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Rebeca Gonzalez
Attorney at Law APC
5330 Office Centre Court Suite 32
Bakersfield CA 93309
Telephone: (661) 583-2802
Rebeca@abogadalegal.net
Attorney for Plaintiffs, Gabriel Nunez Rivera
And Maria Isabel Trujillo
SUPERIOR COURT OF CALIFORNIA
KERN COUNTY - METROPOLITAN DIVISION
10
GABRIEL NUNEZ RIVERA an individual; Case No.
11 MARIA ISABEL TRUJILLO, an individual;
COMPLAINT TO QUIET TITLE,
12 DAMAGES FOR BREACH OF
PLAINTIFF, CONTRACT, AND CONSTRUCTIVE
13 TRUST
Vv.
14
ALBERTO GUITRON, an individual; and | UNLIMITED CIVIL CASE
15 DOES 1-25, inclusive
16 DEFENDANTS.
17
GENERAL ALLEGATIONS
18
The real property that is the subject of this action is located in Kern County, California is
19
commonly known as 105 Eastern Ave, Taft CA 93268; APN No: 039-283-14-00 (hereafter,
20 SUBJECT PROPERTY) and specifically described in EXHIBIT A.
21 Plaintiffs Gabriel Nunez Rivera (RIVERA) and Maria Isabel Trujillo (TRUJILLO) are
22 individuals and at all times relevant have been residents of Kern County, California.
Defendant, ALBERTO GUITRON, (DEFENDANT) is believed to be a resident of Kern
23
County, CA.
24
Plaintiff does not know the true names or capacities or basis for liability for DOES 1-25,
25
inclusive, at this time and will amend when appropriate.
26 At all times relevant, each defendant, including each DOE defendant was acting as the agent of
27 the other defendants and acting within scope of said agency.
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-1-
Complaint to Quiet Title; Specific Performance; Breach of Contract
The Court has jurisdiction over this matter because the SUBJECT PROPERTY is located in
KERN COUNTY and the amount in question exceeds the allowable minimum for this Court.
On or about November 5, 2015, PLAINTIFFS and DEFENDANT entered into an Agreement
for Sale of the SUBJECT PROPERTY. SEE EXHIBIT B. Pursuant thereto, DEFENDANT
retained legal title as a security interest only. The agreement required payments for thirteen
(13) years. PLAINTIFFS and DEFENDANT agreed and mutually understood that the
Agreement would be recorded with the County as is custom and per the language in the
Agreement.
PLAINTIFFS have occupied the SUBJECT PROPERTY as their primary residence since
2015.
PLAINTIFFS began and have been making timely payments as agreed since December 5,
10 2015. DEFENDANT agreed to record the agreement in the County of Kern but failed to do so
11 10. DEFENDANT did not disclose the existence of any encumbrances, liens, or debts secured by
12 the property at the time the agreement was made, or any time after that, as required by the
agreement.
13
11 Sometime at the beginning of April 2024, PLAINTIFFS found notice at the property that an
14
entity (CREDITOR) was claiming an interest in the property and filed a petition to sell the
15
dwelling to satisfy a debt against DEFENDANT. CREDITOR recorded an abstract of
16 judgment in County of Kern in 2022.
17 12. If the SUBJECT PROPERTY is sold and PLAINTIFFS claim is not made or known to all
18 those who may have adverse claims, PLAINTIFFS will be left without a practical remedy.
19 13 PLAINTIFFS have made multiple attempts to contact DEFENDANT regarding the debt to no
avail. PLAINTIFFS have attempted on multiple occasions to record the Agreement with the
20
County but DEFENDANT refuses to cooperate.
21
14. PLAINTIFFS are informed and believe that DEFENDANT acquired the property with
22 knowledge of the debt. Further DEFENDANT entered into the agreement with PLAINTIFFS
23 with knowledge of the debt, failed to disclose the potential encumbrance, failed to record the
24 AGREEMENT. DEFENDANT intentionally deceived PLAINTIFFS by continuing to accept
25 and demand performance by them with knowledge of the CREDITORS judgment against him.
QUIET TITLE
26
15 Plaintiffs reallege paragraphs | through 14.
27
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-2-
Complaint to Quiet Title; Specific Performance; Breach of Contract
16. Plaintiffs are bona fide purchasers and seek a determination that they obtained the property
free and clear of any adverse interest.
17. Plaintiffs hold equitable title and are seeking a judicial declaration that Plaintiffs are the legal
owners as of December 5, 2015, based on Defendant’s fraud and breach.
18. Plaintiff is informed and believes and on that basis alleges that defendants claim an interest
adverse to plaintiff's title in SUBJECT PROPERTY. Due to Defendant’s fraud and breach,
These claims are without any right and defendants have no right, title, estate, lien, or
interest in SUBJECT PROPERTY.
BREACH OF CONTRACT
19. Plaintiffs reallege paragraphs | through 14.
10
20. Plaintiffs and Defendant entered into an agreement (CONTRACT) to sell and convey the
11 SUBJECT PROPERTY to Plaintiffs.
12 21 Defendant has breached the agreement by failing to record the agreement. Defendant has also
13 repudiated this contract by implication making it impossible for the Defendant to perform the
contract.
14
22. Plaintiffs have been complying with all terms of the contract, and is still able and willing to
15
perform.
16
23 Plaintiffs have been damaged by Defendant’s conduct and breach, and will further be
17 damaged. The Contract contains a provision for the recovery of attorney fees.
18
19 CONSTRUCTIVE TRUST
20 24. Plaintiffs reallege paragraphs 1-23 above.
21 25 On or about August 25, 2015, Defendant obtained the SUBJECT PROPERTY worth an
estimated amount of $124,000.00. He retained legal title to the property and conveyed
22
equitable title to Plaintiffs by way of the AGREEMENT. Defendant’s retention of the
23
SUBJECT PROPERTY is wrongful for the reasons stated above.
24
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25
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26
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27
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-3-
Complaint to Quiet Title; Specific Performance; Breach of Contract
PRAYER FOR RELIEF: WHEREFORE, Plaintiff prays for judgment as follows:
1 For an order quieting title to the subject property as of December 5, 2015;
2. Declaration that Plaintiff is the legal and beneficial owner of the property;
to that
3 For an order that any subsequent claims or liens or encumbrances be declared junior
of Plaintiffs;
For damages equal to the present value of the Subject Property;
Declaration that Defendant hold the sum of $124,000.00 in a constructive trust for benefit
of Plaintiffs;
For cost of suit and attorney fees;
Any other relief deemed just and proper.
10
11
Dated: April 15, 2024 LAW
12 Rebeca Gonzalez, Attorney for Plaintiffs
13
14 VERIFICATION
15 I am the Plaintiffin this action. I have read the foregoing Complaint and it is true of my own
I
16 knowledge, except as to those matters stated on information or belief, and as to those matters,
that
17 believe it to be true. I declare under penalty of perjury under the laws of the State of California
18 the foregoing is true and correct.
19
20 Dated: 4/24/2024 GB
GABRIEL NUNEZ RIVERA
21
22
\ —_— .
Dated: 4/24/2024 ‘ ‘
23
24 MARIA ISABEL TRUJILLO
25
26
27
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-4-
Complaint to Quiet Title: Specific Performance; Breach of Contract
EXHIBIT "A"
Legal Description
For APNiParcel ID(s): 039-283-14-00
AREA, COUNTY OF KERN,
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
97-90, AS EVIDENCED BY THAT CERTAIN
LOT B OF BLOCK H OF CERTIFICATE OF C OMPLIANCE NO.
3 IN BOOK 6793, PAGE 1297 OF OFFICIAL
CERTIFICATE OF COMPLIANCE RECORDE DD JANUARY 22, 199:
ON RECORD OF SURVEY MAP ENTITLED
RECORDS, BEING AN ADJUSTMENT OF BL! OCK H, AS SHOWN
G PLAN", IN THE UNINCORPORATED AREA OF THE
"AMENDED LICENSED SURVEYOR'S M. IAP OF ALOT LEASIN
DECEMBER 12, 1924 IN BOOK 2, PAGE 23 OF
COUNTY OF KERN, STATE OF CALI FORNIA, RECORDED
Y RECO RDER OF SAID COUNTY.
RECORDS OF SURVEY, IN THE OFFICE OF THE COUNT
Printed: 07.02.15 @ 09:29 AM
Grant Deed CA-CT-FWKN-02180.054550-FWKN-550 1502640
$CA0000129.dee / Updated: 04.29.15
RECOBDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
EXHIBIT B
=
jue Gabriel Nunez Rivera
Maria Isabel Trujillo Juarez
‘STREET 105 Eastern Ave
Taft, CA 93268
CITY, STATE &
1p CODE
.
TITLE ORDER NO. ESCROW No.
OVE THIS LINE R RECORDER'S Us
Pee ESS TMM MESSE MUON SASS WEN Lily
AGREEMEN T FOR SALE OF REAL ESTATE Z
(INSTALL MENT LAND CONTRACT) WITH POWER OF SALE
(UNDERLYING LIENS AND TRUST DEEDS PAID BY VENDOR)
(NOTE: THIS FORM IS TO BE USED ONLY Fi OR PROPERTY IMPROVED WITH A PERMANENT STRUCTURE
INTENDED EITHER FOR HUMAN OCCUPANCY OR COMMERCIAL USE. IN THE EVENT THE SUBJECT PROPERTY
IS NOT SO IMPROVED, ATTENTION IS DIRECTED TO THE REQUIREM| ENTS OF CIVIL CODE SECTION 2985.51)
THIS AGREEMENT is made and entered into this 5 day of November , 2015 , by and between
Alberto Guitron
whose address is 113 Buena Vista Pl, Taft, CA 93268
(hereinafter referred to as "Vendor"), and Gabriel Nunez Rittera and Maria Isabel Trujillo Juarez
whose address is 105 Eastern Ave, Taft, CA 93268
(hereinafter referred to as "Vendee"), and
whose address is
(hereinafter referred to as "Trustee").
WITNESSETH: .
WHEREAS, Vendor is the owner of that certain real property and all buildings and improvements located thereon situated in
the County of Kern 1 State of. CA , commonly known as: 105 Eastern Ave, Taft, CA 9326
and legally described as:
See Legal Description attached
APN # 039-283-14-00
(hereinafter referred to as the Teal property’ T,
HEREAS, Vendor has a: greed to sell and Vendee has agreed to buy said real property on the terms and conditions hereinafter
set forth.
NOW, THEREFORE, THE PARTIES HERETO DO HEREBY AGRE! E AS FOLLOWS: Vendor shall retain legal title as a security
interest in said real property until the payment of the balance of the p urchase price has been made by Vendee to Vendor as set forth
below.
REQUEST FOR NOTICE OF DEFAULT
In accordance with California Civil Code Secti ion 2924/(b), request is hereby made by the undersigned Vendor and Vendee
that a copy of any Notice of Default and a copy of any Notice of Sale under Deed of Trust recorded
in Bool , Official Records of County, State oF
as affecting the above deterbed propel ty, executed by
as Trustor (or Mortgagor) in which
is named Beneficiary (or Mortgagee) and
as Trustee, be mailed to Vendor and Vendée at the addresses noted below.
NOTICES AND REQUESTS FOR NOTICE
Notices required or permitted under this Agreement shall be bindin ig if delivered personally to the party sought
or. inued by registered or certified mail, postage prepaid, in fhe Inited States mail to the following: to be served
: :
TRUSTEE: Vendor and Vendee hereby request that Notice of Default
and Notice of Sale hereunder be mailed to them at the above
address.
MAIL TAX
STATEMENTS TO
WOLCOTTS FORM 413 - (price class
mu |
REAL ESTATE (INSTALLMENT LAND CONTRACT)
indeiving lens and trust deeds
paid by Vendor\(with request
for conveyance)
os WOLConTS Fe
Page 1 of 8
767775 1841
SLEEPLESS SLSLUMS
SS SME SSM ERE
4 Vendor agrees to sell and Vendee agrees to buy all of said real property for the sum of One
Hundred Twenty Four
($_ 124 ,000--- ) dollars (“total purchase price") in lawful money of the United States, as hereinafter more fully set forth.
2. Vendee shall pay said purchase price of One Hundred Twenty Four Thousand
($124 ,000--- ) dollars as follows:
(a) Vendee shall pay to Vendor the sum of Fifteen Thousand
($_15,000---- ) dollars ("down Payment") as and for a down payment.
{b) Vendee (jointly and severally) promises to pay to Vendor, or order, at 113 Buena Vista Pl, Taft, CA 93266
the balance in the sum of _One Hundred Nine Thousand (¢ 109 ,000-- ) dollars
with interest from Dec 5,2015 on the unpaid principal balance at the rate of 3+ percent per
included in price & payment
annum; principal and interest payable in installments of $_700.00 or more on the 5: day of each month
beginning on the 5 day of December 2015, and continuing until the day of
, on which date the then outstanding balance thereof and all accrued interest thereon shall be due
and payable in full.
Each payment shall be credited first on interest then due and the remainder on principal; interest shall thereupon cease upon
the principal so credited; principal and interest payable in lawful money ‘of the United States.
This Agreement will require _13 years and 0 months to complete payment in accordance with its terms.
3. So long as Vendee is not in default in the payment of the above installments, Vendor agrees to make all payments and
perform all obligations under any and all liens affecting said property which are not the obligation of Vendee. Should Vendor breach
this covenant, Vendee may, without waiving any other rights or remedies, pay and perform such obligations and upon doing so shall
be entitled to a like amount as a.credit against present and future payments due or to become due to Vendor and in addition Vendee
shall be entitled to interest at the maximum legal rate on all such advances in excess of Vendee’s obligations due under this
Agreement.
4. Vendor represents the present liens affecting said property are:
ei
Original Amount. Unpaid Balance Interest Paid to Installments Impound Accounts Beneficiary
(a)
(b)
(c)
The parties hereto hereby acknowledge that they are aware of the fact that the trust deed(s), lien(s), and/or encumbrancels)
set forth in this Paragraph 4 are, or may be subject to conditions which shall permit the Lender (Obligee or Beneficiary of a Trust
Deed) upon the sale, transfer or assignment of said real property, or any interest therei by Vendor, to:
(a) Accelerate the payment of the obligation so that the entire amount of principal and interest are immediately due and payable
or,
{b) Permit the acquiring party (Vendee herein) to assume said obligation but with a modification of terms which may require
an increase in the interest rate and the payment of a loan assumption and/or transfer fee.
Vendee agrees, in the event that any such Lender accelerates the payment or requires a modification of the terms or interest,
or the payment of assumption or transfer fees and costs, at Vendee’s sole cost and expense, to take such steps which will satisty
said Lender, or should Vendee elect to refinance or pay off the trust deed(s) set forth in Paragraph 4 of the Agreement, any charges,
payoff penalties, or expenses imposed or required by said Lenders shall be assumed and paid for by Vendee. All costs of new loans,
including costs and peints, shall be paid by Vendee. Vendee hereby agrees to take possession of said real property subject to the
above conditions and further agrees to indemnify the Vendor from any actions brought against the Vendor by the holder of any such
liens or deed(s) of trust affecting the real property attempting to accelerate any such liens or deed(s) of trust, as provided in
Paragraph 8 below. Vendee hereby expressly assumes the risk of any such acceleration or attempted acceleration of any such liens
or deed(s) of trust affecting said real property by the holders thereof.
Page 2 of 8
SUMS ULE NEARS
SSSA SSS STMUESS may
5. Vendee, if not expressly prohibited by the terms of this Agreement, may prepay all or any portion of any prior encumbrances
or liens where the terms of the encumbrances or liens provide for prepayment, but upon the condition that Vendee shall also pay
any prepayment charges so incurred. In such event, any payments made by Vendee shall be credited against the balance of the
purchase price owed by Vendee to Vendor as set forth in Paragraph 1 above. Prepayment charges on any prior encumbrances or
liens, if any, paid by Vendee as provided herein shall not reduce the balance owed to Vendor. At any time (after the calendar year
in which this Agreement is executed), Vendee may prepay without penalty all or any portion of the balance due Vendor under this
Agreement.
6. Upon the recordation of this Agreement, Vendor at V@4Rd0r + expense shall provide Vendee with a policy of Title
Insurance from __a licensed Insurance Company insuring the equitable interest of Vendee,
and insuring the legal interest of Vendor as created hereunder, and further subject to easements, covenants, conditions, and
restrictions of record, those matters set forth in Paragraph 4 above, and all other matters of record affecting the title to the
property herein described on the date hereof.
Dec 10
7. Property tax estimates are based on the tax statement for the fiscal year commencing six, 2015_. In addition to all sums
provided for in this Agreement, Vendee shall also pay to Vendor, when due, all impounds required by any of the beneficiaries of prior
encumbrances affecting said property as shown in Paragraph 4 above, for taxes, assessments, insurance or any other required
impounds which Vendor shall, in turn, pay to such beneficiaries.
8 Upon recordation of this Security Land Contract, Vendor and Vendee irrevocably grant, transfer and assign their respective
rights, title and interest to the real property hereto to Trustee in trust for purposes of securing Vendor’s and Vendee’s obligations
herein, and confer upon Trustee the following powers:
{a) Power to convey to Vendee legal title upon full satisfaction of Vendee’s obligation to Vendor upon instructions from
Vendor or his successor in interest.
(b) Power to foreclose under power of sale noted below and issue a deed upon foreclosure and sale. The parties mutually
agree that the Trustee’s power to foreclose under power of sale shall be exercised in accordance with the then existing provisions
of law in effect at the time of the exercise of power of sale set forth below, which provisions are hereby incorporated herein by
reference, and the parties hereto agree to be bound thereby as though fully set forth herein. Wherever in said provisions the words
“Trustor" and “Beneficiary” are found, the words “Vendee" and "Vendor" shall be substituted respectively. The parties intend
hereby to vest the Trustee with title so as to create powers coupled with an interest, and subject to such vesting Vendor and Vendee
shall retain the rights and obligations imposed upon them by California Civil Code Section 2985 and all other applicable laws and
statutes.
9 Upon default in payment of any indebtedness secured hereby or upon default in performance of any of the terms and
provisions hereof, Vendor, subject to the notice provisions of Paragraph 13 below, may declare all sums secured hereby immediately
of
due and payable. Vendor shall deliver to Trustee a written Declaration of Default and Demand for Sale, and a written Notice
Default and election to cause said property to be sold. Trustee shall cause said Notice to be filed for record. Vendor shall also
deposit with Trustee this Land Contract and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said Notice of Default, and the Notice
of Sale having been given as then required by law, Trustee without demand on Vendee shall sell said property at the time and place
public
fixed by it in said Notice of Sale, either as a whole or in separate parcels, and in such order as it may be determined, at
the highest bidder for cash in lawful money of the United States, payable at time of sale, which sale shall be held and
auction to
conducted as may then be required by law. Trustee may postpone sale of all or any portion of said property by public
announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement
so sold,
at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property
but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof
of the truthfulness thereof. Any person, including Vendee, Trustee or Vendor, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee, including cost of evidence of title in connection with sale, Trustee shall
apply the proceeds of sale to payment of all sums expended under the terms hereof not then repaid, with accrued interest at the
amount allowed by law in effect at the date thereof; all other sums then secured hereby; and the remainder, if any, to the person
or persons legally entitled thereto.
10. Vendor or his successors in interest may from time to time by written instrument substitute a successor or successors to
any Trustee named herein or acting hereunder, which instrument executed by the Vendor and duly acknowledged and recorded in
the office of the Recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution
of such successor Trustee or Trustees who shail, without conveyance from the predecessor Trustee, succeed to all its title, estate,
rights, powers and duties. Said instrument must contain the date of execution of this Security Land Contract, the names of the
original Vendee, Trustee and Vendor hereunder, the Book and Page where this Security Land Contract is recorded, and the name
and address of the new Trustee.
The Trustee, upon ten (10) days notice to the Vendor and Vendee, may resign as such Trustee and the successor Trustee shall
be appointed in the same manner as provided above for substitution of Trustee.
Page 3 of 8
SH
=z th ce MESSI SSS Ed
11. In the event any changes, amendments -or modifications are enacted to the Civil Code or other codes of the State of
California affecting foreclosures under power of sale, trustee powers or other matters contained
in this Agreement, the provisions
hereinabove shall, upon the effective date of such new legislation, be deemed amended in conformity with
such new legislation.
Such provisions include but are not limited to, Di ion Ill, Part Four, Title XIV, Chapter 2 of the Civil Code of the State of California.
12. Vendee shall appear and defend Vendor or Trustee in an’ y action or proceeding brought against
Vendor by the holder of any
lien(s) affecting such real property as described in Paragraph 4 above, or by any third party arising by reason of the relationship
between the parties herein created by this Contract or purportin: ig to affect the security or rights of
the Vendor or Trustee, and to
pay all costs and expenses, including reasonable attorney's fees, in any such action or proceeding
in which Vendor or Trustee may
appear. If Vendee shall fail to appear and defend Vendor or Trustee, any expense, including reasonable attorney’s
fees, incurred
by Vendor or Trustee in his own defense shall be added to the balance due under this Agreement and shall bear
interest at the rate
provided for in Paragraph 2(b) above or at the maximum interest allowed by law, whichever is greater, until the
same has been paid
in full.
13. If the Vendee shall fail to perform the terms and provisions of this Agreement or any part hereof, the Vendor immediately
after such default shall have the right, at his option, and without Prejudicing any of his other legal remedies at law or in equity,
including Vendor's rights set forth in Paragraph 9 above, to declare this Agreement forfeited and Vendee’s rights hereunder
terminated, and retain all sums Vendee may have paid to Vendor hereunder prior to such default, and may also retain al
improvements that may have been made upon the real property by Vendee, together with any and all additions thereto, as
compensation for the use of said real property, and/or as liquidated damages for the breach of this agreement. Immediately upon
the declaration of such forfeiture, Vendor may consider and treat the Vendee as his Tenant holding over without permission and
may take immediate possession of the property, and may have the Vendee and each and every other occupant removed therefrom.
In all cases where a notice of forfeiture is relied upon by the Vendor to terminate the Vendee’s right hereunder, such notice shall
specify all unpaid monies and other breaches of this Agreement and shall declare a forfeiture and a termination of this Agreement
effective within fifteen (15) days after service of such notice, unless all such monies are paid and any other breaches of this
Agreement are cured by Vendee within such fifteen (15) day period.
In addition, upon Vendee’s default in the payment of any indebtedness owed by Vendee to Vendor hereunder, or upon Vendee's
default in the performance of any of the terms and provisions of this Agreement, Vendor may, upon fifteen (15) days written notice
to Vendee of his intention to accelerate the payment of the entire balance during which fifteen (15) day period such default or
defaults are not entirely cured, at his option, declare the entire unpaid balance: hereunder immediately due and payable.
4. Vendee shall be entitled to possession of said real property upon the due execution and delivery of this Agreement. Vendor
retains a security interest in the real property to secure payment of the balance owed to Vendor and for the performance of all terms
and conditions to be performed by Vendee hereunder.
As additional security, Vendee hereby gives to and confers upon Vendor the right, power and authority, during the continuance
of this Agreement, to collect the rents, issues and profits of said real property, reserving unto Vendee the right, prior to any default
by Vendee in payment of any indebtedness secured hereby or in the performance of any agreement hereunder, to collect and retain
such rents, issues and profits as they become due and payable. Upon any such default, Vendor may at any time without notice,
either in person, by agent or by a receiver to be appointed by a court, and without regard to the adequacy of any security for
indebtedness hereby secured, enter upon and take possession of said property or any part thereof; and in his own name sue for or
otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses
of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Vendor
may determine. The entering upon and taking possession of said real property, the collection of such rents, issues and profits and
the application thereof as aforesaid shall not cure or waive any default or Notice of Default given by Vendor to Vendee hereunder
or invalidate any act done pursuant to such Notice.
15. Vendee hereby assumes and agrees to pay before delinquency any and all taxes and assessments hereafter falling due on
said real property. If Vendee shall fail to pay any of said taxes or assessments on or before the due date thereof, Vendor may at
his option declare a default under this Agreement and/or may pay said taxes and assessments and add any amounts so paid to the
balance due Vendor under the terms of this Agreement. Any sums so paid by Vendor and added to the balance due under this
Agreement shall bear interest at the rate provided for in Paragraph 2(b) above or the maximum interest rate provided by law,
whichever is greater, until the same has been paid in full. Vendee shall also pay any community association or maintenance fees
that pertain to said real property.
16. Vendee further agrees that from and after Vendee assumes possession of said real property, and until such time as all
balances due to Vendor have been paid, Vendee shall keep the buildings and other improvements now and hereafter placed on said
real property insured in the amount of the full actual fair market value thereof against any loss or damage by fire and any other
casualty customarily covered by an extended insurance policy. Vendee shall also provide public liability insurance on said real
property with limits of liability of not less than three hundred thousand ($300,000) dollars for injury to or death of one or more
persons in any one accident or occurrence. Such insurance shall further insure Vendor and Vendee against liability for property
damage in the amount of at least one hundred thousand ($100,000) dollars and shall be placed with insurance companies acceptable
to Vendor and for the Vendor's benefit, as his interest may appear. Vendee agrees to pay all of the premiums therefor and deliver
copies of all policies and renewals thereof to Vendor. Such Certificates of Insurance shall provide that Vendor shall be notified in
writing thirty (30) days prior to cancellation, material change or non-renewal of such insurance. In the event the Vendee fails to
provide such insurance, or upon cancellation of said insurance, Vendor may, at his option, declare a default under this Agreement
Page 4 of 8
SESE REEL MENS SLATS SUES
and/or Vendor may obtain the insurance required b’ y this paragraph and add to the balance due under this
Agreement the amount
of any premium therefor. Such added sum shall beer interest at the rate provided in Paragraph 15 above.
17. Vendee further agrees, until the purchase price hereof has been paid in full, that he will
keep and maintain all buildings and
improvements now or hereafter placed on said real property in good condition and repair to
maintain the value thereof, and will not
remove or demolish any building thereon without the prior written consent of Vendor, to complete or restore promptly and in a good
and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due ail claims
for labor performed and materials furnished therefor; to com, ply with all laws affecting said real property
or requiring any alterations
or improvements to be made thereon; not to commit or permit any waste thereof and not commit, suffer or permit any act upon said
real property in violation of law.
18. After Vendee takes possession of said real property under the provisions of this Contract, Vendee
assumes all hazards of
damage to or destruction of any improvements now on said real property or hereafter placed thereon,
and the taking of said real
Property or any part thereof for public use; and agrees that no such damage, destruction or taking shall constitute a failure of
consideration under this Contract. In case any part of said real Property is taken for public use the portion
of the condemnation
award remaining after payment of reasonable expenses of procuring the same shall be paid to Vendor and applied
as payment on
the purchase price hereunder or by payment to the Beneficiary of a prior encumbrance as required by the terms
of said encumbrance,
unless said Beneficiary and Vendor elect to allow the Vendee to apply all or a Portion of such condemnation award
to the rebuilding
or restoration of any improvements damaged by such taking. In case of damage or destruction from a peril
insured against, the
proceeds of such insurance remaining after payment of the reasonable expenses of procuring the same, shall be devoted to the
restoration or rebuilding of such improvements within a reasonable time, unless the Vendee elects that all said proceeds shall be
paid to Vendor or prior encumbrancer.
19. The Vendor or his authorized agent shall, on the written demand of the Vendee or authorized agent made at
any time before
or within two (2) months after the recording of a Notice of Default under this Contract if the power of sale herein
is to be exercised,
or otherwise made more than thirty (30) days prior to entry of the Decree of Foreclosure and upon the payment of fifteen
dollars
and no/100 ($15.00) or such other amount authorized by law, prepare and deliver to the person demanding it a written statement
showing:
(a) The amount of the unpaid balance of the obligation secured by this Security Land Contract and the interest rate,
together with the total amounts, if any, of all overdue installments of either principal or interest, or both.
(b) The amounts of periodic payments, if any.
{c) The date on which the obligation is due in whole or in part.
(d) The date to which real estate taxes and special assessments have been paid, to the extent such information is known
to Vendor.
(e) The amount of hazard insurance in effect and the term and premium of such insurance, to the extent such information
is known to the Vendor.
(f) The amount in an account, if any, maintained for the accumulation of funds with which to pay taxes and insurance
premiums.
(g) The nature and, if known, the amount of any additional charges, costs or expenses paid or incurred by the Vendor
which have become a lien on the real property as part of the obligation secured hereby.
20. Trustee or Vendor shall deliver to Vendee a Grant Deed to said real property at such time as Vendee has paid to Vendor
as hereinabove provided the entire balance due directly to Vendor under the provisions of Paragraph 2(b) above. Vendor shall cause
any and all liens and encumbrances affecting said real property, including, without limitation, the liens and encumbrances set forth
in Paragraph 4 above, to be released or discharged of record except such liens or encumbrances which are attributable to or result
from claims against Vendee or which Vendee by the terms hereof has assumed or agreed to take title subject thereto. The
documentary transfer tax which becomes due when said Grant Deed is delivered to Vendee shall be paid for by Vendor. The
conveyance of title to the real property to be made by the Vendor to Vendee by such Grant Deed shall be expressly subject to the
following:
(a) All taxes, special assessments and bonds levied or imposed upon the real property from and after the date of taking
possession thereof by the Vendee pursuant to the terms of this Agreement;
(b) Allconditions, covenants and restrictions of record as to the date of possession set forth herein, or reservations of gas,
oil, water, or mineral rights;
(c) All easements and rights of way of record as of the date of possession.
1. Time is of the essence of this Agreement.
22. If any party to this Agreement or any assignee of any party hereunder shall bring an action in any court of competent
jurisdiction to enforce any covenant of this Agreement, including any action to collect any payment required hereunder or to quiet
his title against the other party to this Agreement, it is hereby mutually agreed that the prevailing party shall be entitled to reasonable
attorney‘s fees and all costs and expenses in connection with said action, which sums shall be included in any Judgment or Decree
entered in such action in favor of the prevailing party.
23. Neither party hereto shall attempt to further encumber, mortgage or hypothecate said real property without first having
obtained the written consent of the other party hereto.
Page 5 of 8
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24. Vendee shall not transfer, sell or as:
ign his interest in the res al property unless such transfer,
consummated without acceleration of an’ y senior encumbrance sale or assignment may be
on the property. In the event of any acceleration of any senior
encumbrance (by reason of a transfer, sale or assignment by the
Vendee) the total a! mount of unpaid principal and interest due
this Contract shall be immediate! ly due and payable to Vendor in order to protect th i@ under
Vendor against the loss of his security interest
herein.
25. This Agreement shall inure to the benefit of and bind the parties
hereto, their heirs, legatees, devisees, administrators,
executors, successors and assigns.
26. All words used in this Agreement, including the words "Vendor" and “Vendee," shall be construed
as well as the singular number, to include the plurals
and words used herein in the present tense shall include the future
as well as the present, and words
used in the masculine gender shall include the feminine and neuter genders.
27. In the event any of the provisions of this Agreement are determined to be invalid or
unenforceable, the same shall be
deemed severable from the remainder of this Agreement and shall not cause the invalidity
or affect the enforceability of the
remainder of this Agreement. This Agreement shall be interpreted and construed in accordance
with the laws of the State in which
the real property is located.
28. The waiver by Vendor of any term, covenant, condition or agreement herein contained shall not be deemed to be a waiver
of any other such term, covenant, condition or agreement contained herein, or any subsequent breach of same or any other term,
covenant or condition herein contained.
NOTICE: The Califomia Department of Justice, sheriffs departments, police departments serving jurisdictions of 200,000 or more
and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register
pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and is a
source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex
Offender Identification Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have
specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900" telephone
service.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above writ
Preview
Rebeca Gonzalez Attorney at Law APC 5330 Office Centre Court Suite 32 Bakersfield CA 93309 Telephone: (661) 583-2802 Rebeca@abogadalegal.net Attorney for Plaintiffs, Gabriel Nunez Rivera And Maria Isabel Trujillo SUPERIOR COURT OF CALIFORNIA KERN COUNTY - METROPOLITAN DIVISION 10 GABRIEL NUNEZ RIVERA an individual; Case No. 11 MARIA ISABEL TRUJILLO, an individual; COMPLAINT TO QUIET TITLE, 12 DAMAGES FOR BREACH OF PLAINTIFF, CONTRACT, AND CONSTRUCTIVE 13 TRUST Vv. 14 ALBERTO GUITRON, an individual; and | UNLIMITED CIVIL CASE 15 DOES 1-25, inclusive 16 DEFENDANTS. 17 GENERAL ALLEGATIONS 18 The real property that is the subject of this action is located in Kern County, California is 19 commonly known as 105 Eastern Ave, Taft CA 93268; APN No: 039-283-14-00 (hereafter, 20 SUBJECT PROPERTY) and specifically described in EXHIBIT A. 21 Plaintiffs Gabriel Nunez Rivera (RIVERA) and Maria Isabel Trujillo (TRUJILLO) are 22 individuals and at all times relevant have been residents of Kern County, California. Defendant, ALBERTO GUITRON, (DEFENDANT) is believed to be a resident of Kern 23 County, CA. 24 Plaintiff does not know the true names or capacities or basis for liability for DOES 1-25, 25 inclusive, at this time and will amend when appropriate. 26 At all times relevant, each defendant, including each DOE defendant was acting as the agent of 27 the other defendants and acting within scope of said agency. 28 -1- Complaint to Quiet Title; Specific Performance; Breach of Contract The Court has jurisdiction over this matter because the SUBJECT PROPERTY is located in KERN COUNTY and the amount in question exceeds the allowable minimum for this Court. On or about November 5, 2015, PLAINTIFFS and DEFENDANT entered into an Agreement for Sale of the SUBJECT PROPERTY. SEE EXHIBIT B. Pursuant thereto, DEFENDANT retained legal title as a security interest only. The agreement required payments for thirteen (13) years. PLAINTIFFS and DEFENDANT agreed and mutually understood that the Agreement would be recorded with the County as is custom and per the language in the Agreement. PLAINTIFFS have occupied the SUBJECT PROPERTY as their primary residence since 2015. PLAINTIFFS began and have been making timely payments as agreed since December 5, 10 2015. DEFENDANT agreed to record the agreement in the County of Kern but failed to do so 11 10. DEFENDANT did not disclose the existence of any encumbrances, liens, or debts secured by 12 the property at the time the agreement was made, or any time after that, as required by the agreement. 13 11 Sometime at the beginning of April 2024, PLAINTIFFS found notice at the property that an 14 entity (CREDITOR) was claiming an interest in the property and filed a petition to sell the 15 dwelling to satisfy a debt against DEFENDANT. CREDITOR recorded an abstract of 16 judgment in County of Kern in 2022. 17 12. If the SUBJECT PROPERTY is sold and PLAINTIFFS claim is not made or known to all 18 those who may have adverse claims, PLAINTIFFS will be left without a practical remedy. 19 13 PLAINTIFFS have made multiple attempts to contact DEFENDANT regarding the debt to no avail. PLAINTIFFS have attempted on multiple occasions to record the Agreement with the 20 County but DEFENDANT refuses to cooperate. 21 14. PLAINTIFFS are informed and believe that DEFENDANT acquired the property with 22 knowledge of the debt. Further DEFENDANT entered into the agreement with PLAINTIFFS 23 with knowledge of the debt, failed to disclose the potential encumbrance, failed to record the 24 AGREEMENT. DEFENDANT intentionally deceived PLAINTIFFS by continuing to accept 25 and demand performance by them with knowledge of the CREDITORS judgment against him. QUIET TITLE 26 15 Plaintiffs reallege paragraphs | through 14. 27 28 -2- Complaint to Quiet Title; Specific Performance; Breach of Contract 16. Plaintiffs are bona fide purchasers and seek a determination that they obtained the property free and clear of any adverse interest. 17. Plaintiffs hold equitable title and are seeking a judicial declaration that Plaintiffs are the legal owners as of December 5, 2015, based on Defendant’s fraud and breach. 18. Plaintiff is informed and believes and on that basis alleges that defendants claim an interest adverse to plaintiff's title in SUBJECT PROPERTY. Due to Defendant’s fraud and breach, These claims are without any right and defendants have no right, title, estate, lien, or interest in SUBJECT PROPERTY. BREACH OF CONTRACT 19. Plaintiffs reallege paragraphs | through 14. 10 20. Plaintiffs and Defendant entered into an agreement (CONTRACT) to sell and convey the 11 SUBJECT PROPERTY to Plaintiffs. 12 21 Defendant has breached the agreement by failing to record the agreement. Defendant has also 13 repudiated this contract by implication making it impossible for the Defendant to perform the contract. 14 22. Plaintiffs have been complying with all terms of the contract, and is still able and willing to 15 perform. 16 23 Plaintiffs have been damaged by Defendant’s conduct and breach, and will further be 17 damaged. The Contract contains a provision for the recovery of attorney fees. 18 19 CONSTRUCTIVE TRUST 20 24. Plaintiffs reallege paragraphs 1-23 above. 21 25 On or about August 25, 2015, Defendant obtained the SUBJECT PROPERTY worth an estimated amount of $124,000.00. He retained legal title to the property and conveyed 22 equitable title to Plaintiffs by way of the AGREEMENT. Defendant’s retention of the 23 SUBJECT PROPERTY is wrongful for the reasons stated above. 24 I 25 I 26 I 27 28 -3- Complaint to Quiet Title; Specific Performance; Breach of Contract PRAYER FOR RELIEF: WHEREFORE, Plaintiff prays for judgment as follows: 1 For an order quieting title to the subject property as of December 5, 2015; 2. Declaration that Plaintiff is the legal and beneficial owner of the property; to that 3 For an order that any subsequent claims or liens or encumbrances be declared junior of Plaintiffs; For damages equal to the present value of the Subject Property; Declaration that Defendant hold the sum of $124,000.00 in a constructive trust for benefit of Plaintiffs; For cost of suit and attorney fees; Any other relief deemed just and proper. 10 11 Dated: April 15, 2024 LAW 12 Rebeca Gonzalez, Attorney for Plaintiffs 13 14 VERIFICATION 15 I am the Plaintiffin this action. I have read the foregoing Complaint and it is true of my own I 16 knowledge, except as to those matters stated on information or belief, and as to those matters, that 17 believe it to be true. I declare under penalty of perjury under the laws of the State of California 18 the foregoing is true and correct. 19 20 Dated: 4/24/2024 GB GABRIEL NUNEZ RIVERA 21 22 \ —_— . Dated: 4/24/2024 ‘ ‘ 23 24 MARIA ISABEL TRUJILLO 25 26 27 28 -4- Complaint to Quiet Title: Specific Performance; Breach of Contract EXHIBIT "A" Legal Description For APNiParcel ID(s): 039-283-14-00 AREA, COUNTY OF KERN, THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: 97-90, AS EVIDENCED BY THAT CERTAIN LOT B OF BLOCK H OF CERTIFICATE OF C OMPLIANCE NO. 3 IN BOOK 6793, PAGE 1297 OF OFFICIAL CERTIFICATE OF COMPLIANCE RECORDE DD JANUARY 22, 199: ON RECORD OF SURVEY MAP ENTITLED RECORDS, BEING AN ADJUSTMENT OF BL! OCK H, AS SHOWN G PLAN", IN THE UNINCORPORATED AREA OF THE "AMENDED LICENSED SURVEYOR'S M. IAP OF ALOT LEASIN DECEMBER 12, 1924 IN BOOK 2, PAGE 23 OF COUNTY OF KERN, STATE OF CALI FORNIA, RECORDED Y RECO RDER OF SAID COUNTY. RECORDS OF SURVEY, IN THE OFFICE OF THE COUNT Printed: 07.02.15 @ 09:29 AM Grant Deed CA-CT-FWKN-02180.054550-FWKN-550 1502640 $CA0000129.dee / Updated: 04.29.15 RECOBDING REQUESTED BY AND WHEN RECORDED MAIL TO: EXHIBIT B = jue Gabriel Nunez Rivera Maria Isabel Trujillo Juarez ‘STREET 105 Eastern Ave Taft, CA 93268 CITY, STATE & 1p CODE . TITLE ORDER NO. ESCROW No. OVE THIS LINE R RECORDER'S Us Pee ESS TMM MESSE MUON SASS WEN Lily AGREEMEN T FOR SALE OF REAL ESTATE Z (INSTALL MENT LAND CONTRACT) WITH POWER OF SALE (UNDERLYING LIENS AND TRUST DEEDS PAID BY VENDOR) (NOTE: THIS FORM IS TO BE USED ONLY Fi OR PROPERTY IMPROVED WITH A PERMANENT STRUCTURE INTENDED EITHER FOR HUMAN OCCUPANCY OR COMMERCIAL USE. IN THE EVENT THE SUBJECT PROPERTY IS NOT SO IMPROVED, ATTENTION IS DIRECTED TO THE REQUIREM| ENTS OF CIVIL CODE SECTION 2985.51) THIS AGREEMENT is made and entered into this 5 day of November , 2015 , by and between Alberto Guitron whose address is 113 Buena Vista Pl, Taft, CA 93268 (hereinafter referred to as "Vendor"), and Gabriel Nunez Rittera and Maria Isabel Trujillo Juarez whose address is 105 Eastern Ave, Taft, CA 93268 (hereinafter referred to as "Vendee"), and whose address is (hereinafter referred to as "Trustee"). WITNESSETH: . WHEREAS, Vendor is the owner of that certain real property and all buildings and improvements located thereon situated in the County of Kern 1 State of. CA , commonly known as: 105 Eastern Ave, Taft, CA 9326 and legally described as: See Legal Description attached APN # 039-283-14-00 (hereinafter referred to as the Teal property’ T, HEREAS, Vendor has a: greed to sell and Vendee has agreed to buy said real property on the terms and conditions hereinafter set forth. NOW, THEREFORE, THE PARTIES HERETO DO HEREBY AGRE! E AS FOLLOWS: Vendor shall retain legal title as a security interest in said real property until the payment of the balance of the p urchase price has been made by Vendee to Vendor as set forth below. REQUEST FOR NOTICE OF DEFAULT In accordance with California Civil Code Secti ion 2924/(b), request is hereby made by the undersigned Vendor and Vendee that a copy of any Notice of Default and a copy of any Notice of Sale under Deed of Trust recorded in Bool , Official Records of County, State oF as affecting the above deterbed propel ty, executed by as Trustor (or Mortgagor) in which is named Beneficiary (or Mortgagee) and as Trustee, be mailed to Vendor and Vendée at the addresses noted below. NOTICES AND REQUESTS FOR NOTICE Notices required or permitted under this Agreement shall be bindin ig if delivered personally to the party sought or. inued by registered or certified mail, postage prepaid, in fhe Inited States mail to the following: to be served : : TRUSTEE: Vendor and Vendee hereby request that Notice of Default and Notice of Sale hereunder be mailed to them at the above address. MAIL TAX STATEMENTS TO WOLCOTTS FORM 413 - (price class mu | REAL ESTATE (INSTALLMENT LAND CONTRACT) indeiving lens and trust deeds paid by Vendor\(with request for conveyance) os WOLConTS Fe Page 1 of 8 767775 1841 SLEEPLESS SLSLUMS SS SME SSM ERE 4 Vendor agrees to sell and Vendee agrees to buy all of said real property for the sum of One Hundred Twenty Four ($_ 124 ,000--- ) dollars (“total purchase price") in lawful money of the United States, as hereinafter more fully set forth. 2. Vendee shall pay said purchase price of One Hundred Twenty Four Thousand ($124 ,000--- ) dollars as follows: (a) Vendee shall pay to Vendor the sum of Fifteen Thousand ($_15,000---- ) dollars ("down Payment") as and for a down payment. {b) Vendee (jointly and severally) promises to pay to Vendor, or order, at 113 Buena Vista Pl, Taft, CA 93266 the balance in the sum of _One Hundred Nine Thousand (¢ 109 ,000-- ) dollars with interest from Dec 5,2015 on the unpaid principal balance at the rate of 3+ percent per included in price & payment annum; principal and interest payable in installments of $_700.00 or more on the 5: day of each month beginning on the 5 day of December 2015, and continuing until the day of , on which date the then outstanding balance thereof and all accrued interest thereon shall be due and payable in full. Each payment shall be credited first on interest then due and the remainder on principal; interest shall thereupon cease upon the principal so credited; principal and interest payable in lawful money ‘of the United States. This Agreement will require _13 years and 0 months to complete payment in accordance with its terms. 3. So long as Vendee is not in default in the payment of the above installments, Vendor agrees to make all payments and perform all obligations under any and all liens affecting said property which are not the obligation of Vendee. Should Vendor breach this covenant, Vendee may, without waiving any other rights or remedies, pay and perform such obligations and upon doing so shall be entitled to a like amount as a.credit against present and future payments due or to become due to Vendor and in addition Vendee shall be entitled to interest at the maximum legal rate on all such advances in excess of Vendee’s obligations due under this Agreement. 4. Vendor represents the present liens affecting said property are: ei Original Amount. Unpaid Balance Interest Paid to Installments Impound Accounts Beneficiary (a) (b) (c) The parties hereto hereby acknowledge that they are aware of the fact that the trust deed(s), lien(s), and/or encumbrancels) set forth in this Paragraph 4 are, or may be subject to conditions which shall permit the Lender (Obligee or Beneficiary of a Trust Deed) upon the sale, transfer or assignment of said real property, or any interest therei by Vendor, to: (a) Accelerate the payment of the obligation so that the entire amount of principal and interest are immediately due and payable or, {b) Permit the acquiring party (Vendee herein) to assume said obligation but with a modification of terms which may require an increase in the interest rate and the payment of a loan assumption and/or transfer fee. Vendee agrees, in the event that any such Lender accelerates the payment or requires a modification of the terms or interest, or the payment of assumption or transfer fees and costs, at Vendee’s sole cost and expense, to take such steps which will satisty said Lender, or should Vendee elect to refinance or pay off the trust deed(s) set forth in Paragraph 4 of the Agreement, any charges, payoff penalties, or expenses imposed or required by said Lenders shall be assumed and paid for by Vendee. All costs of new loans, including costs and peints, shall be paid by Vendee. Vendee hereby agrees to take possession of said real property subject to the above conditions and further agrees to indemnify the Vendor from any actions brought against the Vendor by the holder of any such liens or deed(s) of trust affecting the real property attempting to accelerate any such liens or deed(s) of trust, as provided in Paragraph 8 below. Vendee hereby expressly assumes the risk of any such acceleration or attempted acceleration of any such liens or deed(s) of trust affecting said real property by the holders thereof. Page 2 of 8 SUMS ULE NEARS SSSA SSS STMUESS may 5. Vendee, if not expressly prohibited by the terms of this Agreement, may prepay all or any portion of any prior encumbrances or liens where the terms of the encumbrances or liens provide for prepayment, but upon the condition that Vendee shall also pay any prepayment charges so incurred. In such event, any payments made by Vendee shall be credited against the balance of the purchase price owed by Vendee to Vendor as set forth in Paragraph 1 above. Prepayment charges on any prior encumbrances or liens, if any, paid by Vendee as provided herein shall not reduce the balance owed to Vendor. At any time (after the calendar year in which this Agreement is executed), Vendee may prepay without penalty all or any portion of the balance due Vendor under this Agreement. 6. Upon the recordation of this Agreement, Vendor at V@4Rd0r + expense shall provide Vendee with a policy of Title Insurance from __a licensed Insurance Company insuring the equitable interest of Vendee, and insuring the legal interest of Vendor as created hereunder, and further subject to easements, covenants, conditions, and restrictions of record, those matters set forth in Paragraph 4 above, and all other matters of record affecting the title to the property herein described on the date hereof. Dec 10 7. Property tax estimates are based on the tax statement for the fiscal year commencing six, 2015_. In addition to all sums provided for in this Agreement, Vendee shall also pay to Vendor, when due, all impounds required by any of the beneficiaries of prior encumbrances affecting said property as shown in Paragraph 4 above, for taxes, assessments, insurance or any other required impounds which Vendor shall, in turn, pay to such beneficiaries. 8 Upon recordation of this Security Land Contract, Vendor and Vendee irrevocably grant, transfer and assign their respective rights, title and interest to the real property hereto to Trustee in trust for purposes of securing Vendor’s and Vendee’s obligations herein, and confer upon Trustee the following powers: {a) Power to convey to Vendee legal title upon full satisfaction of Vendee’s obligation to Vendor upon instructions from Vendor or his successor in interest. (b) Power to foreclose under power of sale noted below and issue a deed upon foreclosure and sale. The parties mutually agree that the Trustee’s power to foreclose under power of sale shall be exercised in accordance with the then existing provisions of law in effect at the time of the exercise of power of sale set forth below, which provisions are hereby incorporated herein by reference, and the parties hereto agree to be bound thereby as though fully set forth herein. Wherever in said provisions the words “Trustor" and “Beneficiary” are found, the words “Vendee" and "Vendor" shall be substituted respectively. The parties intend hereby to vest the Trustee with title so as to create powers coupled with an interest, and subject to such vesting Vendor and Vendee shall retain the rights and obligations imposed upon them by California Civil Code Section 2985 and all other applicable laws and statutes. 9 Upon default in payment of any indebtedness secured hereby or upon default in performance of any of the terms and provisions hereof, Vendor, subject to the notice provisions of Paragraph 13 below, may declare all sums secured hereby immediately of due and payable. Vendor shall deliver to Trustee a written Declaration of Default and Demand for Sale, and a written Notice Default and election to cause said property to be sold. Trustee shall cause said Notice to be filed for record. Vendor shall also deposit with Trustee this Land Contract and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said Notice of Default, and the Notice of Sale having been given as then required by law, Trustee without demand on Vendee shall sell said property at the time and place public fixed by it in said Notice of Sale, either as a whole or in separate parcels, and in such order as it may be determined, at the highest bidder for cash in lawful money of the United States, payable at time of sale, which sale shall be held and auction to conducted as may then be required by law. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement so sold, at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Vendee, Trustee or Vendor, may purchase at such sale. After deducting all costs, fees and expenses of Trustee, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof not then repaid, with accrued interest at the amount allowed by law in effect at the date thereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 10. Vendor or his successors in interest may from time to time by written instrument substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument executed by the Vendor and duly acknowledged and recorded in the office of the Recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees who shail, without conveyance from the predecessor Trustee, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the date of execution of this Security Land Contract, the names of the original Vendee, Trustee and Vendor hereunder, the Book and Page where this Security Land Contract is recorded, and the name and address of the new Trustee. The Trustee, upon ten (10) days notice to the Vendor and Vendee, may resign as such Trustee and the successor Trustee shall be appointed in the same manner as provided above for substitution of Trustee. Page 3 of 8 SH =z th ce MESSI SSS Ed 11. In the event any changes, amendments -or modifications are enacted to the Civil Code or other codes of the State of California affecting foreclosures under power of sale, trustee powers or other matters contained in this Agreement, the provisions hereinabove shall, upon the effective date of such new legislation, be deemed amended in conformity with such new legislation. Such provisions include but are not limited to, Di ion Ill, Part Four, Title XIV, Chapter 2 of the Civil Code of the State of California. 12. Vendee shall appear and defend Vendor or Trustee in an’ y action or proceeding brought against Vendor by the holder of any lien(s) affecting such real property as described in Paragraph 4 above, or by any third party arising by reason of the relationship between the parties herein created by this Contract or purportin: ig to affect the security or rights of the Vendor or Trustee, and to pay all costs and expenses, including reasonable attorney's fees, in any such action or proceeding in which Vendor or Trustee may appear. If Vendee shall fail to appear and defend Vendor or Trustee, any expense, including reasonable attorney’s fees, incurred by Vendor or Trustee in his own defense shall be added to the balance due under this Agreement and shall bear interest at the rate provided for in Paragraph 2(b) above or at the maximum interest allowed by law, whichever is greater, until the same has been paid in full. 13. If the Vendee shall fail to perform the terms and provisions of this Agreement or any part hereof, the Vendor immediately after such default shall have the right, at his option, and without Prejudicing any of his other legal remedies at law or in equity, including Vendor's rights set forth in Paragraph 9 above, to declare this Agreement forfeited and Vendee’s rights hereunder terminated, and retain all sums Vendee may have paid to Vendor hereunder prior to such default, and may also retain al improvements that may have been made upon the real property by Vendee, together with any and all additions thereto, as compensation for the use of said real property, and/or as liquidated damages for the breach of this agreement. Immediately upon the declaration of such forfeiture, Vendor may consider and treat the Vendee as his Tenant holding over without permission and may take immediate possession of the property, and may have the Vendee and each and every other occupant removed therefrom. In all cases where a notice of forfeiture is relied upon by the Vendor to terminate the Vendee’s right hereunder, such notice shall specify all unpaid monies and other breaches of this Agreement and shall declare a forfeiture and a termination of this Agreement effective within fifteen (15) days after service of such notice, unless all such monies are paid and any other breaches of this Agreement are cured by Vendee within such fifteen (15) day period. In addition, upon Vendee’s default in the payment of any indebtedness owed by Vendee to Vendor hereunder, or upon Vendee's default in the performance of any of the terms and provisions of this Agreement, Vendor may, upon fifteen (15) days written notice to Vendee of his intention to accelerate the payment of the entire balance during which fifteen (15) day period such default or defaults are not entirely cured, at his option, declare the entire unpaid balance: hereunder immediately due and payable. 4. Vendee shall be entitled to possession of said real property upon the due execution and delivery of this Agreement. Vendor retains a security interest in the real property to secure payment of the balance owed to Vendor and for the performance of all terms and conditions to be performed by Vendee hereunder. As additional security, Vendee hereby gives to and confers upon Vendor the right, power and authority, during the continuance of this Agreement, to collect the rents, issues and profits of said real property, reserving unto Vendee the right, prior to any default by Vendee in payment of any indebtedness secured hereby or in the performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Vendor may at any time without notice, either in person, by agent or by a receiver to be appointed by a court, and without regard to the adequacy of any security for indebtedness hereby secured, enter upon and take possession of said property or any part thereof; and in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby and in such order as Vendor may determine. The entering upon and taking possession of said real property, the collection of such rents, issues and profits and the application thereof as aforesaid shall not cure or waive any default or Notice of Default given by Vendor to Vendee hereunder or invalidate any act done pursuant to such Notice. 15. Vendee hereby assumes and agrees to pay before delinquency any and all taxes and assessments hereafter falling due on said real property. If Vendee shall fail to pay any of said taxes or assessments on or before the due date thereof, Vendor may at his option declare a default under this Agreement and/or may pay said taxes and assessments and add any amounts so paid to the balance due Vendor under the terms of this Agreement. Any sums so paid by Vendor and added to the balance due under this Agreement shall bear interest at the rate provided for in Paragraph 2(b) above or the maximum interest rate provided by law, whichever is greater, until the same has been paid in full. Vendee shall also pay any community association or maintenance fees that pertain to said real property. 16. Vendee further agrees that from and after Vendee assumes possession of said real property, and until such time as all balances due to Vendor have been paid, Vendee shall keep the buildings and other improvements now and hereafter placed on said real property insured in the amount of the full actual fair market value thereof against any loss or damage by fire and any other casualty customarily covered by an extended insurance policy. Vendee shall also provide public liability insurance on said real property with limits of liability of not less than three hundred thousand ($300,000) dollars for injury to or death of one or more persons in any one accident or occurrence. Such insurance shall further insure Vendor and Vendee against liability for property damage in the amount of at least one hundred thousand ($100,000) dollars and shall be placed with insurance companies acceptable to Vendor and for the Vendor's benefit, as his interest may appear. Vendee agrees to pay all of the premiums therefor and deliver copies of all policies and renewals thereof to Vendor. Such Certificates of Insurance shall provide that Vendor shall be notified in writing thirty (30) days prior to cancellation, material change or non-renewal of such insurance. In the event the Vendee fails to provide such insurance, or upon cancellation of said insurance, Vendor may, at his option, declare a default under this Agreement Page 4 of 8 SESE REEL MENS SLATS SUES and/or Vendor may obtain the insurance required b’ y this paragraph and add to the balance due under this Agreement the amount of any premium therefor. Such added sum shall beer interest at the rate provided in Paragraph 15 above. 17. Vendee further agrees, until the purchase price hereof has been paid in full, that he will keep and maintain all buildings and improvements now or hereafter placed on said real property in good condition and repair to maintain the value thereof, and will not remove or demolish any building thereon without the prior written consent of Vendor, to complete or restore promptly and in a good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due ail claims for labor performed and materials furnished therefor; to com, ply with all laws affecting said real property or requiring any alterations or improvements to be made thereon; not to commit or permit any waste thereof and not commit, suffer or permit any act upon said real property in violation of law. 18. After Vendee takes possession of said real property under the provisions of this Contract, Vendee assumes all hazards of damage to or destruction of any improvements now on said real property or hereafter placed thereon, and the taking of said real Property or any part thereof for public use; and agrees that no such damage, destruction or taking shall constitute a failure of consideration under this Contract. In case any part of said real Property is taken for public use the portion of the condemnation award remaining after payment of reasonable expenses of procuring the same shall be paid to Vendor and applied as payment on the purchase price hereunder or by payment to the Beneficiary of a prior encumbrance as required by the terms of said encumbrance, unless said Beneficiary and Vendor elect to allow the Vendee to apply all or a Portion of such condemnation award to the rebuilding or restoration of any improvements damaged by such taking. In case of damage or destruction from a peril insured against, the proceeds of such insurance remaining after payment of the reasonable expenses of procuring the same, shall be devoted to the restoration or rebuilding of such improvements within a reasonable time, unless the Vendee elects that all said proceeds shall be paid to Vendor or prior encumbrancer. 19. The Vendor or his authorized agent shall, on the written demand of the Vendee or authorized agent made at any time before or within two (2) months after the recording of a Notice of Default under this Contract if the power of sale herein is to be exercised, or otherwise made more than thirty (30) days prior to entry of the Decree of Foreclosure and upon the payment of fifteen dollars and no/100 ($15.00) or such other amount authorized by law, prepare and deliver to the person demanding it a written statement showing: (a) The amount of the unpaid balance of the obligation secured by this Security Land Contract and the interest rate, together with the total amounts, if any, of all overdue installments of either principal or interest, or both. (b) The amounts of periodic payments, if any. {c) The date on which the obligation is due in whole or in part. (d) The date to which real estate taxes and special assessments have been paid, to the extent such information is known to Vendor. (e) The amount of hazard insurance in effect and the term and premium of such insurance, to the extent such information is known to the Vendor. (f) The amount in an account, if any, maintained for the accumulation of funds with which to pay taxes and insurance premiums. (g) The nature and, if known, the amount of any additional charges, costs or expenses paid or incurred by the Vendor which have become a lien on the real property as part of the obligation secured hereby. 20. Trustee or Vendor shall deliver to Vendee a Grant Deed to said real property at such time as Vendee has paid to Vendor as hereinabove provided the entire balance due directly to Vendor under the provisions of Paragraph 2(b) above. Vendor shall cause any and all liens and encumbrances affecting said real property, including, without limitation, the liens and encumbrances set forth in Paragraph 4 above, to be released or discharged of record except such liens or encumbrances which are attributable to or result from claims against Vendee or which Vendee by the terms hereof has assumed or agreed to take title subject thereto. The documentary transfer tax which becomes due when said Grant Deed is delivered to Vendee shall be paid for by Vendor. The conveyance of title to the real property to be made by the Vendor to Vendee by such Grant Deed shall be expressly subject to the following: (a) All taxes, special assessments and bonds levied or imposed upon the real property from and after the date of taking possession thereof by the Vendee pursuant to the terms of this Agreement; (b) Allconditions, covenants and restrictions of record as to the date of possession set forth herein, or reservations of gas, oil, water, or mineral rights; (c) All easements and rights of way of record as of the date of possession. 1. Time is of the essence of this Agreement. 22. If any party to this Agreement or any assignee of any party hereunder shall bring an action in any court of competent jurisdiction to enforce any covenant of this Agreement, including any action to collect any payment required hereunder or to quiet his title against the other party to this Agreement, it is hereby mutually agreed that the prevailing party shall be entitled to reasonable attorney‘s fees and all costs and expenses in connection with said action, which sums shall be included in any Judgment or Decree entered in such action in favor of the prevailing party. 23. Neither party hereto shall attempt to further encumber, mortgage or hypothecate said real property without first having obtained the written consent of the other party hereto. Page 5 of 8 SLIR SSL SSE 24. Vendee shall not transfer, sell or as: ign his interest in the res al property unless such transfer, consummated without acceleration of an’ y senior encumbrance sale or assignment may be on the property. In the event of any acceleration of any senior encumbrance (by reason of a transfer, sale or assignment by the Vendee) the total a! mount of unpaid principal and interest due this Contract shall be immediate! ly due and payable to Vendor in order to protect th i@ under Vendor against the loss of his security interest herein. 25. This Agreement shall inure to the benefit of and bind the parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. 26. All words used in this Agreement, including the words "Vendor" and “Vendee," shall be construed as well as the singular number, to include the plurals and words used herein in the present tense shall include the future as well as the present, and words used in the masculine gender shall include the feminine and neuter genders. 27. In the event any of the provisions of this Agreement are determined to be invalid or unenforceable, the same shall be deemed severable from the remainder of this Agreement and shall not cause the invalidity or affect the enforceability of the remainder of this Agreement. This Agreement shall be interpreted and construed in accordance with the laws of the State in which the real property is located. 28. The waiver by Vendor of any term, covenant, condition or agreement herein contained shall not be deemed to be a waiver of any other such term, covenant, condition or agreement contained herein, or any subsequent breach of same or any other term, covenant or condition herein contained. NOTICE: The Califomia Department of Justice, sheriffs departments, police departments serving jurisdictions of 200,000 or more and many other local law enforcement authorities maintain for public access a data base of the locations of persons required to register pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The data base is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The Department of Justice also maintains a Sex Offender Identification Line through which inquiries about individuals may be made. This is a "900" telephone service. Callers must have specific information about individuals they are checking. Information regarding neighborhoods is not available through the “900" telephone service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above writ