Legal Document: 15003031

On April 12, 2024 a 2024.04.10 Verified Complaint was filed involving a dispute between and in the District Court of Santa Cruz County.

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1 [Our File No. 00617]
ANNA DiBENEDETTO (SBN 220833)
2 EMILY TREXEL (SBN 254910)
DIBENEDETTO LAW GROUP, PC
3
1101 Pacific Avenue, Suite 200
4 Santa Cruz, California 95060
Tel.: (831) 253-0499
5 Fax: (831) 253-0502
Email: anna@dibenedetto.law
6 Email: emily@dibenedetto.law

7
Attorneys for Plaintiffs MARVIN TSEU and
8 MARY S. MOCAS

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 COUNTY OF SANTA CRUZ

12 MARVIN TSEU and MARY S. MOCAS, Case No. ____________________
Trustees of the TSEU MOCAS LIVING
13 TRUST UNDER AGREEMENT Dated VERIFIED COMPLAINT:
July 27, 2000, (1) TO QUIET TITLE TO EASEMENT;
14
(2) TO ENJOIN PRIVATE NUISANCE;
Plaintiffs, (3) FOR DECLARATORY RELIEF,
15 vs.
DAMAGES, AND AN INJUNCTION
16
JEANELL MARTIN, individually and as JURY TRIAL DEMANDED
17 Trustee of the JEANELL MARTIN LIVING
TRUST Established August 31, 2000; ALL [UNLIMITED JURISDICTION]
18 PERSONS UNKNOWN CLAIMING ANY
LEGAL OR EQUITABLE RIGHT, TITLE,
19
ESTATE, LIEN OR INTEREST IN THE
20 PROPERTY DESCRIBED IN THE
COMPLAINT ADVERSE TO PLAINTIFF’S
21 INTEREST OR ANY CLOUD ON
PLAINTIFF’S INTEREST THERETO;
22 DOES 1-25,

23 Defendants.
24

25 COME NOW Plaintiffs MARVIN TSEU and MARY S. MOCAS and allege as follows:
26

27 ///

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 1 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 GENERAL ALLEGATIONS

2 1. Plaintiffs MARVIN TSEU and MARY S. MOCAS, Trustees of the TSEU MOCAS

3 LIVING TRUST UNDER AGREEMENT DATED JULY 27, 2000 (“Plaintiffs”) are the owners

4 of the real property located at 735 Seacliff Drive, Aptos, California, as more particularly described

5 in the documents attached hereto as Exhibit “A (“Tseu/Mocas Property”).

6 2. Plaintiffs are informed and believe, and thereon allege, that Defendant JEANELL

7 MARTIN, Trustee of the JEANELL MARTIN LIVING TRUST ESTABLISHED AUGUST 31,

8 2000 (“Defendant Martin”), is the owner of the real property located at 733 Seacliff Drive, Aptos,

9 California, as more particularly described in the document attached hereto as Exhibit “B”
10 (“Martin Property”).

11 3. The Defendants named herein as “ALL PERSONS UNKNOWN CLAIMING
12 ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE

13 PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S INTEREST

14 OR ANY CLOUD ON PLAINTIFF’S INTEREST THERETO” [“Unknown Defendants”] are

15 unknown to Plaintiffs. These Unknown Defendants, and each of them, claim some right, title,

16 estate, lien, or interest in the Tseu/Mocas Property that is adverse to Plaintiffs’ interest in same,

17 and their claims, and each of them, constitute a cloud on Plaintiffs’ interest in the Tseu/Mocas

18 Property.

19 4. Plaintiffs do not know the true names of Defendants sued herein as DOES 1-25,
20 inclusive, and therefore sue them by those fictitious names. Plaintiffs are informed and believe, and

21 thereon allege, that each of the DOE Defendants claim, or may claim, some interest in the

22 Tseu/Mocas that is adverse to Plaintiffs’ interests. The names, capacities and relationships of DOES

23 1-25 will be alleged by amendment to this complaint when they are known.

24 5. Plaintiffs are informed and believe, and thereon allege, that the Defendants, and
25 each of them, at all times herein mentioned, acted as the agents, partners, joint venturers,

26 employees and legal representatives of the other Defendants, and each of them, and that all

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 2 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 defendants acted in concert, and with the knowledge, permission, consent, notification,

2 authorization and adoption of the other Defendants, and each of them.

3 6. The Martin Property and Tseu/Mocas Property share a common boundary line.

4 7. This lawsuit stems from Defendant Martin’s claim of right and misuse of any legal

5 rights created by a 6’ wide easement for “planting, landscaping and fencing” located on the

6 Tseu/Mocas Property adjacent to the shared boundary line and appurtenant to the Martin Property

7 (“Landscape Easement”). Plaintiffs are informed and believe, and thereon allege, that this

8 Landscape Easement was described in a 1986 Deed recorded in the Santa Cruz County Official

9 Records in Book 3980 at page 197, a true and correct copy of which is attached hereto as
10 Exhibit “C” (“Landscape Easement Deed”) and its location is depicted on the survey map

11 attached hereto as Exhibit “D”.

12 8. Despite the area of the Landscape Easement being blocked for over ten years by
13 the parties’ shared fence, encroached on by a portion of Plaintiffs’ deck, and despite the limited

14 scope of Defendant Martin’s rights, if any, created by the Landscape Easement Deed, Defendant

15 Martin uses the Landscape Easement as justification for ongoing trespasses onto the Tseu/Mocas

16 Property and interference with Plaintiffs’ property rights, as follows:

17 a. Removing foliage and trees located on the Tseu/Mocas Property without Plaintiffs’
18 consent to protect Defendant Martin’s ocean view;

19 b. Moving the shared fence closer to Plaintiffs’ home after Plaintiffs spent $15,000
20 replacing the existing fence;

21 c. Depositing trash, trash cans, furniture, ladders, surfboards, a voodoo doll, and other
22 personal property on the Tseu/Mocas Property;

23 d. Trespassing onto the Tseu/Mocas Property to take photographs, alter, paint or
24 place items on Plaintiffs’ property, and;

25 e. Refusing to allow Plaintiffs access to the Landscape Easement area of the
26 Tseu/Mocas Property for maintenance or repairs.

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 3 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 9. Defendant Martin has ignored all requests to cease such conduct and instead

2 verbally harasses Plaintiffs and their guests while on the Tseu/Mocas Property.

3 WHEREFORE, Plaintiffs pray for relief as hereinafter set forth.

4
FIRST CAUSE OF ACTION
5 (Quiet Title as to all Defendants – For Termination of Easement
Based on Prescription Or Misuse)
6

7 10. Plaintiffs incorporate herein by reference each and every allegation contained in all

8 prior paragraphs, inclusive, as though fully set forth herein.

9 11. From at least 2009 through 2019, the Landscape Easement area of the Tseu/Mocas

10 Property was divided by a fence and used by Plaintiffs for their own landscaping, and for

11 construction of part of a deck, which use was continuous and uninterrupted and interfered with

12 Defendants, and each of their, use of the 6’ of the Landscape Easement for the use described in the

13 Landscape Easement Deed. Plaintiffs’ use of the Landscape Easement area was open and easily

14 observable, or was under circumstances that would give reasonable notice to Defendants, and each

15 of them, and Plaintiffs did not ever seek or obtain permission to use this area of the Tseu/Mocas

16 Property for Plaintiffs’ exclusive use.

17 12. Since moving the boundary fence closer to the Tseu/Mocas boundary line for the

18 Landscape Easement, Defendants, and each of them, have misused this easement for planting,

19 landscaping and fencing as described herein. Defendants’ use is incompatible with the express

20 language of the Landscape Easement Deed and has resulted in a physical change in the existing

21 conditions of the Landscape Easement area that has imposed a severe burden on the servient

22 tenement.

23 13. Based on the foregoing, Plaintiffs seek a judgment terminating the Landscape

24 Easement based on prescription or misuse.

25 14. If the Landscape Easement is not terminated, Plaintiffs seek a judgment explicitly

26 defining the parties’ respective rights and responsibilities for the Landscape Easement, including,

27 but not limited to, Plaintiffs’ rights to access this area of their property without interference.

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 4 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 WHEREFORE, Plaintiffs pray for relief as hereinafter set forth.

2 SECOND CAUSE OF ACTION
(As to all Defendants – To Enjoin a Private Nuisance)
3

4 15. Plaintiffs incorporate herein by reference each and every allegation contained in all

5 prior paragraphs, inclusive, as though fully set forth herein.

6 16. Plaintiffs are the fee title owners of the Tseu/Mocas Property, including the entire

7 area in which the Landscape Easement is located.

8 17. Without the consent of Plaintiffs, Defendants, and each of them, have misused the

9 Landscape Easement, as described herein, and in such a manner as to obstruct Plaintiffs’ free use of
10 their property so as to interfere with their right to comfortable enjoyment of life and property.

11 18. As an actual and proximate result of Defendants’, and each of their, ongoing and

12 continuing misuse of the Landscape Easement and interference with Plaintiffs’ use of the

13 Tseu/Mocas Property, Plaintiffs are excluded from the possession and quiet enjoyment of their life

14 and property.

15 19. Defendants, and each of them, will continue to interfere with, and obstruct, Plaintiffs’

16 property rights unless enjoined by this court.

17 WHEREFORE, Plaintiffs pray for relief as hereinafter set forth.

18 THIRD CAUSE OF ACTION
(Declaratory Relief- As to All Defendants)
19

20 20. Plaintiffs incorporate herein by reference each and every allegation contained in all

21 prior paragraphs, inclusive, as though fully set forth herein.

22 21. An actual controversy has arisen and now exists between Plaintiffs and Defendants,

23 and each of them, concerning the parties’ respective rights and interests in the Landscape Easement.

24 22. Specifically, Defendants, and each of them, contend that they may use the Landscape

25 Easement for more than planting, landscaping or fencing. Plaintiffs allege that the Landscape

26 Easement is terminated by prescription or misuse and if not terminated, that use of the Landscape

27 Easement is for planting, landscaping and fencing only and does not give Defendants the right to

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 5 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 remove foliage and trees located on the Tseu/Mocas Property, to relocate the shared fence without

2 Plaintiffs’ consent, to deposit trash, trash cans, furniture, ladders, surfboards, a voodoo doll, and

3 other personal property on the Tseu/Mocas Property, to trespass onto the Tseu/Mocas Property at

4 any time to take photographs, alter, paint or place items on Plaintiffs’ property, or to deny Plaintiffs

5 access to this area of their property.

6 23. Plaintiffs are informed and believe, and thereon allege, that Defendants contend that

7 they may use the Landscape Easement for more than planting, landscaping and fencing and that they

8 may deny Plaintiffs access to this area of their property.

9 24. Plaintiffs are informed and believe, and thereon allege, that Defendants contend they
10 have the right to use a portion of Plaintiffs’ deck because it encroaches within the boundaries of the

11 Landscape Easement and/or that they may demand that any encroaching section be removed.

12 25. Plaintiffs seek a judicial declaration that the Landscape Easement is terminated by
13 prescription or misuse or, if not terminated, defining each parties’ rights and interests regarding the

14 Landscape Easement and the Tseu/Mocas Property.

15 26. Plaintiffs further seek a judicial declaration decreeing that Defendants have no valid
16 claim for the removal of any portion of Plaintiffs’ deck that encroaches within the boundaries of the

17 Landscape Easement and may not trespass upon or use Plaintiffs’ deck based on any alleged

18 encroachment.

19 27. A judicial determination is proper, necessary and appropriate at this time under the
20 circumstances alleged herein.

22 ///

23 ///

24 ///

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 6 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiffs pray for relief as follows:

3 1. A judgment quieting title to the Landscape Easement as terminated either by

4 prescription or misuse;

5 2. If the Landscape Easement is not terminated by prescription or misuse, a judgment

6 and decree declaring that Defendants, and each of their use, is limited to planting, landscaping and

7 fencing, and defining what that means, including vis-à-vis Plaintiffs’ deck and all other areas of the

8 Tseu/Mocas Property, and further declaring that Plaintiffs may have access to this area of their

9 property;
10 3. If the Landscape Easement is not terminated by prescription or misuse, a judgment
11 and decree declaring that any encroachment within the boundaries of the Landscape Easement by

12 any portion of Plaintiffs’ deck represents a permanent encroachment of which Defendants, and each

13 of them, have been aware for more than three years, or the applicable statute of limitations deadline,

14 thus barring any claims for damages or other relief based on same;

15 4. For compensatory/special damages according to proof, for the diminution in value
16 of the Tseu/Mocas Property based on Defendants misuse’ of the Landscape Easement, ongoing

17 trespasses onto the Tseu/Mocas Property and access restrictions imposed on Plaintiffs;

18 5. For general damages according to proof for Plaintiffs’ loss of the use and enjoyment
19 of the Tseu/Mocas Property as a result of Defendants, and each of their, misuse of the Landscape

20 Easement, ongoing trespasses onto the Tseu/Mocas Property and access restrictions imposed on

21 Plaintiffs;

22 6. For an order and judgment that Defendants, and each of them, must remove at their
23 expense all trash and other personal property stored within the boundaries of the Landscape

24 Easement and on the Tseu/Mocas Property and that Defendants are restrained and enjoined from

25 any further misuse of the Landscape Easement, trespasses onto the Tseu/Mocas Property, or

26 interference with Plaintiffs’ rights to access this area of their property;

27 7. For an order and judgment that Defendants, and each of them, are barred from
28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 7 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 making any further claims to the Landscape Easement and/or Tseu/Mocas Property that are adverse

2 to Plaintiffs’ rights to use same, by legal action or otherwise, on the basis of any fact or facts which

3 were proved, or which might have been proved, in this action;

4 8. For Plaintiffs’ costs incurred herein; and

5 9. For such other and further relief as the court may deem just and proper.

7 Dated: April 9, 2024 DIBENEDETTO LAW GROUP, PC

9
By: ___________________________________
10 ANNA DIBENEDETTO
Attorneys for Plaintiffs MARVIN TSEU and
11 MARY S. MOCAS
12

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 8 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 VERIFICATION

2 I, MARVIN TSEU am a plaintiff in this action. I have read the foregoing VERIFIED

3 COMPLAINT: (1) TO QUIET TITLE TO EASEMENT; (2) TO ENJOIN PRIVATE

4 NUISANCE; (3) FOR DECLARATORY RELIEF, DAMAGES, AND AN INJUNCTION

5 and know the contents thereof. The same is true of our own knowledge, except as to those matters

6 which are stated on information and belief, and, as to those matters, I believe them to be true.

7 I certify and declare under penalty of perjury under the laws of the State of California that

8 the foregoing is true and correct.

9 Executed on __________________,
4/12/2024 at Santa Cruz, California.
10

12 MARVIN TSEU
13

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 9 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

1 VERIFICATION

2 I, MARY S. MOCAS am a plaintiff in this action. I have read the foregoing VERIFIED

3 COMPLAINT: (1) TO QUIET TITLE TO EASEMENT; (2) TO ENJOIN PRIVATE

4 NUISANCE; (3) FOR DECLARATORY RELIEF, DAMAGES, AND AN INJUNCTION

5 and know the contents thereof. The same is true of our own knowledge, except as to those matters

6 which are stated on information and belief, and, as to those matters, I believe them to be true.

7 I certify and declare under penalty of perjury under the laws of the State of California that

8 the foregoing is true and correct.

9 Executed on __________________,
4/12/2024 at Santa Cruz, California.
10

12 MARY S. MOCAS
13

28
Tseu, et al. v. Martin, et al.
VERIFIED COMPLAINT
Page 10 of 10
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

EXHIBIT A
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

Customer Name : Anna DiBenedetto
Customer Company Name : Old Republic Title
Prepared On : 04/02/2024

EXHIBIT B
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

PARCEL ONE:

BEING ALL THE PARCEL OF LAND SHOWN ON THE RECORD OF SURVEY, COUNTY OF SANTA
CRUZ, STATE OF CALIFORNIA, PER THE MAP FILED JUNE 18, 1980 IN BOOK 69, PAGE 17 OF
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING ANY PORTION OF THE ABOVE DESCRIBED PROPERTY ALONG THE SHORE
BELOW THE LINE OF NATURAL ORDINARY HIGH TIDE AND ALSO EXCEPTING ANY
ARTIFICIAL ACCRmONS TO SAID LAND WATERWARD OF SAID LINE OF NATURAL
ORDINARY HIGH TIDE.

PARCEL TWO:

AN EXCLUSIVE EASEMENT, FOR PLANTING, LANDSCAPING AND FENCING, 6 FEET IN WIDTH,
LYING NORTHWESTERLY OF AND ADJACENT TO THE FOLLOWING DESCRIBED LINE:

COMMENCING AT AN IRON PIPE ON THE SOUTHERLY SIDE OF SEACLIFF DRIVE STANDING
AT THE NORTHWEST CORNER OF LOT 30, IN BLOCK 1, AS SAID LOT AND BLOCK ARE SHOWN
AND DESIGNATED ON THE MAP ENTITLED, "SUBDIVISION NO. 4, OF SEACLIFF PARK",
WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SANTA
CRUZ COUNTY JUNE 18, 1925 IN MAP BOOK 18, AT PAGE 63, RUNNING THENCE SOUTH 18°
39' WEST, 105.76 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF PARCEL II, AS
DESCRIBED IN THAT CERTAIN DEED RECORDED MAY 21, 1986 IN BOOK 3980, AT PAGE 197.

SAID EASEMENT SHALL BE FOR THE USE AND BENEFIT OF THAT CERTAIN REAL PROPERTY
DESCRIBED IN DEEDS TO RICHARD A. LEWIS, ET UX, RECORDED APRIL 10, 1986 IN BOOK
3963, AT PAGE 377, SANTA CRUZ COUNTY RECORDS.
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

EXHIBIT C
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

2006-00381 99
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Santa OUz, CA 95062 • - 2Haa-e&1Plplof2 '
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_ _ _ _ _ _ _ _ _ _ _ ___.__ _ ____,1pNDMallllfl111Uaa.-r1111a1 ~ - - . _ . _ __

A.P.N.:038--151-12 Fie No.: +m-1891970 (1l4)
GRANT DEED
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narm ONE:
IIEllll&AU. 1IE PARC& OF UNDSHGWN ONTlll!IECOIIDOFSURVlY, UlffA
~ SFA1E OF CALIFOll:NIA, PER 1111·MAP FILEDJUIII! 18, U8D IN BOOK&, PAGE 17 OF
JUIISJIITIII: OFFICE OF111RCOUNIY RECDRDl!ROF SAIDCXIUN'r\'.

EJWLIIIWMff POIUJDN QFTHEMCM! DESQtJIEIP NOM!ltrt AIDNGTHESHORE
_...,TIIEUNE GFM1URAI.OftDINRYIIIGll1JDEANDA1S& IXCl!f'l.,.AlfY
ARIIFD:IALMX:RE'l'IONSTOSAID LAl8) WA1ERWARD Of SAID UNI OF NA1URAL
ORDIIWlYIIIGIITIDE.
PARCEL'IWO:
0 AN EXCI USlllE l!ASEMElff, FOR PLAN'dNG, I.ANDSCAPJ1IG AND FaaN8, e fa'l'JN W1D111,
/ LYING·NORIHWl!Sl'IIILYOP AD AIUACEN1'10111E FOLLOWDI& Dl!5C.1tl8ED UNI: .
.
CXBIMENCIN8AT M PION PIPEON'IIIE SOUIIIERLY SIDE OF SDaJR= DRIVISFANDINCI
AT111E nuitliiW8SI aNUIEll OP IOf 30, IN 111.0CX S, ASSA'ID LOI' AND IIOCICARE SHOWN
ANl,DESIGNA1ED ON111E NAP ENlll'IED, "SUIIDIVISIDN N0.4, OFSl'AOIFF PARK",
Wlllal MAP WAS PIU!D FOR UCDRDIN THEOFMCI! Of'IUCDUNl'Y IIICORDIROFSANTA
CRUZCOUlffY JUNl ia, UB 1H NAP IIOOKU,AT PA8E U,IUNNINfi'llll!NCl!SDUIII U•
39' WISI', 1115.76 PEEi', MORI OR 1.118, "'I0111E NOll'l1IUSI' ClORNIR OF PARCEL D, AS
DESCRDIIDIN 111ATCIRl'AIN DEED RECORDl!D NAY 2l, 1W Ill BOOK 3980, lff PMI 197.
,,._ _ _-~ SAID . . .IBff SHALL• FOR 'IHI USI! All~ WWW.I OP'llfAT CIRl'AIN REALPIIOPIIRI i
/ DIICRJBID·Df DIEDS10 RJCIIMD A. U!WJS, ETUX, RECORDED APRIL S.0.1181 IN BOOK
39G, ATPAIIE377r SANTA CIWZCOUN'IYRl!CORDS.
DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

. AN EXC.USIVE EASEMENT, FOR PLANTING, LANDSCAPING AND FENCING, 6 FEET IN WIDTH,
LYING NORlliWESTERLY OF ANO ADJACENT TO THE FOU.OWING DESCRIBED UNE:
COMMENCNG AT AN IRON PIPE ON THE SOUTHERLY SIDE OF SEAOJFF DRIVE STANDING AT
THE NORTHWEST CX>RNER OF LOT 30, IN BLOCK 1, AS SAID LOT AND BLOCK ARE SHOWN AND
DESIGNATED ON lHE MAP ENllTLED, "SUBDIVISION NO. 4, OF SEAClIFF PARK", WHIQI MAP
WAS FILED FOR RECORD IN THE OFFICE OF THE OOUNTY RECORDER OF SANTA CRUZ COUNTY
JUNE 18, 1925 IN MAP BOOK 18, AT PAGE 63,. RUNNING THENCE SOUTH 18° 39' WEST", 105.76
FEET, MORE OR LESS, TO 11iE NORTHEAST O)RNER OF PARCEL D, AS DESCRIBED IN THAT
CERTAIN DEED RECORDED MAY 21, 1986 IN BOOK 3980, AT PAGE 197.

SAID EASEMENT StW.L BE FOR THE USE AND BENEFIT OF THAT CERTAIN Rf.AL PROPERlY
DESCRIBED IN DEEDS 10 RIOfARD A. LEWIS, ET UX, RECORDED APRIL 10, 1986 IN BOOK
3963, AT PAGE 371, SANTA CRUZ COUNTY REO)RDS.
~ APN: 038-151-12, 038-151·58 and 038-151-60

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DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

EXHIBIT D
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DocuSign Envelope ID: 71B7F341-4DD7-499B-9C5E-C5A57C1209E9

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