EXHIBIT 10.36.1
RECORDING REQUESTED BY
Northwestern Mutual Life
When Recorded Mail to:
The Northwestern Mutual Life
Insurance Company
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ - ▇▇▇▇ ▇▇▇▇▇
▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Loan No. 332757
FIRST AMENDMENT TO DEED OF TRUST
AND SECURITY AGREEMENT (FIRST PRIORITY)
AND
FIRST AMENDMENT TO DEED OF TRUST
AND SECURITY AGREEMENT (SECOND PRIORITY)
AND
FIRST AMENDMENT TO ABSOLUTE ASSIGNMENT
OF LEASES AND RENTS
(Mission West Properties, L.P.)
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
The Northwestern Mutual Life Ins. Co.
▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ - ▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Attn: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Loan No. 332757 SPACE ABOVE THIS LINE FOR RECORDER'S USE
FIRST AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT (FIRST PRIORITY) AND
FIRST AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT (SECOND PRIORITY) AND
FIRST AMENDMENT TO ABSOLUTE ASSIGNMENT OF LEASES AND RENTS
(Mission West Properties, L.P.)
THIS FIRST AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT (First
Priority) AND FIRST AMENDMENT TO DEED OF TRUST AND SECURITY AGREEMENT (Second
Priority) AND THIS FIRST AMENDMENT TO ABSOLUTE ASSIGNMENT OF LEASES AND RENTS
(this "First Amendment"), is made and entered into as of the 5th ay of November,
2008 by and between MISSION WEST PROPERTIES, L.P., a Delaware limited
partnership, ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, herein called "Borrower",
THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation, ▇▇▇
▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, herein called "Lender":
RECITALS
A. Borrower has previously executed that certain Deed of Trust and Security
Agreement (First Priority) (the "First Priority Lien Instrument") in favor of
Lender, dated January 3, 2003 executed by Borrower and recorded January 9, 2003
as Document No. 16735201 in the Official Records of Santa ▇▇▇▇▇ County,
California, covering certain real property (the "Property") located in the
County of Santa ▇▇▇▇▇, State of California and more particularly described in
Exhibit A attached thereto.
B. Borrower has previously executed that certain Deed of Trust and Security
Agreement and Assignment of Leases and Rents (Second Priority) (the "Second
Priority Lien Instrument") in favor of Lender, dated January 3, 2003 and
recorded January 9, 2003 as Document No. 16735207 in the Official Records of
Santa ▇▇▇▇▇ County, California, covering the Property.
C. Borrower has previously executed that certain Absolute Assignment of
Leases and Rents (First Priority) (the "Assignment of Leases and Rents") in
favor of Lender, dated January 3, 2008 and recorded January 9, 2003 as Document
No. 16735204 in the Official Records of Santa ▇▇▇▇▇ County, California,
assigning the leases and rents for the Property.
D. The parties hereto desire to enter in this First Amendment for the
purpose of amending the First Priority Lien Instrument, the Second Priority Lien
Instrument and the Assignment of Leases and Rents.
NOW, THEREFORE, in consideration of the foregoing facts and the covenants
contained herein and other valuable consideration receipt of which is hereby
acknowledged, Borrower and Lender hereby agree as follows:
1. Unless otherwise defined herein, words and terms used herein shall have
the same meaning as defined in the First Priority Lien Instrument, the Second
Priority Lien Instrument and the Assignment of Leases and Rents.
2. That Exhibit "A", Legal Description, attached to the First Priority Lien
Instrument shall be deleted and replaced with Exhibit "A" attached hereto which
shall now include the four new substitute properties.
3. That Exhibit "B", Facilities List, attached to the First Priority Lien
Instrument shall be deleted and replaced with the Exhibit "B" attached hereto.
4. That the definition of "Note "on page five of the First Priority Lien
Instrument is hereby amend and restated as follow:
"Note: The Promissory Note dated January 3, 2003 executed by Grantor
in the original principal amount of TWENTY-EIGHT MILLION EIGHT HUNDRED
SIXTY-EIGHT THOUSAND SIX HUNDRED FIFTY-FIVE Dollars ($28,868,655.00),
payable to Beneficiary or its order, with final maturity no later than
February 1, 2013, as amended by that certain First Amendment To Promissory
Note dated November 4, 2008, amending the principal amount of the
Promissory Note to be Forty-Eight Million Nine
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Hundred Sixty-Eight Thousand Five Hundred Forty-One Dollars
($48,968,541.00), and with interest as therein expressed, and all
modifications, renewals or extensions of such Promissory Note. "
5. That Exhibit "A", Legal Description, attached to the Second Priority
Lien Instrument shall be deleted and replaced with Exhibit "A" attached hereto
which shall now include the four new substitute properties.
6. That Exhibit "B", Facilities List, attached to the Second Priority Lien
Instrument shall be deleted and replaced with the Exhibit "B" attached hereto.
7. That the definition of "Notes "on page five of the Second Priority Lien
Instrument is hereby amended and restated as follow:
"Notes: The Promissory Note dated January 3, 2003 executed by Mission
West Properties, L.P. I , a Delaware limited partnership in the original
principal amount of Twenty Nine Million Eight Hundred Eleven Thousand Three
Hundred Sixty-Nine Dollars ($29,811,369.00) as amended by that certain
First Amendment To Promissory Note dated November 4, 2008, amending the
principal balance of such Promissory Note to be Twenty-Three Million One
Hundred Forty-Two Thousand Six Hundred Thirty-One Dollars ($23,142,631.00),
payable to Beneficiary or its order, and the Promissory Note dated January
3, 2003 executed by Mission West Properties, ▇.▇. ▇▇, a Delaware limited
partnership in the original principal amount of Forty One Million Three
Hundred Nineteen Thousand Nine Hundred Seventy-Six Dollars ($41,319,976.00)
as amended by that certain First Amendment To Promissory Note dated
November 4, 2008, amending the principal balance of such Promissory Note to
be Nine Million Five Hundred Fifteen Thousand Eight Hundred Seventy-Seven
Dollars ($9,515,877.00), payable to Beneficiary or its order, and each with
final maturity no later than February 1, 2013 and with interest as therein
expressed, and all modifications, renewals or extensions of such Promissory
Notes."
8. That the definition of "Other Note "on page 5 of the Second Priority
Lien Instrument is hereby amend and restated as follow:
"Other Note: The Promissory Note dated January 3, 2003 executed by
Grantor in the original principal amount of Twenty Eight Million Eight
Hundred Sixty-Eight Thousand Six Hundred Fifty-Five Dollars
($28,868,655.00) as amended by that certain First Amendment To Promissory
Note dated November, 2008, amending the principal balance of such
Promissory Note to be Forty-Eight Million Nine Hundred Sixty-Eight Thousand
Five Hundred Forty-One Dollars ($48,968,541.00), payable to Beneficiary or
its order, with final maturity no later than February 1, 2013 and with
interest as therein expressed, and all modifications, renewals or
extensions of such Promissory Note."
9. That Exhibit "A", Legal Description, attached to the Assignment of
Leases and Rents shall deleted and replaced with the Exhibit "A" attached hereto
which shall now include the four new substitute properties.
10. That except as hereby amended the said First Priority Lien Instrument,
the Second Priority Lien Instrument and the Assignment of Leases and Rents shall
remain in full force and effect, unchanged and in all respects, ratified and
confirmed.
11. That nothing herein contained shall affect the priority of the First
Priority Lien Instrument, the Second Priority Lien Instrument or the Assignment
of Leases and Rents over other liens, charges, encumbrances or conveyances nor
shall it release or change the liability of any party who may now or hereafter
be liable, primarily or secondarily, under or on account of the Note, Notes or
Other Notes, as herein defined.
(Remainder of the page intentionally left blank)
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IN WITNESS WHEREOF, this First Amendment has been executed by the undersigned as
of the date and year first above written.
THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY,
a Wisconsin corporation
By: Northwestern Investment Management Company,
LLC, a Delaware limited liability company,
its wholly-owned affiliate and authorized
representative
By: /S/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
----------------------------------------
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Managing Director
Attest: /S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
-------------------------------------
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
Assistant Secretary
CALIFORNIA ACKNOWLEDGMENT
ALL-PURPOSE
STATE OF WISCONSIN )
)ss.
COUNTY OF MILWAUKEE )
On November 5, 2008, before me, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, a Notary Public, personally
appeared ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ and ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, who proved to me on the basis
of satisfactory evidence to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons 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/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
-------------------------------
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇
Name (typed or printed)
(Place Notary Seal Above) My Commission expires: April 22, 2012
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MISSION WEST PROPERTIES, L.P.,
a Delaware limited partnership
By: Mission West Properties, Inc.,
a Maryland corporation,
its general partner
By: /S/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
---------------------------------
Name: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
-------------------------------
Title: President & COO
------------------------------
CALIFORNIA ACKNOWLEDGMENT
ALL-PURPOSE
STATE OF California )
)ss.
COUNTY OF Santa ▇▇▇▇▇ )
On November 7, 2008 , before me, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ , a Notary Public, personally
appeared ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by 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 of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature /S/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
--------------------------------
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
Name (typed or printed)
(Place Notary Seal Above) My Commission expires: March 29, 2011
This instrument was prepared by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, Attorney, for The
Northwestern Mutual Life Insurance Company, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇,
▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.
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First Priority Lien Instrument
&
Second Priority Lien Instrument
&
First Priority Absolute Assignment
Exhibit "A"
(Mission West LP)
AUTOMATION PARKWAY
PARCEL ONE:
PARCEL 1, AS SHOWN ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA ▇▇▇▇▇, STATE OF CALIFORNIA ON DECEMBER 23, 1997,
IN BOOK 698 OF MAPS, PAGE(S) 1 AND 2.
RESERVING THEREFROM AN EASEMENT FOR INGRESS AND OVER THAT PORTION OF LAND
DESIGNATED AND DELINEATED AS "▇.▇.▇.- 30'" RECIPROCAL-INGRESS, EGRESS- EASEMENT"
ON THAT PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY
OF SANTA ▇▇▇▇▇, STATE OF CALIFORNIA, ON DECEMBER 23, 1997 IN BOOK 698 OF MAPS,
PAGES 1 AND 2.
PARCEL TWO:
AN EASEMENT FOR INGRESS AND EGRESS OVER THOSE PORTION OF PARCEL 2 DESIGNATED AND
DELINEATED AS "▇.▇.▇.- 30' RECIPROCAL-INGRESS, EGRESS-EASEMENT" ON THAT PARCEL
MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA ▇▇▇▇▇,
STATE OF CALIFORNIA ON DECEMBER 23, 1997 IN BOOK 698 OF MAPS, PAGES 1 AND 2.
PARCEL THREE:
AN EASEMENT FOR INGRESS AND EGRESS OVER THOSE PORTION OF PARCEL 3 DESIGNATED AND
DELINEATED AS "▇.▇.▇-26'RECIPROCAL-INGRESS, EGRESS-EASEMENT" ON THAT PARCEL MAP
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA ▇▇▇▇▇,
STATE OF CALIFORNIA ON DECEMBER 23, 1997 IN BOOK 698 OF MAPS, PAGES 1 AND 2.
ASSESSORS PARCEL NO: ▇▇▇-▇▇-▇▇▇
CENTRAL EXPRESSWAY
PARCEL ONE:
PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED FOR RECORD IN THE OFFICE OF
THE RECORDER OF THE COUNTY OF SANTA ▇▇▇▇▇, STATE OF CALIFORNIA, ON MAY 13, 1993
IN BOOK 646 OF MAPS AT PAGES 46 THROUGH 49.
PARCEL ONE-A:
AN EASEMENT FOR PRIVATE STORM DRAIN PURPOSES LYING WITHIN ADJUSTED PARCEL 3 AS
DESCRIBED IN DOCUMENT NO. 14686937 FILED ON MARCH 4, 1999, SANTA ▇▇▇▇▇ COUNTY
OFFICIAL RECORDS, IN THE CITY OF SANTA ▇▇▇▇▇, COUNTY OF SANTA ▇▇▇▇▇, STATE OF
CALIFORNIA, AS GRANTED IN THE DEED RECORDED APRIL 30, 2003 AS INSTRUMENT NO.
17003231, OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 10 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON A WESTERLY BOUNDARY LINE OF ▇▇▇▇▇ BOULEVARD, SAID POINT
OF BEGINNING LYING SOUTH 10(degree) 47' 21" EAST, 65.47 FEET ALONG SAID LINE
FROM THE NORTHEASTERLY MOST CORNER OF
- 6 -
ADJUSTED PARCEL 3, AS SAID ▇▇▇▇▇ BOULEVARD IS SHOWN ON THE PARCEL MAP RECORDED
IN BOOK 646 OF MAPS, PAGES 46-49; THENCE, FROM SAID POINT OF BEGINNING, SOUTH
66(degree) 18' 19" WEST, 61.73 FEET; THENCE, NORTH 89(degree) 28' 22" WEST,
230.74 FEET ALONG THE CENTER LINE OF HEREIN DESCRIBED 10 FOOT STRIP; THENCE,
SOUTH 68(degree) 33' 26" WEST, 48.95 FEET; THENCE, SOUTH 73(degree) 57' 57"
WEST, 161.44 FEET; THENCE, NORTH 89(degree) 33' 16" WEST, 15.36 FEET TO THE
TERMINATION OF HEREIN DESCRIBED STRIP IN THE WESTERNMOST BOUNDARY OF SAID
ADJUSTED PARCEL 3.
PARCEL ONE-B:
AN EASEMENT FOR SANITARY SEWER OVER THAT PORTION OF PARCEL 4, DESIGNATED "15' X
438.12' P.S.S.E. ESTABLISHED HEREON TO BENEFIT PARCELS 1 AND 2", AS SHOWN ON THE
PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA
▇▇▇▇▇, STATE OF CALIFORNIA ON MAY 13, 1993 IN BOOK 646 OF MAPS, PAGES 46 THRU
49, PURSUANT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND EASEMENTS RECORDED MAY 13, 1993 IN BOOK M775, PAGE 1281, OFFICIAL RECORDS.
PARCEL ONE-C:
AN EASEMENT FOR STORM DRAIN OVER ALL THOSE PORTIONS OF PARCEL 2, DESIGNATED "10'
P.S.D.E. ESTABLISHED HEREON TO BENEFIT PARCELS 1 AND 2", AS SHOWN ON THE PARCEL
MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA ▇▇▇▇▇,
STATE OF CALIFORNIA ON MAY 13, 1993 IN BOOK 646 OF MAPS, PAGES 46 THRU 49,
PURSUANT TO THAT CERTAIN DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS RECORDED MAY 13, 1993 IN BOOK M775, PAGE 1281, OFFICIAL RECORDS.
PARCEL ONE-D:
A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS AS GRANTED IN THE
GRANT AND QUITCLAIM OF EASEMENTS RECORDED DECEMBER 4, 2000 AS INSTRUMENT NO.
15481192, OFFICIAL RECORDS.
▇▇▇▇▇ AVENUE
PARCEL TWO:
A PORTION OF PARCEL 5, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED FOR RECORD ON
MAY 13, 1993 IN BOOK 646 OF MAPS AT PAGES 46, 47, 48 AND 49 SANTA ▇▇▇▇▇ COUNTY
RECORDS AND A PORTION OF 3.924 NET ACRE PARCEL AS SHOWN ON RECORD OF SURVEY
FILED FOR RECORD ON MAY 22, 1959 IN BOOK 106 OF MAPS AT PAGE 54, SANTA ▇▇▇▇▇
COUNTY RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE WESTERLY BOUNDARY OF ▇▇▇▇▇ BOULEVARD AT A
SOUTHEASTERLY CORNER OF SAID PARCEL 5, AS SAID BOULEVARD AND PARCEL ARE SHOWN ON
SAID MAP, SAID POINT BEING THE NORTHEASTERLY CORNER OF PARCEL "A" AS SHOWN ON
RECORD OF SURVEY MAP FILED FOR RECORD ON FEBRUARY 10, 1967 IN BOOK ▇▇▇ ▇▇ ▇▇▇▇,
▇▇ ▇▇▇▇ ▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ RECORDS;
THENCE ALONG THE COMMON BOUNDARIES OF SAID PARCEL 5 AND SAID PARCEL "A", NORTH
89(degree) 28' 12" WEST, 120.00 FEET AND SOUTH 0(degree) 59' 10" WEST, 124.00
FEET TO THE NORTHERLY BOUNDARY OF THE "▇▇▇▇▇▇ ▇. ▇▇ ▇▇▇▇▇ PROPERTY", AS SHOWN ON
RECORD OF SURVEY MAP FILED FOR RECORD ON JANUARY 13, 1961 IN BOOK 128 OF MAPS AT
PAGE 48, SANTA ▇▇▇▇▇ COUNTY RECORDS.
THENCE, ALONG THE COMMON BOUNDARIES OF SAID PARCEL 5 AND SAID ▇▇ ▇▇▇▇▇ PROPERTY,
NORTH 89(degree) 28' 12" WEST, 62.89 FEET TO THE TRUE POINT OF BEGINNING.
THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING ALONG A COMMON BOUNDARY OF
SAID PARCEL 5 AND SAID ▇▇ ▇▇▇▇▇ PROPERTY SOUTH 0(degree) 57' 22" WEST, 100.00
FEET TO THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED IN THE DEED
FROM ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ET US, TO ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ET UX, BY INSTRUMENT DATED
APRIL 20, 1956 AND RECORDED APRIL 23, 1956 IN BOOK 3474 OF OFFICIAL RECORDS,
PAGE 190;
THENCE, ALONG THE COMMON BOUNDARIES OF SAID PARCEL 5 AND SAID PARCEL FROM ▇▇▇▇▇▇
TO ▇▇▇▇▇▇▇,
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NORTH 89(degree) 28' 12" WEST, 15.00 FEET AND SOUTH 0(degree) 57' 22" WEST,
165.00 FEET TO A NORTHERLY BOUNDARY OF THAT CERTAIN 3.924 NET ACRE PARCEL AS
SHOWN ON RECORD OF SURVEY MAP FILED FOR RECORD ON MAY 22, 1959 IN BOOK ▇▇▇ ▇▇
▇▇▇▇, ▇▇ ▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ RECORDS;
THENCE, ALONG LAST SAID NORTHERLY BOUNDARY, SOUTH 89(degree) 28' 12" EAST,
197.75 FEET TO THE WESTERLY BOUNDARY OF SAID ▇▇▇▇▇ BOULEVARD;
THENCE, ALONG LAST SAID BOUNDARY SOUTH 00(degree) 59' 10" WEST, 2.96 FEET TO THE
NORTHERLY END OF RETURN FOR ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇
AS SHOWN ON RECORD OF SURVEY MAP FILED ON JULY 17, 1967 IN BOOK 225 OF MAPS,
PAGES 14 AND 15, SANTA ▇▇▇▇▇ COUNTY RECORDS;
THENCE, ALONG SAID RETURN ON A TANGENT CURVE DEFLECTING TO THE RIGHT WITH A
RADIUS OF 140.00 FEET, THROUGH A CENTRAL ANGLE OF 18(degree) 00' 00" AN ARC
DISTANCE OF 43.98 FEET;
THENCE ALONG A TANGENT CURVE DEFLECTING TO THE RIGHT WITH A RADIUS OF 40.00
FEET, THROUGH A CENTRAL ANGLE OF 53(degree) 30' 56" AN ARC DISTANCE OF 37.36
FEET;
THENCE ALONG A TANGENT CURVE DEFLECTING TO THE RIGHT WITH A RADIUS OF 140.00
FEET, THROUGH A CENTRAL ANGLE OF 18(degree) 00' 00" AN ARC DISTANCE OF 43.98
FEET TO THE NORTHERLY BOUNDARY OF SAID ▇▇▇▇▇ AVENUE;
THENCE, NORTH 89(degree) 29' 54" WEST, 670.84 FEET TO AN EASTERLY BOUNDARY OF
PARCEL 1 AS SHOWN ON PARCEL MAP FILED FOR RECORD ON SEPTEMBER 19, 1990 IN BOOK
618 OF MAPS AT PAGES 36, 37 AND 38, SANTA ▇▇▇▇▇ COUNTY RECORDS.
THENCE, ALONG THE COMMON BOUNDARY OF SAID PARCEL 1 AND 3.924 NET ACRE PARCEL,
NORTH 01(degree) 04' 25" EAST, 343.57 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL
4 AS SHOWN ON FIRST SAID PARCEL MAP;
THENCE, ALONG THE COMMON BOUNDARY OF SAID PARCEL 4 AND SAID 3.294 NET ACRE
PARCEL SOUTH 89(degree) 29' 54" EAST 362.84 FEET TO A WESTERLY CORNER OF SAID
PARCEL 5;
THENCE, ALONG A COMMON BOUNDARY OF SAID PARCELS 4 AND 5 AND ITS EASTERLY
PROJECTION SOUTH 89(degree) 28' 12" EAST, 200.00 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL TWO-A:
A RIGHT OF WAY FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET WIDE, THE
CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE QUARTER SECTION LINE RUNNING NORTH AND SOUTH THROUGH
THE CENTER OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 1 WEST, M.D.B. & M. DISTANT
THEREON SOUTH 0(degree) 03' WEST 100 FEET FROM THE NORTHEAST CORNER OF THE SOUTH
1/2 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 1 WEST M.D.B. &
M. SAID NORTHEAST CORNER ALSO BEING THE NORTHEASTERLY CORNER OF THAT CERTAIN 2
ACRE TRACT OF LAND DESCRIBED IN THE DEED FROM ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ET AL., TO ▇▇▇ ▇.
▇▇▇▇▇▇▇▇, ET UX, DATED JANUARY 2, 1947, RECORDED JANUARY 3, 1947 IN BOOK 1403
OFFICIAL RECORDS, PAGE 295, SANTA ▇▇▇▇▇ COUNTY RECORDS; THE TRUE POINT OF
BEGINNING OF THE RIGHT OF WAY TO BE DESCRIBED; THENCE LEAVING SAID QUARTER
SECTION LINE AND RUNNING PARALLEL WITH THE NORTHERLY LINE OF SAID 2 ACRE TRACT
SOUTH 89(degree) 45' WEST 250.60 FEET TO THE NORTHEASTERLY CORNER OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ET UX IN DEED RECORDED
APRIL 23, 1956 IN BOOK 3474, PAGE 190, OFFICIAL RECORDS.
LESS THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF ▇▇▇▇▇ BOULEVARD.
PARCEL TWO-B:
A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS AS GRANTED IN THE
GRANT AND QUITCLAIM OF EASEMENTS RECORDED DECEMBER 4, 2000 AS INSTRUMENT NO.
15481192, OFFICIAL RECORDS.
APN: ▇▇▇-▇▇-▇▇▇ AND ▇▇▇-▇▇-▇▇▇ AND ▇▇▇-▇▇-▇▇▇ AND ▇▇▇-▇▇-▇▇▇
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First Priority Lien Instrument
&
Second Priority Absolute Assignment
Exhibit "B"
- 9 -