APN:
WHEN RECORDED, MAIL TO:
Christopher K. Davis
Vice President and General Counsel
Everest Properties
199 S. Los Robles Ave., Suite 200
Pasadena, CA 91101
ASSIGNMENT OF DEED OF TRUST AND SECURITY AGREEMENT
AND ASSIGNMENT OF ASSIGNMENT OF LEASES AND RENTS
WELLS FARGO BANK, N.A., A NATIONAL BANKING
ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA,
N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF
FIRST UNION NATIONAL BANK COMMERCIAL MORTGAGE
TRUST,
COMMERCIAL MORTGAGE PASS-THROUGH
CERTIFICATES,
SERIES 2001-C4
And
EVEREST PROPERTIES II,
LLC,
A CALIFORNIA LIMITED LIABILITY COMPANY
Date: As of April 23, 2007
County: Clark
State: Nevada
ASSIGNMENT OF DEED OF TRUST AND SECURITY
AGREEMENT
AND ASSIGNMENT OF ASSIGNMENT OF LEASES AND
RENTS
(FUNB 2001-C4; Loan No. 502694601)
THIS ASSIGNMENT OF DEED OF TRUST AND SECURITY
AGREEMENT AND ASSIGNMENT OF ASSIGNMENT OF LEASES AND
RENTS (this “Assignment”) is made and
entered into as of the 23rd day of April, 2007, by
WELLS FARGO BANK, N.A., A NATIONAL BANKING
ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA,
N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF FIRST UNION NATIONAL
BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2001-C4 (“Assignor”),
having an office at 7080 Samuel Morse Drive,
Columbia, Maryland 21046, Attn.: Corporate Trust Services CMBS, Re:
FUNB 2001-C4, Loan No. 502694601, in favor of EVEREST PROPERTIES II, LLC, a
California limited liability company (“Assignee”) having an
office at 199 S. Los Robles Ave., Suite 200, Pasadena, California
91101.
W I T N E S S E T H
WHEREAS, Assignor is the present legal and equitable
owner and holder of that certain Promissory Note dated August 1,
2001, executed by SUNWOOD VILLAGE JOINT VENTURE, LIMITED
PARTNERSHIP, a Nevada limited partnership (“Borrower”), and made
payable to the order of Assignor in the stated principal amount of
TEN MILLION EIGHTY THOUSAND AND 00/100 DOLLARS ($10,080,000.00)
(the “Note”)
in connection with the refinancing of certain real
property situated in the County of Clark and State of Nevada as
more particularly described on Exhibit
A annexed hereto and made a part hereof
(the “Premises”);
and
WHEREAS, the Note is secured by the Deed of Trust
and Security Agreement and Assignment of Leases and Rents, as both
are hereafter defined; and
WHEREAS, Assignee desires that Assignor assign to
Assignee, and its successors and assigns, all of Assignor’s
right, title and interest in and to the Deed of Trust and Security
Agreement and Assignment of Leases and Rents, and Assignor agrees
to such assignment.
NOW, THEREFORE, in consideration of the premises
above set forth and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and
agreed, Assignor and Assignee hereby covenant and agree as
follows:
1.
Assignment . Assignor
does hereby transfer, assign, grant and convey to Assignee, and its
successors and assigns, all of the right, title and interest of
Assignor in and to the following documents and does hereby grant
and delegate to Assignee, and its successors and assigns, any and
all of the duties and obligations of Assignor under the following
documents from and after the date hereof:
(a) That
certain Deed of Trust and Security Agreement dated as of August 1,
2001, from Borrower, as Grantor, to United Title of Nevada, as
Trustee, for the benefit of First Union National Bank, as
Beneficiary (the “Security Instrument”) and recorded on
August 2,2001, as Instrument No. 01912, in Book 20010802, in the
Clark County Clerk’s Office, encumbering the Premises,
together with the notes and bonds secured thereby; as subsequently
assigned by First Union National Bank to Assignor hereunder by
Assignment of Deed of Trust and Security Agreement and Assignment
of Assignment of
Leases and Rents dated as of November 28, 2001, and
recorded on May 3, 2002, as Instrument No. 00257, in Book 20020503,
in the Clark County Clerk’s Office (the “First
Assignment”) and
(b) That certain
Assignment of Leases and Rents dated as of August 1, 2001 by
Borrower, as assignor and First Union National Bank, as assignee
(the “Assignment of Leases”)
recorded on August 2, 2001, as Instrument No. 01913, in Book
20010802, in the Clark County Clerk’s Office, as subsequently
assigned by First Union N
