2999199995 95/29/2999199299 J, . RECORDING REQUESTED BY FIRST AMERICAN TITLE Goo QLRHEDR COUNTY RECORDING FEE: 18.00 II II II II by DeutsChe Bank Berkshire Mortgage, Inc. 7575 Irvine Center Drive 3 PCS Suite #200 Irvine, California 92618 Attn: Loan Closing Department '27 Uri ASSIGNMENTDF - MULTIFAMILY DEED OF TRUST, ASSIGNMENT 0F RENTS, SECURITY . AGREEMENT AND FIXTURE FILING (Library Gardens Apartments) KNOW ALL MEN BY THESE PRESENTS: THAT DEUTSCHE BANK BERKSHIRE MORTGAGE, INC, 91 Delaware corporation, whose address is 0/0 DB Mortgage Services, LLC, One Beacon Street, 14th Floor, Boston, Massachusetts 02108 (?Lender?), as the holder of the instrument hereinafter described and for valuable consideration hereby endorses, assigns and delivers to FANNIE MAE, a corporation organized and existing under the laws of the United States, whose address is 0/0 DB Mortgage Services, LLC, One Beacon Street, 14th Floor, Boston, Massachusetts 02108, its successors, participants and assigns, all right, title and interest of Lender in and to the following: A Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture. Filing among GRANITE LIBRARY GARDENS LP, a Delaware limited partnership (the i?Borrower?), First American Title Insurance Company, as Trustee, and Lender as Bene?ciary, dated as of the 28th day of May, 2009, and recorded concurrently herewith, securing the payment of a Multifamily Note, dated the 28th day of May, 2009, in the original principal amount of $22,541,000.00 made by the Borrower, payable to the order of Lender, and creating a ?rst lien on the property described in Exhibit A attached hereto and by this reference made a part hereof. - This Assignment Agreement shall be governed in all respects by the laws of the state in which the aforementioned instrument was recorded and shall be binding upon and shall inure to the bene?t of the parties hereto and their respective successors and assigns. Assignment of Security Instrument Page 1 (Library Gardens Apartments) IN WITNESS WHEREOF, Lender has caused its name to be signed hereto by its authorized of?cer this ?~day of May, 2009, to be effective as of the 28th day of May, 2009. DEUTSCHE BANK BERKSHIRE MORTGAGE, INC, a Delaware corporation mite Name: Thomas J. White Title: Vice President Name: Heidi Marrin Title: Assistant Vice President STATE OF CALIFORNIA COUNTY or . On may 59c; 20- at)? before me, NotaryPublic, personaligr appeared 7370297445 (:77 IE. ?ria/ who proved to me on the basis of satisfactory evidence to be the person(s) whose name Ale/are subscribed to the within instrument and acknowledged to me that helsherthey executed the same in hisiheaftheir authorized capacity?es), and that signature on the instrument, the person(s) or the entity(ies) 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. . . ., u. CELESTE LITTLETUN Witness my hand and offic1al seal. Eur: Commismn 1341153 Notary Public Calitornia "2 1 Orange County Comm. EX iras Mar 20. 2013 Signature . (This area for of?cial notarial seal) Assignment of Security Instrument Page 2 (Library Gardens Apa?ments) EXHIBIT A (Library Gardens Apartments) Legal Desccigtion The land referred to in this Commitment is situated in the City of Berkeley, County of Alameda State of California, and Is described as follows: PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT APPROVED BY THE CITY OF BERKELEY DATED FEBRUARY 6, 2003 AND RECORDED IN THE OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA ON APRIL 14, 2003 AS INSTRUMENT NO. 2003-215496 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF BLOCK 6, AS SHOWN ON THE MAP ENTITLED TRACT, MAP NO. FILED IN BOOK 16 OF MAPS, PAGE 10, AND A PORTION OF HOTEL FILED IN BOOK 28 OF MAPS, PAGE 39, IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, AND DESCRIBED IN THE LOT LINE ADJUSTMENT APPROVED BY THE CITY OF BERKELEY, DATED FEBRUARY 6, 2003, RECORDED APRIL 14, 2003 AS SERIES NO. 2003215496 OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERN LINE OF BANCROFT WAY, DISTANT THEREON SOUTH 80?47?16" WEST 315.50 FEET FROM THE POINT OF INTERSECTION THEREOF THE WESTERN LINE OF SHATTUCK AVENUE, AS SAID WAY AND AVENUE ARE SHOWN ON SAID THENCE ALONG SAID NORTHERN LINE, SOUTH 80?47?16" WEST 222.62 THENCE NORTH 9?12'44" WEST 134.63 THENCE NORTH 80?47'16" EAST 39.22 FEET TO A POINT WHICH BEARS SOUTH 9?12'44" EAST 128.64 FEET FROM A POINT ON THE SOUTHERN LINE OF KITTREDGE STREET WHICH BEARS NORTH 80?47'16" EAST ALONG SAID LINE 94.73 FEET FROMAN INTERSECTION THEREOF WITH THE EASTERN LINE MILVIA STREET, AS SAID STREETS ARE SHOWN ON SAID THENCE NORTH 93?12'44" WEST 128.64 FEET TO SAID SOUTHERN THENCE ALONG SAID LINE, NORTH 80?47'16" EAST 268.41 THENCE SOUTH 9?12?44" EAST 128.64 THENCE SOUTH 80?47'16" WEST 85.01 FEET TO A POINT WHICH BEARS NORTH 9?12'44? WEST 134.63 FEET FROM THE POINT OF THENCE SOUTH 9?12'44" EAST 134.63 FEET TO THE POINT OF BEGINNING. . EXCEPTING THEREFROM: ANY PORTION THEREOF LYING WITHIN LOT 11 OF BLOCK 6 OF SAID SHATTUCK TRACT. APN: 057*2028-014-02 Assignment ofSecurity Instrument Page A~l (Library Gardens Apartments) I RECORDING REQUESTED av FIRST AMERICAN TITLE I I. 2007215431 05 . RECORDING REQUESTED BY . OFFICIAL RECORDS 13:8 m1 AND WHEN RECORDED MAIL pagg?ggno Inc FEE: 27.ee THIS DEED AND ALL 50 California Street, Suite 200 San Francisco, California 9411 1 Attention: Michael Holst W55 I (Above Space for Recorder?s Use Only GRANT DEED Documentary Transfer Tax not shown pursuant to Section 1932 ot?the Revenue and Taxation Code, as amended. Ill/Iii Iii/it FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 2020 KITTREDGE LLC, a California limited liability company (?Grantor?), hereby GRANTS to GRANITE-LIBRARY GARDENS LP, a Delaware limited partnership, the following described real preperty (the roperty?) located in the County of Alameda, State of California: SEE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE . SUBJECT TO: 1. Real property taxes and assessments, not delinquent. 2. All other covenants, conditions, restrictions, reservations, rights, rights of way, easements, encumbrances, liens and title matters of record as of the date hereof, [Remainder of page intentionally left blank] a 553222392 IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as ofthe day ofJune, 2007. GRANTOR: 2020 KITTREDGE LLC, a California limited liability company By: Library Gardens LLC, a California limited liability company, its Manager - By: EMG Management LLC, a Nevada limited liability company, its Manager By: Equity Management Group, a Nevada cmporation, its Manager Name: 1112:" WC Its: (V 37 John H- DaCIarcj LEGALUSWW ii 563222892 STATE OF CALIFORNIA A - COUNTY ori?ce/as) On jar/Lie, ,2007, before me, gb?? ai?fmm Notary Public in and for said state, personally appeared 795W 043 4/8/35 personally known to me (or proved to me on the basis of satisfactory evidence) t6 be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, . and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, exe0uted the instrument. SS. WITNESS my hand and of?cial seal. ?aw ?ag. Notary Public in and for said State 2. 52/37/a003 563222892 EXHIBIT A Legal Description That certain real property in the City of Berkeley, County of Alameda, State of California, described as follows: . PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT APPROVED BY THE CITY OF BERKELEY DATED FEBRUARY 6, 2003 AND RECORDED IN THE OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA ON APRIL 14, 2003 AS INSTRUMENT NO. 2003?2153496 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF BLOCK 6, AS SHOWN ON THE MAP ENTITLED TRACT, MAP NO. FILED IN BOOK 16 OF MAPS, PAGE 10, AND A PORTION OF HOTEL FILED IN BOOK 28 OF MAPS, PAGE 39, IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, AND DESCRIBED IN THE LOT LINE ADJUSTMENT APPROVED BY THE CITY OF BERKELEY, DATED FEBRUARY 6, 2003, RECORDED APRIL 14, 2003 AS SERIES NO. 2003-215496 OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERN LINE OF BANCROFT WAY, DISTANT THEREON SOUTH 80?47? 1 6? WEST 315.50 FEET FROM THE POINT OF INTERSECTION THEREOF - WITH THE WESTERN LINE OF SHATTUCK AVENUE, AS SAID WAY AND AVENUE ARE SHOWN ON SAID THENCE ALONG SAID NORTHERN LINE. SOUTH 80?47? 16? WEST 222.62 THENCE NORTH 9812?44" WEST 134.63 THENCE NORTH 80?47? 16? EAST 39.22 FEET TO A POINT WHICH BEARS SOUTH 9?12?44". EAST 128.64 FEET FROM A POINT ON THE SOUTHERN LINE OF KITTREDGE STREET WHICH BEARS NORTH 80?47?16? EAST ALONG SAID LINE 94.73 FEET FROM AN INTERSECTION THEREOF WITH THE EASTERN LINE OF MILVIA STREET, AS SAID STREETS ARE SHOWN ON SAID THENCE NORTH 9012144? WEST 128.64 FEET TO SAID SOUTHERN THENCE ALONG SAID LINE, NORTH 80?47?16" EAST 268.41 THENCE SOUTH 9012144" EAST 128.64 THENCE SOUTH 80?47?16" WEST 85.01 FEET TO A POINT WHICH EEARS NORTH 53?12?44" WEST 134.63 FEET FROM THE POINT OF THENCE SOUTH 9012*44" EAST 134.63 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM: ANY PORTION THEREOF LYING WITHIN LOT 1 I OF BLOCK 6 OF SAID SHATTUCK TRACT. - AFN: 057-2028-014-02 II 563222392