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2011-175074 RecoMing ST. DDC # 2011 -0175074 Fi Su wre:M't a RECORDING REQUESTED BY: APR 05, 2011 8:00 AM \ OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TO: Ernest J. Dronenburg,Jr.,COUNTY RECORDER FEES: 51.00 Luce, Forward, Hamilton & Scripps LLP PAGES: 13 600 West Broadway, Suite 2600 San Diego, CA 92101 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Attn: Nancy T. Scull, Esq. C 5918 FIRST AMENDMENT TO PACIFIC STATION CONDOMINIUM PLAN We, the undersigned, being all of the record owner(s) of, and record holder(s) of security interests in, the real property described below, wish to amend that certain Pacific Station Condominium Plan recorded in the Office of the County Recorder of San Diego County, California, on January 19, 2011, as Document No. 2011-0033817,("Condominium Plan") as set forth below, and do hereby consent to the recordation of this Amendment to Pacific Station Condominium Plan pursuant to California Civil Code Section 1351(e). The Condominium Plan encumbers Lot 1 of CITY OF ENCINITAS TRACT 05-237, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 15722, filed in the Office of the County Recorder of San Diego County, October 10, 2008, as corrected by Certificate of Correction recorded February 10, 2011 as Document No. 2011-0079751, in the Office of the County Recorder of San Diego County, California. The Condominium Plan is amended to correct the Residential Unit numbers shown on Sheets 55 and 56 thereof by deleting Sheets 55 and 56 of the Condominium Plan and substituting therefor the Sheets 55 and 56 attached hereto. Except as set forth above, the Condominium Plan is unmodified and remains in full force and effect. IN WITNESS WHEREOF, this First Amendment to Pacific Station Condominium Plan has been executed as of M AAJ"l , 2011. PACIFIC STATION PROPERTY LLC, a Delaware limited liability company BY: Pacific Station Holdings LLC, a Delaware limited liability company, its sole Member BY: Pacific Station LLC, a California limited liability company, its Manager By: W. Neil Fox, III, its Man er By: John DeWal Associates LLC, a California ited liability c mpan 'ts Manag By: e is M nager 101449432.2/36255-00002 1 Pacific Station Condominium Plan Amendment 5919 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Luce, Forward, Hamilton &Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attn: Nancy T. Scull, Esq. FIRST AMENDMENT TO PACIFIC STATION CONDOMINIUM PLAN We,the undersigned, being all of the record owner(s) of, and record holder(s)of security interests in, the real property described below, wish to amend that certain Pacific Station Condominium Plan recorded in the Office of the County Recorder of San Diego County, California, on January 19, 2011, as Document No. 2011-0033817 ("Condominium Plan") as set forth below, and do hereby consent to the recordation of this Amendment to Pacific Station Condominium Plan pursuant to California Civil Code Section 1351(e). The Condominium Plan encumbers Lot 1 of CITY OF ENCINITAS TRACT 05-237, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 15722, filed in the Office of the County Recorder of San Diego County, October 10, 2008, as corrected by Certificate of Correction recorded February 10, 2011 as Document No. 2011-0079751, in the Office of the County Recorder of San Diego County, California. The Condominium Plan is amended to correct the Residential Unit numbers shown on Sheets 55 and 56 thereof by deleting Sheets 55 and 56 of the Condominium Plan and substituting therefor the Sheets 55 and 56 attached hereto. Except as set forth above, the Condominium Plan is unmodified and remains in full force and effect. IN WITNESS WHEREOF, this First Amendment to Pacific Station Condominium Plan has been executed as of 2011. PACIFIC STATION PROPERTY LLC, a Delaware limited liability company BY: Pacific Station Holdings LLC, a Delaware limited liability company, its sole Member BY: bility co Pa Station L Ifomia limited liany, a By: W. Neil Fox, III, its Manager By: John DeWald &Associates, LLC, a California limited liability company, its Manager By: John DeWald, its Manager 101449432.2 36255-00002 1 Pacific Station Condominium Plan Amendment 5920 PACIFIC STATION CONDO SALES, LLC, a Delaware limited liability company BY: CH Pacific Station, LLC, a Delaware limited liability company, its Manager BY: Concordia Communities, LLC, a Delaware limited liability company, its Manager By: Name: Title: PACIFIC STATION MASTER ASSOCIATION, a California nonprofit mutual benefit corporation By: Name: Title: By: Name: Title: SURVEYOR'S STATEMENT: I hereby state that I am a licensed land surveyor of the State of Califomia, and that Sheets 55 and 56 attached to this First Amendment to Pacific Station Condominium Plan have been revised from Sheets 55 and 56 of the Condominium Plan only to correct the numbering of the Residential Units shown thereon. C , 3- 23-LL ) ph t. Yuhas, LS 211 Date '-Registration Expired 6/30/2011 D SUQG C LS 8211 v'J �Q' 9��F CA��F 101449432.2/36255-00002 2 Pacific Station Condominium Plan Amendment 5921 PACIFIC STATION CONDO SALES, LLC, a Delaware limited liability company BY: CH Pacific Station, LLC, a Delaware limited liability company, its Manager BY: Concordia Communities, LLC, a Delaware limited liability company, its Manager By: Name: Title: PACIFIC STATION STER AS CIATION, a California nonprofit mutual enefit corporate n By: Name: Title: By: Name: Levily Xe- Title: SURVEYOR'S STATEMENT: I hereby state that I am a licensed land surveyor of the State of California, and that Sheets 55 and 56 attached to this First Amendment to Pacific Station Condominium Plan have been revised from Sheets 55 and 56 of the Condominium Plan only to correct the numbering of the Residential Units shown thereon. Joseph C. Yuhas, LS 5211 Date Registration Expires 06/30/2011 101449432.21 36255-00002 2 Pacific Station Condominium Plan Amendment 5922 PACIFIC STATION CONDO SALES, LLC, a Delaware limited liability company BY: CH Pacific Station, LLC, a Delaware limited liability company, its Manager BY: Concordia Communities, LLC, a Delaware limited liability company, its Manager By: Name: Title: PACIFIC STATION MASTER ASSOCIATION, a California nonprofit mutual benefit corporation By: Name: Title: By: Name: Title: SURVEYOR'S STATEMENT: I hereby state that I am a licensed land surveyor of the State of California, and that Sheets 55 and 56 attached to this First Amendment to Pacific Station Condominium Plan have been revised from Sheets 55 and 56 of the Condominium Plan only to correct the numbering of the Residential Units shown thereon. Joseph C. Yuhas, LS 5211 Date Registration Expires 06/30/2011 101449432.2/36255-00002 2 Pacific Station Condominium Plan Amendment 5923 STATE OF CALIFORNIA ) COUNTY OF ) On before me, 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) STATE OF CALIFORNIA ) COUNTY 0 ) On ifi•2t t , liatQr me, NotarV Public, personally appea who proved to me on basis of satisfactory evidence to be the persorr(e) whose name(* is/ere subscribed to the within instrument and acknowledged to me that he/sW@AAOy executed the same in his/hel;4hae authorized capacity(k*, and that by his/heitther signature(s)-on the instrument the persons ,, or the entity upon behalf of which the person(&)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. Obignat a nd and official seal. OFFICIAL SEAL L.MONTES NOTARY PUBLIGCALIFORNIA� COMM.NO.1810258 (Seal) SAN OIEGO COUNTY MY COMM.EXP.AUG.19 2012 101449432.2 136255-00002 3 Pacific Station Condominium Plan Amendment 5924 STATE OF CALIFORNIA ) COUNTY OF`JAVA On C(WQX\ cl°I, O before me,'VNV \60 \')fl��QC�as . Notary Public, personally appeared \'� , N \N FC-X who proved to me on the basis of satisfactory evidence to be the persorlK whose nameLK is/arc subscribed to the within instrument and acknowledged to me that he/gde/fArexecuted the same in his/br/t r authorized capacity( and that by his/Wther signatureK on the instrument the person(pf,, 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 an§OfFcial seal. PATRICIA GALLEGIOS �����. AAA ���\ Commission * 1769734 � Qe��l4)''_\ Notary Public -California UUU••• San Diego County Signature (Seal) ,,,,,,COMMOOmgeP22 2011 STATE OF CALIFORNIA ) COUNTY OF On before me, 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/shetthey executed the same in his/herttheir authorized capacity(ies), and that by his/herttheir 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) 101449432.2/36255-00002 3 Pacific Station Condominium Plan Amendment 5925 STATE OF CALIFORNIA ) COUNTY OF SCJ Y1 bU(4� )'1 c OnMa.YCY) IS before me, 1TY(a" XNl�U�i y G � Notary Public, personally appeared d• R• ` o 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 m hand and official seal. "DCo'wI7 NICOLE SNOEA �7 /� /y C041u.S 1781099 X r�lY1,Vl Nt,(,Ol�l ,u/AX/I/ N NOTARY DBUDCOUTY su OrtP. COUNTY Signature (Seal) rA�� Eco. ta•""t STATE OF CALIFORNIA ) COUNTY OF ) On before me, 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) 1014494321/36255-00002 3 Pacific station Condominium Plan Amendment 5926 STATE OF CALIFORNIA ) COUNTY 0 A&I ) On of re me, KA,, 11 �v Notary Public, personally appeared - who proved to me o asis of s tis tory vidence to be the person* whose name* Wave- subscribed to the within instrument and ackno dged to me that he/shekhey executed the same in hisllrerlthef authorized capacity(Jee} and that by his/h^FAheir signature(&) on the instrument the person(&), or the entity upon behalf of which the person"tacted, 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. OFFICIAL SEAL eSTFFIFOR an and official seal. _ L.MONIES � , � NOTARY PUBLIGCALIFORNW NO.1810258 SAN DIEGO COUNTY (Seal) MY CO MM.EXP.AUG.19 2012 CALNIA ) COUNT Y OF ) On before me, 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) 101449432.2 1 36255-00002 4 Pacific Station Condominium Plan Amendment 5927 CONSENT OF LENDER The undersigned, as holder of the beneficial interest in that certain deed of trust recorded in the Office of the County Recorder of San Diego County on July 25, 2008 as Instrument No. 2008-0399820, pursuant to that certain assignment recorded May 19, 2010 as Instrument No. 2010-0250236 of Official Records, hereby consents to the recordation of this First Amendment to Pacific Station Condominium Plan. Date: 31 , ?0k1 G-III CALIFORNIA LENDING LIMITED PARTNERSHIP, a Delaware limited partnership By: G-III California Lending LLC, its General Partner, a Delaware limited partnership By: Fidelity Real Estate Growth Fund III, L.P., its Sole Member, a Delaware limited partnership By: Pyramis Global Advisors Trust Company, as Investment Advisor and not individually By: 2 -+ Name: 414te Title: .nLE wFa�gd✓ STATE OF ) COUNTY OF ) On before me, ` Notary Public, personally appeared who proved to me on the b is of sati'sfattdry evidence o be the person(s) whose name(s) is/are subscribed to the within instr ment 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. S my han a d d 'al seal. Si a ur (Seal) / 101449432.2/36255-00002 5 Pacific Station Condominium Plan Amendment 5928 CONSENT OF LENDER The undersigned, as holders of the beneficial interest in that certain deed of trust recorded in the Office of the County Recorder of San Diego County on February 28, 2011 as Instrument No. 2011-0108557, hereby consent to the recordation of this First Amendm t to Pacific Station C ndominium Plan. Date: 3 2 1 Greggory Belzberg,a authorized agent fort following lenders: MMG Endowment Care Trust and Post-2604 Merchandise Escrow Assets, LLC, a Delaware limited liability company, as to an undivided $4,000,000/$15,000,000 interest; Bel-Cal Joint Venture, as to an undivided $4,000,000/$15,000,000 interest; Ari Capital Partners, LLLP, a Colorado limited liability partnership, as to an undivided $3,000,000/$15,000,000 interest; Pace Villages, Ltd., a British Columbia corporation, as to an undivided $2,000,000/$15,000,000 interest;and Paragon Capital Corporation, Ltd., an Alberta corporation,as to an undivided $2,000,000/$15,000,000 interest STATE OF CALIFORNIA ) Los IW�tcs ) COUNTY OF ) On 1MAMM"116/0' before me, KM Notary Public, personally appeared Gaa-Ga°R Y _60L2.0.%6A_rr 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) KATNE BRENNER CEANE Commission X 1915463 Z Notary Public •California Los Angeles County M Comm Expires Jan 2,2015 101449432.2/36255-00002 6 Pacific Station Condominium Plan Amendment 5929 PACIFIC STATION CONDOMINIUM PLAN iST S 2ND FLOOR RESIDENTIAL LOFTS SCALE V = 10' 8.5' 20.3' D D e 0.5 us 20.3' 4.5' 20.3' } o in M 0 0 ti 11.9' rn un v n; 1ST FLOOR m UNIT 237 3.9' C-5 2ND FLOOR UNIT 237 C-5 cv 5.6' 5.6' 0 14.8' PASCO LARET SUITER 6 ASSOCIATES 535 N.COAST H7.101 STE A SOLANA BEACH CA 92075 PH 858.259.8212 PE 1409 2-11-11 SHEET 55 OF 61 SHEET 5930 PACIFIC STATION CONDOMINIUM PLAN 1ST 6 2ND FLOOR RESIDENTIAL LOFTS SCALE 1" = 10' 1.0' 20.6' 8.5' ;, 6 ai 16 U II Lo 21.5' f 45 c 20.5' 4 0 9 19' o}n I ^ 1ST FLOOR Q 4 2ND FLOOR UNIT 236 UNIT 236 C-6 C-6 5.6' 4.0 5.6' Cc N N h ui 14.9' 14.9' PASCO LARET SUITER 6 ASSOCIATES 535 N.COAST HI.101 STE A SOLAPH BEACH 59 821275 PE 1409 2-11-11 SHEET 56 OF 61 SHEETS