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Nabeel M. Zuberi, SBN 294600
1 MCCALLA RAYMER LEIBERT PIERCE LLP
301 E. Ocean Blvd, Suite 1720
2 Long Beach, CA 90802
Telephone/Fax: (562) 983-5378
3 Nabeel.Zuberi@McCalla.com
MRLP File No. 23-06956CA
4
Attorney for Plaintiff,
5 FirstKey Master Funding 2021-A Collateral Trust, U.S. Bank Trust National Association as Collateral
Trust Trustee
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF NAPA
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9 FIRSTKEY MASTER FUNDING 2021-A Case No.:
COLLATERAL TRUST, U.S. BANK TRUST
10 NATIONAL ASSOCIATION AS NOTICE OF PENDENCY OF ACTION
COLLATERAL TRUST TRUSTEE, (LIS PENDENS)
11
12 Plaintiff,
13
v.
14
RAMONITO F. VILLANUEVA; MARIA B.
15 VILLANUEVA; and DOES 1 through 20,
16 inclusive,
17 Defendants.
18
19 NOTICE IS HEREBY GIVEN that plaintiff FirstKey Master Funding 2021-A Collateral Trust,
20 U.S. Bank Trust National Association as Collateral Trust Trustee ("FMF" or “Plaintiff”) has
21 commenced the above-captioned action against defendants, RAMONITO F. VILLANUEVA; MARIA
22 B. VILLANUEVA; and DOES 1 through 20, inclusive. Plaintiff seeks relief in this action affecting title
23 to the real property commonly known as 54 OAK STONE WAY, AMERICAN CANYON, CA 94503
24 (APN: 059-324-011-000), with the following legal description:
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PARCEL NO. 1
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27 LOT 204, AS SHOWN ON THE MAP ENTITLED "AMENDED MAP SCALLY RANCH UNIT 1",
FILED APRIL 8, 2004, IN BOOK 24 OF MAPS, PAGE(S) 36-57, IN THE OFFICE OF THE COUNTY
28 RECORDER OF NAPA COUNTY AND AS CORRECTED BY CERTIFICATE OF CORRECTION
1
NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
RECORDED JANUARY 23, 2007 AS SERIES NUMBER 2007-0002298 OF OFFICIAL RECORDS OF
1 NAPA COUNTY.
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EXCEPTING THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN INTEREST
3 AND ASSIGNEES, TO THE EXTENT NOT ALREADY EXCEPTED BY INSTRUMENTS OR
RECORD:
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A. ALL OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO ALL OTHER
5 HYDROCARBONS BY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT AND TO
6 ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE
RESOURCES"); AND
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B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND TO
8 PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE
LOT, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM
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LANDS OTHER THAN THE LOT, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR
10 ACROSS THE SUBSURFACE OF THE LOT, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE
11 EXTERIOR LIMITS OF THE LOT, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,
DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL,
12 MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE
RESOURCES THROUGH OR IN THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF
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THE SUBSURFACE OF THE LOT.
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RESERVING THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN INTEREST
15 AND ASSIGNEES, EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT,
SUPPORT, MAINTENANCE, DRAINAGE, REPAIR, AND FOR OTHER PURPOSES, ALL AS MAY
16 BE SHOWN ON THE MAP, AND AS DESCRIBED IN THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR VINTAGE
17
RANCH (THE "DECLARATION"), RECORDED ON JULY 9, 2004, AS INSTRUMENT NO. 2004-
18 0028975, IN OFFICIAL RECORDS OF NAPA COUNTY, CALIFORNIA ("OFFICIAL RECORDS").
19 FURTHER RESERVING THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN
INTEREST AND ASSIGNEES, THE RIGHT TO ENTER THE LOT (I) TO COMPLY WITH
20 REQUIREMENTS FOR THE RECORDATION OF SUBDIVISION MAPS OR LOT LINE
21 ADJUSTMENTS IN THE PROPERTIES AS DEFINED IN THE DECLARATION, (II) FOR REPAIR
OF IMPROVEMENTS IN ACCORDANCE WITH THE PROVISIONS OF THE "RIGHT TO REPAIR
22 LAW" AT CALIFORNIA CIVIL CODE SECTIONS 895 THROUGH 945.5, (III) TO ACCOMMODATE
GRADING OR CONSTRUCTION ACTIVITIES, AND (IV) TO COMPLY WITH REQUIREMENTS
23 OF APPLICABLE GOVERNMENTAL AGENCIES. GRANTOR SHALL PROVIDE REASONABLE
NOTICE TO GRANTEE BEFORE SUCH ENTRY. THE TERM OF THIS RESERVATION OF RIGHT
24
OF ENTRY SHALL AUTOMATICALLY EXPIRE TWELVE (12) YEARS FROM THE LAST CLOSE
25 OF ESCROW FOR THE SALE OF A LOT IN THE PROPERTIES (AS THOSE TERMS ARE
DEFINED IN THE DECLARATION).
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PARCEL TWO:
27 NONEXCLUSIVE EASEMENTS FOR ACCESS, DRAINAGE, ENCROACHMENT, MAINTENANCE,
REPAIR, RECONSTRUCTION AND OTHER PURPOSES, ALL AS DESCRIBED AND RESERVED IN
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THE DECLARATION AND AS MAY BE SHOWN ON THE MAP.
2
NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
1 Plaintiff asserts the following causes of action: (1) REFORMATION OF DEED OF TRUST; and
2 (2) DECLARATORY RELIEF.
3
4 Dated: 4/10/2024 MCCALLA RAYMER LEIBERT PIERCE, LLP
5
6 By: ___________________________________
NABEEL M. ZUBERI,
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Attorneys for Plaintiff,
8 FIRSTKEY MASTER FUNDING 2021-A
COLLATERAL TRUST, U.S. BANK TRUST
9 NATIONAL ASSOCIATION AS COLLATERAL
10 TRUST TRUSTEE
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NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
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Nabeel M. Zuberi, SBN 294600 1 MCCALLA RAYMER LEIBERT PIERCE LLP 301 E. Ocean Blvd, Suite 1720 2 Long Beach, CA 90802 Telephone/Fax: (562) 983-5378 3 Nabeel.Zuberi@McCalla.com MRLP File No. 23-06956CA 4 Attorney for Plaintiff, 5 FirstKey Master Funding 2021-A Collateral Trust, U.S. Bank Trust National Association as Collateral Trust Trustee 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF NAPA 8 9 FIRSTKEY MASTER FUNDING 2021-A Case No.: COLLATERAL TRUST, U.S. BANK TRUST 10 NATIONAL ASSOCIATION AS NOTICE OF PENDENCY OF ACTION COLLATERAL TRUST TRUSTEE, (LIS PENDENS) 11 12 Plaintiff, 13 v. 14 RAMONITO F. VILLANUEVA; MARIA B. 15 VILLANUEVA; and DOES 1 through 20, 16 inclusive, 17 Defendants. 18 19 NOTICE IS HEREBY GIVEN that plaintiff FirstKey Master Funding 2021-A Collateral Trust, 20 U.S. Bank Trust National Association as Collateral Trust Trustee ("FMF" or “Plaintiff”) has 21 commenced the above-captioned action against defendants, RAMONITO F. VILLANUEVA; MARIA 22 B. VILLANUEVA; and DOES 1 through 20, inclusive. Plaintiff seeks relief in this action affecting title 23 to the real property commonly known as 54 OAK STONE WAY, AMERICAN CANYON, CA 94503 24 (APN: 059-324-011-000), with the following legal description: 25 PARCEL NO. 1 26 27 LOT 204, AS SHOWN ON THE MAP ENTITLED "AMENDED MAP SCALLY RANCH UNIT 1", FILED APRIL 8, 2004, IN BOOK 24 OF MAPS, PAGE(S) 36-57, IN THE OFFICE OF THE COUNTY 28 RECORDER OF NAPA COUNTY AND AS CORRECTED BY CERTIFICATE OF CORRECTION 1 NOTICE OF PENDENCY OF ACTION (LIS PENDENS) RECORDED JANUARY 23, 2007 AS SERIES NUMBER 2007-0002298 OF OFFICIAL RECORDS OF 1 NAPA COUNTY. 2 EXCEPTING THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN INTEREST 3 AND ASSIGNEES, TO THE EXTENT NOT ALREADY EXCEPTED BY INSTRUMENTS OR RECORD: 4 A. ALL OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO ALL OTHER 5 HYDROCARBONS BY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT AND TO 6 ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES"); AND 7 B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND TO 8 PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE LOT, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM 9 LANDS OTHER THAN THE LOT, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR 10 ACROSS THE SUBSURFACE OF THE LOT, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE 11 EXTERIOR LIMITS OF THE LOT, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, 12 MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF 13 THE SUBSURFACE OF THE LOT. 14 RESERVING THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN INTEREST 15 AND ASSIGNEES, EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, SUPPORT, MAINTENANCE, DRAINAGE, REPAIR, AND FOR OTHER PURPOSES, ALL AS MAY 16 BE SHOWN ON THE MAP, AND AS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR VINTAGE 17 RANCH (THE "DECLARATION"), RECORDED ON JULY 9, 2004, AS INSTRUMENT NO. 2004- 18 0028975, IN OFFICIAL RECORDS OF NAPA COUNTY, CALIFORNIA ("OFFICIAL RECORDS"). 19 FURTHER RESERVING THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN INTEREST AND ASSIGNEES, THE RIGHT TO ENTER THE LOT (I) TO COMPLY WITH 20 REQUIREMENTS FOR THE RECORDATION OF SUBDIVISION MAPS OR LOT LINE 21 ADJUSTMENTS IN THE PROPERTIES AS DEFINED IN THE DECLARATION, (II) FOR REPAIR OF IMPROVEMENTS IN ACCORDANCE WITH THE PROVISIONS OF THE "RIGHT TO REPAIR 22 LAW" AT CALIFORNIA CIVIL CODE SECTIONS 895 THROUGH 945.5, (III) TO ACCOMMODATE GRADING OR CONSTRUCTION ACTIVITIES, AND (IV) TO COMPLY WITH REQUIREMENTS 23 OF APPLICABLE GOVERNMENTAL AGENCIES. GRANTOR SHALL PROVIDE REASONABLE NOTICE TO GRANTEE BEFORE SUCH ENTRY. THE TERM OF THIS RESERVATION OF RIGHT 24 OF ENTRY SHALL AUTOMATICALLY EXPIRE TWELVE (12) YEARS FROM THE LAST CLOSE 25 OF ESCROW FOR THE SALE OF A LOT IN THE PROPERTIES (AS THOSE TERMS ARE DEFINED IN THE DECLARATION). 26 PARCEL TWO: 27 NONEXCLUSIVE EASEMENTS FOR ACCESS, DRAINAGE, ENCROACHMENT, MAINTENANCE, REPAIR, RECONSTRUCTION AND OTHER PURPOSES, ALL AS DESCRIBED AND RESERVED IN 28 THE DECLARATION AND AS MAY BE SHOWN ON THE MAP. 2 NOTICE OF PENDENCY OF ACTION (LIS PENDENS) 1 Plaintiff asserts the following causes of action: (1) REFORMATION OF DEED OF TRUST; and 2 (2) DECLARATORY RELIEF. 3 4 Dated: 4/10/2024 MCCALLA RAYMER LEIBERT PIERCE, LLP 5 6 By: ___________________________________ NABEEL M. ZUBERI, 7 Attorneys for Plaintiff, 8 FIRSTKEY MASTER FUNDING 2021-A COLLATERAL TRUST, U.S. BANK TRUST 9 NATIONAL ASSOCIATION AS COLLATERAL 10 TRUST TRUSTEE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF PENDENCY OF ACTION (LIS PENDENS)