RECORDING
REQUESTED BY
AND WHEN RECORDED MAIL TO:
Croudace &
Dietrich LLP
4750 Von Karman
Newport Beach, California 92660
Attention: Debra M. Dietrich, Esq.
(space above line for
recorder’s use)
MEMORANDUM OF ASSIGNMENT
OF NOTE, DEED OF TRUST AND LOAN DOCUMENTS
THIS
MEMORANDUM OF ASSIGNMENT OF NOTE, DEED OF TRUST AND LOAN
DOCUMENTS (this “ Memorandum ”) is made as
of August 24, 2009, by AWARE DEVELOPMENT COMPANY, INC., a
California corporation (“ Aware ”), in favor of
SPT REAL ESTATE FINANCE, LLC, a Delaware limited liability company
( “SPT” ), with respect to the
following.
Concurrently
herewith, and for good and valuable consideration, Aware has
irrevocably assigned to SPT all of Aware’s right, title and
interest under that certain loan made by Vineyard Bank, N.A., a
national banking association (“ Bank ”) to
Springbrook Investments, L.P., a California limited partnership
agreement (“ Borrower ”), in the original
principal amount of $5,187,000 (as heretofore modified, the “
Vineyard Loan ”).
Aware and SPT wish
to cause this Memorandum to be recorded to give notice of the
Assignment and the terms thereof, including the terms set forth
herein.
The Vineyard Loan
is evidenced by a promissory note executed by Borrower in the
original principal amount of the Vineyard Loan, and is secured by a
Deed of Trust recorded on March 31, 2006 under Document Number
2006-0229400; Modification of Deed of Trust recorded on
May 26, 2006 under Document Number 2006-0386956; Modification
of Deed of Trust recorded on June 2, 2006 under Document
Number 2006-0405304; Modification of Deed of Trust recorded on
September 26, 2006 under Document Number 2006-0709116 and
Modification of Deed of Trust recorded on February 15, 2008
under Document Number 2008-0077706 all of which are recorded in the
Official Records of Riverside County, California, encumbering the
Real Property described on Exhibit “A” attached
hereto. This Memorandum is notice of the assignment of all of the
same and all other rights of Aware in connection with the Vineyard
Loan.
This Memorandum is
not intended to modify or alter in any way the terms and conditions
of the Assignment and in the event of any conflict between the
Assignment and this Memorandum, the Assignment shall prevail in all
respects.
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“Assignor”:
AWARE DEVELOPMENT COMPANY, INC.,
a California corporation
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By:
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/s/ Charles
Ware
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CHARLES
WARE
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(Print Name and
Title)
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State of
California )
County of Orange )
On
August 24, 2009 before me, Terri Hovdestad, Notary Public,
personally appeared Charles Ware, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under
PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand
and official seal.
Signature /s/
Terri
Hovdestad
(Seal)
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