsequent to the merger of Mechanics Bank and CRB, Mr. Davenport’s account ending in 3755 was transferred from the CRB bank officer that was handling his account, to Bert T. Simmons, a Mechanics Bank account officer. However, based on telephone conversations and 5 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JING WANG. ESO 22 23 24 26 27 28 emails exchanged between Mr. Davenport and Mr. Simmons,it was evident that Mr. Simmons was not aware that Mr. Davenport's monthly mortgage payments were to be deducted from his CRB bank account ending in 3755. When Mr. Simmons advised Mr. Davenport that his loan was in default, Mr. Davenport tried to explain to him that his mortgage loan could not have been in default since his CRB bank account ending in 3755 was set up to have his mortgage payments automatically deducted from this account. Apparently, after the merger, Mechanics Bank must have made changes to Mr. Davenport's CRB bank account ending in 3755 so that his mortgage payments were not automatically deducted from this account, however, Mr. Davenport was not aware ofthis since Mechanics Bank never notified him that it had made any changes to his CRB bank account ending in 3755. To illustrate the apparent confusion, Mr. Davenport’s has collectively attached to his declaration as Exhibit “A” are copies of email exchanges between Mr. Simmons and Mr. Davenport on November 29, 2017 and December 5, 2017. On or about October 6, 2017 and November 13, 2017, Plaintiff wire-transferred money into his CRB bank account ending in 3755 to cover the HELOC loan payments that were due for the months of September, October, November and December 2017, however, for reasons unknown, the loan payments due were not automatically withdrawn by Mechanics Bank from Plaintiffs CRB bank account ending in 3755 to cover the aforementioned loan payments when they were due. Thereafter, Old Republic, as the trustee on behalf of Mechanics Bank, caused the recording of a Notice of Default and Election to Sell Under Deed of Trust against Plaintiff and the Property, despite the fact that Plaintiff was current in the HELOC monthly payments that were owed to Mechanics Bank. 6 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JING WANG. ESO. 20 21 22 23 24 25 26 27 28 On or about April 23, 2017, Old Republic, on behalf of Mechanics Bank, caused to be recorded a Notice of Trustee's Sale with the Orange County Recorder’s Office which indicated an unpaid balance of $1,458,155.79, and a sale date of May 17, 2018 regarding Plaintiffs Property. On May 23, 2018, Plaintiff's attorney, Jing Wang, the undersigned, sent a letter to Mechanics Bank's attorney, Tom R. Normandin, advising him that the Property was Plaintiffs primary residence, and that the trustee, Old Republic, had not followed the correct procedures in attempting to foreclosure on a primary residence, and that Mechanics Bank had not correctly applied some of the loan and/or mortgage payments to his loan. Ms. Wang then requested from Mr. Normandin that Mechanics Bank produce a full and complete accounting ofall loan payments credited to Plaintiff, however, despite Ms. Wang’s request, Mechanics Bank did not produce the requested complete accounting of all loan payments credited to Plaintiff. It is alleged that Mechanics Bank notified Plaintiff that he was in default of the HELOC payments that were due for the months of September, October, November and December 2017, and that Mechanics Bank instructed Old Republic to start foreclosure proceedings against Plaintiff’s Property, despite knowing that Plaintiff was not in default of the aforementioned payments. It is further alleged that it was Mechanics Bank’s intent to foreclose on Plaintiffs Property thereby extracting thousands of dollars, if not millions, in profits. It is further alleged that Mechanics Bank has a well-documented history of wrongfully foreclosing on other real estate properties, thereby extracting unfair profits. Thereafter, Plaintiff filed a bankruptcy petition in the United States Bankruptcy Court, Central District of California - Santa Ana Division, Case No. 8:18-bk11759-MW, at which time 7 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JING WANG. ESO 20 21 22 23 24 25 26 27 28 an automatic stay was put in effect thereby preventing the trustee’s sale of Plaintiff’s Property from moving forward. On September 11, 2018, and in anticipation that the bankruptcy stay in Plaintiffs bankruptcy action would be lifted or Plaintiff’s Property would be abandoned by the trustee, Ms. Wang called Mr. Normandin to discuss settlement in which Plaintiff could cure his default with Mechanics Bank. Since Mr. Normandin was not available, Ms. Wang left a voicemail message that she wanted to discuss settlement about Plaintiff saving his home from foreclosure. On September 12, 2018, and pursuant to Mr. Normandin’s specific instructions, Cathy Jones, paralegal to Mr. Normandin, sent Ms. Wang the following email message: “Good morning Ms. Wong: In response to your voice mail message regarding Mr. Davenport, please put any settlement offer in writingfor consideration by Mechanics Bank. Thankyou.” On or about September 12, 2018, Karen Sue Naylor, the duly appointed, qualified and acting Trustee of Plaintiff’s estate (as the debtor) in the aforementioned bankruptcy action, filed a Notice of Intent to Abandon Property of the Estate whereby Plaintiff’s Property was no longer part of said bankruptcy action. On or about September 13, 2018, and after receiving Ms. Jones’ email, Ms. Wang contacted Plaintiff and requested that he submit to her a detailed settlement proposal to cure the default with Mechanics Bank that she could submit to Mr. Normandin for his review and consideration. On September 20, 2018, Plaintiff received a telephone call from Garrett Weston, with Stanfield Real Estate, who informed Plaintiff that he had received a telephone call from the “new owner” advising him that he had purchased Plaintiff’s Property that morning. Plaintiff was in 8 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECI.ARATION OF JING WANG. ESO 20 21 22 23 24 25 26 27 28 shock when he heard this news since based on the email that Ms. Wang received from Cathy Jones, he was underthat impression that Mechanics Bank was working with Ms. Wang on a settlement to pay off his arrearages in order to save Plaintiff’s Property from foreclosure. On September 21, 2018, Plaintiff contacted Garrett Weston and asked him for the name of the buyer who had purchased his Property. On September 22, 2018, Garrett Weston contacted Plaintiff and told him that that name of the buyer who purchased his Property was Seidner. 4. CONSOLIDATION OF BOTH ACTIONS FOR TRIAL IS APPROPRIATE C.C.P. § 1048 states in relevant part: (a) When actions involving a common question oflaw orfact are pending before the court, it may order ajoint hearing or trial ofany or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. The general rule is that an unlawful detainer action may not be tried together with other causes. (Childs v. Eltinge (1973) 29 Cal. App. 3d 843, 852.) The reasonis because this preserves the summary procedure to determine possession of premises. (Id. at 853). However, an exception is created to the general rule when the issue oftitle is at issue in both cases. (Greenhut v. Wooden (1982) 129 Cal.App.3d 64, 69.) A full trial should be allowed where complex issuesoftitle or possession cannot be fairly litigated in a summary proceeding. See, e.g., Greenhut v. Wooden (1982) 129 Cal App. 3d 64. Where a tenant's independentcivil suit raises title issues, courts may orderit consolidated with a simultaneously pending unlawful detainer. See, e.g., Wilson v Gentile (1992) 8 Cal. App. 4th 759, 761. This is because, if the tenant prevails on a claim oftitle, it will defeat the landlords 9 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECIARATION OF JING WANG. ESO 10 11 12 13 17 18 19 20 21 22 23 24 25 26 27 28 right to recover possession of the premises. Freidman, Garcia & Hagarty Landlord Tenant 8:409.1 (The Rutter Group (2002). For example, in a wrongful foreclosure case, instead of the normal landlord-tenant relationship, the dispute is between a buyerat a trustee's sale and the prior owner. In Plaintiff’s civil action for wrongful foreclosure, as well as Ronald Jay Seidner’s unlawful detaineraction, each action involves a dispute regarding the subject Newport Beach home and involves similar issues since each action involves the possession and ownership ofthe subject Property. Clearly, judicial economy and the convenience of the parties and this Court would best be served by allowing the consolidation of both cases. S. A STAY OF THE UNLAWFUL DETAINER ACTION IS APPROPRIATE Plaintiff contends that the loss of his home, the subject Property, was based on wrongful foreclosure proceedings, and that he should never have lost ownership of his Newport Beach home. Plaintiff further contends that it would be a miscarriage ofjustice if he were to be evicted from his own home before the merits of this unlimited wrongful foreclosure action can be resolved. In this regard, Plaintiff submits that in the interests ofjustice and equity, he should be allowed to continue to live in the subject Property until the merits of his lawsuit have been resolved. 6. CONCLUSION For the reasons set forth herein, Plaintiff respectfully request that this Court consolidate both actions, with this unlimited wrongful foreclosure action being the lead case. In addition, Plaintiff respectfully requests that this Court stay the unlawful detainer action until the merits of this unlimited wrongful foreclosure action have been resolved. 11 10 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JING WANG. ESO 20 21 22 23 24 25 26 27 28 Dated: October 31, 2018 11 nN REVWANG, ESQ. Attorney for Plaintiff Chester C. DaA PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECIARATION OF JING WANG. FSO. EXHIBIT “A” Brett L. McClure, (State Bar No. 210855) bmcclure@frandzel.com Reed S. Waddell, (State Bar No. 106644) rwaddell@frandzel.com FRANDZEL ROBINS BLOOM & CSATO, L.C. 1000 Wilshire Boulevard, Nineteenth Floor Los Angeles, California 90017-2427 Telephone: (323) 852-1000 Facsimile: (323) 651-2577 Attorneys for Plaintiff, Ronald Jay Seidner, an individual ELECTRONICALLY FILED Superior Court of California, County of Orange 10/04/2018 at 04:56:06 PM Clerk of the Superior Court By Diana Cuevas, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, HARBOR JUSTICE CENTER RONALD JAY SEIDNER, an individual Plaintiff, V. CHESTER C. DAVENPORT, an individual; and DOES 1 through 25, Inclusive, Defendants. 3076240.1 | 101134-0001 Case No. 30-201%-01023087-CL-UD-HNE VERIFIED COMPLAINT FOR UNLAWFUL DETAINER [Limited Civil Case - no amount demanded] VERIFIED COMPLAINT FOR UNLAWFUL DETAINER F R A N D Z E L R O B I N S B L O O M & Cs AT oO , L. C. 1 0 0 0 W I L S H I R E B O U L E V A R D , N I N E T E E N T H F L O O R L O S A N G E L E S , C A L I F O R N I A 9 0 0 1 7 - 2 4 2 7 ( 3 2 3 ) 8 5 2 - 1 0 0 0 r o ~ ~ S N n n A Plaintiff, RONALD JAY SEIDNER, an individual, complains and alleges as follows: FIRST CAUSE OF ACTION (For Unlawful Detainer as against All Defendants) 1. Ronald Jay Seidner, (“Plaintiff” or “Seidner”), is an individual who resides in the City of Covina, County of Los Angeles. oF By virtue of a Trustee’s Deed Upon Sale dated as of September 21,2018, and recorded in the Official Records of Orange County, California on September 25, 2018,as Instrument No. 2018000350684 (the “Trustee’s Deed”), Plaintiff is the current owner ofthat certain real property located in the City ofNewport Beach, Orange County, California, commonly known as 2000 E. Oceanfront, Newport Beach, CA 92661 ( the “Property”). As the Property is located within this jurisdiction, this Court is the proper Court for the trial ofthis action. A true and correct copy of the recorded Trustee’s Deed granting Plaintiff title to the Property is attached hereto as Exhibit “1” and incorporated herein. BS Plaintiff is informed and believes and thereon alleges that Defendant Chester C. Davenport (“Defendant” or “Davenport”) is an individual who resides in the County of Orange, State of California. 4, As set forth below in more detail below, Plaintiff is informed and believes and thereon alleges that Defendant Davenport is the former owner and current full or part time occupant of the Property, whose interest therein has been terminated by (i) the foreclosure sale, and (ii) the recordation of the Trustee’s Deed,all as discussed more fully below. oe Plaintiff does not know the true names or capacities ofDOES 1 through 25, inclusive, and therefore sued these Defendants by such fictitious names. Plaintiff is informed and believes and thereon alleges that each ofthe fictitiously named Defendantsis or may be in possession of, or claim a right to possession of, the Property in some capacity. When Plaintiff ascertains the true names and capacities of DOES 1 through 25, inclusive, it will amend its Complaint accordingly. 111 ry 3076240.1 | 101134-000t 2 9 VERIFIED COMPLAINT FOR UNLAWFUL DETAINER F R A N D Z E L R O B I N S B L o O M & C s a T O , L . C . 1 0 0 0 W I L S H I R E B O U L E V A R D , N I N E T E E N T H F L O O R L O S A N G E L E S , C A L I F O R N I A 9 0 0 1 7 - 2 4 2 7 ( 3 2 3 ) 8 5 2 - 1 0 0 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Plaintiff is informed and believes and thereon alleges that each Defendant, including the Defendants served as DOES herein, claims some type of possessory interest in the Property. 7, Plaintiff is informed and believes, and thereon alleges that or about April 22, 2016, Defendant Davenport duly executed and delivered to California Republic Bank, predecessor by merger to Mechanic's Bank, that certain Deed of Trust dated as of April 22, 2016, which was recorded on April 26, 2016, as Instrument No. 2016000181309 in the official records of Orange County, California (the “Deed of Trust”). A true and correct copy of the Deed of Trust is attached hereto as Exhibit “2” and incorporated herein. 8. Plaintiff is informed and believes, and thereon alleges that on or about September 20, 2018, the duly authorized Trustee under the Deed of Trust conducted a duly noticed and authorized non-judicial foreclosure sale of the Property via the due exercise of the power of sale conferred upon said Trustee in the Deed of Trust. Plaintiff was the successful purchaser ofthe Property at this foreclosure sale. 9) On September 21, 2017, the duly authorized Trustee under the Deed of Trust executed and issued the Trustee’s Deed attached as Exhibit 1, transferring title of the Property to Plaintiff, and terminating any interest of Defendants therein. As noted, the Trustee's Deed was duly recorded in the Official Records for Orange County, California, as Instrument No. 2018000350684, on September 25, 2018. 10. On September 28, 2017, Plaintiff caused a “THREE DAY NOTICE TO QUIT FOLLOWING TRUSTEE’S SALE” (“3-Day Notice”) to be and posted at the Property, and to be mailed to Defendant Davenport and his counsel. A true and correct copy of the 3-day Notice is attached hereto as Exhibit "3" and incorporated herein by this reference, and the related Proofs of Service and/or delivery regarding the 3-Day Notice are collectively attached hereto as Exhibit “4” and incorporated herein by this reference. 11. The period stated in the 3-Day Notice expired before October 3, 2018,the date on which this Complaint was verified. a 3076240.1 | 101134-0001 3 3 VERIFIED COMPLAINT FOR UNLAWFUL DETAINER F R A N D Z E L R O B I N S B L o O M & C s a T O , L . C . 1 0 0 0 W I L S H I R E B O U L E V A R D , N I N E T E E N T H F L O O R L O S A N G E L E S , C A L I F O R N I A 9 0 0 1 7 - 2 4 2 7 ( 3 2 3 ) 8 5 2 - 1 0 0 0 O o 0 O y 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 12. Defendant Davenport and/or Does 1-25, inclusive, have failed to quit and deliver up the Property to Plaintiff on or before October 5, 2018,or at any time thereafter, and possession of the Property continues to be held, and the Property continues to be occupied by, Defendant Davenport and/or DOE’s 1 through 25, inclusive, without any such Defendant having any legal claim or right to same. 13. As a result of the foregoing, Plaintiff demands immediate possession of the Property from Defendant Davenport, and from DOES 1 through 25, inclusive, because by virtue of the Trustee’s Deed, Plaintiff is the owner of, holds perfectedtitle to, and has the full and exclusive right to possess, enjoy, and use the Property, and because none of the Defendants now have, or have retained, any legal right to possess, enjoy, occupy or otherwise use, the Property. 14. The continued possession of the Property by Defendants, or any of them, despite the expiration ofthe time period set forth in the 3-Day Notice, constitutes a willful and deliberate holding over by each such Defendant. 15. The continued possession of the Property after expiration of the time period set forth in the 3-day Notice is without legal right and against Plaintiff’s will, and Plaintiff is entitled to an immediate Judgment for Unlawful Detainer and for an order granting immediate possession of the Property against Defendants, and each of them. 16. Plaintiff presently seeks only a judgment for unlawful detainer in this action, together with the allowable costs involved herein (including attorneys’ fees as may be appropriate as an item of costs). Plaintiff, will bring a separate action for damages and/or declaratory relief if and when appropriate. WHEREFORE, Plaintiff prays Judgment against Defendants, and each of them, as follows: 1. For Judgment for Unlawful Detainer and for immediate possession of the Property from all Defendants, including Defendant Davenport and DOES 1 through 25, inclusive; os For costs of suit incurred herein, including reasonable attorneys’ fees from all Defendants, including Defendant Davenport and DOES 1 through 25, inclusive, to the extent allowable in any unlawful detainer action, according to proof; and, 111 3076240.1 | 101134-0001 4 4 VERIFIED COMPLAINT FOR UNLAWFUL DETAINER F R A N D Z E L R O B I N S B L o o M & C s a T o O , L . C . 1 0 0 0 W I L S H I R E B O U L E V A R D , N I N E T E E N T H F L O O R LO S AN GE LE S, CA LI FO RN IA 9 0 0 1 7 - 2 4 2 7 ( 3 2 3 ) 8 5 2 - 1 0 0 0 15 16 17 18 19 20 21 OL 23 24 25 26 27 28 5 For such other and further relief as the Court deems just and proper. DATED: October 4.2018 3076240.1 | 101134-0001 FRANDZEL ROBINS BLOOM & CSATO, L.C. BRETT L. MCCLURE REED S. WADDELL By: oN_ go Ec REED S. WADDELL Attorneys for Plaintiff, RONALD JAY SEIDNER, an individual 5 5 VERIFIED COMPLAINT FOR UNLAWFUL DETAINER 1 0 0 0 W I L S H I R E B O U L E V A R D , N I N E T E E N T H F L O O R F R A N D Z E L R O B I N S B L O O M & C s A T O , L. C. L O S A N G E L E S , C A L I F O R N I A 8 0 0 1 7 - 2 4 2 7 (3 23 ) 85 2- 10 00 O 0 0 ~ N O N v n H h Ww W N = N N N N N N N N ® 3 & 6H R B PB 2 8 8 » 3 a E H H = 5 VERIFICATION STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I have read the foregoing VERIFIED COMPLAINT FOR UNLAWFUL DETAINER and know its contents. Bl I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and asto those matters I believe them to be true. 0 I am the Managing Member of 10251 Sunrise Lane, LLC, a California limited liability company, a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. a I am informed and believe and on that ground allege that the matters stated in the foregoing documentare true. O The matters stated in the foregoing documentare true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. a I am one of the attorneys for Plaintiff , a party to this action. Such party is absent from the county where such attorneys havetheir offices, and I make this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing documentare true. I declare under penalty of perjury under the lawsof the State of California that the foregoing is true and correct. Executed on October23,2018, at 11S MV824S8_Ave Lqund.cd “1172 2 Ronald Jay Seidner : Print Name of Signatory Signature 3076240.1 | 101134-0001 6 VERIFIED COMPLAINT FOR TINT. AWFRI IT. DETAINFR EXHIBIT 1 ia in Official Records, Orange County Nguyen, Clerk-Recorder I 29.00 2018000350684 405pm 09/25/18 RECORDING REQUESTED BY: 63406 TOS 207 2090.28 2090.27 0.00 20.00 3.00 0.00 0.000.000.00 0.00 AND WHEN RECORDED TO: Ronald Jay Seidner 1151 N. Azusa Avenue Covina, CA 91722 Forward Tax Statements to the address given above Algs3isl SPACE ABOVE LINE FOR RECORDER'S USE TS #: 0125001851 Loan #: 4001013755 TRUSTEE'S DEED UPON SALE APN: 048-262-32 Transfer Tax: $4-\ 30" oF ‘I'he Grantee Herein was not the Foreclosing Beneficiary. The Amount of the Unpaid Debt was $2,579,325.01 The Amount Paid by the Grantee was $3,800,100.00 Said Property is in the City ofNewport Beach, County of Orange Old Republic Title Company, as Trustee, (whereas so designated in the Deed ofTrust hereunder more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY to Ronald Jay Seidner (herein called Grantee) but without covenant or warranty, expressed or implied, all righttitle and interest conveyed to and now held byit as Trustee under the Deed of Trust in and to the property situated in the county of Orange, State of California, described as follows: As more fully described on said Deed of Trust. This conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by Chester Davenport, a married man,as his sole and separate property as Trustor, dated 4/22/2016 ofthe Official Records in the office of the Recorder of Orange, California under the authority and powers vested in the Trustee designated in the Deed of Trust or as the duly appointed Trustee, default having occurred under the Deed of Trust pursuant to the Notice ofDefault and Election to Sell under the Deed of Trust recorded on 4/26/2016, instrument number 2016000181309, of official records. Trustee having complied with all applicable statutory requirements of the State of California and performed all duties required by the Deed of Trust including sending a Notice of Default and Election to Sell within ten days afterits recording and a Notice of Sale at least twenty days prior to the Sale Date by certified mail, postage pre-paid to each person entitled to notice in compliance with California Civil Code 2924b. TRUSTEE'S DEED UPON SALE TS #: 0125001851 Loan #: 4001013755 © All requirements per California Statutes regarding the mailing, personal delivery and publication of copies of "Notice of Default and Electionto Sell under Deed ofTrust and Notice of Trustee's Sale, and the posting of c opies of Notice of Trustee's Sale have been complied with, Trustee, in compliance with said Notice of Trustee's sale and in exercise of its powers under said Deed of Trustsold said real property at public auction on 9/20/2018. Grantee, being the highest bidder at said sale became the purchaser of said property for the amount bid, being $3,800,100.00, in lawful money ofthe United States, receipt thereof is hereby acknowledged in full/partial satisfaction of the debt secured by said Deed of Trust. In witness thereof, Old Republic Title Company,as Trustee,has this day, caused its name to be hereunto affixed byits officer thereunto duly authorized by its corporation by-laws. Date: 9/20/2018 Old Republic Title Company, as Trustee \ \ l { \ » pos . if \t Cai ae By: _ (fk \iy 2 Debbie Jackson, Vice President 1 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 California COUNTY OF Contra Costa On 9/21/2018 before me, S Hamilton Notary Public, personally appeared, Debbie Jackson who proved to me on the basis of satisfactory evidenceto be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the samein his/her/their authorized capacity(ies), and that by * his/her/their 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 OF PERJURY under the laws ofthe State of California that the foregoing paragraph is - true andcorrect, WITNESS my hand and official seal, Ca eine5 ei Binefn Era Sn Eales iw Lm S. HAMILTON f pe FETE Notary Public - Calliornia SL= ] Contra Cotta County z i or ; Commission # 2 151443 © ar Ei i at My Comm, Expirss Ap! 30, 2020 f EXHIBIT 2 Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Desc Main Document Page 16 of 39 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder ord.PcRE 2016000181309 8:29 am 04/26/16 Callfornla Republic Bank ITHM6D11F13 9 heOAamgOE 0.00 0.00 0.00 0.00 24.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: California Republic Bank Attn: Note Department 18400 Von Karman Ave, Suite 1100 Irvine, CA 82612 SEND TAX NOTICES TO: Chester Bavepport 2L090 E. Oceanfront Nowport Beach, CA 82661 FOR RECORDER'S USE ONLY CALIFORNIA REPUBLIC BANK DEED OF TRUST Variable Interest Rate Revolving Line of Credit THIS DEED OF TRUST is dated April 22, 2016, among Chester Davenport, a married man, as his sole and separate property whose address fs 2000 E. Oceanfront, Newport Beach, CA 92661 (“Trustor™); Californla Republic Bank, whose address is 18400 Von Karman Ave., Suite 1100, frvine, CA 92612 (referred to below sometimes as "Lender" and sometimes as "Beneficlary"); and (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor Jrrevocably grants, transfers and assigns to Trustee In trust, with power of sale, for the benefit of Lender as Beneficlary, all of Truslar's right, title, and Interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (Including stock in utilifes with ditch or irrigation rights); and all other rights, royaltles, and profits relating to the real property, including without limitation all minerals, oll, gas, geothermal and similar matiers, {the “Real Property”) located in Orange County, State of California: Lot 1 of Block D, of Tract No. 518, in the City of Newport Beach, County of Orange, State of California, as per Map recorded In Book 17 Pages 33 to 36 Inclusive of Maps, of Miscellaneous Maps, In the Office of the County Recorder of sald County. The Real Property or Its address is commonly known as 2000 East Ocean Front, Newport Beach, CA 92661. The Assessor's Parcel Number for the Real Property is 048-262-32. REVOLVING LINE OF CREDIT. This Dead of Trust secures the indebtedness Including, without limitation, a revolving line of credit, which obllgates Londer to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement, Notwithstanding the amount outstanding at any particular time, this Deed of Trust secures the total amount of the Credit Agreement. The unpaid balance of the revolving line of credit under the Credit Agreement may at cerlaln times ba Zaro Dollars (50.00). A zero balance does not affect Lenders agreoment to make advances to Trustor under the Credit Agreement, Therefore, Lender's Interest under this Deed of Trust will remaln In full force and effect notwithstanding a zero balance on the Credit Agreement. Such advances may be made, rapaid, and remade from time to time, subjoct to the limitation thal the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided In the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided In either the Indebfedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agroement. 1t Is the Intention of Trustor and Lender thal this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zere up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. Trustor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) al) of Trustor's right, title, and interest In and to all present and future leases of the Property and all Rents from the Property. This Is an absolute assignment of Rents made In connection with an obligation secured by real property pursuant to California Civil Code Seclion 2838, In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Properly and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANGE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they becoms due, and shall strictly and in a timely manner perforin all of Trustor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents. [reonmeco] nasoo 11 Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Main Document Page 17 of 39 Sms DEED OF TRUST Loan No: 5 (Continued) Page 2 POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees thai Trustor's possession and use of the Property shall be governed by the following provisions: d Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and {3} collect the Rents from the Property. Duty to Malntaln. Trustor shall maintain the Property In good condition and promptly perform all repalrs, replacements, and maintenance necessary to preserve its value, Compliance With Environmental Laws, Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of the Property, there has baen no use, generation, manufacture, storage, treatment, disposal, release or threatened releass of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason fo believe thet there has been, except as previously disclosed to end acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, trealment, disposal, relsase or threatened release of any Hazardous Subsiance on, under, about or from the Property by any prior owners or occupants of the Property, or (¢) any actua) or threatened litigation or claims of any kind by any person relating to such matlers; and (3) Except as previously disclosedto and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agont or other authorized user of theProperty shall use, generate, manufacture, store,treat, dispose of orrelease any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, Including withoutlimitation all Environmental Laws. Trustor authorizes Lender and its apents fo enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any Inspections or tests made by Lender shall ba for Lender's purposes only and shall not ba construad to create any responsibility or fiabifity on the part of Lender to Trustor or to any other person. The representalions and warranties contained herein are based on Trustor's due diligence in investigating the Properly for Hazardous Substances. Truslor hereby (1) releases and walves any future claims against Lenderfor indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws; and (2) agreesto indemnify, defend, and hold harmless Lender agalnst any and all clams, losses, liabilities, damages, penalties, and expanses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occuring prior to Trustor's ownership or Interest In the Property, whether or not the same was or should have bean known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify end defend, shall survive the payment of the indebtedness and the satisfaction and raconveyance ofthe llen of this Deed of Trust and shall not be affected by Lender's acquistifon of any InterestIn the Property, whether by foreclosure or otherwise. Nulsance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or wasts on or to the Proparty or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party the right to remove, any timber, minarals (including oll end gas), coal, clay, scoria, soll, gravel or rock products without Lender's prior written consent. Removal of Improvements, Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make amangements satisfactory to Lenderto replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representaiives may emer upon the Real Property at all reasonable times to attend to Lenders Interests and to Inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trusl, Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and regulations, now or hereafier in effect, of all govemmental authorities applicable to the use or accupancy of tha Property. Trustor may contest in good falth any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as, In Lenders sole opinfon, Lender's Interests In tha Property are not jeopardized. Lender mayrequire Trustor lo post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest, - Duly to Protect. Trustor agrees neither to abandon or leave unaltended tha Property. Trustor shall do all other acts, In addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, ai Lender's option, declere immediately due and payable all sums sacured by this Deed of Trust upon the sale ortransfer, without Lender's prior written consent, ofall or any part of the Real Property, or any interast in the Real Properly. A “sale or transfer” means the conveyance of Real Property or any right, title or Interest in the Real Property; whetherlegal, beneficial or equitable; whether voluntary or Involuniery; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with a term grealer than three (3) years, lease-aption contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However,this option shall not be exercised by Lender if such exercise Is prohibited by applicable law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Trustor shall pay when due {and In all events at ieast ten (10) days prior to delinquency) all taxes, special taxes, assessments, charges {including water and sewer), fines and Impositions levied against or on account of the Property, and shall pay when due sll claims for work done on or for services rendered or material fumished to the Property. Truster shall maintaln the Property free of all llens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not dus, except for the Existing Indebtadness referrad to below, and except as otherwise provided in this Deed of Trusk Right to Contest, Trustor may withhold payment of any tax, assessmenl, or claim In connection with a good falth dispute over the obligation ta pay, so long as Lender's Interest In the Property Is not jeopardized. If a llsn arises of is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the llen arises or, If a lien ls fled, within fifteen (15) days after Trustor has notice of the Desc 2 Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Desc Main Document Page 18 of 39 DEED OF TRUST Loan No: 55 {Continued) Page 3 filing, securthe discharge of Lhe (ian, or if requested by Lender, deposi! with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficlentto discharge the lien plus any costs and attomeys'fees, or other charges that could accrue as a result of a foreclosure or sale under the llen. In any contest, Trustor shall defend itself and Lender and shall satisfy any adverse Judgment before enforcement against the Property. Tristor shall name Lender as an additional obliges under any surety bond furnished In the contest proceedings, Evidence of Payment. Trustor shall upon demand fumish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate govemmental official to deliver to Lender at any time a written statement ofthe taxes and assessments agains! the Properly. Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's ilen, materialmen’slien,or other lten could be asserted on account of the work, services, or materlals and the cost exceeds $25,000.00. Trustor wili kpon request of Lender fumish fo Lender advance assurances satisfactory to Lender that Truster can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Malntenance of Insurance. Trustor shall procure and maintain polides of fire Insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an smount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender, together with such other hazard and lability Insurance as Lender may reasonably require. Notwithstanding tha foregoing, In no event shall Trustor be required to provide hazard insurance In excess of the replacement value of the Improvements on the Real Property, Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and Issued by a company or companies reasonably acceptable to Lender, Trustor, upon request of Lender, will deliver to Lenderfrom time to tims the polices or certificates of insurance In form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished withoutet least ten (10) days prior written notice to Lender. Each Insurance policy also shall include an endorsement providing that coverage In favor of Lender will hot be impaled In any way by any act, omission or default of Trustor or any other person. Should the Rest Property be located In an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and malntain Federal Flood Insurance, if avallable, within 45 days alter notice Is given by Lender that the Property Is located in a spedal flood hazard area,for the maximuin amount of Trustor's credit line and the full unpaid principal balance of any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to malntaln such insurance for the tenn ofthe Joan. Application of Proceeds. Trustor shall promptly notify Lender of any loss or damageto the Properly If the eslimated cost of repsir or replacement exceeds $25,000.00. Lender may make proof of loss If Trustor fells to do so within fifteen (15) days of the casusity. If In Lender's sala Judgment Lender's security interest In the Property has been impaired, Lender may, at Landar's election, recelva and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of Bny lien affecting the Property, or the restoration and repair of the Properly. If the proceeds are to be applied to restoration and repalr, Trustor shell repair of replace the damaged or destroyed Improvements In a manner satisfactory io Lender. Lender shall, upon satisfactory proot of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustar is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days aftertheir receipt and which Lender has not committed to the repalr or restoration of the Property shall be used first to pay any amount owing to Lender underthis Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after paymentin full of the Indebtedness, such proceeds shall be pald to Trustor as Trustor's interests may appear. Compliance with Existing Indebtedness. During the period In which any Existing Indebtedness described below is in effect, compliance with the Insurance provisions contalnad In the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provislons under this Deed of Trust, to tho extent compliance with the terms of this Deed of Trust would constitute a duplication of Insurance requirement. If any proceeds from the Insurance become payable on loss, {he provisions in this Deed of Trust for divislon of procesds shall apply only to that portion of tha proceeds not payableto the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Trustor falls (A) to keap the Property free of all taxes,liens, security Interests, encumbrances, and other claims, (B) to provide any required Insurance on the Property, (C) to make repairs {o the Property or to comply with any obligation to maintain Existing Indebtedness In good stending as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's Intorests In the Property, then Lender on Trustor's behalf may, bul Is not required to, take any action that Lenderbelieves to be appropriate to protect Lenders Interests. All expenses Incurred or paid by Lenderfor such purposes will then bear Interest at the rate charged under the Credit Agreementfram the date Incurred or pald by Lenderto the dale of repayment by Trustor. All such expanses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or {C) be treated as a balloon payment which will be due and payable at the Credit Agreements maturity. The Deed of Trust also will secure payment of these amounts. The rights provided forin this paragraph shall be In addition to any otherrights or any remedles to which Lender may be entitled on account of anySa Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy thatit otherwise would have had. dg WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Trustor warrants that: (a) Trustor holds good and marketable title of recard to the Property in fee simple,free and clear ofall lens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title Insurance policy,titie report, or final title opinion issued In favor of, and accepted by, Lander In connection with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception In the paragraph above, Trustor warrants end will forever defend the title to the Property against the lawful clalms of all persons. In the event any action or prucesding Is commenced that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action al Trustar's expense. Tiustor may be the nominal party in such proceeding, but Lendershall be entitled to participate In the proceeding and to be represented in the proceeding 13 Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Desc Main Document Page 19 of 39 DEED OF TRUST Loan No: 55 (Continued) Page 4 by counsel of Lender's own cholce, and Trustor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time Yo permit such participatian, Compliance With Laws. Trustor warrants that the Properly and Trustor's use of the Properly complies with all existing applicable laws, ordinances, and regulations of governmental authorities, Survival of Promises. All promises, agreements, and statements Trustor has made In this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing In nature and shall remaln In full force and effect until such time as Trustor's Indebtednessis paid in full. EXISTING INDEBTEDNESS. The follawing provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed of Trust securing the Indebtedness may he secondary and Inferior to an existing lien. Trustor expressly covenants and agrees to pay, or sea fo the paymentof, the Existing Indebledness and io prevent any default on such Indebtedness, any default under the instruments evidencing such Indebtedness, or any default under any security documents for such Indebtedness. No Modification, Trustar shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreament which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender, Trustor ehall neither request nor accept any future advances under eny such security agreement without the prior written consent of Lender. CONDEMNATION, Ths following provisions relating to eminent domaln and Inverse condemnation proceedings are a pert ofthis Deed of Trust: Proceedings. If any eminent domain or Inverse condemnation proceeding Is commenced affecting the Property, Trustor shall promptly notify LenderIn writing, and Trustor shall promptly take such sleps as may be necessary to pursue or defend the action and obtaln the award. Trustor may ba the nominal party in any such proceeding, but Lender shall be entitled, at Its election, to participate In the proceeding end to be represanted In the proceeding by counsel ofits own choice, and Trustor will deliver or cause to be delivered to Lender such Instruments and documentalion as may be requested by Lender from time to ime to permit such pariicipation, Application of Net Proceeds, If any award Is made or settlement entered Into In any condemnation proceedings affecting all or any part of the Property or by any proceeding or purchase in llau of condemnation, Lender may at lis election, and to the extent permitted by law, ragulre that all or any portion af the award or settlement be applied to the indebtedness and to the repaymentof all reasonable costs, expenses, and attorneys’ fees Incurmed by Trustes or Lender in connection with the condemnation proceedings. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES, The following provisions relating to governmental taxes, fees and chargea gre a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Trustor shal execute such documents in addition io this Deed of Trust and take whatever other action Is requested by Lender lo perfect and continue Lender's lten on the Real Property. Trustor shall reimburse Lenderfor al} taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, Including withoutlimitation ail taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust, Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Daed of Trust or upon all or any part of the Indebledness secured by this Deed of Trust; (2) a spacific tax on Trustor which Trustor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Dead of Trust chargeable against the Lender orthe holder of the Credit Agreement; and (4) a specific tax on ali or any portion of the Indebtedness or on payments of principal and interest made by Trustor. Subsequent Taxes. If any tax to which thls section applies Is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its avaliable remedies for an Event of Default as provided below unless Trustor either (1) pays the fax before It becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender, SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extant any of the Proparty constitutes fixiures, and Lender shall have all of the rights of a secured party under the Uniform Gommerclal Code 2s amended from time to time. Security Interest. Upon request by Lender, Trustor shall take whatever action Is requested by Lender lo perfect and continue Lender's security interest in the Personal Property. Trustor shall reimburse Lendsr for all expenses Incurred In perfecting or continuing this security interest. Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon default, Trustor shall assemble any Parsonal Property not affixed to the Property In a menner and at a place reasonably convenlent to Trustor and Lender and make It available to Lender within three (3) days afler recelpt of written demand {rom Lender fo the extent permitted by applicable law. Addresses. The mailing addresses of Trustor {debtor) and Lender (secured party) from which information concerning the security Interest granted by this Deed of Trust may be obtained {each as required by the Uniform Commercial Code) ara as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEYAN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any ime, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will causo to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, reflled, or rerecorded, as the case may be, at such limes and In such offices and places as Lender may deem appropriate, any and all stich mortgages, deeds of trust, security deeds, securlty agreements, financing statements, continuation statements, Instruments of Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Desc Main Document Page 20 of 39 DEED OF TRUST Loan No: 55 (Continued) Page 5 further assurance, ceriificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable In ord er to effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations under the Credit Agreemen t, this Deed of Trust, and Ihe Related Documents, and (2) the llens and security Interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Trustor. Unless prohiblted by law or Lander agreesto the contrary In writing, Trustor shall reimburse Lender for alf costs and expenses incuired in connection with the maliers referred to In this paragraph. Attorney-In-Fact, If Trustor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustor's expanse, For such purposes, Trustor hereby lrevocably appolnis Lender as Trustor's attomey-in-fact for the purpose of making, execullng, dellvering, fling, recording, and doing ali other things as may be necessary or desirable, In Lender's sale oplnlon, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. |f Trustor pays alf the Indebtedness when dus, terminates the credit line account, and otherwise performs all the obligations Imposed upon Trustor under this Deed of Trusl, Lender shall execute and deliver to Trustee a request for full reconveyancs and shall execute and deliver to Trustor suitable statements of termination of any financing statement on flle evidencing Lender's security Interest In the Rants and the Persona! Property. Lender may charge Trustor a reasonable reconveyance fee atthe time of reconveyance. EVENTS OF DEFAULT. Trustor will be In default under this Deed of Trust if any of the following happen: (A) Trustor commits fraud or makes a material misraprasentation at any time In connaction with the Credlt Agreement. This can Include, tor example, a false statement about Trustor's Income, assets, liabilities, or any other aspects of Trustor's financlal condition. (B) Truster dass not meet the repayment terms of the Credit Agreement. (C) Trustor's action or inaction adversely afiects the collateral or Lender's rights In the collateral. This can Include, for example,fallure to maintain required Insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons llable on the account, transfer of title or sala of the dwelling, creation of a senfor llen on the dwelling without Lender's permission, foreclosure by the holder of another llen, or the use of funds or the dwelling for prahibitad purposes. RIGHTS AND REMEDIES ON DEFAULT. if an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustes or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. All of Lender's rights and remedies wlll ba cumulative and may be exercised alone or together. An elaction by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decldes to spend money or to perform any of Trustor's obligations underthis Deed of Trust, after Trustor's fallure 10 do so, that decision by Lender wili not affect Lender's right to declare Trustor in defatilt and to exercise Lender's remedies. Foreclosure by Sale. Upon an Event of Default under this Deed of Trust, Beneficiary may declare the entire Indebtedness secured by this Desd of Trust immediately due and payable by delivery to Trustsa of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold the Properly, which notice Trustes shall cause to ba filed for record, Beneficiary also shall deposit with Trustee this Deed of Trust, the Credit Agreement, other documents requested by Trustes, and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by Jaw following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustes, without demand on Trustor, shall sell the Property at the time and place fixed by It In the nolice of sale, elther as a whole or in separate parcels, and in such order as jt may determine, at public suction to the highest bidderfor cash In lawful money of the United States, payable at time of sale. Trustee may posipone sale ofall or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the Yme flxed by the preceding postponementin accordance with applicable law.” Trustee shal) deliver fo such purchaser fis deed conveying the Property so sold, but without any covenant or warranty, express or implled. The recitals In such deed of any matters or facts shall be conclusive proot of the truthfulness thereof. Any person,Including Trustor, Trustee or Beneficiary may purchase at such sale, After deducting all costs, foe s and expensas of Trustes and of this Trust, Including cost of evidence of title In connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by Yaw in effect at the date hereof; alt other sums then secured hereby; and the remalnder, if any, to the person or persons legally entitle d thereto. Judicial Foreclosure, WIth respact to all or any part of the Real Property, Lender shall havetheright In lieu of foreclosure by power of sale to foreclose by judicis! foreclosure in accordance with and to the fill extent provided by California law. UGC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedles of a se cured parly under the Uniform Commerclal Code, including without limitation the right to recover any deficiency in the manner and lo the fult extent provided by California law. Collect Rents. Lender shall have tha right, without notice to Trustar to take possession of and manage the Property and collect the Rents, including amounts past due and unpald, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance ofthis right, Lender may require any tenant or other user of the Property io make payments of rent or usa fees directly to Lender. If the Renis are collected by Lender, then Trustor irrevocably designates Lender as Trustor's sttorney-in-fact to endorse Instruments recelvad In payment thereof In the name of Trustor and to negotlate the same and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand shal satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exerciss Its rights under thls subparagraph elther In person, by agent, or through a recelver. Appoint Recolver. Lender shall have the rightto have a recelver appointed to take possession of all or any part of the Properly, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents fro m the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The recelver may serv e without bond If permitted by lew. Lender's rightto the appointment ofa receiver shall exlst whether or not the apparent value of th e Properly exceeds the Indebtedness by a substantial amounL. Employment by Lender shall not disqualify a person from serving as a receiver, Tenancy al Snfferance. If Trustor remains In possession of the Property after the Property is sold as provided above or Lender otherwise becomes ontitled to possession of the Property upon defaull of Trustor, Trustor shall become a tenant at sufferance o f Lender or the purchaser of the Property and shall, at Lender's option, elther (1) pay a reasonable rental for the use of the Property, or 5 1 Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Main Document Page 21 of 39 DEED OF TRUST Loan No: 55 {Continued) Page 6 (2) vacate the Property Immediately upon the demand of Lender. Other Remedies, Trustee or Lender shall have any other right or remedy provided In this Deed of Trust or the Credit Agreement or avaliable at law or In equity. Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to ba made, Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Properly may be made in conjunction with any safe of the Real Property. Sale of the Property. To the extent pennitted by applicable law, Trustor hereby walves any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall ba free to sell all or any part of the Property together or separately, in one sale or by separate sales, Lender shell be entitled to bld at any public sale on all or any portion of the Property. Aftomneys* Fees; Expenses. If Lender Institutes any sult or action to enforce any of the terms of this Deed of Trust, Lender shail be antitfed to recover such sum as the court may adjudge reasonable as attomeys’ fees at trlal and upon any appeal. Whether or not any court action Is Involved, end to the extent not prohiblted by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any ime for the prolection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable an demand and shall bear Interest at the Credit Agreementrate from the dale of the expenditure until repald. Expenses coverad by this paragraph includes, withoutlimitation, howsver subject to any limits under applicable law, Lender's attorneys’ fees and Lender's legal expenses, whether or not there is a lawsuit, Including attorneys’fees and expanses for bankruptcy praceedings (inciuding efforts to modify or vacate any automatic stay or injunction), appesls, and any anticipated post-Judgment collection senvces, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appralsal fees, title insurance, and foes for the Trustee, to the extent permitted by applicable lew. Trustor also will pay any court costs, In addition to all other sums provided by law, Rights of Trustes. Trustee shall have all of the rights and dutles of Lenderas set forth In this saction. POWERS AND OBLIGATIONS DF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustes arising as a matier of law, Trustee shall have the powerto take the following actions with respect to the Property upon the written request of Lender and Trustor: (a) Join In preparing and filing a map or plat of the Real Property, Including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) Join In any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of Trust. Obligations to Notify. Trustes shall not be obligated to notify any other party of a pending sale under any other trust deed of lien, or of any action or proceeding In which Trustor, Lender, or Trustee shall be a party, unless the action or proceeding Is brought by Trustee, Trustee, Trustes shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the rightto foreclose by notice and sale, and Lender will have the right to foreclose byjudicial foreclosure, In elther case in accordance with and to the full extent provided by applicable law. Successor Trustee, Lander, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowladged by Lender and recorded in the office of the recorder of Orange County, State of Callfomla. The Instrument shall contain, in addition lo all other matters required by state law, the names of the orginal Lender, Trustee, and Trustor, the book and page where this Deed of Trust Is recorded,and the name and address of the successor trustee, and the Instrument shall be exaculed and acknowledged by Lender or its successors In interest. The successor trustee, without conveyance of the Property, shall succeed fo all the title, power, and duties conferred upon the Trustes In this Deed of Trust and by applicable law. This procedure.for substitullon of Trustee shall govem 1o the exclusion of all other provisions far substitution. Acceptance by Trustee. Trustes sccepls this Trust when this Deed of Trust, duly executed and acknowledged, Is made a public record as provided by law. NOTICES. Any notice required to be given under this Deed of Trust shall be given in writing, and shell be affective when actually delivered, when actually received by telefacsimile (unless otherwise required by law}, when deposited with a nationally recognized overnight courler, or, if malled, when deposited In the United States mall,as first class, certified or registered mail postage prepald, direcled to the addresses shown near the beginning of this Deed of Trust. Trustor requests that copies of any notices of default and sale be directed to Trustor's address shown near the beginning of this Deed of Trust. All coples of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for nofices under this Desd of Trust by giving formal written notice fo the other person or persons, specifying that the purpose of the notice Is to change the parson's address. For notice purposes, Trustor agrees to keep Lenderinformed at all times of Trustor's current address. Unless otherwise provided or required by law,if there [s more than one Trustor, any notice given by Lenderto any Trustor Is deemed to be notice given to all Trustors. t wil be Trustor’s responsibility to tell tha others of tha nolice from Lender. STATEMENT OF OBLIGATION FEE. Lender may collect a fee, not to exceed the maximum amount permitted by law, for fumishing the statement of obligation as provided by Section 2943 of the Civil Code of Califomia. MISCELLANEOUS PROVISIONS. Tha following miscellaneous provisions are a part of this Deed of Trust: Amendments. What Is written in this Dead of Trust and in the Relaled Documents Is Trustor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment io this Deed of Trust must be in writing and must bo signed by whoever will be bound ar obligated by the change or amendment. Caption Headings. Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to interpret or Desc 16 Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Main Document Page 22 of 39 Loan No: 35 (Continued) Page 7 define the provisions of this Deed of Trust. Merger. Thare shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federat law applicable to Lender and, to the extent nol preempied by federal law, the laws of the State of California without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of California, Cholos of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of Orange County, Stale of Callfornia, } No Walver hy Lender. Trustor understands Lender will not give up any of Lender's fighis underthls Deed of Trust unless Lender does o so In writlng. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender { does agree In writing to give up one of Lender's rights, that does not mean Trustor will not have io comply with the other provisions \ of this Deed of Trust. Truslor alsa understands that If Lender does consent fo a request, that does not mean that Trustor will not have to get Lenders consent again if the situation happens agaln. Trustor further understands that Just because Lender consents to one or more of Trustor's requests, that does not mean Lender Will be required to consent to any of Trustor's future requests. Trustor walves presentment, demand for payment, protest, and notice of dishonor. Severabllity. If a court finds that any provision of this Deed of Trust Is not valld or should not be enforced, that fact by liself will not mean that the rest of this Deed of Trust will nat be valid or enforced. Tharafore, a court will enforce the rest of the provisions of this Deed of Trust even If a provision of this Deed of Trust may be found to be Invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Dead of Trust on transier of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, thelr successors and assigns. If ownership of the Property becomes vested In a person other than Trustor, Lender, without notice fo Trustor, may deal with Truslor's successors with reference to this Deed of Trust and tha Indebtedness by way of forbearance or extension without releasing Tiustor fram the obligations of this Deed of Trust or liablity under the Indebtedness, Time Is of the Essence, Time is of the essence In the performance of this Deed of Trust, DEFINITIONS. The following words shall have the following meanings when used In this Deed of Trust: Beneficlary. The word "Beneficlary” means California Republic Bank, and its successors and assigns. Borrower. The word "Borrawer” means Chester Davenport and Includes all co-signers and co-makers signing the Credit Agresmant and all thelr successors and assigns. i Credit Agresment. The words °Cradit Agreement” mean the credit agreement dated April 22, 2016, with credit limit of $2,300,000.00 from Trustar io Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO TRUSTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Deed of Trust. The wards "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustes, and includes without limitation all assignment and security Interest provisions relating to the Personal Property and Rents, Environmental Laws. The words "Environmental Laws" mean any and all stale, federal and local statutes, regulations and ordinances relating ta the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liabllity Act of 1980, as amended, 42 U.S.C, Section 9601, et seq, ("CERCLA’), the Superfund Amendments and Reauthorization Act of 19886, Pub. L. No, 99-489 ("SARA"), the Hazardous Materials Transporation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation end Recovery Act, 42 U.8.C. Section 6901, et seq., Chapters 6.5 through 7.7 of Division 20 of the California Health and Safety Code, Section 25100, st seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thersta, Even! of Dofauit, The words "Event of Default” mean any of the events of default set forth in this Deed of Trust in the events of default section of this Dead of Trust. Existing Indebtedness. The words "Existing indebtedness’ mean the indebtedness described in the Exlsling Llens provision of this Deed of Trust, Hazardous Substances. The words "Hazardous Subslances™ mean materials that, because of thalr quantity, concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufaciured, transporfed or otherwise handled. The words "Hazardous Substances” are used In their very broadest sense and Include without limitation eny and ali hazardous or toxic substances, mateilals or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances” also Includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word “Indebtedness” means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals. of, extensions of, madifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Trustors obligations or expenses Incurred by Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, togsther with interest on such amounts as provided in this Deed of Trust. Lender. Tha word "Lender" means Califomla Republic Bank, its successors and assigns. The words "successors or assigns” mean any person or company thal acquires any interest In the Credit Agreement. Personal Property, The words "Personal Properly” mean all equipment, fixtures, and other arlicles of personal property now or DEED OF TRUST | Desc 17 Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Main Document Page 23 of 39 DEED OF TRUST Loan No: 5 (Continued) Page 8 hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Prope rty; together with all accesslons, parts, and additions to, all replacements of, and all substitutions for, any of such property; and t ogether with all proceeds (including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of th e Property. Property, The word “Proparty" means collectively the Real Property and the Personal Pro perty. Real Property. The words "Real Properly” mean the real property, Interests and rights, asturt her described In this Deed of Trust, Related Documents. The words "Related Documents” mean all promissory noles, credit ag reements, loan agreements, security agreements, morigages, deeds of irust, security deeds, collateral mortgages, and all other inst ruments, agreements and documents, whether now or hereshter existing, exeouted In conneclion with the Indebtedness; except that th e words do not mean any guaranty or environmental agreement, whether now or hereafter existing, executed In connection with the Indeb tedness, Rents. The word "Rents" means ali present and future leases, rents, revenues, Income,Issues, royalties, profits, and other benefits derived from the Property together with the cash proceeds of the Rens. Trustor. The word "Trustor" means Chester Davenport. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEER OF TRUST, AND TRUSTOR AGREES TO ITS TERMS, INCLUDING THE VARIABLE RATE PROVISIONS OF THE CREDIT AGREEMENT SECURED BY THIS DEED OF TRUST, : TRUSTOR: .~ Ageria GROSN Chester Davenport X CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing thls certificate verifies only the ident ity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy or valldity of that document. STATE OF Californie ) ) 88 GOUNTY OF Orange ) on_ Api) 227 oo lb vetoeme, _thuwen hve pela, poy public {here insert name and title of theofiicer) personally appeared Chester Davenport, who proved to me on the basls of satisfactory e vidence'to be the person(s) whose name(syBiare subscribed tothe within Instrument and acknowledged to me the efthey executed the same hetighecier authorized capacity(les), and that by er/thelr signatura(s) an the Instrument ths person(s), or the entit y upon behalf of which IF 18 person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of Cailfornia that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. HUMZA AHMED MELA Commission # 2045985 2 Hor Notary Public - Callfornia Sine voll. pgel e Beart County x (Seal) ty Comm. Explees Oct 18, 2017. Desc 18 Case 8:18-bk-11759-MW Doc 7 Filed 05/17/18 Entered 05/17/18 13:47:07 Desc Main Document Page 24 of 39 DEED OF TRUST Loan No: 5 (Continued) Page 9 {DO NOT RECORD) REQUEST FOR FULL RECONVEYANCE (To be used enly when obligations have been paid In full) To: _ Trusles The undersigned is the Jagal owner and holder of all Indebledness secured by this Deed of Trust. All sums secured by this Deed of Trust hava been fully pald and satisfled. You are hereby directed, upon paymentto you of any sums owing fo you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Credit Agreemenl securad by this Deed of Trust (which Is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the pares designated by the terms of this Deed of Trust, the estate now held by you underthis Deed of Trust. Please mall the reconveyance and Related Documents to: Date: Beneficiary: By: Its: TaserPro, Ver. 15.4.20.033 Copr. D+H USA Corporation 1857, 2018. All Rights Reserved. - CA” CACFLPL\GO1 FC TR-1713 PR-14 ie EXHIBIT 3 THREE DAY NOTICE TO QUIT DUE TO FORECLOSURE [Cal. Code Civ. Proc. § 1161a(b)] [2000 E. Oceanfront, Newport Beach CA, 92661] To: CHESTER DAVENPORT (Former Owner) 2000 E. Oceanfront, Newport Beach, CA 92661 cc: Jin Wang, Esq., KINGSWOOD LAW, PC (Counsel to Former Owner) 1370 Valley Vista Drive, Suite 200 Diamond Bar, California 91765 And To: All other persons or entities, tenants, subtenants, or others claiming a right to occupy or possess all or any portion of the real property and any improvements thereon, commonly known as 2000 E. Oceanfront, Newport Beach CA 92661 (the "Property™), as referenced in the Trustee's Deed Upon Sale, dated as of September 20, 2018, and recorded in the Official Records of Orange County, California on September 25, 2018, as Instrument No.2018000350684 ("Trustee's Deed"), a copy ofwhichis attached hereto as Exhibit 1 and incorporated herein. PLEASE TAKE NOTICE: On September 20, 2018, the Property you occupy was sold at a foreclosure sale which extinguished your interest the Property. PLEASE TAKE FURTHER NOTICE that each of you must vacate, quit, and deliver to the undersigned, the possession of the Property described herein now held, occupied and/or claimed by you, THREE DAYSafter service of this NOTICE TO QUIT upon you. PLEASE TAKE FURTHER NOTICE: (i) that the former owner of the Property, CHESTER DAVENPORT,defaulted on certain loans made to him by MECHANICS BANK,orits predecessor-in-interest, and secured by that certain Deed of Trust dated as of April 22, 2016, executed by Chester Davenport, a married man as his sole and separate property, as Trustor, and recorded in the Official Records of Orange County, California on April 26, 2016, as Instrument No. 2016000181309 (the "Deed of Trust"). (ii) that Mechanic's Bank, and its agents, proceeded to a non-judicial foreclosure sale of the Property as permitted in the Deed of Trust, and on September 20, 2018, OLD REPUBLIC TITLE COMPANY ("Trustee"), as duly authorized Trustee under the Deed of Trust, conducted a non-judicial foreclosure sale by public auction with respect to the Property as permitted therein; and 3077391.1 | 101134-0001 21 (iii) that Ronald Jay Seidner ("R.J. Seidner") was the successful buyerat the public auction ofthe Property conducted by the Trustee on September 20, 2018, and by virtue of the due recordation by the Trustee ofthe attached Trustee's Deed in the Official Records of O range County, title to the Property is now duly perfected in favor of R.J. Seidner. PLEASE TAKE FUTHER NOTICE: that within three (3) days after service on you of this Three Day Notice to Quit, each of you must vacate the Property and deliver possession of the Property to the undersigned, on behalf of R.J. Seidner, or R.J. Seidner will thereafter com mence legal proceedings against you to (i) recover possession of the Property from you,(ii) r ecover all associated costs ofsuit from you as permitted by the Deed of Trust and applicable state or federal law, including attorneys’ fees; and (iii) obtain such other and further relief as the Cou rt may deem just and/or proper. Should you wish to discuss these matters further, please contact the undersigned at the number and address below. DATED: SEPTEMBER 28, 2018 RONALD JAY SEIDNER - GTN y FBeS2 REED S. WADDELL FRANDZEL ROBINS BLOOM & CSATO, L.C,, Attorneys for Ronald Jay Seidner 1000 Wilshire Boulevard, Nineteenth Floor Los Angeles, California 9001 7-2427 Telephone number: (323) 852-1000 Facsimile: (323) 651-2577 Email address: rwaddell@frandzel.com By: 3077391.1 | 101134-0001 2 2% EXHIBIT 1 Trustee's Deed Upon Sale Recorded in the Official Records of Orange County, California, on September 25, 2018, as Instrument No. 2018000350684, With Regard To the Real Property Commonly Known as 2000 E. Oceanfront, Newport Beach, CA 92661 APN # 048-262-32 3077391.1 | 101134-0001 28 Recorded in Official Records, Orange County Hug Clerk-Recorder Aia200 * 2018000350684 4:05 pm 09/25/18 RECORDING REQUESTED BY: 63 406 T09 207 2090.28 2090.27 0.00 20.00 3.00 0.00 0.000.000.00 0.00 AND WHEN RECORDED TO: Ronald Jay Seidner 1151 N. Azusa Avenue Covina, CA 91722 Forward Tax Statements to the address given above Algs3isl SPACE ABOVE LINE FOR RECORDER'S USE TS #: 0125001851 Loan #: 4001013755 TRUSTEE'S DEED UPON SALE APN. 048-262-32 Transfer Tax: $40 _W: Hee ‘The Grantee Herein was not the Foreclosing Beneficiary. The Amount ofthe Unpaid Debt was $2,579,325.01 The Amount Paid by the Grantee was $3,800,100.00 Said Property is in the City ofNewport Beach; County of Orange Old Republic Title Company, as Trustee, (whereas so designated in the Deed of Trust hereunder more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY to Ronald Jay Seidner (herein called Grantee) but without covenant or warranty, expressed or implied, all righttitle and interest conveyed to and now held by it as Trustee under the Deed of Trust in and to the property situated in the county of Orange, State of California, described as follows: As more fully described on said Deed of Trust, This conveyance is made in compliance with the terms and provisions ofthe Deed of Trust executed by Chester Davenport, a married man, as his sole and separate property as Trustor, dated 4/22/2016 of the Official Records in the office of the Recorder of Orange, California under the authority and powers vested in the Trustee designated in the Deed of Trust or as the duly appointed Trustee, default having occurred under the Deed ofTrust pursuantto the Notice ofDefault and Election to Sell under the Deed of Trust recorded on 4/26/2016,instrument number 2016000181309,of official records. Trustee having complied with all applicable statutory requirements of the State of California and performed all duties required by the Deed of Trust including sending a Notice of Default and Election to Sell within fen days after its recording and a Notice of Sale at least twenty days prior to the Sale Date by certified mail, postage pre-paid to each person entitled to notice in compliance with California Civil Code 2924b. 24 TRUSTEE'S DEED UPON SALE TS #: 0125001851 Loan #: 4001013755 © All requirements per California Statutes regarding the mailing, pers onal delivery and publication of copies of Notice of Default and Election to Sell under Deed of Trust and Notic e of Trustee's Sale, and the posting of copies ofNotice ofTrustee's Sale have been complied with, Trustee, in c ompliance withsaid Notice of Trustee's sale and “in exercise of its powers under said Deed of Trust sold said real property at public auction on 9/20/2018. Grantee, being the highest bidder at said sale became the purchaser of sai d property for the amount bid, being $3,800,100.00,in lawful money of the United States, receipt thereof is hereby acknowledged in full/partial satisfaction of the debt secured by said Deed of Trust. In witness thereof, 01d Republic Title Company, as Trustee, has this day, caused its name to be hereunto affixed by its officer thereunto duly authorized byits corporation by-laws. Date: 9/20/2018 01d Republic Title Company, as Trustee i MN 8 eA NA Me Jackson, Vice Presiden ] De [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, ot validity of that document, STATE OF California COUNTY OF Contra Costa * On 9/21/2018 before me, S Hamilton Notary Public, personally appeared, Debbie Jackson who proved to me on the basis of satisfactory evidence to bethe person(s) whose name( s) is/are subscribed to the within instrament and acknowledged to me that he/she/they executed the same in his/mer/ their authorized capacity(ies), and that by * his/her/their signature(s) on the instrument the person(s), or the entity upo n behalf of whichthe person(s) acted, executed the instrament. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, as oaWITNESS my hand and official seal, SAie S Hamilton R o d i n sis n c B i p o n l o n ond 5. HAMILTON Notary Public - Calton 4 | Contra CottaB u e; FNcomnvs sion # Gel) ] 22 7 My Comm. Exalres Apr 30, 2020 ppyrTP IN E - - - e w L Y N 25 EXHIBIT 4 REED S. WADDELL SBN: 106644 FRANDZEL ROBINS BLOOM & CSATO, L.C, 1000 WILSHIRE BOULEVARD, 19TH FLOOR LOS ANGELES, CA 80017 PROOF OF SERVICE I, the undersigned declare that | served the Notice (s) below as indicated: THREE DAY NOTICE TO QUIT DUE TO FORECLOSURE The above described Notice (s) were served on the following named parties in the manner set forth below: NAME OF OCCUPANT: DATE OF Posting: TIME OF Posting: DATE OF MAILING: ADDRESS OF PROPERTY! UJ 1. PERSONALSERVICE CHESTER DAVENPORT September 28, 2018 03:40 pm September 28, 2018 2000 E. OCEANFRONT NEWPORT BEACH, CA 92681 (BUSINESS) By delivering a copy of the Notice(s) on the above named occupant(s) 2 CONSTRUCTIVE SERVICE After due and diligent effort, by service of sald Notice(s) as authorized by C.C.P. Section 1162 (2,3) on each of the above named parties in the manner set forth below, XX By posting a copy for each of the above named parties on September 28, 2018 at 03:40 pm in & conspicuous place on the property; and thereafter mailing a copy to each said party by depositing said copies in the United States mail, in a sealed envelope with postage fully prepaid, addressed to each said party at their place where the property is situated on September 28, 2018. Fee for Service: naronyges County: ORANGE | declare under penalty of perjury under the laws of The State of California that the foregoing information Registration No: PSC #2664 contained in the return of service and statement of Nationwide Legal, LLC (12-234648) service fees is true and correct and that this declaration 1608 James M. Wood Blvd, 2nd Fl was executed on October, 1, 2018. Los Angeles, CA 80015 (213) 249-9999 Ref: 101134-0001 /) Le Signature: AT AA= "PAUL FLYNN {[/ 982(a)(23){New July 1, 1987} PROOF OF SERVICE Order#: 1134164/NTQ al REED S. WADDELL SBN: 106644 FRANDZEL ROBINS BLOOM & CSATO, L.C. 1000 WILSHIRE BOULEVARD, 19TH FLOOR LOS ANGELES, CA 90017 PROOF OF SERVICE I, the undersigned declare that | served the Notice (s) below as indicated: THREE DAY NOTICE TO QUIT DUE TO FORECLOSURE The above described Notice (s) were served on the following named parties in the manner set forth below: NAME OF OCCUPANT: JIN WANG, ESQ. PERSON LEFT WITH: JANICE DOE - SECRETARY Age: 41 | Weight: 150LBS | Hair: BLONDE | Sex: female [Height 5'4" | Eyes: GREEN | Ethnicity: CAUCASIAN DATE OF SERVICE: September 28, 2018 TIME OF SERVICE: 04:41 pm ADDRESS OF PROPERTY: 1370 VALLEY VISTA DR., SUITE 200 DIAMOND BAR, CA 91765 (BUSINESS) [J 1. PERSONAL SERVICE By delivering a copy of the Notice(s) on the above named occcupant(s) 2. CONSTRUCTIVE SERVICE After due and diligent effort, by service of said Notice(s) as authorized by C.C.P. Section 1162 (2,3) on each of the above named parties in the manner set forth below. . XX Substituted Service - By leaving the copies with or in the presenceof JANICE DOE a person at least 18 years of age apparently in charge at the office or usual place of business of the person served. | informed him/her of the general nature of the papers; and thereafter mailing a copy to each said party by depositing said copies in the United States mail, in a sealed envelope with postage fully prepaid, addressed to each said party at their place where the property is situated on September 28, 2018. Fee for Service: | declare under penalty of perjury under the laws of The none County: LOS ANGELES State of California that the Ll information Registration No.: 6222 contained in the return of servic = staterrient of Nationwide Legal, LLC (12-234648) service fees is true and corr otandthat this declaration 1609 James M. Wood Blvd., 2nd Fi was executed on October, 2018. _~ TU Los Angeles, CA 90015 A a : (213) 249-9999 Ref: 101134-0001 Signature: 7 JOHN SALAZAR z A ~ £ PROOF OF SERVICE 82(a){23){New July 1, 1987) Order#: 11341gra REED S. WADDELL SBN: 106644 FRANDZEL ROBINS BLOOM & CSATO, L.C, : 1000 WILSHIRE BOULEVARD, 18TH FLOOR LOS ANGELES, CA 80017 PROOF OF SERVICE I, the undersigned declare that | served the Notice (s) below as indicated: THREE DAY NOTICE TO QUIT DUE TO FORECLOSURE The above described Notice (s) were served on the following namedparties in the manner set forth below: NAME OF OCCUPANT: DATE OF Posting: TIME OF Posting: DATE OF MAILING: ADDRESS OF PROPERTY: [J 1. PERSONAL SERVICE ALL OTHER PERSONS OR ENTITIES September 28, 2018 03:40 pm September 28, 2018 2000 E. OCEANFRONT NEWPORT BEACH, CA 92661 (BUSINESS) By delivering a copy of the Notice(s) on the above named occupant(s) 2 CONSTRUCTIVE SERVICE After due and diligent effort, by service of said Notice(s) as authorized by C.C.P. Section 1162 (2,3) on each of the above named parties in the-manner set forth below. XX By posting a copy for each of the above named parties on September 28, 2018 at 03:40 pm in a conspicuous place on the property; and thereafter mailing a copy to each said party by depositing said copies in the United States mail, in a sealed envelope with postage fully prepaid, addressed to each said party at their place where the property Is situated on September 28, 2018. Fee for Service: NATIONYIDE County: ORANGE 1 declare under penalty of perjury under the laws of The State of California that the foregoing information Registration No.: PSC #2664 contained in the return of service and statement of Nationwide Legal, LLC {12-234648) service fees is true and correct and that this declaration 1609 James M. Wood Blvd., 2nd Fi was executed on October 1, 2018, Los Angeles, CA 80015 go (213) 249-9999 Ref: 101134-0001 [ | = x je? y g { Rr : Signature: Jas { : ge a PAUL FLYNN/ 082(a}23)Now July 1, 1987) PROOF OF SERVICE Orderd: 1134168/NTQ CP10.5 NOTICE: EVERYONE WHO LIVES IN THIS RENTAL UNIT MAY BE EVICTED BY COURT ORDER. READ THIS FORM IF YOU LIVE HERE AND IF YOUR NAME IS NOT ON THE ATTACHED SUMMONS AND COMPLAINT. 1. If you live here and you do not complete and submit this form, you may be evicted without further hearing by the court along with the persons hamed in the Summons and Complaint. 2. You mustfile this form within 10 days of the date of service listed in the box on the right hand side of this form. e Exception: If you are a tenant being evicted after your landlord lost the property to foreclosure, the 10-day deadline does not apply to you and you may file this form at any time before judgment is entered. 3. If you file this form, your claim will be determined in the eviction action against the persons named in the complaint. 4. If you do notfile this form, you may be evicted without further hearing. 5. If you are a tenant being evicted due to foreclosure, you have additional rights and should seek legal advice immediately. CLAIMANT OR CLAIMANT'S ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY ATTORNEY FOR (Name). NAME OF COURT: SUPERIOR COURT FOR THE STATE OF CALIFORNIA STREET ADDRESS: 4601 Jamboree Road MAILING ADDRESS: cry anp zie cope: Newport Beach, CA 92660-2595 arancH name: HarborJustice Center - Newport B each Facility Plaintiff: RONALD JAY SEIDNER, an individual Defendant: CHESTER C. DAVENPORT,an individual, et al PREJUDGMENT CLAIM OF RIGHT TO POSSESSION CASE NUMBER: 0-201 8-01023087-CL-UD-HME Complete this form only if ALL of these statements are true: 1. You are NOT named in the accompanying Summons and Complaint. (To be completed by the process server)2. You occupied the subject premises on or before the date the unlawful DATE OF SERVICE:detainer (eviction) complaint was filed. (The date is in the accompanying (Date that form is served or delivered,Summons and Complaint.) posted, and mailed by the officer or3. Youstill occupy the subject premises. process server) | DECLARE THE FOLLOWING UNDER PENALTY OF PERJURY: 1. My name is (specify): 2. reside at (street address, unit no., city and ZIP code): 3. The address of "the premises" subject to this claim is (address): 4. On (insert date): , the landlord or the landlord's authorized agent filed a complaint to recover possession of the premises. (This date is in the accompanying Summons and Complaint.) 5. | occupied the premises on the date the complaint wasfiled (the date in item 4). | have continued to occupy the premises ever since. I was at least 18 years of age on the date the complaint was filed (the date in item 4). I claim a right to possession of the premises because | occupied the premises on the date the complaint was filed (the date in item 4). 8. | was not named in the Summons and Complaint. 9. understand that if | make this claim of possession, | will be added as a defendant to the unlawful detainer (eviction) action. 10. (Filing fee) 1 understand that | must go to the court and pay a filing fee of $ or file with the court an "Application for Waiver of Court Fees and Costs." | understand that if | don't pay the filing fee or file the form for waiver of court fees, | will not be entitled to make a claim of right to possession. (Continued on reverse) 3083196.1 | 101134-0001 CP10.5 Rev. June 15, 2015] PREJUDGMENT CLAIM OF RIGHT Code of Civil Procedure, §§ 415.46, TO POSSESSION 715.010, 715.020, 1174.25 American LegalNet, Inc. Y www.FormsWorkFlow. com CP10.5 Plaintif: RONALD JAY SEIDNER, an individual rE ills Defendant: CHESTER C. DAVENPORT, an individual, et al 11. If my landlord lost this property to foreclosure, | understand that | canfile this form at any time before judgment is entered, and that | have additional rights and should seek legal advice. 12. | understand that | will have five days (excluding court holidays) to file a response to the Summons and Complaint after | file this Prejudgment Claim of Right to Possession form. NOTICE: If youfail to file this claim, you may be evicted without further hearing. 13. Rental agreement. | have (check all that apply to you): an oral or written rental agreement with the landlord. an oral or written rental agreement with a person other than the landlord. an oral or written rental agreement with the former owner who lost the property to foreclosure. E R E E E other (explain): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. WARNING: Perjury is a felony punishable by imprisonmentin the state prison. Date: (TYPE OR PRINT NAME) (SIGNATURE OF CLAIMANT) NOTICE: If you file this claim to possession, the unlawful detainer action against you will be determined at trial. At trial, you may be found liable for rent, costs, and, in some cases, treble damages. - NOTICE TO OCCUPANTS - YOU MUST ACT AT ONCEif all the following are true: 1. You are NOT named in the accompanying Summons and Complaint. 2. You occupied the premises on or before the date the unlawful detainer (eviction) complaint was filed. 3. You still occupy the premises. You can complete and SUBMIT THIS CLAIM FORM WITHIN 10 DAYS from the date of service (on the form) at the court where the unlawful detainer (eviction) complaint was filed. If you are a tenant and your landlord lost the property you occupy through foreclosure,this 10-day deadline does not apply to you. You may file this form at any time before judgment is entered. You should seek legal advice immediately. If you do not complete and submit this form (and pay a filing fee or file a fee waiver form if you cannot pay the fee), YOU WILL BE EVICTED. After this form is properly filed, you will be added as a defendant in the unlawful detainer (eviction) action and yourright to occupy the premises will be decided by the court. If you do notfile this claim, you may be evicted without a hearing. 3083196.1 | 101134-0001 CP10.5 [Rev. June 15. 2015PREJUDGMENT CLAIM OF RIGHT TO POSSESSION Page two American LegalNet, Inc. 3 www FormsWork Flowcom 3 12 13 14 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JING WANG, ESQ. I,ING WANG, ESQ., hereby declare as follows: 1. [ am an attorney at law duly licensed and admitted by the State Bar of California to practice law in the State of California. I am the attorney of record for Chester C. Davenport, the Plaintiff in the above-entitled action. If called upon to testify before this court, I could and would competently testify to those matters which are within my own personal knowledge and recollection except those matter which are based on information and belief. 2. That I have reviewed the Complaint in this unlimited wrongful foreclosure action and the Complaint in the unlawful detainer action in the case of Ronald Jay Seidner v. Chester C. Davenport, Case No. 30-2018-01023087-CL-UD-HNB,filed on October 4, 2018, which is currently pending in the Newport Harbor Justice Center. 3. That based on my review, I can accurately attest that both complaints are based on the same facts and circumstances and involve common questions of law and fact regarding the ownership of the subject Property and the parties involved. 4. That in this regard, the best interest of all parties and this Court would best be served if both actions were consolidated for trial. 5. That a true and correct copy of the aforementioned Unlawful Detainer Complaint is attached hereto as Exhibit “A." I hereby declare under penalty of perjury under the laws ofthe State of that the foregoing is true and correct to the best of my recollection and belief. Executed on October 31, 2018, at Diamond Bar, California.- INN JING WANG, ESQ. N 12 PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JING WANG. ESO. 25 26 27 28 PROOI OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am over the age of 18 and am employed in the County of Los Angeles; my business address is 1370 Valley Vista Drive, Suite 200, Diamond Bar, CA 91765. On October 31, 2018, | served the foregoing document described as PLAINTIFF CHESTER DAVENPORT’S NOTICE OF MOTION AND MOTION TO(1) CONSOLIDATE ACTIONS FOR TRIAL; AND (2) STAY UNLAWFUL DETAINER ACTION; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF JING WANG, ESQ. onthe following interested parties in this action by placing a true copy thereofenclosed in a scaled envelope addressed as follows: Brett L. McClure, Esq. Reed S. Waddell, Esq. FRANDZEL ROBINS BLOOM & CSATO, L.C. 1000 Wilshire Boulevard, Nineteenth Floor Los Angeles, CA 90017-2427 Tom R. Normandin, Esq. Prenovast, Normandin, Bergh & Dawe, APC 2122 N. Broadway, Suite 200 Santa Ana, CA 92706-2614 Jesse S. Hernandez, Esq. Anderson, McPharlin & Conners LLP 707 Wilshire Blvd,, Suite 4000 [Los Angeles, CA 90017-3623 X (BY MAIL) I caused such envelope to be deposited in the mail at La Verne, California. The envelope was mailed with postage thereon fully prepaid and was deposited ina U.S. Post Office drop box on that same day in the ordinary course of business. (BY PERSONAL SERVICE) Idelivered such document by hand to the person and the location identified herein, I declare under penalty ofperjury under the laws of the State of California that the above is true and correct, Ixecuted on October 31, 2018, at Diamond Bar, California, Ling Xiao Li ( I PEATNTIFE CHESTEI DAVENPORT S NOTICE OF MOTION AND MOTION TO (1) CONSOLIDA TIL ACTIONS FOR TRIAL AND 2) STAY UNEAWEUL DETAINEE ACTION, MEMORANDUM OF POINTS AND AUTHORITIES, ANDY DICT AATION OFF TICE WARCE TRO)
