Exhibit 10.17
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NOTE SECURED BY DEED OF TRUST
(INSTALLMENT-INTEREST INCLUDED)
$935,000 00 Daly City , California, November 26, 1991
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In installments as herein stated, for value received, I promise to pay to FOR
BENEFICIARY SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, or order at
any place designated by beneficiary the sum of NINE HUNDRED THIRTY FIVE THOUSAND
AND NO/100--($935,000.00)-- DOLLARS, with interest from December, 1991, on
unpaid principal at the rate of 8.5% per cent per annum; principal and interest
payable in installments of EIGHT THOUSAND ONE HUNDRED FOURTEEN AND
21/100--($8,114.21)-------- DOLLARS, or more on the ________ day of each and
every month, beginning on the __________ day of January, 1992 and continuing
until the day of December, 1996 at which time the entire unpaid principal
balance and accrued interest shall be due and payable in full.
_________________________________________________XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
A late charge in an amount equal to 6% of the monthly installment due shall be
payable on any installment received more than 10 days after the due dates set
forth above. It is hereby agreed and understood by all parties that the within
Note shall not be prepaid within the first thirty months of this Note. The
within Note may be prepaid at any time after the first thirty months of
commencement of the within Note. This Note is subject to Section 2966 of the
Civil Code which provides that the holder of this Note shall provide written
notice, to the trustors or their successors in interest of prescribed
information at least 90 and not more than 150 days before any balloon payment is
due.
Each payment shall be credited first on interest then due and the
remainder on principal; and interest shall thereupon cease upon the principal so
credited. Should default be made in payment of any installment when due the
whole sum of principal and interest shall become immediately due at the option
of the holder of this note. Principal and interest payable in lawful money of
the United States. If action be instituted on this note I promise to pay such
sum as the Court may fix as attorney's fees. This note is secured by a DEED OF
TRUST to Commonwealth Land Title Company, A California Corporation as Trustee.
FIRST NATIONAL BANK OF ▇▇▇▇ CITY
a California Corporation
By: /s/ ▇. ▇▇▇▇▇
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▇. ▇▇▇▇▇
By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇
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▇▇▇▇▇ ▇▇▇▇▇▇
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Form 3122 (CA) 6-80 DO NOT DESTROY THIS NOTE
Fidelity National Title
INSURANCE COMPANY OF CALIFORNIA
▇▇▇ ▇▇▇ ▇▇▇▇▇▇, #▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇
(▇▇▇) ▇▇▇-▇▇▇▇ FAX (▇▇▇) ▇▇▇-▇▇▇▇
MODIFICATION AGREEMENT
This agreement, made and entered into this 1st day of September 19 99 ,between
▇▇▇▇▇▇ ▇▇▇▇▇▇, widow, & ▇▇▇▇▇ ▇▇▇▇▇▇, widower as first party, and FIRST NATIONAL
BANK OF ▇▇▇▇ CITY, a California Corporation, It's Successors and/or Assigns, as
second party.
WITNESSETH THAT:
WHEREAS, First party is the owner and holder of a promissory note secured by a
deed of trust recorded on the 5th day of December 19 91, in Book Page of
official Records of the County of San Mateo , State of California.
WHEREAS, Second party is the owner or is about to become the owner of the real
property described in said deed of trust subject to the Lien thereof, and
WHEREAS, the parties hereto desire to change and modify the terms of said
promissory note.
NOW THEREFORE, in consideration of the premises and covenants herein contained
it is mutually agreed as follows:
1. The unpaid balance of principal now due upon said promissory note is
the sum of $ 353,192.60 with interest thereon at the rate of 4.00 % per annum
from July 1. 1996.
2. The balance due upon said promissory note as aforesaid shall be paid in
the following manner and the terms of said promissory note changed and modified
as follows to wit:
With payment of $53,192.60 made this 1st day of September 1999:
The remaining principal balance of $300,000.00 will be paid in 4 (four)
substantially equal annual installments of approximately $82,275.84. Payments
will begin January 31, 2000 continuing to January 31, 2003.
The interest rate paid will concurrently increase to 5.00 % per annum,
fixed.
3. That in all other respects said note and said deed of trust shall
remain unaffected unchanged and unimpaired by reason of the execution of this
agreement.
4. That second party agrees to pay said promissory note according to the
terms thereof as herein changed and modified and agrees to perform all of the
acts to be performed by the ▇▇▇▇▇▇▇ under the terms of said deed of trust.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
/s/ ▇▇▇▇▇ ▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇
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▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇
First National Bank of Northern California,
Formerly, First National Bank of ▇▇▇▇ City
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EXHIBIT "A"
BENEFICIARY:
▇▇▇▇▇▇ ▇▇▇▇▇▇, a widow, as to an undivided 1/4 interest; ▇▇▇▇▇ ▇▇▇▇▇▇, a
widower, as to an undivided 1/2 interest; and ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇▇ AND
▇▇▇ ▇▇▇▇▇▇▇▇, as trustees of the trust created under the will of ▇▇▇▇▇▇ ▇.
▇▇▇▇▇▇, deceased as to an undivided 1/4 interest.
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DESCRIPTION
All that certain real property situate in the County of San Mateo, State of
California, described as follows:
City of South San Francisco
PARCEL I:
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Portion or Lot A as shown on that certain map entitled "RANCHO BURI-BURI, SOUTH
SAN FRANCISCO, CALIFORNIA" filed in the office of the County Recorder of San
Mateo County, State of California on March 22, 1946 in Book 25 or Maps at pages
28, 29 and 30, more particularly described as follows:
BEGINNING at a point on the Northeasterly line of Lot A distant along said line
South 48(degree) 30' East 589.95 feet and Southeasterly on the arc of and being
a curve to the right, said curve having a radius or 2940 feet from the tangent
to the last mentioned course, a distance or 247.30 feet from the Southeasterly
line of ▇▇▇▇▇▇ Drive said Lot A and ▇▇▇▇▇▇ Drive being as designated on that
certain map entitled `RANCHO BURI BURI, SOUTH SAN FRANCISCO CALIFORNIA, filed in
the office of the County Recorder of San Mateo County, State of California in
Book 25 of Maps at pages 28, 29 and 30; thence from said point of beginning
along said Northeasterly line Southeasterly along said curve, a distance of
104.24 feet; thence South 48(degree) 35' 40" West 141.81 feet to the Southerly
line of said Lot A; thence along said Southerly line South 81(degree) 51' 40"
West 61.05 feet and North 85(degree) 51' 40" West 66.98 feet to a point which
bears South 43(degree) 06' 08" West from the point of beginning; thence North
43(degree) 06' 08" East 238.51 feet to the point of beginning
PARCEL II:
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Portion of Lot A is shown on that certain nap entitled "RANCHO BURI-BURI, SOUH
SAN FRANCISCO, CALIFORNIA", filed in the office of the County Recorder of San
Mateo County, State of California on March 22, 1946 in Book 25 of Maps at pages
28, 29 and 30, more particularly Described as follows:
BEGINNING at a point on the Southerly line of Camaritas Avenue, as said avenue
is shown on the map entitled "RECORD OF SURYEY OF PROPOSED EXTENSION OF
CAMARITIAS AVENUE, THROUGH LOT A OF MAP ENTITLED `RANCHO BURI BURI', filed in
the office of the county Recorder of San Mateo County, State of California on
July 25, 1955 In Book 3 of Licensed Land Surveyors Maps at page 56, said point
of beginning being at the intersection of said Southerly line of Camaritas
Avenue and the most Westerly corner of the lands described in the deed from ▇.
▇. ▇▇▇▇▇▇▇, et al to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, et al dated December 26, 1956 and recorded
February 211 1957 in Beak 3178 at page 371 as Document no. 29703-P of Official
Records; thence from said point of beginning along said Southerly line or
Camaritas Avenue the following courses and distances: Westerly along the arc of
a curve to the right, said curve having a radius of 340 feet, an arc distance or
219.95 feet, and South 88(degree) 00' 00" West 101.25 feet to the Easterly
terminus of a 10 foot radius curve connecting the Southerly line of Camaritas
Avenue and the Easterly line al West Orange Avenue, as said avenues are shown on
the record of survey map above mentioned; thence Westerly and Southerly along
said 10 foot radius curve to the left, tangent to the preceding course, said
curve having a radius of 10 feet, through a central angle of 90(degree), an arc
distance of 15.71 feet to said Easterly line of West Orange Avenue; thence South
2(degree) 00' 00" East, along the last named line, 19.93 feet to the Southerly
line of said Lot A; thence along said Southerly line of Lot A North 79(degree)
11' 20" East 69.14 feet, and South 85(degree) 51' 40" East 309.52 feet to the
Northwesterly boundary line of the lands described in the deed from ▇. ▇.
▇▇▇▇▇▇▇ and wife, et al, to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, et al, dated August 9, 1955 and
recorded August 22, 1955 in Book 2861 at page 508 as Document No, 97317-M of
Official Records; thence North 43(degree) 06' 08" East, along the last mentioned
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boundary line, 38.51 feet to the Southwesterly boundary line of the lands
described in the deed to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, et al, recorded in Book 3178 at page
371 as Document No. 29703-P of Official Records; thence North 44(degree) 54' 00"
West along the last mentioned boundary line of the point of beginning.
EXCEPTING THEREFROM the lands conveyed to the County of San Mateo, a political
subdivision of the State of California and described as Parcel III in that
certain deed recorded October 26, 1970 in Book 5850 at page 536 as Document No.
56795-AD of Official Records.
PARCEL III:
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A portion of Lot A as shown on that certain map entitled `RANCHO BURI-BURI,
SOUTH SAN FRANCISCO, CALIFORNIA", filed in the office of the County Recorder at
San Mateo County, State of California on March 22 1946 in Book 25 of Maps at
pages 28, 29 and 30, also being a portion of that parcel of land described in
that deed recorded February 21, 1957 in Book 3178 at page 371 as Document No.
29703-P of Official Records, more particularly described as follows:
BEGINNING at a point on the Northeasterly line of Lot A distant along said line,
South 48(degree) 30' East 589.95 feet and Southeasterly on the arc of a curve to
the right, said curve having a radius of 2940 feet and being tangent to the last
mentioned course, a distance of 247.30 feet from the Southeasterly line of
▇▇▇▇▇▇ Drive, as said Lot A and ▇▇▇▇▇▇ Drive are shown on the map above
Mentioned; thence South 43(degree) 06' 08" West 140.00 feet to the true point of
beginning of the lands to be described herein, said true paint of beginning also
being the intersection of the Northwesterly boundary line of the lands described
in deed from ▇. ▇. ▇▇▇▇▇▇▇, et al to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, et al, recorded August 22,
1955 in Book 2861 at page 508 as Document No. 79317-M of Official Records, and
the Southwesterly boundary line of lands described in deed from ▇▇▇▇ ▇▇▇▇▇
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, et al, to ▇. ▇. ▇▇▇▇▇▇▇ and ▇. ▇ ▇▇▇▇, recorded March 19, 1956
in Book 2995 at page 72 as Document No. 40907-N of Official Records; thence from
said true point of beginning, along said last mentioned Southwesterly boundary
line, north 44(degree) 54' West 105.28 feet to the Southeasterly boundary of
that certain parcel of land described in deed to County of San Mateo recorded
October 26, 1970 In Book 5850 at page 543 as Document no. 56796-AD of Official
Records; thence along said last mentioned Southeasterly boundary Southwesterly
along the arc or a curve to the right tangent to a line which bears South
44(degree) 36' 31" West, said curve having a radius of 650.00 feet and a central
angle of 5(degree) 17' 18", a distance of 60.00 to a point on the Southwesterly
boundary of the above mentioned parcel of land described in Book 3176 at page
371 of Official Records; thence along the Southwesterly boundary South
44(degree) 54' East 107 feet, more or less, to the Northwesterly boundary line
of the lands described in the aforementioned deed to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, et al,
Book 2861 at page 508 of Official Records; thence along the last mentioned line
North 43(degree) 06' 08" East 60 feet, more or less, to the true point of
beginning.
PARCEL IV:
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Portion of Lot A as shown on that certain map entitled "RANCHO BURI-BURI, SOUTH
SAN FRANCISCO, CALIFORNIA", filed in the Office of the County Recorder of San
Mateo County, State of California on March 22, 1946 In Boot 25 of Maps at pages
28, 29 and 30, more particularly described as follows:
BEGINNING at a point on the Northeasterly line of Lot A distant along said line
South 48(degree) 30' East 589.95 feet and Southeasterly On the arc of a curve to
the right, said curve having a radius of 2940 feet and being tangent to the last
mentioned course, a distance of 376.54 feet from the Southeasterly line of
▇▇▇▇▇▇ Drive, as said ▇▇▇▇▇▇ Drive is shown on the above mentioned map; thence
from said point of beginning along said Northeasterly line, Southeasterly along
said curve, a distance of 81.07 feet to the moat Easterly corner of said Lot A;
thence along the Southerly line of said Lot A, South 81(degree) 48' 35" West a
distance of 112.78 feet; thence north 86(degree) 01' 50" West a distance of
56.18 feet; thence South 81(degree) 56' 50" West a distance of 7.81 feet to the
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Southeasterly line of the lands described in the deed to ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇
▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇, recorded August 22, 1955 in Book 2861 at page 508 of
Official Records thence Northeasterly along said line North 48(degree) 35' 40"
East 76.81 feet to the most Westerly corner of the lands described in the deed
to the Pacific Telephone and Telegraph Company, a corporation, recorded January
10, 1956 in Book 2949 at page 129 of Official Records thence along the boundary
line of the property described In said deed, South 41(degree) 24' 20" East 25
feet, more or less, to the most Southerly ▇▇▇▇▇ or said property and 1 point
which bears South )8o 3S' 40' West from the point of beginning; thence North
48(degree) 35' 40" East 65 feet to the point of beginning.
APN. No. ▇▇▇-▇▇▇-▇▇▇ JPN. No. 010-040-401-05A
▇▇▇-▇▇▇-▇▇▇ 010-040-401-06A
▇▇▇-▇▇▇-▇▇▇ 010-040-401-22A
▇▇▇-▇▇▇-▇▇▇ 010-040-401-23A
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