Exhibit 10.25 

 

**DEED OF TRUST**

 

With Assignment of Rents 

 

**THIS DEED OF TRUST**, entered into as of this 1st day of April, 2003, by andbetween **ARV LAS POSAS, L.P.,** a California limited partnership, with offices at 245 Fischer Avenue, Suite D-1, Costa Mesa, California 92626, herein called Trustor, and **FIRST AMERICAN TITLE INSURANCE COMPANY**, a California corporation**,**Trustee(s), and **RED MORTGAGE CAPITAL, INC.,**an Ohio corporation, with offices at 150 East Gay Street, 22nd Floor, Columbus, Ohio 43215, herein called Beneficiary. 

 

**WITNESSETH:** That Trustor grants, transfers, and assigns to Trustee in trust, upon the trusts, covenants, conditions and agreements and for the uses and purposes hereinafter contained, with power of sale, allthat real property situate, lying and being in Ventura County, State of California, described as follows: 

 

**SEE EXHIBIT “A” ATTACHED HERETO**

**AND MADE A PART HEREOF.**

 

Together with the rents, issues, and profits thereof,**SUBJECT, HOWEVER**, to the right, power, and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description nowor hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves,ranges, elevators and motors, bath tubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels, cabinets, refrigerating plant and refrigerators, whether mechanical or otherwise, cooking apparatus andappurtenances, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings shall to the extent permitted by law be deemed to be permanently affixed to and a part of the realty; and

 

Together with all building materials and equipment now orhereafter delivered to said premises and intended to be installed therein; and 

 

Together with all articles of personal property now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the lands described which are necessary to thecomplete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building,or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildingsin any manner, and said Trustor agrees to execute a Security Agreement covering the aforesaid fixtures and articles of personal property, at the time 

of placing such personal property or any part thereof in the building or buildings to be erected on the lands hereindescribed in the manner and form required by law, at its expense and satisfactory to the Beneficiary. 

 

To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns forever. 

 

**FOR THE PURPOSE** of securing performance of each agreement ofTrustor herein and payment of a just indebtedness of the Trustor to the Beneficiary in the principal sum of **TWELVE MILLION TWO HUNDRED FORTY THOUSAND AND NO/100THS DOLLARS****($12,240,000.00),** evidenced by its Note of even date herewith,bearing interest from date on outstanding balances at Six and five one-hundredths percent (6.05 %) per annum, said principal and interest being payable in monthly installments as provided in said Note with a final maturity of May 1, 2038, which Noteis identified as being secured hereby by a certificate thereon. Said Note and all of its terms are incorporated herein by reference and this conveyance shall secure any and all extensions thereof, however evidenced. 

 

**AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES:**

 

1. That it will pay the Note at the times and in themanner provided therein; 

 

2. That it will not permit or sufferthe use of any of the property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed; 

 

3. That the Regulatory Agreement, if any, executed by the Trustor and the Secretary of Housing and Urban Development, acting by and through the FederalHousing Commissioner, which is being recorded simultaneously herewith, is incorporated in and made a part of this Deed of Trust. Upon default under the Regulatory Agreement and upon the request of the Secretary of Housing and Urban Development,acting by and through the Federal Housing Commissioner, the Beneficiary, at its option, may declare the whole of the indebtedness secured hereby to be due and payable; 

 

4. That all rents, profits and income from the property covered by this Deed of Trust are hereby assigned to the Beneficiaryfor the purpose of discharging the debt hereby secured. Permission is hereby given to Trustor so long as no default exists hereunder, to collect such rents, profits and income for use in accordance with the provisions of the Regulatory Agreement;

 

That the Trustor grants to the holder or holders of the Notesecured hereby the right and power to appoint a substitute Trustee or Trustees hereunder for any reason whatsoever by instrument of appointment duly executed and acknowledged by the holder or holders of the Note and to be filed for record in theoffice wherein this Deed of Trust is recorded. Such power of appointment may be exercised as often as deemed necessary by the holder or holders of the Note. Upon such appointment, the substitute Trustee or Trustees shall be vested with all therights, powers, authority and duties vested in the Trustee hereunder; 

 

5. That upon default hereunder or under the aforementioned Regulatory Agreement, Beneficiary shall be entitled to the Appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the propertydescribed herein and operate same and collect the rents, profits and income therefrom; 

 

6. That at the option of the Trustor the principal balance secured hereby may be reamortized on terms acceptable to the Secretary of Housing and Urban Development, acting by and through the Federal HousingCommissioner if a partial prepayment results from an award in 

 

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condemnation in accordance with provisions of Paragraph 21 herein, or from an insurance payment made in accordance withprovisions of Paragraph 7 herein, where there is a resulting loss of project income; 

 

7. That the Trustor will keep the improvements now existing or hereafter erected on the deeded property insured against loss by fire and such other hazards, casualties, and contingencies, as may be stipulated by theSecretary of Housing and Urban Development, acting by and through the Federal Housing Commissioner upon the insurance of the Deed of Trust and other hazards as may be required from time to time by the Beneficiary, and all such insurance shall beevidenced by standard fire and extended coverage insurance policy or policies, in amounts not less than necessary to comply with the applicable Coinsurance Clause percentage, but in no event shall the amounts of coverage be less than 80 percent ofthe Insurable Values or not less than the unpaid balance of the insured Deed of Trust, whichever is the lesser, and in default thereof the Beneficiary shall have the right to effect insurance. Such policies shall be endorsed with standard Mortgageeclause with loss payable to the Beneficiary and the Secretary of Housing and Urban Development as their interests may appear, and shall be deposited with the Beneficiary. The insurance carrier providing the insurance shall be chosen by Trustor,subject to approval by Beneficiary, provided that such approval shall not be unreasonably withheld. 

 

That if the premises covered hereby, or any part thereof, shall be damaged by fire or other hazard against which insurance is held as hereinaboveprovided, the amounts paid by any insurance company in pursuance of the contract of insurance to the extent of the indebtedness then remaining unpaid, shall be paid to the Beneficiary, and, at its option, may be applied to the debt or released forthe repairing or rebuilding of the premises. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the property covered thereby at any Trustee’s sale held hereunder; 

 

8. Together with and in addition to the monthly payments of interest or ofprincipal and interest payable under the terms of said Note, to pay to Beneficiary monthly until said Note is fully paid, beginning on the first day of the first month after the date hereof, the following sums: 

 

(a) An amount sufficient to provide the Beneficiary with funds to pay thenext mortgage insurance premium if this instrument and the Note secured hereby are insured, or a monthly service charge, if they are held by the Secretary of Housing and Urban Development, as follows: 

 

(I) If and so long as said Note of even date and this instrument are insuredor are reinsured under the provisions of the National Housing Act, an amount sufficient to accumulate in the hands of the Beneficiary one month prior to its due date the annual mortgage insurance premium, in order to provide such Beneficiary withfunds to pay such premium to the Secretary of Housing and Urban Development, pursuant to the National Housing Act, as amended, and applicable Regulations thereunder, or 

 

(II) Beginning with the first day of the month following an assignment of this instrument and the Note secured hereby to theSecretary of Housing and Urban Development, a monthly service charge which shall be an amount equal to one-twelfth of one-half percent ( 1/12 of  1/2%) of the average outstanding principal balance due onthe Note computed for each successive year beginning with the first of the month following such assignment, without taking into account delinquencies or prepayments. 

 

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(b) A sum equal to the ground rents, if any, next due, plus the premiums that will next become due andpayable on policies of fire and other property insurance covering the premises covered hereby, plus water rates, taxes and assessments next due on the premises covered hereby (all as estimated by the Beneficiary) less all sums already paid therefordivided by the number of months to elapse before one month prior to the date when such ground rents, premiums, water rates, taxes and assessments will become delinquent, such sums to be held by Beneficiary in trust to pay said ground rents,premiums, water rates, taxes, and special assessments. 

 

(c)All payments mentioned in the two preceding subsections of this paragraph and all payments to be made under the Note secured hereby shall be added together and the aggregate amount thereof shall be paid each month in a single payment to be appliedby Beneficiary to the following items in the order set forth: 

 

(I) premium charges under the Contract of Insurance with the Secretary of Housing and Urban Development, acting by and through the Federal Housing Commissioner or service charge; 

 

(II) ground rents, taxes, special assessments, water rates, fire and otherproperty insurance premiums; 

 

(III) interest on the Notesecured hereby; 

 

(IV) amortization of the principal of saidNote. 

 

9. Any excess funds accumulated under paragraph (b)above remaining after payment of the items therein mentioned, shall be credited to subsequent monthly payments of the same nature required thereunder; but if any such item shall exceed the estimate therefor, the Trustor shall without demandforthwith make good the deficiency. Failure to do so before the due date of such item shall be a default hereunder. In case of termination of the Contract of Mortgage Insurance by prepayment of the mortgage in full, or otherwise (except ashereinafter provided), accumulations under paragraph (a) above not required to meet payments due under the Contract of Mortgage Insurance, shall be credited to the Trustor. If the property is sold under foreclosure or is otherwise acquired by theBeneficiary after default, any remaining balance of the accumulations under paragraph (b) above shall be credited to the principal of the debt as of the date of commencement of foreclosure proceedings or as of the date the property is otherwiseacquired; and accumulations under paragraph (a) above shall be similarly applied unless required to pay sums due to the Secretary of Housing and Urban Development, acting by and through the Federal Housing Commissioner under the Contract of MortgageInsurance; 

 

10. To keep said property in good condition andrepair, not to remove or demolish any buildings thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged, or destroyed thereon and to pay when due all claims for labor performed andmaterials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property inviolation of law and/or covenants, conditions and/or restrictions affecting said property; not to permit or suffer any alterations of or addition to the buildings or improvements hereafter constructed in or upon said property without the consent ofthe Beneficiary; 

 

11. To appear in and defend any action orproceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, 

 

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including cost of evidence of title and attorney’s fees in a reasonable sum, in any such action or proceeding inwhich Beneficiary or Trustee may appear; 

 

12. Should Trustorfail to make any payment or do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same insuch manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; may commence, appear in and/or defend any action or proceedingpurporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, inexercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; 

 

13. The Beneficiary shall have the right to pay mortgage insurance premiums or fire and other property insurance premiums when due to the extent thatmonthly payments made hereunder for the purpose of meeting same are insufficient. All such payments made by the Beneficiary shall be added to the principal sum secured hereby; 

 

14. To pay immediately and without demand all sums so expended by Beneficiary or Trustee, under permission given under thisDeed of Trust, with interest from date of expenditure at the rate specified in said Note; 

 

15. ~~That the funds to be advanced hereunder are to be used in the construction of certain improvements on the lands herein described in accordance with a certain building loan agreement made by and between theTrustor and the Beneficiary dated _______________, which said building loan agreement (except such part or parts thereof as may be inconsistent herewith) is incorporated herein by reference to the same extent and effect as if fully set forth herein,and made a part of this Deed of Trust; and on the failure of the Trustor to keep and perform all the covenants, conditions, and agreements of said building loan agreement, thereupon, the principal sum and all arrears of interest, and other chargesprovided for herein shall at the option of the Beneficiary of this Deed of Trust become due and payable, anything contained herein to the contrary notwithstanding. This covenant shall be terminated upon the completion of the building or buildings tothe satisfaction of the Beneficiary and the making of the final advance as provided in said building loan agreement;~~

 

16. The Trustor further covenants that it will not voluntarily create, suffer, or permit to be created against the property subject to this Deed of Trustany lien or liens inferior or superior to the lien of this Deed of Trust and further that it will keep and maintain the same free from the claim of all persons supplying labor or materials which will enter into the construction of any and allbuildings now being erected or to be erected on said premises; 

 

17. That the improvements ~~about to be made~~ upon the premises, covered by the Deed of Trust, and all plans and specifications comply with all municipal ordinances and regulations and all of other regulations made orpromulgated, now or hereafter, by lawful authority, and that the same will ~~upon completion~~ comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization,bureau, association or office; 

 

18. That so long as this Deedof Trust and the said Note secured hereby are insured under the provisions of the National Housing Act, or held by the Secretary of Housing and Urban Development, it will not execute or file for record any instrument which imposes a restriction uponthe sale or occupancy of the mortgaged property on the basis of race, color, creed or national origin. 

 

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**ABOVE IT IS MUTUALLY AGREED THAT:**

 

19. Trustor herein agrees to pay to Beneficiary or to the authorized loan servicing representative of the Beneficiary acharge not to exceed $15 for providing a statement regarding the obligation secured by this Deed of Trust as provided by Section 2954, Article 2, chapter 2, Title 14, Part 4, Division 3, of the Civil Code of the State of California. 

 

20. ~~That if the construction of the improvements herein referred toshall not be carried on with reasonable diligence, or shall be discontinued at any time for any reason other than strikes or lockouts, the Beneficiary, after due notice to the Trustor or any subsequent owner, is hereby invested with full andcomplete authority to enter upon the said premises, employ watchmen to protect such improvements from depredation or injury and to preserve and protect the personal property therein, and to continue any and all outstanding contracts for the erectionand completion of said building or buildings, to make and enter into any contracts and obligations wherever necessary, either in its own name or in the name of the Trustor, and to pay and discharge all debts, obligations and liabilities incurredthereby. All such sums so advanced by the Beneficiary (exclusive of advances of the principal of the indebtedness secured hereby) shall be added to the principal of the indebtedness secured hereby and shall be secured by this Deed of Trust and shallbe due and payable on demand with interest at the rate specified in said Note, but no such advances shall be insured unless same are specifically approved by the Secretary of Housing and Urban Development, acting by and through the Federal HousingCommissioner prior to the making thereof;~~

 

21. Shouldthe property or any part thereof be taken or damaged by reason of any public improvement or condemnation preceding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled to all compensation, awards, and otherpayments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action to proceedings, or to make any compromise or settlement in connection with such taking or damage. All awards ofcompensation in connection with condemnation for public use of or a taking of any of that property, shall be paid to the Beneficiary to be applied to the amount due under this Note secured hereby in (1) amounts equal to the next maturing installmentor installments or principal and (2) with any balance to be credited to the next payment due under the Note. All awards of damages in connection with any condemnation for public use of or injury to any residue of that property shall be paid to theBeneficiary to be applied to a fund held for and on behalf of the Trustor which fund shall, at the option of the Beneficiary, and with the prior approval of the Secretary of Housing and Urban Development, either be applied to the amount due underthe Note as specified in the preceding sentence, or be disturbed for the restoration or repair of the damage to the residue. No amount applied to the reduction of the principal amount due in accordance with (1) shall be considered an optionalprepayment as the term is used in this Deed of Trust and the Note secured hereby, nor relieve the Trustor from making regular monthly payments commencing on the first day of the first month following the date of receipt of the award. The Beneficiaryis hereby authorized in the name of the Trustor to execute and deliver valid acquittances for such awards and to appeal from such award; 

 

22. Upon default by Trustor in making any monthly payment provided for herein or in the Note secured hereby, and if such default is not made good prior tothe due date of the next such installment, or if Trustor shall fail to perform any covenant or agreement in this Deed of Trust, all sums secured hereby shall, at the option of the Beneficiary, be deemed to have become immediately due and payable,and shall thereupon be collectable by foreclosure of this Deed of Trust. In the event of default, Trustee hereunder shall be, and is authorized and empowered when given notice to do so by Beneficiary after such default, to cause the property to besold, which notice Trustee shall cause to be duly filed for record. 

 

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23. After the lapse of such time as may then be required by law following the recordation of said noticeof defaults, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in suchorder as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at the time and placeof sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conveying the property so sold, but without any covenant orwarranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. The Trustee shall apply theproceeds of sale to payment of (1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee’s fees or attorney’s fees for conducting the sale, and the actual cost of publishing,recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustees’ Deed; (3) all sums expended under the terms hereof, not thenrepaid, with accrued interest at the rate specified in said Note; (4) all other sums then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 

 

24. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunderto execute this Trust. Upon such appointment, and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment andsubstitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record which, when duly recorded in the proper office of the county or counties in which the property is situated, shall beconclusive proof of proper appointment of the successor trustee**.** In the event of default, Trustee hereunder shall be, and is authorized and empowered when given notice to do so by Beneficiary after such default to cause the property to besold, which notice Trustee shall cause to be duly filed for record. 

 

25. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed is hereby waived to the full extent permissible by law; 

 

26. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deedof Trust and said Note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusiveproof of the truthfulness thereof. The grantee in such reconveyance may be described as “the person or persons legally entitled thereto;” 

 

27. The trust created hereby is irrevocable by Trustor; 

 

28. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors,successors, and assigns. The term “Beneficiary” shall include not only the original Beneficiary hereunder but also any future owner and holder including pledgees, of the Note secured hereby. In this Deed, whenever the context so requires,the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. All obligations of each Trustor hereunder are joint and several; 

 

29. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided bylaw. Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or 

 

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of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee;

 

30. The Undersigned **TRUSTOR REQUESTS** that a copy of anynotice of default and of any notice of sale hereunder be mailed to him at the mailing address opposite his name hereto. Failure to insert such address shall be deemed a waiver of any request hereunder for a copy of such notices. 

 

Mailing Address for Notices

 

245 Fischer Avenue, Suite D-1 

Costa Mesa, California 92626 

 

31. Notwithstanding any other provision contained herein or in the Note, hereinabove referred to, it is agreed that the execution of the Note shall imposeno personal liability upon the Trustor for payment of the indebtedness evidenced thereby and in the event of a default, the Beneficiary, as holder of the Note, shall look solely to the property subject to this Deed of Trust and to the rents, issuesand profits thereof in satisfaction of the indebtedness evidenced by the Note and will not seek or obtain any deficiency or personal judgment against the Trustor except such judgment or decree as may be necessary to foreclose or bar its interest inthe property subject to this Deed of Trust and all other property mortgaged, pledged, conveyed or assigned to secure payment of the Note; provided, that nothing in this condition and no action so taken shall operate to impair any obligation of theTrustor under the Regulatory Agreement herein referred to and made a part hereof. 

 

32. Notwithstanding any other provision contained herein or in the Note, hereinafter referred to, it is agreed that the execution of the Note shall impose no personal liability upon the Trustor for payment of theindebtedness evidenced thereby and in the event of a default, the Beneficiary, as holder of the Note, shall look solely to the property subject to this Deed of Trust and to the rents, issues and profits thereof in satisfaction of the indebtednessevidenced by the Note and will not seek or obtain any deficiency or personal judgment against the Trustor except such judgment or decree as may be necessary to foreclose or bar its interest in the property subject to this Deed of Trust and all otherproperty mortgaged, pledged, conveyed or assigned to secure payment of the Note; provided, that nothing in this condition and no action so taken shall operate to impair any obligation of the Trustor under the Regulatory Agreement herein referred toand made a part hereof. 

 

**IN WITNESS WHEREOF** the Trustorhas caused its name to be hereunto subscribed by its duly authorized General Partner as of the day and year herein first above written. 

 

**ARV LAS POSAS, L.P.**

a California limited partnership

By:
 
AMERICAN RETIREMENT VILLAS

PROPERTIES III, L.P.

a California limited partnership

General Partner
  
By:
 
ARV ASSISTED LIVING, INC.

a Delaware corporation

General Partner

 

 

 

 

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By:
 
 
      
Douglas Armstrong

Senior Vice President

 

Attachment:

 

Exhibit“A” – Legal Description 

 

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**LEGAL DESCRIPTION**

**EXHIBIT “A”**

 

THAT PORTION OFLOT 2, SECTION 27, TOWNSHIP 2 NORTH, RANGE 21 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CAMARILLO, COUNTY OF VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED JULY 10, 1873 IN THE DISTRICT LAND OFFICE, DESCRIBED ASFOLLOWS: 

 

BEGINNING AT A POINT IN THE EASTERLY LINE OF LAS POSAS ROAD, 60 FEETWIDE, DISTANT ALONG SAID EASTERLY LINE NORTH 0° 13’ 35” WEST 666.12 FEET FROM THE NORTHWESTERLY CORNER OF LAS POSAS PARK, ACCORDING TO THE MAP RECORDED IN BOOK 24 PAGE 10 OF MAPS, AT THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED INTHE DEED TO PLEASANT VALLEY SCHOOL DISTRICT RECORDED AUGUST 29, 1958 IN BOOK 1649 PAGE 522, OFFICIAL RECORDS, THENCE, CONTINUING ALONG SAID EASTERLY LINE, 

 

1ST: NORTH 0° 13’ 35”WEST 364.30 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO VILLAGE WATER COMPANY, RECORDED DECEMBER 18, 1961 IN BOOK 2085 PAGE 172, OFFICIAL RECORDS, THENCE ALONG THE BOUNDARY OF SAID LAST MENTIONED LAND BY THE FOLLOWING TWOCOURSES, 

 

2ND: NORTH 89° 46’ 25” EAST 50 FEET TO THE SOUTHEASTERLY CORNER THEREOF THENCE, 

 

3RD:NORTH 0° 13’ 35” WEST 64.25 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE, ALONG SAID NORTHERLY LINE, 

 

4TH: NORTH 73° 52’ EAST532.39 FEET, MORE OR LESS TO A POINT ON THE NORTH LINE OF SAID LOT 2, WHICH IS NORTH 73° 52’ EAST 584.38 FEET MEASURED ALONG SAID NORTH LINE FROM THE EAST LINE OF LAS POSAS ROAD, ALSO BEING THE NORTHWEST CORNER OF SAID LAND DESCRIBED INDEED TO UNITED STATES OF AMERICA, RECORDED APRIL 30, 1958 IN BOOK 1612 PAGE 22 OF OFFICIAL RECORDS, THENCE, ALONG THE WESTERLY LINE OF LAND DESCRIBED IN SAID DEED, 

 

5TH:SOUTH 0° 13’ 35” EAST 271.12 FEET, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF SAID LAND OF PLEASANT VALLEY SCHOOL DISTRICT, THENCE, 

 

6TH: SOUTH 89° 46’ 25”WEST 241.50 FEET TO AN ANGLE POINT; THENCE, 

 

7TH: SOUTH 46° 20’ 57” WEST 441.26 FEET TO THE POINT OF BEGINNING. 

 

EXCEPT ALL THE OIL, GAS, INERALS AND OTHER HYDROCARBON SUBSTANCES IN, ON, OR UNDER SAID LANDBUT WITHOUT THE RIGHT, HOWEVER, OF SURFACE ENTRY AND WITHOUT THE RIGHT OF ENTRY IN AND TO THE SUBSURFACE THEREOF AT A DEPTH OF LESS THAN 500 FEET BENEATH THE SURFACE. 

**CALIFORNIA**

 

 

**Deed of Trust**

 

 

Between 

 

**ARV LAS POSAS, L.P.**

 

Trustor 

 

and 

 

**FIRST AMERICAN TITLE INSURANCE**

**COMPANY**

 

Trustee, 

 

and 

 

**RED MORTGAGE CAPITAL, INC.**

 

Beneficiary. 

 

 

Dated:            as of April 1, 2003

 

Recorded:      April     , 2003 

 

at             minutes past 

 

inLiber             at page 

 

records of Ventura County, California 

 

**RECORDER’S INSTRUCTIONS**

 

Index this document as 

a Deed of Trust and as 

an Assignment of Rents. 

 

Escrow No. 

Order No. 

 

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