Request,Application: THE ESTATE OF EVAN CHARLES REMEDIOS

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                                David Brillant, SBN 220895

BRILLANT LAW FIRM
A Professional Corporation
2540 Camino Diablo, Suite 200
Walnut Creck, California 94597 ELECTRONICALLY
Telephone: — (925) 274-1400 FILED
Facsimile: (925) 274-9696 Superior Court of California,
E-Mail: dbrillant@brillantlaw.com County of an mancieco|
10/26/2016
Attorneys for Hirabhai Patel and Clerk of the Court
Naynaben Patel, Co-Conservators Pe begaey a
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

IN RE: Case No.: PES -16-300096

ESTATE OF : REQUEST FOR JUDICIAL NOTICE

EVAN CHARLES REMEDIOS,

aka EVAN C. REMEDIOS Date: November 22, 2016

Time: 9:00 a.m.
Decedent. Dept. 204
Pursuant to Evidence Code §452, Hirabhai Patel and Naynaben Patel, conservators of the

person and the estate of Monica Remedios, surviving spouse of Evan Remedios, hereby request

the Court take judicial notice of the true and correct copies of the following documents:

Exhibit A Grant Deed from David J. Halpin and Marianne M. Halprin to Edward C.
Remedios and Roberta E. Remedios recorded on January 29, 2002

Exhibit B Deed of Trust secured by Wells Fargo, borrowers Edward C, Remedios and
Roberta E. Remedios recorded on January 29, 2002

Exhibit C Grant Deed from Edward C. Remedios and Roberta E. Remedios to Evan C.
Remedios recorded on February 26, 2002

Exhibit D Grant Deed from Evan C. Remedios to Edward C. Remedios, Roberta E.

Remedios and Evan C. Remedios recorded on August 20, 2002

REQUEST FOR JUDICIAL NOTICE — CASE NO.: PES-16-300096
{SERVERIProLawFiles\ocurnentstI164,003\Pleading42854.doeExhibit E Deed of Trust secured by Wells Fargo, borrowers Edward C. Remedios,
Roberta E. Remedios and Evan C. Remedios recorded on August 20, 2002

Exhibit F Grant Deed from Edward C. Remedios, Roberta E. Remedios and Evan C.
Remedios to Evan C. Remedios recorded on December 19, 2002

Exhibit G Grant Deed from Evan C. Remedios to Edward C. Remedios, Roberta E.
Remedios and Evan C. Remedios recorded on April 11, 2003

Exhibit H Deed of Trust secured by Wells Fargo, borrowers Edward C. Remedios,
Roberta E. Remedios and Evan C. Remedios recorded on April 11, 2003

Exhibit I Grant Deed from Edward C. Remedios, Roberta E. Remedios and Evan C.
Remedios to Evan C. Remedios recorded on April 30, 2003

Exhibit J Grant Deed from Evan C. Remedios to Evan C. Remedios and Monica EH.
Remedios recorded on June 30, 2009

Exhibit K Deed of Trust secured by Wells Fargo, borrowers Evan C. Remedios and
Monica H. Remedios recorded on June 30, 2009

Exhibit L Deed of Trust secured by Wells Fargo, borrowers Evan C. Remedios and
Monica H. Remedios recorded on November 1, 2011

Exhibit M Petition for Appointment of Probate Conservator of the Person and Estate,
Contra Costa County Case No. P14-00682

Respectfully submitted,
Date: October 26, 2016 BRILLANT LAW FIRM

David Brillant

REQUEST FOR JUDICIAL NOTICE — CASE NO.: PES-16-300096
SERVER NProLawFiles\Documontsit 164.003\Pleadings\ 12854 daeEXHIBIT ARECORDING REQUESTED BY

CHICAGO TITLE COMPANY
AND WHEN RECORDED Mail TO cH A
Cavan Cc, Remedios “7 sco Aesessor~Recorder
$26 Castenada Avenue pea rt {acs Weve eRecorder
San- Francisco, California 94116 » Bobs Hesse s-00
oe Jvonscac Tale Company
Tuenday, + BVZ 08:00:80
‘Tel Pa Yio o Nor~ O08 779000 |
REEL 1063 IMAGE 9234 |
L _ OF a/FT/i-2 Si

Escrow NO, sonaiz6 - Mun - OW

pan Saeg fe sotaaas SPACE ABOVE TW UNE FOR RECORDER URE —————— p

S2b CastenAod Avenue GRANT DEED Inpsee Beran mo:
‘THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAXIS $3,268.80
(unincorporated area () Giver san Francisco
computed on the full vatua of the inueteit or property canveyed, or it
21 computed on the full vatuo less Ute value of liens or encumbrances rertaiting at tne of sale, and

VALUABLE CONSIDERATION sihich is hereby
paviD’y* HALPIN AND ORDaNNE ANNE M. TaLbiN HOSBAND FE, aS FR Str TENANTS

hereby GRANT(S) to
(Sdward C. Remedios and Roberta Z. Remedios, Husband and Wife as Community Property

with Rights of Survivorship ias to an undivided 40.5% interest and Evan C. Remedios, A
Single Person as to an undivided 59.5% interest as Tenants In Common

the following described real inthe San Francisco
Countyof “San Frenciseo | State of Californie:

LEGAL DESCRIPTION ATTACHED HERETO AND MADB A PART HEREOF BY REFERENCE

Dated Janvary 17, 2002 Lit A Seb |

ss, David J. Halpin

peel Bhi rene J Sb gps

ee and a County and Stale, personally Sppested
J. Ha larianne My Marianne M. Halpin

an oRNotar Cite My Commission Expiien FOR NOTARY EAL OF STAMP
MAIL TAK STATEMENTS YO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY $0 SHOWN, MAIL AS DIRECTED ABOVE

Name ~~ Sireat Addreve City, Bate & ZipPage 1

Escrow No. 6084126 -M&M HO98013

BEGAL DESCRIPTION EXHIBIT

CITY OF SAN FRANCISCO

LOT NO, 15, IN BLOCK NO. 2336-A, ACCORDING TO MAP ENTITLED, “MAP NO. 2, OF PACIFIC
TERRACE, SAN PRANCISCO, CALIFORNIA", PILED FEBRUARY 26, 1917, IN BOOK "H" OF MAPS,
PAGES 62 AND 63, IN THE OFFICE OF THS RECORDER OF THE CITY AND COUNTY OF SAN
PRANCISCO, STATA OF CALIFORNIA,

LOT 005, BLOCK 2338A

DEEDLEOL.08/09/ e404EXHIBIT BRecording Requested By:
VELL Fans BAO hemtoaR, THC. cot UML

wicisca fasessor-ecorder
eee Perla wi der
NELLS FARGO SOME woRTGAaE. we. alsa etietemee
secre, arian Tah SM. ee oan
WELLS YARGO HOME MORTGAGE, INC. Te63 TAGE 0285

sy

3995 SPRUCE ST.,, RIVERSIDN, CA ‘V
CTC ECE ZL mew eit ot i

Arn 2338/5 DEED OF TRUST

Slt CAsTenara Avene

DEFINITIONS

Words used in multiple sections of this document ate defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.

(A) "Security Instrument" means this document, which is dated JANUARY, 11 2002 7
together with all Riders to this document,

{B) "Borrower" is BOMARD C. REMEDIOS AND ROBERTA KE. REMEDIOS, HUSBAND AND WIFE
AD EVAN C. REMEDIOS, A SINGLE PERSON

Borrower is the trustor under this Seeurity instrument.
(C) “Lender” is WELLS FARGO HOME MORTGAGE, INC.

Lender is a CORPORATION
organized and existing under the laws of THE STATE OF CALIFORNTA :

9694846

CALFORNIA.Single Family-Fennie Mne/Freddis Mac UNIFORM INSTRUMENT Form 3005 1/01

BQ 01a) e002

tae : ORR
nue MORTGAGE FORMING peoolEat.7261 ASE
TER.Lender's address is P-O. BOX 5137, DRS MOINES, IA 503065237

Lender 1s the beneficiary under this Security Instrument.

(D) “Trustee” is FIDELITY NATIOMAL TITLE INS CO

3100 8.%. MAIN, SUITE 400, IRVINE, CA 92714

(E) "Note" means the promissory note signed by Borrower and daed JANUARY 12, 2002

‘The Note siates that Borrower owes Lender TWO HUNDRED BEVENTX PIVE THOUSAND AND

90/100 Dollars

(U.S. $**9#275,000.00 } plus interest. Borrower hus promised to pay this debt in regular Periodic

Payments and to pay the debt in full not later than FEBRUARY 01, 2017

(F) "roperty" meen the propery cat fs desorbed below under the beading “Transfer of Rights in the
perty.*

(G) "Loan" means the debi evidenced by the Note, plus interest, any prepayment charges and late charges

due under the Note, and all sums due under this Security Instrument, plus interest.

(HD “Riders” meang all Riders to this Security Instrument that are executed by Bortower. The following

Riders are to be executed by Borrower (check box as applicable:

Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Famity Rider
VA Rider Biweskly Payment Rider Other(s) (specity]

(i “Applicable Law” means all controlling applicable federal, state and local statutes, regalations,
Ordinances aud administrative rules and orders (that have the effect of law) a8 well as alt applicable final,
not-appealable judicial opinions.

@) "Community Association Dues, Fees, and Assessments" mans all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.

(K) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initisted through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
of credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine teansactions, tansfers initiated by telephone, wire transfers, and mytomated cicaringhouse

iransters,

@) "Escrow Items" means those items that arc described in Section 3.

{M) "Miscelianeous Proceeds" means any compensation. setiicment. ward of damages, of proceeds paid
by any third party (other than insurance proveeds paid under the coverages described in Section 5) far: (i)
damage to, or destruction of, the Property; (ti} condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation: or {iv) misrepresentarions of, or omissions a4 to, the
value and/or condition of the Property.

4) “Mortgage Insurance" means insurance protecting |.ender against the nonpayment of, or default on,
the Loan,

(©) “Periodic Payment" means the regulariy acheduled amount duc for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.

(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implememing regulstion, Regulation X (24 C.F.R, Part 3500), as they might be amended from time to
‘time, or any additional or successor tegislation or regulation that governs the same subject matter, As used
in this Security tnstcument, "RESPA” refers ¢o all requirements and restrictions that ere imposed in regard

Bq ICA) 1008 Page 2 oF 18 eg Form 3008 1/01HO98024

to a “federally related mortgage loan” even if the Loan does not quality as a "federally related mortgage
Joan" under RESPA.

{Q) “Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
‘not that party has assumed Bostower’s obligations under the Note and/or this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

‘This Security Instrament secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower icrevocably grants and conveys 10
‘Trusize, in trust, with power of sale, the following described property located in the
counry . ofgaN FRANCISCO :

[ype of Reconting Sutiediction} [Name of Recording Jurisdiction)

Lot MO. 15, IN BLOCK NO. 2338-A, ACCORDING TO MAP ENTITLED, "MAP NO. 2,
OF PACIWIC TERRACE, SAN FRANCISCO, CALIFORNIA", FILED FEBRUARY 26, 1917,
TH BOOK “H" Oy MAPS, PAGES 62 AND 63, IN THE OFFICE OF THE RECORDER OF
THE CLTY AND COUNTY OF SAN FRARCIGCO, STATE OF CALIFORNIA.

TIS L& A PURCHASE MONEY SECURITY INSTRUMENT.

Parcel ID Number; 23344 005 which currently has the address of
526 CASTENADA AVENUE FSivect]
SAN FRANCISCO (Ciyl, California 94126 12ip Conte)

("Property Address”):

TOGETHER WITH all the mow of hereaficr cravied on the propery. and all
easements, appurtenances, and fixtures now or heresfter & part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the “Property.”

BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and lias
the right ¢0 grant and convey the Property and that the Property is unencumbered, except for encumbrances
of reverd. Borrower warrants and will defend generally the title to the Property against alt claims and
demands, subject to any encumbrances of record.

THIS SECURITY INSTRUMENT combites uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real

ye
UNIFORM COVENANTS, Borrower and Lender covenant and agree as fotlows:
1. Payment of Principal, Interest, Escrow Stents, Prepayment Charges. and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by dhe Note and any
Prepayment uharges and lave charges due under the Note. Borrower shall alsv pay funds for Escrow lems
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.

me
RER.

By HCA) 2000, Page ol 18 Form 3005 1/07currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument {s returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, a5
selected by Lender: (a) cash: (b) money order; (¢) certified check, bank check, treasurer's cheek or
cashier's check, provided any such check ls drawn unon an institution whose deposits are insured by 2
federal agency, instromentality, of entiny; or (0) Electronic Funds Transfer,

Payments are deemed received by Lender when received at the location designated in the Note or at
auch other tocation as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may retum any payment or partial payment if the payment or partial payments arc insufficlent to
bring the Loan current. Lender may accept any payment or partial payrnent insufficient to bring the Loan
current, without walver of any rights hereunder or prejudice to its rights to refuse such payment or partiat
payments in the future, bur Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unepplied funds ustil Borrower makes payment to bring
the Loan curtent. If Borrower does not do so within a reasonable period of time, Lender shall either apply
auch funds or return them (o Borrower. If not applied earlier, such funds will be applied to the outstanding
Principal balance under the Note immediately prior to foreciosure. No offset or claim which Borrower
might have tow or in the future against Lender shal! relieve Borrower from making payments duc under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.

2, Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and spplied by Lender shall be applied in the following order of priority; (a) interest
dut under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments
‘shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
‘shal! be applied firat to late charges, second to any other amounts duc under this Security Instrument, and
then w reduce the principal balance of the Now.

If Lender receives a payment from Bartower for = delinquent Pericdis; Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the tate charge. If more than one Periodic Payment is outstanding, Lender raay apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full, To the extent that any excess cxists after the payment is applied to the full payment of ane or
more Periodic Payments, such exceas may de applied to any late charges due, Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note,

Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend of postpone the dus daic, or change the amount, of the Periodic Payments.

3, Funds for Escrow ikems. Borrower shall pay to Lender on the day Periodic Payments are duc
under che Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of arnounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument a5 a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any: ) “Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
eclaic to health, safety or cavironmental protection: (c) “Environmental Cleanup” includes any response:
action, remedial action, or removal action, as defined in Environmental Law; and (@) an "Environmental
Condition” means a condition that can cause. contribute to, or otherwise wigger an Environmental
Cieanup.

Borrower shali not cause or permit the presence, use. disposal. storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shal! not do.
nor allow anyone elec to do, anything affecting the Properyy (a) thal ig m wiolaiion of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, of release of 2
Hazardous Substance, creates a condition that adversely affects the valur of the Propeny. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hezantous substatices in consumer products),

Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to. any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substence which adversely affects the value of the Property. If Borrower learns, or is notified
‘by any governmental or regulatory authority, or any privale party, that any removal or other remediation.
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
vemedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.

tes LOGE
B81) cx: Page 12 of 16 Form 3008 1/01HoS8014

right to reinstate after acceleration aud the right to bring a court action to assert the non-existence of
‘8 Gefauit or any other defense of Borrower to acceleration and sale. If che defauit is not cured on or
before the date specified in the motice, Lender at its option may require imutediate payment In full of
alt sums secured by this Security instrument without further detand amd may invoke the power of

parcels Trustee
Property by public srmonncement at the time and place of any previously scheduled sale. Lender
‘Trustee shalt deliver to the purchaser Trustee's deed conveying the Property without any

covenant or I of iraplied. The recitals in the Trustee's deed shall be prima facie
evidence of the truth af the statements made therein. Trustee shall the proceeds of the sale in
the following order: (a) to all expenses of the sale, including. but not limited tn, reaxnnable Trustee's

a reasonable fee for reconveying the Property, but only if the fee is paid to a third party (such as the
i is pevoitted wader Applicable Law. If the fee
ice ts conclusively presumed to be reasonable.

:
|
|
|

appolai

the office of the Recorder of the county in which the Property is focated. The instrament shall contain the
name of the original Lender, Trustee and Borrower, the book and page where this Security Instrument is
recorded and the name and address of the successor trustee, Without conveyance of the Property, the
altcceasar ttustee shall succeed to all the title, powers and dutics conferred upon the ‘Trustce hercin and by
Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of all other
provisions for substitution,

25. Statement of Obligation Fee. Lender may collect a fee mot to exceed the maximum amount
permitted by Applicable Law for furnishing the statement of obligation as provided by Section 2943 of the
Civil Code of California.

BR A10a1 000 Pon 3.0818 wm Ee Form 3005. 1/04HOS8014

BY SIGNING BELOW. Borrower accepts and. agrees to the terres and covenants contained in shis
‘Security Instrument and in any Rider executed by Borrower and recorded with it.

‘Witnesses:

Beibrsord Cl penwct 2% _ et

EDWARD C. REMEDIOS Borrower

sey Sexe’. Cece (Seal

Borrower: VAN C. REMEDIOS Burrower
{Seal) (Seal)
Borrower Borrower
{Sealy (Sealy
Borrower Borrower

Bysicay 10008) Puyo t4oh 18 Farm 3006 1/03On Seminny 17,2202. before ms, MA Du tien
SDWARD C. REMEDIOS AND ROBERTA E. REMEDIOS AND EVAN C. REMEDIOS

7 ly known to me
(or Proved i me on the basis of satistactory evidence) in be the person(s) whose numets) is/are subseribed
to within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) 0) i the person(s) or the entity
upon behalf of which the person(s) acted, executed the

WITNESS my hand and official seal.

EVA) 12008) Pope 18.08 15 “gs Form 3005 1/01ASTRAL ONIATAWHION = BLOez8 eon pez

NVA SONSH oriite saeimo we.

NNW SNOdSd 83 ONIX = (PISeED OELI00 seeer

GAUWISHHOF = s2tetD ‘eon aia

(SRIOLNVHEASRISNIMO ALUadOud S#FIDIOAM BVO 3DIOAM ANAORTY NBN ‘SS3MOTY SNTIVINSIANSS
uso OWE cur wy ‘$36V373¥ ONV SNSNLNGHAVE 35744 INSNOTaG

INVS 30 ALNNOD ONY ALIS
swonve, = gaquodayEXHIBIT CRECORDING REQUESTE!

'D BY
l
fies aneiinsoecee wea oe TA Heil

Vee. > San Frapelaey Mgesea
Sere heath et eee 15143-00
San Francisco, California 94116 t 2, PEB 28, 2002 14:44:01
THLPS | $12.48 mage 0533
REEL 082 I asET/i-2
L —
Esstow No, sosai26 - mam - UN
OSS176 SPACE ARQYE THIS UNE FOR RECORDERS USE ene
GRANT DEED syieyacos

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS. N/A

waineorporaieduee = [7] Ciyof San Francisco
computed cn the full value of the interest or property conveyed, oF is,

‘eximputea om the full value less the value of liens or encumbrances remaining at lime of sale. and
FOR A VALUABLE CONSIDERATION, rccvipt of which is hereby acknowledged,

Edward C. Remedios and Roberta BE. Remedios

hereby GRANT(S) to
Evan C, Remedios, An Unmarried Man

the fullowing described real property in the San Francisco
Countyof San Francisco , State of California:

LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AY REFERENCE
S26 CASTEAMDA AvENvEe
Shins Feawcsigce

a Sm Fae QS

a 25, 2002 x ec 2
STATEOF CALIFORNIA ot

COUNTY OF San Francisco ; ss, Edward C. Remedios
On _ February 25, 2902 etore me,

Mig McDowell Vidusig :
8 Notary Public In ang for eaid County and State, personally appeared
E . medio: Re E. a

Roberta £. Remedios

Personally known to me (or proved to me on the basis of satisfactory
Siders) to be the personis) whose name(s) is/are subscribed to the

within instrument and ecknowiedged to me that he/she/they @xecuted the
fame in his/ner/their authorized capacityGes), and that by his/her/their

Signatures} on the instrument the person{a, othe antty upon behalf of
ch the person(s} acted, ‘ha instrument.

Date Uy Cortimienton Expires FOR NOTARY SEAL OR STAMP
MB. TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING UNE IF NO PARTY SO SHOWN, MAK AS DIRECTED ABOVE

Ciy, Bae BePage 1

Escrow No. 6054126 -MEM 119143
LEGAL DESCRIPTION 8XHIBIT

CITY OF SAN FRANCISCO

LOT NO. i5, IN BLOCK NO, 2338-A, ACCORDING TO MAP ENTITLED, “MAP NO. 2, OF PACIFIC
TERRACE, SAN FRANCISCO, CALIFORNIA", FILED FEBRUARY 26, 1917, IN BOOK "H" OF MAPS,

PAGES 62 AND 63, IN THE OFFICE OF THE RECORDER OF THE CITY AND COUNTY OF SAN
FRANCISCO, STATE OF CALIFORNIA.

LOT 005, BLOCK 2348AEXHIBIT DRECORDING REQUESTED BY:
Stawart Thle of Callfarnia, ine. ins Francisca Rasanuer Sacer
AND WHEN RECORDED MAR TO: 7 Pd ote
Mr, and Mrs. Edward C. Remedios tea oeereee Title Company
526 Castenada Avenue » FUG oe 2002 ae 28:20
San Francisco, CA 94116 it ” he es.

205 ina Oz

lot ODS. Block 2348A = eae

Fide Cider Nos Tames i003
GRANT DEED

THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX Is SNONE

{x} computed on full vaiue of property conveyed, or
] computed on full value less vaiue of liens or encumbrances remaining at time of sale.

f

{ ] Unincomorated area {X] City of San Francisco AND

FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
Evan C. Remadios, an unmarried man

hereby GRANT (s) to:

Edward C. Remadios and Roberta E. Remedion, husband and wife and Evan C. Remedios, 2 single man,
ALL AS JOINT TENANTS

the real property in the City of San Francisco, County of San Francisco, State of Callfornia, described as:

LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT *A" AND MADE & PART HEREOF

Also Known as: 526 Castenada Avenue. Sen Francisco, CA 84116

AP#: Lot 6, Block 23384

DATED August 12, 2002
STATE OF CALIFORNIA
SOUNTY OF oT
Gn ne ae ee
Before me, _——
ee es in and for seid State, personally appeared
$ AREMENIAS

poreonslly-kraen-te-me—fee prot wad to me on tho basis of
satisfactory evidence) to be the Person(g} whose name(g
isfere subscribed to the within Instrument and acknowledged
fo me that he/shefthey executed the same in his/herthals
sutharized capacity(ies), and that by hisiherthelr signeture(s)
jon the instrument the parson}, or the entity upon behalf of
which the person(y) acted, executed the instrument.
WITNESS my hand and official seal.

secre Sosa Peusendh (7his avon for officiat notarial seal)
MAIL TAX STA PARTY SHOWN BELOW, IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE:

“\4223525 22004035

LEGAL DESCRIPTION

The land referred to herein is situated in the State of Califernia,
County of San Francisco, City of San Francisco, described as follows:

Lot No. 15, in Block No. 2338-A, According to Map entitled,
"MAP NO. 2, of Pacific Terrace, San Francisco, California",
filed February 26, 1917, in Book "H" of Maps, Pages 62 and 63,
in the office of the Recorder of the City and County of San
Francisco, State of California.

Lot 005, Block 2338 A
End of Legal Description

Continued on next page

-2-EXHIBIT ETac.
gy AA ae
a BOME MORTGAGE, j Peis Wed Ward, Assesser-fecerder
iH. DoC- 2002
3601 cceen! ma lecase 200 Tuseday. Hue 20 ean ears
Prepare Bye IRE he e018
= FARGO HOKE MORTGAGE, REEL 205 IMAGE a
oS1/TO71-16

1595 SPRUCE 87,, RIVERSIOE,
¢A 92506000
~-——— [Spree Abuve Tide Eine For Recording Data} ns

W200 4035 :
525 Castireade fy, DEED OF TRUST

DEFINITIONS

Words used in multipic sections of this document are defined below and other words are defined in
Sections 3. 11, 13, 18, 20 and 25. Certain mules regarding the usage of words used in this document are
also provided in Section 16.

(A) “Security instrument" means this docurnent, which is dated AUGUST 12, 2002

together with all Riders to this document.

(8) "Borrower" js BOWARD C. REHEDIOS AND ROSERTA E. REWEDIOS, HUSBAND AND WIFE
AND EVAN C. REMEDIOS, A SINGLE PERSO

Borrower is the trustor under this Security lastrument.
{C} "Lender" is WELLS YARGO HOME MORTGAGE, INC.

Lender is a CORPORATION
organized and existing under the laws of THE STATE OF CALIFORNIA

0689722
CALIFORNIA. Single Farnly Fannie Mien/Fraddie Mac UNIFORM INSTRUMENT Ferm 3005 1/01
By, 210A; 2000 bE

“IMP MOB TGAGE FORMS . (80016247251H223526

Lender's address is ?.0. BOX 5137, DES MOINES, TA 503065137

Lenger is the beneficiary under this Security instrument.

{B) “Trastes" is FIDELITY WATIONAL TITLE THB CO

2102 2.8. MAIN, SUITE 400, IRVINE, CA 92714

E) “‘Note® mwans the promissory note signed by Borrower and dated AUSUBT 12, 2002 7

‘The Note states that Borrower owes Lender TWO BUMDRED SEVENTY ONE THOUSAKD AND 00/100
Dollars

(U.S, $****271, 000.00 } plus interest. Borrower has promised to pay this debt in regular Perindic

Payments and to pay the debt in full nat later than SEPTEMBER O3, 2017 .

{F) "Property" means the property that is described betow under the heading “Transfer of Rights in the

Property.

{G) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and ali sums due under this Security Instrument, plus interest.

(f} “Riders” raeans al} Riders zo this Security Instrument that are executed by Borrower. The following
Riders are ¢o be executed by Borrower [check box as applicable}:

Adjustable Ratc Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider & 4 Biweekly Payment Rider ‘Other(s) [specify|

@ "Applicable Law" means all controlling applicable federal, statc and focal statutes. regulations,
ordinances and administrative miles ani ordets (that have the effect of law) as well as all applicable final,
non-appeniahle judicial opinions.
@ "Community Association Dies, Fees, and Amessuents” means all dues, tees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association o: similar organization.
(K} Electronic Funds Transfer" means any transfer of funds, other than g transaction originated hy
check. deaf, or similar papcr instrument, which is initiated shrough an electronic terminal, telephonic
instrument. computer, or magnetic tape 0 as to order, insiruct. or authorize a financis! institution to debit
‘or cregit 2n wccouni. Such term inctades, but is nut limited to, point-of-sale transfers, sutomated teller
machine transactions, transfers initiated by telephone, wire transfers. and automated clearinghoust
wansters.
4b) “Escrow Items" means those iteras that are described in Section 3.
(M) "Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid
‘by any third pany (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to. or destruction of, ibe Property: iii) condemnation or other taking of all or any pan of the
Property: (ii) conveyance in lieu of condemnation: ur (iv) misrepresentations oF, or omissions ax to, the
value and/or condition of the Property.
{N} "Mortgage Ineurance" means insurance protecting Lender against the nonpayment of, or defaakt on,
the Loan.
(G} "Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the
Note. plus (ii) any amounts under Section 3 of this Security Instrument.
(&) "RESPA" means the Reai Escate Seulement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter, As used
in this Security Instrument. “RESPA” refers to all reqpirements and reemicthogs thee are lnoscd in regard
Ee

ac
EEp 4:0) coos aga 2 ut 16, Te Form 3005 1/014223526

To a “federally selated morgage loan” yven if the Loan does not qualify as a “federally related mongaze
Yoan" under RESPA.

(Q) "Successor in Interest of Borrower" means any party that his taken tite to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures t¢ Lender: (i) the repayment of the Loan, and all renewals. extensions and
modifications of the Note; and (ii) the pertormance of Borruwer's covenants and agreements under this
Security Instrument and the Note, For this purpose, Bormwer irrevocably grants and conveys to
Trustee, in «ust. with power of sale, the following described property focated in the
counTy of 8aN FRANCISCO 3

SType of Recording Juriutiction) INune of Recording Jurisdiction)
PER LEGAL DESCRIPTION ATTACHED HERSOT AND MADE A PART HEREO?.

TAZ SCATEMERTS SHOULD BE SENT TO: WELLE FARGO HOME MORTGAGE, INC., P.O.
SOX 5137, DES MOINES, TA 503065137

Parcel 1D Number: LOT 005, BLOCK 23380 which currently has the address of
526 CASTENADA AVERUZ WSuree,
SAN FRANCISCO : {Cy}, California 94226 [ep Coded
4"Property Address):

TOGETHER WITH all the improvements now or hereafter erected on the property, and alt
easements, appurtenances. and tixtures now or hereafter a part of the property. Alt replacements and
addiuons shalt also be covered by this Security Instrument, AN of the foregoing is referred to in this
Security Instrument as the “Property.”

BORROWER COVENANTS that Borrower is lawfully scised of the estate hereby conveyed and hes
the right to grant and convey the Property and that the Property is unencumbered, except for cacuribrances
of record. Borrower warrants and will defend generally the title 10 the Property against all claims and
demaads, subject to any encumbrances of record,

THIS SECURITY INSTRUMENT combines uniform covenants for mational use and non-unitorm
‘covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real

UNIFORM COVENANTS. Borrower and Lender covenant and agree os tollows:
1. Payment of Principal. interest, Escrow Items, Prepayment Charges. and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced hy the Note and any
Prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow ftems
Pursuant io Section 3. Preeereeereeereereeeeeeeeeeee epee reece

GB 016.4) coo Page 3 of 15 Sete Form 3006 1/07H223526

currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
sclected by Lender: (a) cash: {b) money order; (c} certified check, bank check, treasurer’s check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency. instrumentality, or entity; or (d) Electronic Funds Transfer.

Payments are deemed received by Lender when received at the tocation designated in the Nove or at
‘such other focation as may be designaied by Lender in accordance with the notice provisions in Section 15.
Lender may return eny payment or partis! payment if the payment or partial paymwats are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, withow waiver of any rights hereunder or prejudice to its rights 10 refuse such payrnent or partial
Payments in the future, bat Lender is not obligated t0 apply such payments at the time such payments are
accepted. Wf cack Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unepplied funds until Borrower makes payment to bring.
ahe Loan current. If Borrower does uot do so within a reasonable period of time. Lender shall either apply
such funds or return chem to Borrower. If not applied earlier, such funds will be applied te the outstanding
principal balance under the Note immediately prior io foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenanis and agreements secursd by this Security
Instrument. 7

2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: {a) interest
due under the Note: (b) principal due under the Note; {c) amounts due under Section 3. Such payments
shati be applied to cach Periodic Payment in the order in which it became due. Any remaining amounts
shali be applied first te taic charges. second to any other amounts due under this Security Instrument. and
then to reduce the principal balance of the Note. .

if Lender receives @ payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount 10 pay any late charge due, the payment may be applied w the delinquent payment and
the fave charge. If more than une Periodic Payment is outstanding, Lender may apply any payment received
from Bornswer w the repayencat of the Periodic Payments if, and to the extent thei, cath payment can be
Paid in full. To tive extent thar any excess exists after the payment is applied to the full payment of one or
more Periodic Payments. such excess may be applied to any late charges duc. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.

Any application of payments. insurance proceeds, or Miscellaneous Proceeds to principal due under
the Nove shal! not extend or postpone the due date, or change the amount, of the Periodic Payments.

3. Funds for Escrow Iteuws. Borrower shall pay ro Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the “Funds") to provide for payment of amounis du:
for: (a} taxes and assessments and other items which can attain priority over this Security Instrument as 2
Hea ar encombrance on the Property; (b) leaschoid payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d} Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow
{tems.” At origination or at any time during the term of the Loan, Leader may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues. fess ani
asscasments shall be an Escrow Item, Borrower shall promptly fumish to Lender all notices of amounts to
be paid under this Section. Borrower shail pay Lender the Funds for Escrow hems untess Lender waives
Borrower's obligation to pay the Funds for any or all Escrow items. Lender may waive Borrower's
obligation 1 pay to Lender Funds for any or all Escrow ttems at any time. Any such waiver may only be

4,

Be

BB s1ca1 oon Page 4 ut 15 ea Form 3008 7/01223526

in writing. [0 the event of such waiver. Borrower shali pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Leader and, if Lender requires,
Shalt furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shal} for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agrecment”
is used in Section 9. If Borrower is obligated 10 pay Escrow items directly, pursuant to a waiver, aod
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount aud Birrower shail then be obligated under Section 9 to repay to Lender any such
amount, Lender may evoke the waiver as to any or all Escrow Items at eny time by a notice given in
accordance with Section 15 and. upon such revocation, Borrower shalt pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.

Lender may, af any time. collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds st the time specified under RESPA, and (b) not to exceed the maximum amount a lender enn
require under RESPA. Lender shal! estimate the amount of Funds due on che basis of current data and
reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable
Law. :

The Funds shall be held in an institution whose deposits are insured by a federal agency.
instrumentality. or entity (including Lender, if Lender is an institution whose deposits are so insured) of in
any Federal Home Loan Bank. Leader shall apply the Funds to puy the Escrow Kems no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying she Funds. annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest un the
Fonds and Applicabie Law permits Lender co make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any iateres: or earnings om the Funds. Borrower and Lender can agree in writing, however, that interes!
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Pands as required by RESPA.

If there is 2 surplus of Funds held in escrow, as defined under RESPA, Lender shall account t
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 32
monthly payments. Ii there is a deficiency of Funds held in escrow, es defined urider RESPA, Lender shali
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than i2 monthly payments.

‘Upon payment in full of all sums secured by ehis Security Instrument, Lender shalt promptly refund
to Borrower any Funds held by Lender.

4, Charges; Liens, Borrower shall pay all taxes. assessments, charges, fines, and impositions
attributable to the Property which can sitain priority over this Security Instrument, ieasehold payments or
gtcund rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shail pay ther in the manner provided in Section 3.

Borrower shall prompily discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
40 Lender, but only so long as Borrower is performing such agreement; {b) contests the lien in good faith
by, or defends against enforcement of the lien in, legat proceedings which in Lender's opinion opsratc to
prevent the enforcement of the lien while those proceedings are pending, hut only until such proceedings
are concluded: or (c) secures from the holder of the Hien at agreement satisfactory to Lender sabordinating
the Tien co this Security Instrument, If Lender determines that any part of the Property is subject to 2 lieu
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the

a

{rdtreta:, a
BQ,v1ca1 0008; Page 5 ut 15 Form 3005 1/01223526

lien, Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take onc or
more of the actions set forth above in this Section 4.

Lender may require Borrower 19 pay a one-time charpe for 2 real estate tax verification and/or
reporting service used by Lender in connection with this Loan,

S. Property Insurance. Borrower shall the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term “extended coverage,” and any

payment of ay Ses inpossl by the Feleed) Emergency ‘Manegenon Apeney i comeenioa wih the
paymem of any the sy Management Agency in conaection witl
review of any flood zone dewrminarion resutting frou an objection by Borrower.

W Borrower fails to maimain any of the coverages described above, Lender may obtain insurance

‘and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such voverage shall cover Lender, but might or might
Pot protect Somower, Borrower's equity in the Property. of the contents of the Property. aginst any risk,
hazard or Hiability and might provide gremer or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed hy Lender under this Section 5 shalt
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear imerest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.

All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right « disapprove such policies. shall include a standard mortgage clanse, and shall name Lender as
mortgagee and/or as an additions] loss payce and Borrower further agrees to generally ossign rights to
insurance to the holder of the Note up to the umount of the outstanding loun balance, Lender shal}
have the right to bold the policies and renewal certificates. If Lender requires, Borrower shall promptly
give to Lender all receipts of paid premiums and renewal notices. Hf Borrower obtains any form of
insurance coverage, Tot otherwise required by Lender, for damage to, or destruction of, the Property, such
poticy shall include a standard mortgage clause and shall name Lender as mortgagee and/or ss an additionat
{oss payce and Borrower further agvees to gencraily assign rights to insurance procecds to the holder of the
Note up fo the amount of the outstanding foan balauce.

In the event of foss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender

Borrower.

‘be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not tessened. Ducing such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided thar such inspection shall be underiaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
Of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters. or other third parties, retained by
Borrower sliall not be paid aut of the insurance proceeds and shal] be the sole obligation of Borrower. If
«be restoration or repair is not economically feasible ar Lender's security would be lessened. the insorance
proceeds shail be applicd to the sums secured by this Security Instramem, whethes or not then due, with

ite.

BB ;21CA2 12000, rege oF 18 " Form 2005 1/01W223526

ibe exouss, if any. paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2,

{f Borrower abandons the Property. Lender may file, negotiate and scttle any available insurance
claim and relaed matters. If Borrower does nat respond within 30 duys to a sotice from Lender thet the
insurance catrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In elther event. or if Lender acquites the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to excced the amounts unpaid under the Note or this Security Instrument. ane
ib) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by
Borrower} under all insurance policies covering the Propcrty. insofar as such rights we applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
10 pay amoutits unpaid under the Note or this Security Instrument, whether ot not then due,

6. Occupancy. Borrower shail occupy. establish, and use the Propeny as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall ccmtinue to occupy the
Property as Borrower's principal residence for at least one year after the date of ovcupancy, unless Lender
otherwise agrees in writing, which consent shall mot be unreasonably withheld, or unless exteruating
circumstantes exist which are beyond Borrower's control.

7. Preservation, Maintenance aud Protection of the Property; inspections. Borrower shal? not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintains the Property in
erder 10 prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 thst repair or restoration is not economically feasible. Borrower shall
Promptly repair the Property if damaged to avoid further deterioration or damage. Hf imsurance or
condemnation proceeds are, paid in connection with damage to, or the taking of, the Property. Borrower
‘shall be cesponsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes, Lender may disburse proceeds for the repairs and testoration in a single payment or in a series of
Progress payments as the work is completed. If the insurance or condemnation proceers are not sufficicat
te repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
stich repair or restoration.

Lender or its agent may make reasovable entries upon and inspevtions of the Property. If it hax
reasonable cause, Lender may inspect the