Preview
C IV-1 30
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
- Raymond L. Sandelman SBN 078020 Superior Court or Guiana
Attorney at Law CwnIiI'uIEIuIIe
196 Cohasset Road, Suite 225
Chico, CA 95926—2284
TELEPHONE No,:(530) 343-5090 FAX NO, (Optional):(530) 343-5091
1/28/2022
E-MAIL ADDRESS (OptionaU: Raymond@sandelmanlaw.com
ATTORNEY FOR (Name): Wayne A. Cook, Trustee Gent
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
DEF:
STREET ADDRESS: 1775 Concord Avenue jam,
WFJLED
MAILING ADDRESS: 1775 Concord Avenue
CITY AND ZIP CODE: Chico, CA 95928
BRANCH NAME: North Butte County Courthouse
PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee of the Wayne A.
Cook 1998 Family Trust dated 12/29/98
DEFENDANT/RESPONDENT: Edward F. Niderost, et al.
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT
20CV00905
OR ORDER
(Check one): [Z] UNLIMITED CASE 1:] LIMITED CASE
(Amount demanded (Amount demanded was
exceeded $25,000) $25,000 or less)
TO ALL PARTIES:
1. A judgment, decree, or order was entered in this action on (date): January 20, 2022
2. A copy of the judgment. decree, or order is attached to this notice.
Date: January 28, 2022
RaymondLfianfielman
(TYPE OR PRiNT NAME OF El ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE)
Page 1 of 2
Form Approved foro tionaLUse
Judicial Council of aiifornia
NOTICE OF ENTRY OF JUDGMENT 0R ORDER www.coun‘in!o.ca.gov
CiV-130 [New January 1, 2010]
T ' Essential
3
Cook
IEiFormsw
ClV-130
PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee of the Wayne A. CASE NUMBER:
Cook 1998 Family Trust dated 12/29/98 20CV00905
DEFENDANT/RESPONDENT: Edward F. Niderost, Individually and as Trustee of
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF ENTRY OF JUDGMENT OR ORDER
(NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served
the notice must complete this proof of service.)
1. Iam at ieast 18 years old and not a party to this action. am a resident of or employed in the county where the mailing took
I
place, and my residence or business address is (specify):
196 Cohasset Road, Suite 225, Chico, CA 95926-2284
2. l served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage
fully prepaid and (check one):
a. D
deposited the sealed envelope with the United States Postal Service.
b. m placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which l am readily familiar. On the same day correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service.
3. The Notice of Entry of Judgment or Order was mailed:
a. on (date): January 28, 2022
b. from (city and state): Chico, CA
4. The envelope was addressed and mailed as follows:
a. Name of person served: c. Name of person served:
Leland, Morrissey & Knowles LLP Raoul J. LeClerc
Street address: 1660 Humboldt Road, Suite 6 Street address: Post Office Drawer 111
City: Chico City: Oroville
State and zip code: CA 95928 State and zip code: CA 95965
b. Name of person served: Name of person served:
Law Office of Larry G. Lushanko Amy E. Starrett, Esq.
Street address: 1241 E Mission Rd. Street address: 5 First American Way
City: Fallbrook, CA City: Santa Ana,
State and zip code: CA 92028 State and zip code: CA 92707
D Names and addresses of additional persons served are attached. (You may use form POS-O30(P).)
5. Number of pages attached 1..____.
l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: January 28, 2022
Wendy Hny
(TYPE 0R PRINT NAME 0F DECLARANT) (SlGNATé‘éE OF DEC w/
ANT)
Page 2 of 2
ClV-130 [New January ‘i, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER
'
CFLB Essential
,
j14mg
cebmom 7..) Cook
1/11/2022
Raymond L. Sandelman SBN 078020
Superior Com Of California
Attorney at Law F County of Butte
F
196 Cohasset Road, Suite 225 I 1
Chico, CA 95926—2284 L 1/2 0/2022 L
(530) 3436090 / (530) 343-5091 (FAX)
E E
Email2Raymond@sandelman1aw.com Sham malZah,CEer§<
D D
Raoul I. LeCIerc SBN 39228
By . 24% Deputy
Attorney at Law
Post Office Drawer 111
Oroville, CA 95965
(530) 533—5661
Attorneys for Wayne A. Cook, individually
and as Trustee of The Wayne A. Cook 1998
10
Family Trust Dated 12/29/98, and Gene Culley
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
IN AND FOR THE COUNTY OF BUTTE
13
WAYNE A. COOK, TRUSTEE OF THE NO: 20CV00905
14 WAYNE A. COOK 1998 FAMILY
TRUST DATED 12/29/98:
15 JUDGMENT AND DEGREE
Plaintiff, FOR JUDICIAL FORECLOSURE OF DEED
16 vs. OF TRUST, AND FOR CROSS»
17 DEFENDANTS ON THE SECOND
EDWARD F. NIDEROST, AMENDED CROSS COMPLAINT OF
18 1
INDIVIDUALLY AND As TRUSTEE OE JOHN DENTON, CONSERVATOR AND
THE EDWARD F. NIDEROST SUCCESSOR TRUSTEE AGAINST
19 REVOCABLE LIVING TRUST DATED WAYNE COOK INDIVIDUALLY AND AS
20 NOVEMBER 8, 1993, DOES 1 TRUSTEE OF THE WAYNE A. COOK 1998
THROUGH 10, FAMILY TRUST AND GENE CULLEY,
21 AKA RONALD EUGENE CULLEY
D efendants.
22 /
23
EDWARD F. NIDEROST,
24 INDIVIDUALLY AND AS TRUSTEE OF
THE EDWARD F. NIDEROST
25 REVOCABLE LIVING TRUST DATED
26
NOVEMBER 8, 1998, DOES I THROUGH
10,
27
Cross-Complainants,
28 vs.
7
JUDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUS AND FOR CROSS
T,
J
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN BENTON, CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A.
COOK 1998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CULLEY
Electronical y Filed
1
WAYNE A. COOK, TRUSTEE OF THE
WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/2 9/9 8, LAWRENCE
PATTERSON; GENE CULLEY, MID
VALLEY TITLE AND ESCROW
COMPANY, and ROES through 25,
1
inclusive.
Cross~Defendants
10
2234
11 This came on regularly for trial on Apri 5, 6, 7, and 8,
Conssssr ROAD, Sum-z 225, CHICO, CA 95926-
cause l May 18 and 19, June 8, 10,
(530) 343-5090 I (530) 343-5091 (FAX)
12 August 169, 26, and September 16, 2021, in Department 1 of the above—entitled court, the Honorable
RAYMOND L. SANDELMAN
Tamara Mosbarger, Judge of the Superior Court, sittin without a
ATTORNEY AT LAW
13
g jury, the right to a jury having
l4 been waived. Wayne A. Cook, individually and as Trustee of The Wayne A, Cook 1998 Family
15 Trust, appeared by his counsel, Raymond L. Sandelman. John Denton in his capa as Conservator
city
16 of the Estate of Edward Niderost and» as Successor Trustee of Edward F. Niderost Revocable
Living
l7 Trust Dated November 8, “£933 abpeared by his counsel Sara M. Knowles,
Esq. of Leland,
196
18 Morrissey & Knowles, LLP. Gene Culley, aka Ronald Eugene Culley, appe
ared by his counsel
19 Raoul J. LeClerc. Evidence was presented by the parties and the cause was submitted for decision.
20 John Denton as Conservator of the Estate of Edward Niderost
and as Successor Trustee of Edward
21 F. Niderost Revocable Living Trust Dated November 8,1893% [rednested a statement of decisiOn. On
22 November 19, 2021 the Court issued a Preposed Statement of Decision. On December 2021 John
8,
23 Denton as Conservator of the Estate of Edward Niderost and as Successor Trustee of Edward F.
24 Niderost Revocable Living Trust Dated November 8, 1988 filed
Objections to the Proposed
25 Statement of Decision. On December 14, 2021 Wayn A. Cook,
e individually and as Trustee of The
26 Wayne A. Cook 1998 Family Trust, and Gene Culley aka Ronald Eugene Culley filed a Response
issued
27 to Objections to the Proposed Statement of Decision. On December
21, 2021 the Court issue its
28 Statement of Decision.
2
JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS-
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN DENTON. CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A.
COOK I998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CULLEY
1 IT IS ORDERED, ADIUDGED AND DECREED that:
1. On February 28, 2020, Edward F. Niderost, Trustee of The Edward F. Niderost
Revocable Living Trust Dated November 8, 1998 delivered to Matthew N.
Pine, MD 401K Plan a
promissory note dated February 18, 2020 in the amount of $500,000. Edward F. Niderost, Trustee
of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 also delivered to
Matthew N. Fine, MD 401K Plan a deed of trust to secure
payment of the $500,000 promissory
note. The deed of trust was recorded on February 28, 2020 in the Official Reco
rds of the County of
Butte as Document No. 2020—0009600. On March 31, 2020 Matthew N.
Fine, MD 401K Plan
assigned to Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust, all of Matthew N.
10 Fine, MD 401K Plan’s rights in the $500,000 promissory note and the deed of trust. The
assignment
225, CHICO, CA 95926-2284
11 of the deed of trust was recorded on April 16, 2020 in the Official Records of the of Butte
County
(530) 343—5090 / (530) 343-5091 (FAX)
12 as Document No. 2020-0015736. John Denton as Conservator of the Estate of Edward Niderost and
RAYMOND L SAND LMAN
as Successor Trustee of Edward F. Niderost Revocable Living Trust Dated November 8, 1:933
ATTORNEY AT Law
13
14 defaulted in the payment obligation spec
ified in the $500,000 promissory note. As of October 29,
196 COHASSET ROAD. Sums
15 2021 the amount of the indebtedness owed by John Denton as Conserv
ator of the Estate of Edward
16 Niderost and as Successor Trustee of Edward F. Niderost Revocable
Living Trust Dated November
17 8, 1988 was $553,728.36 (plus 7% interest on $500,000.00 from October 29, 2021 to date of the
18 judgment in the sum of $ 7,958.90 )_
19 2. The real prOperty hereafter described will be sold in the manner
prescribed by law by the
20 levying officer on proper application for issuance of a writ of sale to the levying officer. Any
party
21 to this action may purchase at the sale.
22 3. From the proceeds of sale, the levying officer will
pay to Plaintiff Wayne A. Cook, Trustee
23 of The Wayne A. Cook 1998 Family Trust Cook, after dedu
cting costs (Code Civ. Proc., § 1033.5)
24 as provided in Paragraph 9 below, and
expenses of the levy and sale, the sum of $553,728.36, (plus
25 7% interest on $500,000.00 from October 29, 2021 to date of the
judgment in the sum of
26 $ 7 958.90 ). together with interest at the annual rate of 10% from the date of this judgmen
t.
27 4. If any surplus remains after making the
payments specified in Paragraph 3, the surplus
28 shall be deposited with the clerk pursuant to Code of Civil Procedure section 727; the Court will
3
JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROS
S—
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN DENTON, CONSERVATO AND
R
SUCCESSOR TRUSTEE AGAINST WAYNE COOK. INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A.
COOK 1998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CULLEY
l then determine who is entitled to
any of the surplus.
5. If any deficiency remains after making the paym
ents specified in Paragraph 3, Plaintiff
may move the Court pursuant to Code of Civil Procedure section 726 subdivision
(b) for a deficiency
judgment against John Denton as Conservator of the Estate of Edward Niderost and as Successor
Trustee of Edward F. Niderost Revocable
Living Trust Dated November 8, 1988.
6. From and after delivery of the deed
by the levying officer to the purchaser at the sale,
defendants and all pers
ons claiming under them after execution of the deed of trust recorded on
February 28, 2020 in the Official Records of the County of Butte as Document No.
2020-0009600,
as lien claimants, judgmen creditors claimants under a
t , junior deed of trust or mortgage, purchasers,
10 encumbrancers, or otherwise, are barred and foreclosed from all
rights, claims, interests, or equity
225. CHICO, CA 95926-2284
11 of redemption in the property encumbered
by the deed of trust when time for redemption has elapsed.
(FAX)
12 7. The property that is the subj
ect of this judgment and decree is commonly known as 2185
RAYMOND L. SANDELMAN
(530) 343 4090 I (530) 343-509 l
ATTORNEY AT Law
13 Esplanade, Chico, Butte County, California, Butte County Assessor’s Parcel No. 006120
003000
I4 and is more particularly described as:
396 Comsser ROAD. Sums
15
A PORTION OF RANCHO ARROYO CHICO LYING WEST OF THE
16
SHASTA ROAD (US 99E) AND NORTH OF LINDO CHANNEL AND NORTH
l7 OF THE NORTHERLY BOUNDARY OF BIDWELL COUNTY
PARK, AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
18 BEGINNING AT AN IRON PIPE ON THE WESTERLY SIDE OF SAID
SHASTA ROAD, SOUTH 36° 15‘ EAST, 1096.65 FEET ALONG THE
WESTERLY SIDE OF THE SHASTA ROAD FROM A CONCRETE MONUM
ENT
AT THE MOST EASTERLY CORNER OF LOT 2, AS SHOWN ON THAT
CERTAIN MAP ENTITLED, “REED PARK UNIT NO. 1“, WHICH MAP WAS
RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, IN BOOK 18 OF MAPS, AT PAGE(S)
35;
THENCE FROM SAID POINT OF BEGINNING RUNNING SOUTH 36° 15' EAS T
ALONG THE WESTERLY LINE OF SAID SHASTA ROAD, A DISTAN OF
CE
520.0 FEET TO A POINT ON THE NORTHERLY BOUND
ARY OF BIDWELL
COUNTY PARK, MARKED BY A CHISELED CROSS ON CONCRE
TE
RETAINING WALL; THENCE ALONG SAID NORTHERLY BOUNDA OF
RY
BIDWELL COUNTY PARK THE FOLLOWING SIX COURSES AND
DISTANCES: SOUTH 87° 10' WEST, 275.0 FEET TO A POINT; THENCE
NORTH 85° 03' WEST, 63.2 FEET TO AN IRON PIPE AT AN ANGLE IN THE
SOUTHERLY SIDE OF A CONCRETE RETAINING WALL; THENCE ALONG
THE SOUTHERLY SIDE OF SAID WALL NORTH 74° II‘WEST 62.1 FEET TO
,
JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSUR OF DEED OF
E TRUST, AND FOR CROSS—
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN
BENTON. CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS
TRUSTEE OF THE WAYNE A.
COOK I998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE
CULLEY
AN ANGLE IN SAID WALL; THENCE ALONG SAID WALL NORTH 64° 19'
WEST, 69.1 FEET TO AN ANGLE IN SAID WALL; THENCE ALONG SAID
WALL NORTH 49° 28' WEST 40.5 FEET TO THE END OF SAID
WALL;
THENCE NORTH 36° 52' WEST, 177.70 FEET TO AN IRON THE
PIPE; NCE
LEAVING THE SAID NORTHERLY BOUNDARY OF BIDWELL COUNTY
PARK, NORTH 53° 45' EAST, 359.07 FEET TO THE POINT OF BEGINNING.
8. John Denton in his capacity as Conservator of the Estate of
Edward Niderost and as
Successor Trustee of Edward F. Niderost Revocable
Living Trust Dated November 8,1138988 shall
take nothing on his Second Amended Cross
Complaint for all claims against Wayne Cook,
individually and as Trustee of The Wayne A. Cook 1998 Fam Trust Dated 12/2
ily 9/98, and for all
10 claims against Gene Culley, aka Ronald
Eugene Culley, except for claims relating to real property
Sum: 225, Cmco, CA 95926-2284
11 known as 14174 Racine Court, Magalia, Californi a 2011
a, Toyota truck, and a 2011 Fleetwood
(330) 343-5090 I (530) 343-5091 (FAX)
12 Southwind, VIN: 1F66F5DY1BOAO3212, which claims are not the
subject of this Judgment.
RAYMOND L. SANDELMAN
9. Plaintiff and Cross—Defendant Way A. Cook, Trustee of The Wayne A. Cook 1998
AUORNEY AT Law
13 ne
14 Family Trust, is awarded costs (Code Civ. Proc., §1033.5) against John Denton, C0nservator of the
15 Estate of Edward F. Niderost and John Denton, Successor Trustee
of The Edward F. Niderost
196 COHASSET ROAD,
16 Revocable Living Trust Dated November 8, 1998 in the sum of
$ TBD* with respect to the
17 litigation concerning the $500,000 secured by a deed of trust described in Para
graph 1
supra.
18 10. Cross~Defendant Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Fam Trus
ily t,
19 is awarded costs (Code Civ. Proo, §103
3.5) against John Denton, Conservator of the Estate of
20 Edward F. Niderost and John Dcnton, Successor Trustee of The Edw
ard F. Niderost Revocable
21 Living Trust Dated November 8, 1998 in the sum of $ TBD" with respect to the litigation
22 concerning the $674,062.39 promissory note secured by a deed of trust recorded on
February 28,
23 2020 in the Official “Records of the County of Butte as Document No. 2020
—0009601.
24 11. Cross-Defendant Wayne A. Cook, individually is awarded costs (Code Civ. Proc.,
I
25 §1033.5) in the sum of $ TBD* against John Denton, Conservator of the Estate of Edward F.
26 Niderost and John Denton, Successor
Trustee of The Edward F. Niderost Revocable Living Trust
27 Dated November 8, 1998 in—thesum—of'fi'o
28 12. Cross-Defendant Gene Culley, aka Ronald
Eugene Culley, is awarded costs (Code Civ.
5
JUDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF
TRUST, AND FOR CROSS-
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN BEN
TON, CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE
OF THE WAYNE A.
COOK 1998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CUL
LEY
1 Proo, § 1033.5) against John Danton, Conservator of the Estate of Edward F. Niderost and John
Demon, Successor Trustee of The Edward F. Niderost Revocable
Living Trust Dated November 8,
1998 in the sum of $ *TBD _
*Costs are to be determined pursuant To Cai. Rules of Court, Rule 3.1700.
Dated: 1/20/2022
/
Judge Bf the Superior Court
TAMARA L. MOSBARGER
10
Sums 225. Cuvco. CA 95926-2284
11
(530) 343-5090/(530) 343-5091 (FAX)
12
L. SANDELMAN
13
Arromev AT LAW
14
RAYMOND
15
196 COHASSET ROAD,
16
17
18
19
20
21
22
23
24
25
26
27
28
6
JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED OF TRU
ST. AND FOR CROSS-
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN DEN
TON, CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE OF THE
WAYNE At
COOK I998 FAMILY TRUST AND GENE CULLEY. AKA RONALD EUGENE CULLEY
Approved as to form:
Dated: ”(mama ‘l. 7’51?“
Raoul J. LeClerc
Attorney for Gene Culley aka Ronald Eugene
Culley
Leland, Morrissey & Knowle
Preview
C IV-1 30 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY - Raymond L. Sandelman SBN 078020 Superior Court or Guiana Attorney at Law CwnIiI'uIEIuIIe 196 Cohasset Road, Suite 225 Chico, CA 95926—2284 TELEPHONE No,:(530) 343-5090 FAX NO, (Optional):(530) 343-5091 1/28/2022 E-MAIL ADDRESS (OptionaU: Raymond@sandelmanlaw.com ATTORNEY FOR (Name): Wayne A. Cook, Trustee Gent SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE DEF: STREET ADDRESS: 1775 Concord Avenue jam, WFJLED MAILING ADDRESS: 1775 Concord Avenue CITY AND ZIP CODE: Chico, CA 95928 BRANCH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee of the Wayne A. Cook 1998 Family Trust dated 12/29/98 DEFENDANT/RESPONDENT: Edward F. Niderost, et al. CASE NUMBER: NOTICE OF ENTRY OF JUDGMENT 20CV00905 OR ORDER (Check one): [Z] UNLIMITED CASE 1:] LIMITED CASE (Amount demanded (Amount demanded was exceeded $25,000) $25,000 or less) TO ALL PARTIES: 1. A judgment, decree, or order was entered in this action on (date): January 20, 2022 2. A copy of the judgment. decree, or order is attached to this notice. Date: January 28, 2022 RaymondLfianfielman (TYPE OR PRiNT NAME OF El ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE) Page 1 of 2 Form Approved foro tionaLUse Judicial Council of aiifornia NOTICE OF ENTRY OF JUDGMENT 0R ORDER www.coun‘in!o.ca.gov CiV-130 [New January 1, 2010] T ' Essential 3 Cook IEiFormsw ClV-130 PLAINTIFF/PETITIONER: Wayne A. Cook, Trustee of the Wayne A. CASE NUMBER: Cook 1998 Family Trust dated 12/29/98 20CV00905 DEFENDANT/RESPONDENT: Edward F. Niderost, Individually and as Trustee of PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER (NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served the notice must complete this proof of service.) 1. Iam at ieast 18 years old and not a party to this action. am a resident of or employed in the county where the mailing took I place, and my residence or business address is (specify): 196 Cohasset Road, Suite 225, Chico, CA 95926-2284 2. l served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): a. D deposited the sealed envelope with the United States Postal Service. b. m placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which l am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. 3. The Notice of Entry of Judgment or Order was mailed: a. on (date): January 28, 2022 b. from (city and state): Chico, CA 4. The envelope was addressed and mailed as follows: a. Name of person served: c. Name of person served: Leland, Morrissey & Knowles LLP Raoul J. LeClerc Street address: 1660 Humboldt Road, Suite 6 Street address: Post Office Drawer 111 City: Chico City: Oroville State and zip code: CA 95928 State and zip code: CA 95965 b. Name of person served: Name of person served: Law Office of Larry G. Lushanko Amy E. Starrett, Esq. Street address: 1241 E Mission Rd. Street address: 5 First American Way City: Fallbrook, CA City: Santa Ana, State and zip code: CA 92028 State and zip code: CA 92707 D Names and addresses of additional persons served are attached. (You may use form POS-O30(P).) 5. Number of pages attached 1..____. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: January 28, 2022 Wendy Hny (TYPE 0R PRINT NAME 0F DECLARANT) (SlGNATé‘éE OF DEC w/ ANT) Page 2 of 2 ClV-130 [New January ‘i, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER ' CFLB Essential , j14mg cebmom 7..) Cook 1/11/2022 Raymond L. Sandelman SBN 078020 Superior Com Of California Attorney at Law F County of Butte F 196 Cohasset Road, Suite 225 I 1 Chico, CA 95926—2284 L 1/2 0/2022 L (530) 3436090 / (530) 343-5091 (FAX) E E Email2Raymond@sandelman1aw.com Sham malZah,CEer§< D D Raoul I. LeCIerc SBN 39228 By . 24% Deputy Attorney at Law Post Office Drawer 111 Oroville, CA 95965 (530) 533—5661 Attorneys for Wayne A. Cook, individually and as Trustee of The Wayne A. Cook 1998 10 Family Trust Dated 12/29/98, and Gene Culley 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 IN AND FOR THE COUNTY OF BUTTE 13 WAYNE A. COOK, TRUSTEE OF THE NO: 20CV00905 14 WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98: 15 JUDGMENT AND DEGREE Plaintiff, FOR JUDICIAL FORECLOSURE OF DEED 16 vs. OF TRUST, AND FOR CROSS» 17 DEFENDANTS ON THE SECOND EDWARD F. NIDEROST, AMENDED CROSS COMPLAINT OF 18 1 INDIVIDUALLY AND As TRUSTEE OE JOHN DENTON, CONSERVATOR AND THE EDWARD F. NIDEROST SUCCESSOR TRUSTEE AGAINST 19 REVOCABLE LIVING TRUST DATED WAYNE COOK INDIVIDUALLY AND AS 20 NOVEMBER 8, 1993, DOES 1 TRUSTEE OF THE WAYNE A. COOK 1998 THROUGH 10, FAMILY TRUST AND GENE CULLEY, 21 AKA RONALD EUGENE CULLEY D efendants. 22 / 23 EDWARD F. NIDEROST, 24 INDIVIDUALLY AND AS TRUSTEE OF THE EDWARD F. NIDEROST 25 REVOCABLE LIVING TRUST DATED 26 NOVEMBER 8, 1998, DOES I THROUGH 10, 27 Cross-Complainants, 28 vs. 7 JUDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUS AND FOR CROSS T, J DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN BENTON, CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CULLEY Electronical y Filed 1 WAYNE A. COOK, TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST DATED 12/2 9/9 8, LAWRENCE PATTERSON; GENE CULLEY, MID VALLEY TITLE AND ESCROW COMPANY, and ROES through 25, 1 inclusive. Cross~Defendants 10 2234 11 This came on regularly for trial on Apri 5, 6, 7, and 8, Conssssr ROAD, Sum-z 225, CHICO, CA 95926- cause l May 18 and 19, June 8, 10, (530) 343-5090 I (530) 343-5091 (FAX) 12 August 169, 26, and September 16, 2021, in Department 1 of the above—entitled court, the Honorable RAYMOND L. SANDELMAN Tamara Mosbarger, Judge of the Superior Court, sittin without a ATTORNEY AT LAW 13 g jury, the right to a jury having l4 been waived. Wayne A. Cook, individually and as Trustee of The Wayne A, Cook 1998 Family 15 Trust, appeared by his counsel, Raymond L. Sandelman. John Denton in his capa as Conservator city 16 of the Estate of Edward Niderost and» as Successor Trustee of Edward F. Niderost Revocable Living l7 Trust Dated November 8, “£933 abpeared by his counsel Sara M. Knowles, Esq. of Leland, 196 18 Morrissey & Knowles, LLP. Gene Culley, aka Ronald Eugene Culley, appe ared by his counsel 19 Raoul J. LeClerc. Evidence was presented by the parties and the cause was submitted for decision. 20 John Denton as Conservator of the Estate of Edward Niderost and as Successor Trustee of Edward 21 F. Niderost Revocable Living Trust Dated November 8,1893% [rednested a statement of decisiOn. On 22 November 19, 2021 the Court issued a Preposed Statement of Decision. On December 2021 John 8, 23 Denton as Conservator of the Estate of Edward Niderost and as Successor Trustee of Edward F. 24 Niderost Revocable Living Trust Dated November 8, 1988 filed Objections to the Proposed 25 Statement of Decision. On December 14, 2021 Wayn A. Cook, e individually and as Trustee of The 26 Wayne A. Cook 1998 Family Trust, and Gene Culley aka Ronald Eugene Culley filed a Response issued 27 to Objections to the Proposed Statement of Decision. On December 21, 2021 the Court issue its 28 Statement of Decision. 2 JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS- DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN DENTON. CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A. COOK I998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CULLEY 1 IT IS ORDERED, ADIUDGED AND DECREED that: 1. On February 28, 2020, Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 delivered to Matthew N. Pine, MD 401K Plan a promissory note dated February 18, 2020 in the amount of $500,000. Edward F. Niderost, Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 also delivered to Matthew N. Fine, MD 401K Plan a deed of trust to secure payment of the $500,000 promissory note. The deed of trust was recorded on February 28, 2020 in the Official Reco rds of the County of Butte as Document No. 2020—0009600. On March 31, 2020 Matthew N. Fine, MD 401K Plan assigned to Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust, all of Matthew N. 10 Fine, MD 401K Plan’s rights in the $500,000 promissory note and the deed of trust. The assignment 225, CHICO, CA 95926-2284 11 of the deed of trust was recorded on April 16, 2020 in the Official Records of the of Butte County (530) 343—5090 / (530) 343-5091 (FAX) 12 as Document No. 2020-0015736. John Denton as Conservator of the Estate of Edward Niderost and RAYMOND L SAND LMAN as Successor Trustee of Edward F. Niderost Revocable Living Trust Dated November 8, 1:933 ATTORNEY AT Law 13 14 defaulted in the payment obligation spec ified in the $500,000 promissory note. As of October 29, 196 COHASSET ROAD. Sums 15 2021 the amount of the indebtedness owed by John Denton as Conserv ator of the Estate of Edward 16 Niderost and as Successor Trustee of Edward F. Niderost Revocable Living Trust Dated November 17 8, 1988 was $553,728.36 (plus 7% interest on $500,000.00 from October 29, 2021 to date of the 18 judgment in the sum of $ 7,958.90 )_ 19 2. The real prOperty hereafter described will be sold in the manner prescribed by law by the 20 levying officer on proper application for issuance of a writ of sale to the levying officer. Any party 21 to this action may purchase at the sale. 22 3. From the proceeds of sale, the levying officer will pay to Plaintiff Wayne A. Cook, Trustee 23 of The Wayne A. Cook 1998 Family Trust Cook, after dedu cting costs (Code Civ. Proc., § 1033.5) 24 as provided in Paragraph 9 below, and expenses of the levy and sale, the sum of $553,728.36, (plus 25 7% interest on $500,000.00 from October 29, 2021 to date of the judgment in the sum of 26 $ 7 958.90 ). together with interest at the annual rate of 10% from the date of this judgmen t. 27 4. If any surplus remains after making the payments specified in Paragraph 3, the surplus 28 shall be deposited with the clerk pursuant to Code of Civil Procedure section 727; the Court will 3 JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROS S— DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN DENTON, CONSERVATO AND R SUCCESSOR TRUSTEE AGAINST WAYNE COOK. INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CULLEY l then determine who is entitled to any of the surplus. 5. If any deficiency remains after making the paym ents specified in Paragraph 3, Plaintiff may move the Court pursuant to Code of Civil Procedure section 726 subdivision (b) for a deficiency judgment against John Denton as Conservator of the Estate of Edward Niderost and as Successor Trustee of Edward F. Niderost Revocable Living Trust Dated November 8, 1988. 6. From and after delivery of the deed by the levying officer to the purchaser at the sale, defendants and all pers ons claiming under them after execution of the deed of trust recorded on February 28, 2020 in the Official Records of the County of Butte as Document No. 2020-0009600, as lien claimants, judgmen creditors claimants under a t , junior deed of trust or mortgage, purchasers, 10 encumbrancers, or otherwise, are barred and foreclosed from all rights, claims, interests, or equity 225. CHICO, CA 95926-2284 11 of redemption in the property encumbered by the deed of trust when time for redemption has elapsed. (FAX) 12 7. The property that is the subj ect of this judgment and decree is commonly known as 2185 RAYMOND L. SANDELMAN (530) 343 4090 I (530) 343-509 l ATTORNEY AT Law 13 Esplanade, Chico, Butte County, California, Butte County Assessor’s Parcel No. 006120 003000 I4 and is more particularly described as: 396 Comsser ROAD. Sums 15 A PORTION OF RANCHO ARROYO CHICO LYING WEST OF THE 16 SHASTA ROAD (US 99E) AND NORTH OF LINDO CHANNEL AND NORTH l7 OF THE NORTHERLY BOUNDARY OF BIDWELL COUNTY PARK, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: 18 BEGINNING AT AN IRON PIPE ON THE WESTERLY SIDE OF SAID SHASTA ROAD, SOUTH 36° 15‘ EAST, 1096.65 FEET ALONG THE WESTERLY SIDE OF THE SHASTA ROAD FROM A CONCRETE MONUM ENT AT THE MOST EASTERLY CORNER OF LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “REED PARK UNIT NO. 1“, WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, IN BOOK 18 OF MAPS, AT PAGE(S) 35; THENCE FROM SAID POINT OF BEGINNING RUNNING SOUTH 36° 15' EAS T ALONG THE WESTERLY LINE OF SAID SHASTA ROAD, A DISTAN OF CE 520.0 FEET TO A POINT ON THE NORTHERLY BOUND ARY OF BIDWELL COUNTY PARK, MARKED BY A CHISELED CROSS ON CONCRE TE RETAINING WALL; THENCE ALONG SAID NORTHERLY BOUNDA OF RY BIDWELL COUNTY PARK THE FOLLOWING SIX COURSES AND DISTANCES: SOUTH 87° 10' WEST, 275.0 FEET TO A POINT; THENCE NORTH 85° 03' WEST, 63.2 FEET TO AN IRON PIPE AT AN ANGLE IN THE SOUTHERLY SIDE OF A CONCRETE RETAINING WALL; THENCE ALONG THE SOUTHERLY SIDE OF SAID WALL NORTH 74° II‘WEST 62.1 FEET TO , JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSUR OF DEED OF E TRUST, AND FOR CROSS— DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN BENTON. CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A. COOK I998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CULLEY AN ANGLE IN SAID WALL; THENCE ALONG SAID WALL NORTH 64° 19' WEST, 69.1 FEET TO AN ANGLE IN SAID WALL; THENCE ALONG SAID WALL NORTH 49° 28' WEST 40.5 FEET TO THE END OF SAID WALL; THENCE NORTH 36° 52' WEST, 177.70 FEET TO AN IRON THE PIPE; NCE LEAVING THE SAID NORTHERLY BOUNDARY OF BIDWELL COUNTY PARK, NORTH 53° 45' EAST, 359.07 FEET TO THE POINT OF BEGINNING. 8. John Denton in his capacity as Conservator of the Estate of Edward Niderost and as Successor Trustee of Edward F. Niderost Revocable Living Trust Dated November 8,1138988 shall take nothing on his Second Amended Cross Complaint for all claims against Wayne Cook, individually and as Trustee of The Wayne A. Cook 1998 Fam Trust Dated 12/2 ily 9/98, and for all 10 claims against Gene Culley, aka Ronald Eugene Culley, except for claims relating to real property Sum: 225, Cmco, CA 95926-2284 11 known as 14174 Racine Court, Magalia, Californi a 2011 a, Toyota truck, and a 2011 Fleetwood (330) 343-5090 I (530) 343-5091 (FAX) 12 Southwind, VIN: 1F66F5DY1BOAO3212, which claims are not the subject of this Judgment. RAYMOND L. SANDELMAN 9. Plaintiff and Cross—Defendant Way A. Cook, Trustee of The Wayne A. Cook 1998 AUORNEY AT Law 13 ne 14 Family Trust, is awarded costs (Code Civ. Proc., §1033.5) against John Denton, C0nservator of the 15 Estate of Edward F. Niderost and John Denton, Successor Trustee of The Edward F. Niderost 196 COHASSET ROAD, 16 Revocable Living Trust Dated November 8, 1998 in the sum of $ TBD* with respect to the 17 litigation concerning the $500,000 secured by a deed of trust described in Para graph 1 supra. 18 10. Cross~Defendant Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Fam Trus ily t, 19 is awarded costs (Code Civ. Proo, §103 3.5) against John Denton, Conservator of the Estate of 20 Edward F. Niderost and John Dcnton, Successor Trustee of The Edw ard F. Niderost Revocable 21 Living Trust Dated November 8, 1998 in the sum of $ TBD" with respect to the litigation 22 concerning the $674,062.39 promissory note secured by a deed of trust recorded on February 28, 23 2020 in the Official “Records of the County of Butte as Document No. 2020 —0009601. 24 11. Cross-Defendant Wayne A. Cook, individually is awarded costs (Code Civ. Proc., I 25 §1033.5) in the sum of $ TBD* against John Denton, Conservator of the Estate of Edward F. 26 Niderost and John Denton, Successor Trustee of The Edward F. Niderost Revocable Living Trust 27 Dated November 8, 1998 in—thesum—of'fi'o 28 12. Cross-Defendant Gene Culley, aka Ronald Eugene Culley, is awarded costs (Code Civ. 5 JUDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS- DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN BEN TON, CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CUL LEY 1 Proo, § 1033.5) against John Danton, Conservator of the Estate of Edward F. Niderost and John Demon, Successor Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 in the sum of $ *TBD _ *Costs are to be determined pursuant To Cai. Rules of Court, Rule 3.1700. Dated: 1/20/2022 / Judge Bf the Superior Court TAMARA L. MOSBARGER 10 Sums 225. Cuvco. CA 95926-2284 11 (530) 343-5090/(530) 343-5091 (FAX) 12 L. SANDELMAN 13 Arromev AT LAW 14 RAYMOND 15 196 COHASSET ROAD, 16 17 18 19 20 21 22 23 24 25 26 27 28 6 JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED OF TRU ST. AND FOR CROSS- DEFENDANTS ON THE SECOND AMENDED CROSS COMPLAINT OF JOHN DEN TON, CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE At COOK I998 FAMILY TRUST AND GENE CULLEY. AKA RONALD EUGENE CULLEY Approved as to form: Dated: ”(mama ‘l. 7’51?“ Raoul J. LeClerc Attorney for Gene Culley aka Ronald Eugene Culley Leland, Morrissey & Knowle