2348\02\4084653.2
WHEN RECORDED MAIL TO:
The City of Fairfield
1000 Webster Street
Fairfield, CA 94533
Attn: City Manager
with a copy to:
Fairfield North Texas Street LP
5251 Ericson Way, Suite A
Arcata, CA 95521
Attention: Project Manager
APN: 0167-130-240
SPACE ABOVE THIS LINE FOR RECORDER’S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
This DEED OF TRUST, dated as of [_______], 2025, among FAIRFIELD NORTH TEXAS STREET LP, a California limited partnership, herein called TRUSTOR, whose address is: 5251 Ericson Way, Suite A, Arcata, CA 95521, Attn: Project Manager.
FIRST AMERICAN TITLE COMPANY, herein called TRUSTEE, and the CITY OF FAIRFIELD, a general law city, herein called BENEFICIARY, WITNESSETH: That Trustor grants to Trustee in trust, with pow er of sale, that property in the City of Fairfield, County of Solano, State of California, described as:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF. together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing payment of the sum of $23,071,082 with interest thereon according to the terms of a promissory note or notes of e ven date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof. A breach or default under the promissory note or a breach or default under the Affordability Restrictions and Regulatory Agreement encumbering said pro perty (“Regulatory Agreement”), or under any obligation secured by a deed of trust encumbering all or any portion of said property, shall be deemed to constitute a default hereunder.
To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Solano County in the Official Records of said County, shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B (identical in all counties), are by the within reference thereto, incorporated herein and made a part of this Deed of 2348\02\4084653.2
Trust for all purposes as fully as set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law.
The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth.
[Remainder of the page intentionall left blank.]
[Signatures on the following page.]
S-1
Deed of Trust
(Vista Ridge)
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TRUSTOR:
FAIRFIELD NORTH TEXAS STREET LP,
a California limited partnership
By: Fairfield North Texas Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of __________________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they execute d the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
2348\02\4084653.2
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ______________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the 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) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the County of Solano, City of Fairfield, State of California, and is described as follows:
Parcel One:
Parcel "1" as shown and described on that certain Parcel Map entitled "Parcel Map of the lands of Edward Parish, et al, Portion Lot 38, Rancho Tolenas & South 1/2, Section 12, Township 5 North, Range 2 West, M.D.B & M. Ext. Fairfield, Solano County, California", which said parcel map was filed for record on October 27, 1986, in Book 30 of Parcel maps at Page 29, in the office of the Solano County, California recorder.
Excepting therefrom all that portion described as Parcel 2 as shown on the Parcel Map entitled, "Parcel Map of E-2 8 Motel Property" filed July 10, 2001 in Book 42 of Parcel Maps, at Page 80.
Parcel Two:
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A non-exclusive easement for private common and reciprocal access rights, as set forth in that certain instrument entitled "Declaration Re Private Access Rights", recorded September 23, 1986, as Instrument No. 52477, Page 107975, official records.
APN: 0167-130-240EXHIBIT B
RIDER TO DEED OF TRUST
Exhibit B to Deed of Trust with Assignment of Rents dated as of [______], 2025, executed by FAIRFIELD NORTH TEXAS STREET LP , a California limited partnership, as “ Trustor”, to First American Title Company, as “Trustee”, for the benefit of the CITY OF FAIRFIELD, as “Beneficiary” (“Deed of Trust”).
1. DUE ON SALE OR ENCUMBRANCE. In the event of any Transfer (as defined below) of the Property, or any portion thereof or interest therein, Beneficiary shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediate ly due and payable. As used herein, the term “Transfer” means and includes the direct or indirect sale, transfer, conveyance, mortgage, further encumbrance, assignment, or other alienation of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, the execution of any installment land sale contract, sales agreement or similar instrument affecting all or a portion of the Property, granting of an option to purchase any portion of or interest in the Property or any interest therein, or the lease of all or substantially all of the Property or of all or substantially all of the improvements situated on the Property. “ Transfer” shall not include a Transfer permitted in the Loan Agreement so long as Trustor complies with the provisions of the Agreement relating to such activity. “Transfer” shall not include the leasing of individual dwelling units on the Property in compliance with applicable recorded Regulation Agreements with the Beneficiary. Failure of Beneficiary to exercise the option to declare all sums secured hereby immediately due and payable upon a Transfer will not constitute waiver of the right to exercise this option in the event of any subsequent Transfer.
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State of California )
County of ________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within in strument 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) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.