Preview
EJ-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, address, and State Bar number):
SBN 078020
After recording, return to:
Raymond L. Sandelman
Attorney at Law
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
TEL No.: (530) 343-5090 FAX No. (optional): (530) 343-5091
Raymond@sandelmanlaw.com
EMAIL ADDRESS (Optional).-
m ATTORNEY
FOR
JUDGMENT
CREDITOR
D ASSIGNEE
0F RECORD
BUTTE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: 1775 Concord Avenue
MAILING ADDRESS: 1775 Concord Avenue
CITY AND ZIP CODE:Chico, CA 95928
BRANCH NAME: North Butte County Courthouse FOR RECORDER'S USE ONLY
PLAINTIFF: Wayne A. Cook, Trustee of the Wayne A. Cook Family Trust CASE NUMBER:
DEFENDANT: Edward F. Niderost, Individually and as Trustee of The Edward F. 20CV00905
ABSTRACT OF JUDGMENT - CIVIL FOR COURTUSEONLY
AND SMALL CLAIMS D Amended
1. The judgmentcreditor D assignee ofrecord
applies foran abstract Of judgment and represents the following:
a. Judgment debtor's
Name and last known address
mhn Denton, conservator of the Estate of
Edward F. Niderost
733 Piney Way
worm Bay, CA 93342 __J
b. Driver's license no. [last 4 digits] and state: E Unknown
ELEG'I'ROHICALL‘I" ISEU ED
PURSUANT To acamaurg:
c. Social security no. [last 4 digits]: m Unknown
d. Summons or notice of entry of sister-state judgment was personally served or mailed to (name and address):
Service of Edward Niderost: 1077 Via Verona Drive, Chico, CA 95973
2. m Information on additional judgment debtors is 4. m Information on additional judgment creditors is
shown on page 2. shown on page 2.
3. Judgment creditor (name and address): 5. D Original abstract recorded in this county:
Wayne A. Cook, Trustee of the Wayne A. Cook
Family Trust Dated 12/29/98 a. Date:
PO Box 4724, Chico, CA 95927 b. Instrument No.2
Date: February 23, 2022
RaymondLLSandelman
(TYPE OR FRINT NAME)
p «LSJLL (SIGNATURE OF APPLICANT 0R ATTORNEY)
6. Total amount ofjudgment as entered or last renewed: 10D An D execution lien a attachment lien
$ . 570,680.26 is endorsed on the judgment as follows:
7. All judgment creditors and debtors are listed on this abstract. a. Amount: $
b. In favor of (name and address):
8. a. Judgment entered on (date): January 20, 2022
b. Renewal entered on (date):
9. D This judgment is an installmentjudgment. 11. A stay of enforcement has
a. m not been ordered by the court.
[SE b. D been ordered by the couIt effective until
(date):
Sharif Elmallah
12. a. D l
certify that this is a true and correct abstract of
This abstract issued on (date): the judgment entered in this action.
2/23/2022 b. A certit"d copy Of the judgment is attached.
”a,“ Deputy
Clerk. by
f
F332£2f8§f£l2¢fii§it§‘° CEB- Essential ABSTRACT OF JUDGMENT - CIVIL oedema."Proceduregggfaitté
a 4. 700.190
EJ-001[Rev.July1,2014] (alum EjFormsv AND SM ALL CLAIMS
Cook
PLAINTIFF: Wayne A. Cook, Trustee of the Wayne A. COURT CASE No:
20CV00905
DEFENDANT: Edward F. Niderost, Individually and as Trustee of The Edward F.
NAMES AND ADDRESSES OF ADDITIONAL JUDGMENT CREDITORS:
13. Judgment creditor (name and address): 14. Judgment creditor (name and address):
Wayne A. Cook
P0 Box 4724
Chico, CA95927
15.D Continued on Attachment 15.
INFORMATION ON ADDITIONAL JUDGMENT DEBTORS:
16. Name and last known address 17. Name and last known address
mhn Denton, trustee of the Edward F. Niderost Revocam I— —|
Living Trust Dated November 9, 1998
733 Piney Way
CA 93342 _l
l_Morro Bay, _J l—
Driver's license no. [last 4 digits] and state: Driver's license no. [last 4 digits] and state:
m Unknown DUnknown
Social security no. [last 4 digits]: m Unknown Social security no. [last 4 digits]: DUnknown
Summons was personally served at or mailed to (address): Summons was personally served at or mailed to (address):
Service of Edward Niderost, trustee: 1077 Via Verona Drive,
Chico, CA 95973
18. Name and last known address 19. Name and last known address
I— l—
_l L_
Driver's license no. [last 4 digits] and state: Driver's license no. [last 4 digits] and state:
D Unknown D Unknown
Social security no. [last 4 digits]: D Unknown Social security no. [last 4 digits]: D Unknown
Summons was personally served at or mailed to (address): Summons was personally served at or mailed to (address):
20. D Continued on Attachment 20.
mm I‘M" 1' 2°”) "9”“
' ABSTRACT 0F JUDGMENT - CIVIL
Essential
fig AND SMALL CLAIMS
.
—-
EForms. Cook
1/11/2022
Raymond L. Sandelman SBN 078020
Attorney at Law Superior Court of Callfomia
F County of Butte
F
196 Cohasset Road, Suite 225
Chico, CA 95926-2284
L 1/20/2022 L
(530) 343-5090 / (530) 343-5091 (FAX)
Email:Raymond@sandelmanlaw.c E E
om Sharif
D D
Raoul]. LeClerc SBN 39228
ay g Z mt ay? DEPUW
gil
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
1o
Family Trust Dated 12/29/98, and Gene Culley
11
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
IN AND FOR THE COUNTY 0F BUTTE
13
WAYNE A. COOK, TRUSTEE OF THE NO.: 20C
14 WAYNE A. COOK V00905
I
1998 FAMILY
TRUST DATED 12/29/98, i
15 JUDGMENT AND DEGREE
Plaintiff, FOR JUDICIAL FORECLOSURE 0F DEED
16 vs. OF TRUST, AND FOR CROSS—
17- DEFENDANTS ON THE SECOND
EDWARD F. NIDEROST, AMENDED CROSS COMPLAINT OF
18 INDIVIDUALLY AND AS TRUSTEE OF JOHN DENTON, CONSERVATOR
THE AND
EDWARD F. NIDEROST SUCCESSOR TRUSTEE
19 AGAINST
REVOCABLE LIVING TRUST DATED WAYNE COOK INDIVIDUALLY AND
NOVEMBER AS
20 8, 1998, DO ES l TRUSTEE OF THE WAYNE A. COOK 1998
THROUGH 10, FAMILY TRUST
'
AND GENE CULLEY,
21
Defendants. AKA RONALD EUGENE CULLEY
22 /
23
EDWARD F. NIDEROST,
24 INDIVIDUALLY AND AS TRUSTEE OF
THE EDWARD F. NIDEROST
25 REVOCABLE LIVING TRUST DATED
NOVEMBER 8, 1998, DO ES THROUGH
26 1
10,
27
Cross-Complainants,
28 vs.
JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED 0F TRUST. AND FOR CROSS-
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLA
INT 0F JOHN DENTON. CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVID
UALLY AND AS TRUSTEE 0F THE WAYNE A.
COOK 1998 FAMILY TRUST AND GENE CULLEY
, AKA RONALD EUGENE CULLEY
Electronically Filed
1
WAYNE A. COOK, TRUSTEE OF THE
WAYNE A. COOK 1998 FAMILY TRUST
DATED 12/29/98, LAWRENCE
PATTERSON; GENE CULLEY, 'MID
‘
VALLEY TITLE AND ESCROW
COMPANY, and ROES 1 through 25,
inclusive.
Cross-Defendants
‘
10
4
2 225, CHICO, CA 95926-228
11
Thisfigause came on regularly for trial on April 5, 6, 7, and 8, May 18 and 19, June 8,‘ 10,
(FAX)
12 August 12, 26, and September 16, 2021, in Department 1 of the above-entitled cou
rt, the Honorable
RAYMOND L. SANDELMAN
(530) 343-5090 I (530) 343-5091
Tamara Mosbarger,
ATTORNEY AT LAW
13 Judge of the Superior Court, sitting without a jury», the right to a jury having
14 been wai ved . Wayne A. Cook, individually and as Trustee of The Wayne A. Cook 1998
Family.
196 Comssar Rom Sum-
15, Trust, appeared by his counsel, Raymond L. Sandelman.
John Denton in his capacity as. Conservator-
,
16 of the Estate of Edward Niderost Successor Trusteeof Edward F. Nidero
angixas‘ st Revocable Living
17 Trust Dat ed November 8, 191-9288 counsel .Sara
E.zi’ppearedby .his ,
My. Knowles, Esq. of Leland,
18 Morrissey &. Knowles, LLP. Gene Culley, aka Ronald Eugene Culley, appeared 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 EdyVard
21 F. Niderost Revocable Living Trust Dated November
8,1199%? :Edu ested a statement of decision. on
22 November 19, 2021 the Court issued a Proposed Statement of Decision. On Decemb
er 8, 2021 John
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 Wayne A. Cook, individually and as Trustee of The
26 Wayne A. Cook 1998 Family Trust, and Gene Culley aka Ronald Eugene Culley filed a
27 to to the issu
Respecansan
e,
Objections Proposed Statement of Decision. On December 2021
21, the Court issue its
28 Statement of Decision.
JUDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS-
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLA
INT OF JOHN DENTON, CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COO
K, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A.
COOK 1998 FAMILY TRUST AND GENE CULLE
Y. AKA RONALD EUGENE CULLE Y
IT IS ORDERED, ADIUDGED AND DECREED that:
1. On February 28, 2020, Edward F. Niderost, Trustee of The Edward F. Nidcrost
Revocable Living Trust Dated November 1998 delivered to Matthew N.
8, Fine, 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 Trust
Living 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 Records of the Cou
‘
nty 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 County of Butte
(FAX)
12 as Document No. 2020-0015736. John Den
ton as Conservator of the Estate of Edward Niderost and
MTORNEY A1- Emm i
(530) 343-5090 I (530) 343-5091
1998
w
13 as Successor Trustee of Edward F. Niderost Revocable Living Trust Dated November 8, +988
RAYMOND L. SAN
l4 defaulted in the payment obligation in the
specified $500,000 promissory note. As of October
I96 COHASSEr ROAD. SUITE
29,
15 2021 the amount, of the indebtedness owed
by John Denton as Conservator of the Estate of Edward
16 Niderost and as Successor Trustee of Edward F. Niderost Revocable Living Trust Date
d November
17 8, 1988 was $553,728.36 7% interest on
(plus $500,000.00 from October 29, 2021 to dateof 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 offi cer on proper application for issuance of a writ of sale to
the levying officer. Any par
ty
21 to this action may purcha the sale.
se-at
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 deducting 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 2021
29, 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 in Paragraph
specified 3, the surplus
28 shall be deposited with the clerk to Code of Civil
pursuant Procedure section 727; the Court will
JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS-
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLA
INT OF JOHN DENTON, CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COO
K. INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A.
COOK 1998 FAMILY TRUST AND GENE CULLEY
, AKA RONALD EUGENE CULLEY
1 then determine who is entitled to
any of the surplus.
5. If any deficiency remains after making the payments specified in Paragraph 3, Plaintiff
may mov e the Court pursuant to Code of Civil Procedure section 726 subdivision
(b) for a deficiency
judgment against John Demon as Conservator of the Estate of Edward Niderost and as Successor
Trustee of Edward F. Niderost Revocable Living Trust Dated Nov
ember 8, 1988.
6. From and after delivery of the deed the
by levying officer to the purchaser at the sale,
defendants and all under
persons claiming 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, judg
ment creditors, claimants under a junior deed of trust or
mortgage, purchasers,
10 encumbrancers, or otherwise, are barred and foreclosed from all
. SurrE 225. CHICO. CA 95926-2284
rights, claims, interests, or equity
11 of redemption in the propert
y encumbered by the deed of trust when time for rede has
mption elapsed.
(FAX)
12 7. The property that is the subject of this judg
ment and decree is commonly known as 2185
RAYMOND L. SANDELMAN
(53 0) 343-5090 I (530) 343-5091
AITORNEY AT LAw
13 Esplanade, Chico, Butte County, California, Butte County Assessor’s Parcel No. 006-120-003-000
14 and is more particularly described as:
15
196 Comsssr ROAD
A PORTION 0F RANCHO ARROYO CHICO LYING WEST
16 OF THE
SHASTA ROAD (US 99E) AND NORTH OF LINDO CHANNEL AND NORTH
17 OF THE NORTHERLY BOUNDARY OF BIDWELL COUNTY
MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARK, AND
18 BEGINNING AT AN IRON PIPE ON THE WESTERLY SIDE OF SAID
SHASTA ROAD, SOUTH 36° 15' EAST, 109 FEET
19 6.65 ALONG THE
WESTERLY SIDE OF THE SHASTA ROAD FROM A CONC
RETE MONUMENT
20 AT THE MOST EASTERLY CORNER OF LOT AS SHOWN
2, ON THAT
CERTAIN MAP ENTITLED, "REED PARK UNIT NO. WHICH
21 1“, MAP WAS
RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY 0F
22 BUTTE, STATE OF CALIFORNIA, IN BOOK 18 OF MAPS, AT
THENCE FROM SAID POINT OF BEGINNING RUNNIN PAGE(S) 35;
G SOUTH 36° 15' EAST
23 ALONG THE WESTERLY LINE OF SAID SHASTA ROAD, A DISTANCE OF
520.0 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF BIDWELL
24
COUNTY PARK, MARKED BY A CHISELED CROSS ON CONCRETE
25 RETAINING WALL; THENCE ALONG SAID NORTHERLY BOUNDARY OF
BIDWELL COUNTY PARK THE FOLLOWING SIX
26
COURSES AND
DISTANCES: SOUTH 87° 10' WEST, 275.0 FEET T0 A POINT; THENCE
NORTH 85° 03' WEST, 63.2 FEET T0 AN IRON PIPE AT AN ANGLE IN THE
27
SOUTHERLY SIDE OF A CONCRETE RETAINING THENCE ALONG
WALL;
28 THE SOUTHERLY SIDE OF SAID WALL NORTH 74°
II'WEST, 62.1 FEET TO
I UDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS-
DEFENDANTS 0N THE SECOND AMENDED CROSS COM
PLAINT OF JOHN DENTON, CONSERVATOR AND
SUCCESSOR TRUSTEE AGAINST WAYNE COO
K, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A.
COOK 1998 FAMILY TRUST AND GENE CULLEY
, AKA RONALD EUGENE CULLEY
AN ANGLE INSAID 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 WA LL;
THENCE NORTH 36° 52' WEST, 177.70 FEET TO AN IRON PIP E; THE 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, 1898988 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 Family Trust Dated 12/29/98, and for all
10 claims against Gene Culley, aka Ronald Eugene Culley,
except for claims relating to real property
225, Cmco, CA 95926-2284
11 known as 14174 Racine Court, Magalia, California, a 2011 Toyota truck, and a 2011 Fleetwood
(FAX)
l2 Southwind, VIN : 1F66FSDYIBOA03212, which claims are not the sub
ject of this Judgment.
RAYMOND L. SANDELMAN
(530) 343~5090 I (530) 143-5091
9. Plaintiff and Cross-Defendant
ATTORNEY AT Law
13 A.
Wayne Cook, Trustee of The Wayne A. Cook 1998
14 Family Trust, is awarded costs (Code Civ. Proc., §1033.5) against John Denton, Conservator of the
196 COHASSET ROAD, SUITE
15 Estate of Edward F. Niderost John Denton, Successor Trustee
and of The Edward F. Niderost
16 Revocable Living Trust Dated November 1998 in the
8, sum of $ TBD*' with respect to the
17 litigation concerning the $500,000 secured by a deed of trust described in
Paragraph 1 supra.
18 10. Cross—Defendant Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust,
19 is awarded costs (Code Civ. Proc., §1033.5) against John Denton, Conservator of the Estate of
20 Edward F. Niderost and John Denton, Successor Trustee of The Edward F. Niderost Revocable
21 Living Trust Dated November 8, 1998 in the-sum of $
'TBD'I 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.,
25 §1033.5) in the sum of $ Iggy 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—the—sum-of-Ts Q”
7110)
28 12. Cross-Defendant Gene Culley, aka Ronald Eugene Culley, is awarded costs (Code Civ.
JUDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS—
DEFENDANTS ON THE SECOND AMENDED CROSS COMPLA
INT OF I OI-IN DENTON, 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
1 Proc., § 1033.5) against John Denton, Conservator of the Estate of Edward F. Niderost and John
2 Demon, Successor Trustee of The Edward F. Niderost Revocable Living Trust Dated November
8,
1998 in the sum of $
I
*TBD r \.
5
.1}.
,
3-
’
*Costs are to be determined pursuant To Cal. Rules of Court, Rule 3.1 700.‘
Dated: 1/20/2022
Judge of the Superior Court
TAMARA L. MOSBARGER
$1,079.10
Costs Entered After Judgment as to
Cross-Defendant Gene Culley Pursuant
to CRC 3.1 00(b) 4)
10
225. CHICO. CA 95926-2284
By:
11 CI rk
Deputy
(530) 343-5090 / (530) 343—5091 (FAX)
12 2/22/2022
On: Date
Rumour: L. SANBELMAN
13
ATTORNEY n Law
14
196 CoaAsser Rom Sun's
15 $8,993.00
Costs Entered After Judgment as
.
to
16 Plaintiff Wayne A Cook, as Trustee of
the Wayne A Cook 1998 Family Tru st
17
Dated 12/29/98 Pursuant to CRC
18 3.1700(b)(4)
19
Deputy lerk
2O
On: 2/22/2022 Date
21
22
23
24
25
26
27
28
___~________________________ __§.______.——————~—————
.lUDGMENT AND DEGREE FOR JUDICXAL FORECLOSURE OF DEED OF ——
TRUST, ——
AND ——
FOR CROS—-
S—
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 A.
COOK 1998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CUL
LEY
Approved as to form:
Dated: «WAKE ['3 [It
252-7"
Raoul I. LeClerc I
Attorney for Gene Culley aka Ronald Eugene
Culley
Leland, Morrissey & Knowles LLP
10 Dated:
By:
11
Sara M. Knowles
Attorney for John Danton, Conservator of the
12 Estate of Edward F. Niderost and John Benton,
successor trustee of The Edward F. Nlderost
13
Revocable Living Trust Dated November 8,
14 1998
15
16
17 9"
r70 ..... 1<
18
THE FOREGOING INSTRU
MENT IS A CORRECT
COPY OF
W
19
(1
THE ORIGINAL ON FILE
)ll
AND ON
A'I'I'ES'I‘. ICE
20 _j& DATE :
SharifElmallah, Clerk of the
QHW
21
$75 5’“ in and for the
form
Superior Court
Preview
EJ-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, address, and State Bar number): SBN 078020 After recording, return to: Raymond L. Sandelman Attorney at Law 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 TEL No.: (530) 343-5090 FAX No. (optional): (530) 343-5091 Raymond@sandelmanlaw.com EMAIL ADDRESS (Optional).- m ATTORNEY FOR JUDGMENT CREDITOR D ASSIGNEE 0F RECORD BUTTE SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: 1775 Concord Avenue MAILING ADDRESS: 1775 Concord Avenue CITY AND ZIP CODE:Chico, CA 95928 BRANCH NAME: North Butte County Courthouse FOR RECORDER'S USE ONLY PLAINTIFF: Wayne A. Cook, Trustee of the Wayne A. Cook Family Trust CASE NUMBER: DEFENDANT: Edward F. Niderost, Individually and as Trustee of The Edward F. 20CV00905 ABSTRACT OF JUDGMENT - CIVIL FOR COURTUSEONLY AND SMALL CLAIMS D Amended 1. The judgmentcreditor D assignee ofrecord applies foran abstract Of judgment and represents the following: a. Judgment debtor's Name and last known address mhn Denton, conservator of the Estate of Edward F. Niderost 733 Piney Way worm Bay, CA 93342 __J b. Driver's license no. [last 4 digits] and state: E Unknown ELEG'I'ROHICALL‘I" ISEU ED PURSUANT To acamaurg: c. Social security no. [last 4 digits]: m Unknown d. Summons or notice of entry of sister-state judgment was personally served or mailed to (name and address): Service of Edward Niderost: 1077 Via Verona Drive, Chico, CA 95973 2. m Information on additional judgment debtors is 4. m Information on additional judgment creditors is shown on page 2. shown on page 2. 3. Judgment creditor (name and address): 5. D Original abstract recorded in this county: Wayne A. Cook, Trustee of the Wayne A. Cook Family Trust Dated 12/29/98 a. Date: PO Box 4724, Chico, CA 95927 b. Instrument No.2 Date: February 23, 2022 RaymondLLSandelman (TYPE OR FRINT NAME) p «LSJLL (SIGNATURE OF APPLICANT 0R ATTORNEY) 6. Total amount ofjudgment as entered or last renewed: 10D An D execution lien a attachment lien $ . 570,680.26 is endorsed on the judgment as follows: 7. All judgment creditors and debtors are listed on this abstract. a. Amount: $ b. In favor of (name and address): 8. a. Judgment entered on (date): January 20, 2022 b. Renewal entered on (date): 9. D This judgment is an installmentjudgment. 11. A stay of enforcement has a. m not been ordered by the court. [SE b. D been ordered by the couIt effective until (date): Sharif Elmallah 12. a. D l certify that this is a true and correct abstract of This abstract issued on (date): the judgment entered in this action. 2/23/2022 b. A certit"d copy Of the judgment is attached. ”a,“ Deputy Clerk. by f F332£2f8§f£l2¢fii§it§‘° CEB- Essential ABSTRACT OF JUDGMENT - CIVIL oedema."Proceduregggfaitté a 4. 700.190 EJ-001[Rev.July1,2014] (alum EjFormsv AND SM ALL CLAIMS Cook PLAINTIFF: Wayne A. Cook, Trustee of the Wayne A. COURT CASE No: 20CV00905 DEFENDANT: Edward F. Niderost, Individually and as Trustee of The Edward F. NAMES AND ADDRESSES OF ADDITIONAL JUDGMENT CREDITORS: 13. Judgment creditor (name and address): 14. Judgment creditor (name and address): Wayne A. Cook P0 Box 4724 Chico, CA95927 15.D Continued on Attachment 15. INFORMATION ON ADDITIONAL JUDGMENT DEBTORS: 16. Name and last known address 17. Name and last known address mhn Denton, trustee of the Edward F. Niderost Revocam I— —| Living Trust Dated November 9, 1998 733 Piney Way CA 93342 _l l_Morro Bay, _J l— Driver's license no. [last 4 digits] and state: Driver's license no. [last 4 digits] and state: m Unknown DUnknown Social security no. [last 4 digits]: m Unknown Social security no. [last 4 digits]: DUnknown Summons was personally served at or mailed to (address): Summons was personally served at or mailed to (address): Service of Edward Niderost, trustee: 1077 Via Verona Drive, Chico, CA 95973 18. Name and last known address 19. Name and last known address I— l— _l L_ Driver's license no. [last 4 digits] and state: Driver's license no. [last 4 digits] and state: D Unknown D Unknown Social security no. [last 4 digits]: D Unknown Social security no. [last 4 digits]: D Unknown Summons was personally served at or mailed to (address): Summons was personally served at or mailed to (address): 20. D Continued on Attachment 20. mm I‘M" 1' 2°”) "9”“ ' ABSTRACT 0F JUDGMENT - CIVIL Essential fig AND SMALL CLAIMS . —- EForms. Cook 1/11/2022 Raymond L. Sandelman SBN 078020 Attorney at Law Superior Court of Callfomia F County of Butte F 196 Cohasset Road, Suite 225 Chico, CA 95926-2284 L 1/20/2022 L (530) 343-5090 / (530) 343-5091 (FAX) Email:Raymond@sandelmanlaw.c E E om Sharif D D Raoul]. LeClerc SBN 39228 ay g Z mt ay? DEPUW gil 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 1o Family Trust Dated 12/29/98, and Gene Culley 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 IN AND FOR THE COUNTY 0F BUTTE 13 WAYNE A. COOK, TRUSTEE OF THE NO.: 20C 14 WAYNE A. COOK V00905 I 1998 FAMILY TRUST DATED 12/29/98, i 15 JUDGMENT AND DEGREE Plaintiff, FOR JUDICIAL FORECLOSURE 0F DEED 16 vs. OF TRUST, AND FOR CROSS— 17- DEFENDANTS ON THE SECOND EDWARD F. NIDEROST, AMENDED CROSS COMPLAINT OF 18 INDIVIDUALLY AND AS TRUSTEE OF JOHN DENTON, CONSERVATOR THE AND EDWARD F. NIDEROST SUCCESSOR TRUSTEE 19 AGAINST REVOCABLE LIVING TRUST DATED WAYNE COOK INDIVIDUALLY AND NOVEMBER AS 20 8, 1998, DO ES l TRUSTEE OF THE WAYNE A. COOK 1998 THROUGH 10, FAMILY TRUST ' AND GENE CULLEY, 21 Defendants. AKA RONALD EUGENE CULLEY 22 / 23 EDWARD F. NIDEROST, 24 INDIVIDUALLY AND AS TRUSTEE OF THE EDWARD F. NIDEROST 25 REVOCABLE LIVING TRUST DATED NOVEMBER 8, 1998, DO ES THROUGH 26 1 10, 27 Cross-Complainants, 28 vs. JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED 0F TRUST. AND FOR CROSS- DEFENDANTS ON THE SECOND AMENDED CROSS COMPLA INT 0F JOHN DENTON. CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COOK, INDIVID UALLY AND AS TRUSTEE 0F THE WAYNE A. COOK 1998 FAMILY TRUST AND GENE CULLEY , AKA RONALD EUGENE CULLEY Electronically Filed 1 WAYNE A. COOK, TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST DATED 12/29/98, LAWRENCE PATTERSON; GENE CULLEY, 'MID ‘ VALLEY TITLE AND ESCROW COMPANY, and ROES 1 through 25, inclusive. Cross-Defendants ‘ 10 4 2 225, CHICO, CA 95926-228 11 Thisfigause came on regularly for trial on April 5, 6, 7, and 8, May 18 and 19, June 8,‘ 10, (FAX) 12 August 12, 26, and September 16, 2021, in Department 1 of the above-entitled cou rt, the Honorable RAYMOND L. SANDELMAN (530) 343-5090 I (530) 343-5091 Tamara Mosbarger, ATTORNEY AT LAW 13 Judge of the Superior Court, sitting without a jury», the right to a jury having 14 been wai ved . Wayne A. Cook, individually and as Trustee of The Wayne A. Cook 1998 Family. 196 Comssar Rom Sum- 15, Trust, appeared by his counsel, Raymond L. Sandelman. John Denton in his capacity as. Conservator- , 16 of the Estate of Edward Niderost Successor Trusteeof Edward F. Nidero angixas‘ st Revocable Living 17 Trust Dat ed November 8, 191-9288 counsel .Sara E.zi’ppearedby .his , My. Knowles, Esq. of Leland, 18 Morrissey &. Knowles, LLP. Gene Culley, aka Ronald Eugene Culley, appeared 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 EdyVard 21 F. Niderost Revocable Living Trust Dated November 8,1199%? :Edu ested a statement of decision. on 22 November 19, 2021 the Court issued a Proposed Statement of Decision. On Decemb er 8, 2021 John 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 Wayne A. Cook, individually and as Trustee of The 26 Wayne A. Cook 1998 Family Trust, and Gene Culley aka Ronald Eugene Culley filed a 27 to to the issu Respecansan e, Objections Proposed Statement of Decision. On December 2021 21, the Court issue its 28 Statement of Decision. JUDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS- DEFENDANTS ON THE SECOND AMENDED CROSS COMPLA INT OF JOHN DENTON, CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COO K, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST AND GENE CULLE Y. AKA RONALD EUGENE CULLE Y IT IS ORDERED, ADIUDGED AND DECREED that: 1. On February 28, 2020, Edward F. Niderost, Trustee of The Edward F. Nidcrost Revocable Living Trust Dated November 1998 delivered to Matthew N. 8, Fine, 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 Trust Living 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 Records of the Cou ‘ nty 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 County of Butte (FAX) 12 as Document No. 2020-0015736. John Den ton as Conservator of the Estate of Edward Niderost and MTORNEY A1- Emm i (530) 343-5090 I (530) 343-5091 1998 w 13 as Successor Trustee of Edward F. Niderost Revocable Living Trust Dated November 8, +988 RAYMOND L. SAN l4 defaulted in the payment obligation in the specified $500,000 promissory note. As of October I96 COHASSEr ROAD. SUITE 29, 15 2021 the amount, of the indebtedness owed by John Denton as Conservator of the Estate of Edward 16 Niderost and as Successor Trustee of Edward F. Niderost Revocable Living Trust Date d November 17 8, 1988 was $553,728.36 7% interest on (plus $500,000.00 from October 29, 2021 to dateof 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 offi cer on proper application for issuance of a writ of sale to the levying officer. Any par ty 21 to this action may purcha the sale. se-at 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 deducting 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 2021 29, 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 in Paragraph specified 3, the surplus 28 shall be deposited with the clerk to Code of Civil pursuant Procedure section 727; the Court will JUDGMENT AND DEGREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS- DEFENDANTS ON THE SECOND AMENDED CROSS COMPLA INT OF JOHN DENTON, CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COO K. INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST AND GENE CULLEY , AKA RONALD EUGENE CULLEY 1 then determine who is entitled to any of the surplus. 5. If any deficiency remains after making the payments specified in Paragraph 3, Plaintiff may mov e the Court pursuant to Code of Civil Procedure section 726 subdivision (b) for a deficiency judgment against John Demon as Conservator of the Estate of Edward Niderost and as Successor Trustee of Edward F. Niderost Revocable Living Trust Dated Nov ember 8, 1988. 6. From and after delivery of the deed the by levying officer to the purchaser at the sale, defendants and all under persons claiming 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, judg ment creditors, claimants under a junior deed of trust or mortgage, purchasers, 10 encumbrancers, or otherwise, are barred and foreclosed from all . SurrE 225. CHICO. CA 95926-2284 rights, claims, interests, or equity 11 of redemption in the propert y encumbered by the deed of trust when time for rede has mption elapsed. (FAX) 12 7. The property that is the subject of this judg ment and decree is commonly known as 2185 RAYMOND L. SANDELMAN (53 0) 343-5090 I (530) 343-5091 AITORNEY AT LAw 13 Esplanade, Chico, Butte County, California, Butte County Assessor’s Parcel No. 006-120-003-000 14 and is more particularly described as: 15 196 Comsssr ROAD A PORTION 0F RANCHO ARROYO CHICO LYING WEST 16 OF THE SHASTA ROAD (US 99E) AND NORTH OF LINDO CHANNEL AND NORTH 17 OF THE NORTHERLY BOUNDARY OF BIDWELL COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARK, AND 18 BEGINNING AT AN IRON PIPE ON THE WESTERLY SIDE OF SAID SHASTA ROAD, SOUTH 36° 15' EAST, 109 FEET 19 6.65 ALONG THE WESTERLY SIDE OF THE SHASTA ROAD FROM A CONC RETE MONUMENT 20 AT THE MOST EASTERLY CORNER OF LOT AS SHOWN 2, ON THAT CERTAIN MAP ENTITLED, "REED PARK UNIT NO. WHICH 21 1“, MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY 0F 22 BUTTE, STATE OF CALIFORNIA, IN BOOK 18 OF MAPS, AT THENCE FROM SAID POINT OF BEGINNING RUNNIN PAGE(S) 35; G SOUTH 36° 15' EAST 23 ALONG THE WESTERLY LINE OF SAID SHASTA ROAD, A DISTANCE OF 520.0 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF BIDWELL 24 COUNTY PARK, MARKED BY A CHISELED CROSS ON CONCRETE 25 RETAINING WALL; THENCE ALONG SAID NORTHERLY BOUNDARY OF BIDWELL COUNTY PARK THE FOLLOWING SIX 26 COURSES AND DISTANCES: SOUTH 87° 10' WEST, 275.0 FEET T0 A POINT; THENCE NORTH 85° 03' WEST, 63.2 FEET T0 AN IRON PIPE AT AN ANGLE IN THE 27 SOUTHERLY SIDE OF A CONCRETE RETAINING THENCE ALONG WALL; 28 THE SOUTHERLY SIDE OF SAID WALL NORTH 74° II'WEST, 62.1 FEET TO I UDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS- DEFENDANTS 0N THE SECOND AMENDED CROSS COM PLAINT OF JOHN DENTON, CONSERVATOR AND SUCCESSOR TRUSTEE AGAINST WAYNE COO K, INDIVIDUALLY AND AS TRUSTEE OF THE WAYNE A. COOK 1998 FAMILY TRUST AND GENE CULLEY , AKA RONALD EUGENE CULLEY AN ANGLE INSAID 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 WA LL; THENCE NORTH 36° 52' WEST, 177.70 FEET TO AN IRON PIP E; THE 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, 1898988 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 Family Trust Dated 12/29/98, and for all 10 claims against Gene Culley, aka Ronald Eugene Culley, except for claims relating to real property 225, Cmco, CA 95926-2284 11 known as 14174 Racine Court, Magalia, California, a 2011 Toyota truck, and a 2011 Fleetwood (FAX) l2 Southwind, VIN : 1F66FSDYIBOA03212, which claims are not the sub ject of this Judgment. RAYMOND L. SANDELMAN (530) 343~5090 I (530) 143-5091 9. Plaintiff and Cross-Defendant ATTORNEY AT Law 13 A. Wayne Cook, Trustee of The Wayne A. Cook 1998 14 Family Trust, is awarded costs (Code Civ. Proc., §1033.5) against John Denton, Conservator of the 196 COHASSET ROAD, SUITE 15 Estate of Edward F. Niderost John Denton, Successor Trustee and of The Edward F. Niderost 16 Revocable Living Trust Dated November 1998 in the 8, sum of $ TBD*' with respect to the 17 litigation concerning the $500,000 secured by a deed of trust described in Paragraph 1 supra. 18 10. Cross—Defendant Wayne A. Cook, Trustee of The Wayne A. Cook 1998 Family Trust, 19 is awarded costs (Code Civ. Proc., §1033.5) against John Denton, Conservator of the Estate of 20 Edward F. Niderost and John Denton, Successor Trustee of The Edward F. Niderost Revocable 21 Living Trust Dated November 8, 1998 in the-sum of $ 'TBD'I 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., 25 §1033.5) in the sum of $ Iggy 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—the—sum-of-Ts Q” 7110) 28 12. Cross-Defendant Gene Culley, aka Ronald Eugene Culley, is awarded costs (Code Civ. JUDGMENT AND DECREE FOR JUDICIAL FORECLOSURE OF DEED OF TRUST, AND FOR CROSS— DEFENDANTS ON THE SECOND AMENDED CROSS COMPLA INT OF I OI-IN DENTON, 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 1 Proc., § 1033.5) against John Denton, Conservator of the Estate of Edward F. Niderost and John 2 Demon, Successor Trustee of The Edward F. Niderost Revocable Living Trust Dated November 8, 1998 in the sum of $ I *TBD r \. 5 .1}. , 3- ’ *Costs are to be determined pursuant To Cal. Rules of Court, Rule 3.1 700.‘ Dated: 1/20/2022 Judge of the Superior Court TAMARA L. MOSBARGER $1,079.10 Costs Entered After Judgment as to Cross-Defendant Gene Culley Pursuant to CRC 3.1 00(b) 4) 10 225. CHICO. CA 95926-2284 By: 11 CI rk Deputy (530) 343-5090 / (530) 343—5091 (FAX) 12 2/22/2022 On: Date Rumour: L. SANBELMAN 13 ATTORNEY n Law 14 196 CoaAsser Rom Sun's 15 $8,993.00 Costs Entered After Judgment as . to 16 Plaintiff Wayne A Cook, as Trustee of the Wayne A Cook 1998 Family Tru st 17 Dated 12/29/98 Pursuant to CRC 18 3.1700(b)(4) 19 Deputy lerk 2O On: 2/22/2022 Date 21 22 23 24 25 26 27 28 ___~________________________ __§.______.——————~————— .lUDGMENT AND DEGREE FOR JUDICXAL FORECLOSURE OF DEED OF —— TRUST, —— AND —— FOR CROS—- S— 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 A. COOK 1998 FAMILY TRUST AND GENE CULLEY, AKA RONALD EUGENE CUL LEY Approved as to form: Dated: «WAKE ['3 [It 252-7" Raoul I. LeClerc I Attorney for Gene Culley aka Ronald Eugene Culley Leland, Morrissey & Knowles LLP 10 Dated: By: 11 Sara M. Knowles Attorney for John Danton, Conservator of the 12 Estate of Edward F. Niderost and John Benton, successor trustee of The Edward F. Nlderost 13 Revocable Living Trust Dated November 8, 14 1998 15 16 17 9" r70 ..... 1< 18 THE FOREGOING INSTRU MENT IS A CORRECT COPY OF W 19 (1 THE ORIGINAL ON FILE )ll AND ON A'I'I'ES'I‘. ICE 20 _j& DATE : SharifElmallah, Clerk of the QHW 21 $75 5’“ in and for the form Superior Court