97-049 Sunnyview Lutheran Home Escrow Deposit and Trust AgreementQuint & Thimmig LLP
ESCROW DEPOSIT AND TRUST AGREEMENT
by and among the
CITY OF CUPERTINO, CALIFORNIA,
SUNNY VIEW LUTHERAN HOME,
and
05/05/97
06/20/97
U.S. BANK OF IDAHO,
as successor to The Idaho First National Bank, as Trustee, as Escrow Bank
Dated July ,1997
Relating to:
City of Cupertino
Insured Taxable Retirement Facility Revenue Certificates of Participation
(Sunny View Lutheran Home), Series 1989 B
03004.01
ESCROW DEPOSIT AND TRUST AGREEMENT
This Escrow Deposit and Trust Agreement is made and entered into this _ day of
July, 1997, by and among the CITY OF CUPERTINO, a municipal corporation and general law
city organized and existing under the laws of the State of California (the "City"), SUNNY
VIEW LUTHERAN HOME, a nonprofit, public benefit corporation organized and existing
under the laws of the State of California (the "Corporation") and U.S. BANK OF IDAHO, as
successor to The Idaho First National Bank, a banking corporation having a principal corporate
trust office in the City of Boise, Idaho, as trustee under the 1989B Trust Agreement, as
hereinafter defined (the "1989B Trustee" and "Escrow Bank");
WITNESSETH:
WHEREAS, the Corporation and the City have heretofore entered into that certain
Supplemental Installment Purchase Agreement, dated as of February 1, 1989 (the "1989B
Installment Purchase Agreement"), pursuant to which the Corporation sold certain facilities (the
"Facilities") to the City, and the City agreed to make certain purchase payments (the "1989B
Purchase Payments") to the Corporation; and
WHEREAS, in order to obtain sufficient moneys to make the 1989B Purchase Payments,
the City and the Corporation entered into that certain Supplemental Installment Sale
Agreement, dated as of February 1, 1989 (the "1989B Installment Sale Agreement") pursuant to
which the City sold the Facilities back to the Corporation and the Corporation agreed to make
certain installment payments (the "1989B Installment Payments") to the City; and
WHEREAS, the 1989B Installment Purchase Agreement provides that the City may, on
any date, but at the sole direction of the Corporation, secure the payment of the 1989B
Purchase Payments by a deposit with the 1989B Trustee pursuant to Section 10.02 of that
certain Supplemental Trust Agreement, dated as of February 1, 1989, by and among the City,
the Corporation and the 1989B Trustee (the "1989B Trust Agreement"); and
WHEREAS, pursuant to the 1989B Trust Agreement, the 1989B Trustee agreed, among
other matters, to execute and deliver certificates of participation (the "1989B Certificates")
representing proportionate interests of the owners thereof to receive 1989B Purchase Payments
made by the City (such payments derived from 1989B Installment Payments made by the
Corporation) and to apply such 1989B Purchase Payments to the payment of principal and
interest with respect to the 1989B Certificates, and to administer certain funds and accounts,
created by the 1989B Trust Agreement; and
WHEREAS, the Corporation has determined that, as a result of favorable financial
market conditions, it is in its best interests at this time to refinance its obligation to make the
1989B Installment Payments under the 1989B Installment Sale Agreement and, as a result
thereof, to refinance the City's obligation to make 1989B Purchase Payments under the 1989B
Installment Purchase Agreement and refund the 1989B Certificates; and
WHEREAS, to that end, the Corporation has made application to the California Health
facilities Financing Authority (the "Authority") for the Authority to issue its California Health
Facilities Financing Authority Insured Health Facility Revenue Bonds (Sunny View Lutheran
Home), 1997 Series A (the "Bonds") and to make a loan of the proceeds of such bonds to the
Corporation in part to accomplish such refinancing;
WHEREAS, the Corporation proposes to make the deposit of moneys referenced in the
1989B Trust Agreement and to appoint the Escrow Bank for the purpose of applying said
deposit to the payment and redemption of the 1989B Certificates in accordance with the 1989B
Trust Agreement, and the Escrow Bank desires to accept said appointment; and
WHEREAS, under California law, the Escrow Bank has full powers to act with respect
to the irrevocable escrow created herein and to perform the duties and obligations to be
undertaken pursuant to this Escrow Deposit and Trust Agreement:
NOW, THEREFORE, in consideration of the above premises and of the mutual promises
and covenants herein contained, the parties hereto DO HEREBY AGREE as follows:
Section 1. Appointment of Escrow Bank. The City and the Corporation hereby appoint
the Escrow Bank as escrow holder for all purposes of this Escrow Deposit and Trust Agreement
and in accordance with the terms and provisions of this Escrow Deposit and Trust Agreement,
and the Escrow Bank hereby accepts such appointment, subject to the terms and provisions
hereof.
Section 2. Establishment of Escrow Fund. There is hereby created by the City and the
Corporation with, and to be held by, the Escrow Bank, for the payment of the 1989B
Installment Payments and the 1989B Purchase Payments, an irrevocable escrow to be held in
trust by the Escrow Bank for the benefit of the owners of the 1989B Certificates, said escrow to
be designated the "1989B Escrow Fund" (the "1989B Escrow Fund"). All amounts in the 1989B
Escrow Fund are hereby irrevocably transferred to the Escrow Bank, for payment of the 1989B
Installment Payments and the 1989B Purchase Payments, to be held by the Escrow Bank in
trust for the benefit of the owners of the 1989B Certificates, except as specified in Section 7 and
Section 8 hereof. If at any time the Escrow Bank shall receive actual knowledge that the
amounts in the 1989B Escrow Fund will not be sufficient to make any payment required by
Section 6 hereof, the Escrow Bank shall notify the Corporation of such fact and the Corporation
shall immediately cure such deficiency.
Section 3. Deposit into 1989B Escrow Fund. In order to provide moneys to fund the
1989B Escrow Fund, concurrently with the delivery of the Bonds, the Corporation shall cause
the amount of $ to be deposited in the 1989B Escrow Fund, $ of which
shall be derived from the proceeds of the Bonds and $ of which shall be derived
from certain moneys held with respect to the 1989B Certificates, as set forth in Section 4 hereof.
Section 4. Transfer of 1989B Trust Agreement Funds. Concurrently with the delivery of
the Bonds, the Corporation shall cause the 1989B Trustee to transfer the sum of $
held with respect to the 1989B Certificates ($ of which shall be derived from
amounts remaining on deposit in the interest account held with respect to the 1989B
Certificates, $ of which shall be derived from amounts remaining on deposit in the
principal account held with respect to the 1989B Certificates, and $ of which shall
be derived from amounts remaining on deposit in the certificate reserve account held with
respect to the 1989B Certificates) to the Escrow Bank for deposit in the 1989B Escrow Fund.
The City and the Corporation hereby direct the Escrow Bank, as trustee under the 1989B
Trust Agreement, that amounts remaining in any other fund or account held by the 1989B
Trustee and created with respect to the 1989B Certificates, including interest earnings received
by the 1989B Trustee with respect to any other fund or account, shall, after payment of all fees
and expenses of the 1989B Trustee, be transferred to the Trustee for deposit in the purchase
payment account held with respect to the Bonds (the "Purchase Payment Account") and
applied to the payment of Purchase Payments as the same shall become due.
-2-
Section 5. Investment of Deposit in 1989B Escrow Fund. The Escrow Bank shall invest
$ of the moneys deposited into the 1989B Escrow Fund pursuant to the preceding
section in the securities set forth in Exhibit A attached hereto and by this reference incorporated
herein (the "Escrowed Federal Securities") and shall hold the remaining $ in cash,
uninvested. The Escrowed Federal Securities shall be deposited with and held by the Escrow
Bank in the 1989B Escrow Fund solely for the uses and purposes set forth herein.
Section 6. Instructions as to Application of Deposit. The City and the Corporation
hereby instruct the Escrow Bank to apply the moneys and Escrowed Federal Securities
deposited in the 1989B Escrow Fund pursuant to Section 3 hereof to: (a) prepay the principal
and interest with respect to the 1989B Installment Payments and the 1989B Purchase Payments
and, therefore, the 1989B Certificates, through and including January 1, 1999, and (b) to
prepay, on January 1, 1999, the 1989B Installment Payments and the 1989B Purchase Payments
and, therefore, the 1989B Certificates then outstanding at a prepayment price of 102% of the
principal amount to be prepaid, all pursuant to and in accordance with the provisions of the
1989B Trust Agreement and in the amounts set forth in Exhibit B attached hereto and by this
reference incorporated herein.
Section 7. Remaining Moneys. Any interest income resulting from investment or
reinvestment of moneys pursuant to this Agreement and not required for the payments specified
in Section 6 hereof shall, upon receipt, be paid to the Trustee for deposit into the Purchase
Payment Account.
Section 8. Substitution of Federal Securities. The Corporation may at any time direct the
Escrow Bank to substitute Federal Securities then issued by the United States of America for
any or all of the Escrowed Federal Securities then deposited in the 1989B Escrow Fund,
provided that any such direction and substitution shall be accompanied with a certification of
an independent certified public accountant or firm of certified public accountants of favorable
national reputation experienced in the refunding of obligations of political subdivisions that the
Federal Securities then to be so deposited in the 1989B Escrow Fund, together with interest to
be derived therefrom, together with the cash, if any, and other Federal Securities on deposit
therein and the interest to be derived therefrom, shall be in an amount at all times at least
sufficient to make the payments specified in Section 6 hereof when due and, further, to be
accompanied with an opinion of nationally recognized bond counsel that the substitution
complies with this paragraph and will not affect, for federal income tax purposes, the exclusion
from gross income for purposes of federal income taxes of the interest payable with respect to
the Bonds or payable with respect to the 1989B Certificates. In the event that, following any
such substitution of Escrowed Federal Securities pursuant to this Section 8, there is an amount
of moneys or Federal Securities in excess of an amount sufficient to make the payments required
by Section 6 hereof derived from interest earnings on the Federal Securities, such excess shall be
paid to the Trustee for deposit into the Interest Subaccount of the Purchase Payment Account
pursuant to the Trust Agreement.
Section 9. Notice of Redemption. The 1989B Trustee is hereby directed, at the expense of
the Corporation, to cause notice to be mailed to the registered owners of the outstanding 1989B
Certificates to be redeemed, notice of redemption of such 1989B Certificates to comply with
Section 4.03 of the 1989B Trust Agreement.
Section 10. Application of Certain Terms of the 1989B Trust Agreement. All of the terms
of the 1989B Trust Agreement regarding the making of payments of principal, premium, if any,
and interest with respect to the 1989B Certificates are incorporated in this Escrow Deposit and
Trust Agreement as if set forth in full herein.
-3-
Section 11. Compensation to Escrow Bank. The Escrow Bank hereby acknowledges that
it has received on the date hereof partial compensation for its duties under this Escrow Deposit
and Trust Agreement representing its first year administration fees, except that the Corporation
shall indemnify and hold harmless the Escrow Bank for reasonable out-of-pocket costs such as
mailing costs, redemption expenses, reasonable legal fees and other costs and expenses relating
hereto and, in addition, reasonable fees, costs and expenses relating to the purchase of any
Federal Securities, but under no circumstances shall amounts deposited in the 1989B Escrow
Fund be deemed to be available for said purposes. The Escrow Bank expressly waives any lien
upon or claim against all amounts in the 1989B Escrow Fund except for the benefit of the
owners of the 1989B Certificates as provided in Section 4 hereof. The Corporation and the
Escrow Bank hereby agree that the Escrow Bank shall be paid its subsequent reasonable annual
administration fees, as billed, plus appropriate reasonable out-of-pocket expenses.
Section 12. Protection of Escrow Bank . The provisions of the 1989B Trust Agreement
relating to the protection, liability and indemnification of the Trustee shall apply to the Escrow
Bank . The Escrow Bank shall not be responsible for the application of moneys transferred
hereunder by the Escrow Bank to the Trustee.
Section 13. Notices. All written notices to be given under this Escrow Deposit and Trust
Agreement shall be given by mail to the party entitled thereto at its address set forth below, or
at such address as the party may provide to the other parties in writing from time to time.
If to the Corporation: Sunny View Lutheran Home
22445 Cupertino Road
Cupertino, CA 95014
Attention: Executive Director
Telephone: (408) 253-4300
Telecopier: (408) 253-6015
If to the City: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attention: Finance Director
Telephone: (408) 777-3226
Telecopier: (408) 777-3366
If to Escrow Bank: U.S. Bank of Idaho
101 South Capitol Boulevard, Suite 315
Boise, ID 83702
Telephone: (208) 383-7177
Telecopier: (208) 383-7329
Section 13. Applicable Law. This Escrow Deposit and Trust Agreement shall be
construed and governed in accordance with the laws of the State of California.
Section 14. Severability. Any provision of this Escrow Deposit and Trust Agreement
found to be prohibited by law shall be ineffective only to the extent of such prohibition, and
shall not invalidate the remainder of this Escrow Deposit and Trust Agreement.
Section 15. Execution in Counterpart. This Escrow Deposit and Trust Agreement may be
executed in counterparts and each of said counterparts shall be deemed an original for all
purposes of this Escrow Deposit and Trust Agreement. All of such counterparts taken together
shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF, the Escrow Bank, the City and the Corporation have each
caused this Escrow Deposit and Trust Agreement to be executed by their duly authorized
officers all as of the date first above written.
Attest:
Attest:
City Clerk
Secretary
-5-
CITY OF CUPERTINO, CALIFORNIA
Finance Director
SUNNY VIEW LUTHERAN HOME
Executive Director
U.S. BANK OF IDAHO, as 1989B Trustee,
as Escrow Bank
:A
Authorized Officer
EXHIBIT A
SCHEDULE OF ESCROWED FEDERAL SECURITIES
Tyne Maturity Coupon Principal Price Cost Accrued Total
Exhibit A
EXHIBIT B
PAYMENT AND REDEMPTION SCHEDULE OF 1989B CERTIFICATES
Interest
Payment
Maturing
Redeemed Redemption
Date
Principal
Interest
Principal Premium
01/01/98
$30,000
$115,187.50
— —
07/01/98
—
113,762.50
— —
01/01/99
35,000
113,762.50
$2,210,000 $44,200
Exhibit B
Total
Payment
$ 145,187.50
113,762.50
2,402,962.50
Quint & Thimmig LLP
AFTER RECORDATION PLEASE RETURN TO:
Quint & Thimmig LLP
100 Pine Street, Suite 2525
San Francisco CA 94111
Attention: Brian D. Quint, Esq.
TERMINATION AGREEMENT
LOAN NO.
05/05/97
06/20/97
This TERMINATION AGREEMENT, entered into on July ,1997, among the CITY OF
CUPERTINO (the "City"), SUNNY VIEW LUTHERAN HOME (the "Corporation") and the
OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT OF THE STATE OF
CALIFORNIA (the "Office").
WHEREAS, the City has previously caused the execution and delivery of its Insured
Retirement Facility Revenue Certificates of Participation (Sunny View Lutheran Home), Series
1989 A (the "1989A Certificates"), in the aggregate principal amount of $2,100,000, to provide
assistance to the Corporation in (a) the refinancing of various capital improvements undertaken
by the Corporation between 1986 and 1989, including (i) the addition of an 18 -bed personal
care unit, the addition of eight new apartments and the conversion of one office to an
apartment, as well as the complete remodeling of the kitchen and dining room and the
remodeling and renovation of its skilled nursing facility, and (b) the financing of the completion
of the skilled nursing facility renovation (collectively, the "1989A Project");
WHEREAS, the City has also previously caused the execution and delivery of its
Insured Taxable Retirement Facility Revenue Certificates of Participation (Sunny View Lutheran
Home), Series 1989 B (the "1989B Certificates"), in the aggregate principal amount of
$2,400,000, to provide assistance to the Corporation in financing the acquisition of an
apartment building containing 16 two-bedroom units to be converted to an independent living
facility (the "1989B Project");
WHEREAS, the Office insured payment of the principal and interest with respect to the
1989A Certificates (the "1989A Insurance") pursuant to that certain Contract of Insurance,
dated as of January 1, 1989 (the "1989A Contract of Insurance"), among the City, the
Corporation and the Office, and in consideration of the 1989A Insurance and in order to
comply with the requirements of Chapter 1, Part 6, Division 107 of the California Health and
Safety Code, cited as the "California Health Facility Construction Loan Insurance Law" (the
"Insurance Law"), the City, the Corporation and the Office entered into that certain Regulatory
Agreement dated as of January 1, 1989 (the "1989A Regulatory Agreement");
WHEREAS, the City assigned its rights and obligations with respect to the 1989A
Regulatory Agreement to The Idaho First National Bank, subsequently succeeded by U.S. Bank
of Idaho, as trustee, pursuant to that certain Trust Agreement, dated as of January 1, 1989, by
and among the City, the Corporation and such trustee (the "1989A Trust Agreement");
03004.01
WHEREAS, the 1989A Regulatory Agreement was recorded on January 4, 1989, in Book
K808 at Page 2157 of the Official Records of Santa Clara County, State of California;
WHEREAS, the Office insured payment of the principal and interest with respect to the
1989B Certificates (the "1989B Insurance") pursuant to that certain Contract of Insurance,
dated as of February 1, 1989 (the "1989B Contract of Insurance"), among the City, the
Corporation and the Office, and in consideration of the 1989B Insurance and in order to comply
with the requirements of the Insurance Law, the City, the Corporation and the Office entered
into that certain Supplemental Regulatory Agreement dated as of February 1, 1989 (the "1989B
Regulatory Agreement");
WHEREAS, the City assigned its rights and obligations with respect to the 1989B
Regulatory Agreement to The Idaho First National Bank, subsequently succeeded by U.S. Bank
of Idaho, as trustee, pursuant to that certain Supplemental Trust Agreement, dated as of
February 1, 1989, by and among the City, the Corporation and such trustee (the "1989B Trust
Agreement");
WHEREAS, the 1989B Regulatory Agreement was recorded on February 28, 1989, in
Book K860 at Page 424 of the Official Records of Santa Clara County, State of California;
WHEREAS, Section 129180 of the Insurance Law provides that all rights of the lender
and borrower under the Insurance Law shall terminate in the event that the borrower pays the
obligation under the loan in full prior to the maturity thereof;
WHEREAS, pursuant to Section 10.02 of the 1989A Trust Agreement and in accordance
with an escrow agreement dated July 1997, money and securities have been deposited in an
amount sufficient to defease the 1989A Certificates so that they are no longer "Outstanding"
(as defined in the 1989A Trust Agreement) under the 1989A Trust Agreement and to terminate
any security interest under the 1989A Trust Agreement;
WHEREAS, pursuant to Section 10.02 of the 1989B Trust Agreement and in accordance
with an escrow agreement dated July _, 1997, money and securities have been deposited in an
amount sufficient to defease the 1989B Certificates so that they are no longer "Outstanding"
(as defined in the 1989B Trust Agreement) under the 1989B Trust Agreement and to terminate
any security interest under the 1989B Trust Agreement;
WHEREAS, Section 8(c) of the 1989A Contract of Insurance provides that the 1989A
Insurance shall be terminated when the 1989A Certificates are no longer Outstanding under the
1989A Trust Agreement;
WHEREAS, Section 8(c) of the 1989B Contract of Insurance provides that the 1989B
Insurance shall be terminated when the 1989B Certificates are no longer Outstanding under the
1989B Trust Agreement;
WHEREAS, in connection with such deposit, the security interest created by that certain
Deed of Trust, dated as of January 1, 1989 (the "1989A Deed of Trust"), recorded on January
4, 1989, in Book K808 at Page 2139 (Instrument No. 9965180) of the Official Records of Santa
Clara County, State of California, has been terminated;
WHEREAS, in connection with such deposit, the security interest created by that certain
Deed of Trust, dated as of February 1, 1989 (the "1989B Deed of Trust"), recorded on February
28, 1989, in Book K860 at Page 405 (Instrument No. 10021141) of the Official Records of Santa
Clara County, State of California, has been terminated;
-2-
WHEREAS, Article XVI of the 1989A Regulatory Agreement provides that it shall only
be effective while the 1989A Contract of Insurance continues in effect and the Office is the
beneficiary of the security interest created under the 1989A Trust Agreement and the 1989A
Deed of Trust;
WHEREAS, since the 1989A Certificates are no longer "Outstanding" under the 1989A
Trust Agreement, since the security interest created under the 1989A Trust Agreement and the
1989A Deed of Trust have been terminated and since the parties hereto have terminated the
1989A Insurance and released the parties from all rights and obligations under the 1989A
Regulatory Agreement, the holders of the 1989A Certificates have no claim under the 1989A
Contract of Insurance;
WHEREAS, Article XVI of the 1989B Regulatory Agreement provides that it shall only
be effective while the 1989B Contract of Insurance continues in effect and the Office is the
beneficiary of the security interest created under the 1989B Trust Agreement and the 1989B
Deed of Trust; and
WHEREAS, since the 1989B Certificates are no longer "Outstanding" under the 1989B
Trust Agreement, since the security interest created under the 1989B Trust Agreement and the
1989B Deed of Trust have been terminated and since the parties hereto have terminated the
1989B Insurance and released the parties from all rights and obligations under the 1989B
Regulatory Agreement, the holders of the 1989B Certificates have no claim under the 1989B
Contract of Insurance;
NOW, THEREFORE, the City, the Corporation and the Office hereby agree as follows:
Section 1. The foregoing recitals are true and correct and by this reference are
incorporated herein, and the 1989A Insurance, the 1989A Contract of Insurance, the 1989A
Regulatory Agreement, the 1989B Insurance, the 1989B Contract of Insurance and the 1989B
Regulatory Agreement are terminated effective the date of this Termination Agreement. The
termination of the 1989A Trust Agreement and the 1989B Trust Agreement is hereby confirmed
and ratified.
Section 2. On behalf of itself and its agents, successors and assigns, each party hereto
releases the others from any and all claims, rights, obligations, damages and liabilities of any
nature whatever arising out of, or under, the 1989A Contract of Insurance, the 1989A
Regulatory Agreement, the 1989B Contract of Insurance and the 1989B Regulatory Agreement.
Section 3. The parties have read this Termination Agreement and the mutual releases
contained in it and have freely and voluntarily entered into this Termination Agreement.
Section 4. The Office agrees to deliver herewith the following to the Corporation:
(a) a Request for Full Reconveyance relating to the release and reconveyance of the
security interest created by the 1989A Deed of Trust,
(b) a Request for Full Reconveyance relating to the release and reconveyance of the
security interest created by the 1989B Deed of Trust,
(c) a form UCC -3 relating to the Financing Statement dated '1989, executed
by the Corporation in favor of the Office and filed on 1989, in the Office of the
California Secretary of State as Document No.
.L
(d) a form UCC -3 relating to the Financing Statement dated , 1989,
executed by the Corporation in favor of the Office and filed on 1989, in the
Office of the California Secretary of State as Document No.
(e) a form UCC -3 relating to the Financing Statement executed by the Corporation in
favor of the Trustee and the Office and filed on April 25, 1995, in the Office of the Santa Clara
County as Document No. 12874125; and
(f) a form UCC -3 relating to the Financing Statement executed by the Corporation in
favor of the Trustee and the Office and filed on April 25, 1995, in the Office of the Santa Clara
County as Document No. 12874126.
Section 5. This Termination Agreement shall be binding on and inure to the benefit of the
parties and their successors.
Section 6. The laws of the State of California shall govern this Termination Agreement,
the interpretation thereof and any right or liability arising thereunder. Any action or proceeding
to enforce or interpret any provision of this Termination Agreement shall be brought,
commenced or prosecuted in Sacramento County, California.
Section 7. This Termination Agreement may be executed in any number of counterparts,
each of which shall for all purposes be deemed to be an original and all of which shall together
constitute one and the same instrument.
IN WITNESS WHEREOF, the City, the Corporation and the Office each have caused
this Termination Agreement to be executed as of the day and year first above written.
Attest:
Attest:
City Clerk
Secretary
CONSENTED TO:
U.S. BANK OF IDAHO, as Successor
Trustee
Authorized Officer
1�
CITY OF CUPERTINO
Director of Finance
SUNNY VIEW LUTHERAN HOME
Im
Executive Director
OFFICE OF STATEWIDE HEALTH
PLANNING AND DEVELOPMENT
By: David W. Werdegar, MD, MPH,
Director
:11
Dennis T. Fenwick, J.D.
Deputy Director
IONIIIHUr_1
REQUEST BY OFFICE FOR RELEASE
Cal -Mortgage Loan Insurance Division
OFFICE OF STATEWIDE HEALTH PLANNING AND DEVELOPMENT
818 K Street, Room 210
Sacramento, CA 95814
July . 1997
Ms. Beth Bailey -Gates
Senior Escrow Officer
Chicago Title Insurance Company
388 Market Street, Suite 1300
San Francisco, CA 94111
Re: Deed of Trust, dated as of January 1, 1989, recorded on January 4, 1989, in Book K808 at
Page 2139 (Instrument No. 9965180) of the Official Records of Santa Clara County, State of
California
Deed of Trust, dated as of February 1, 1989, recorded on February 28, 1989, in Book K860
at Page 405 (Instrument No. 10021141) of the Official Records of Santa Clara County, State
of California
Ladies and Gentlemen:
The undersigned, as one of the present beneficiaries under that certain Deed of Trust, dated as
of January 1, 1989, and recorded on January 4, 1989, in Book K808 at Page 2139 (Instrument No.
9965180) (the "1989A Deed of Trust") by the Sunny View Lutheran Home ("Corporation") in favor of
you for the benefit of the Office of Statewide Health Planning and Development of the State of California
("Office") and U.S. Bank of Idaho, as successor trustee (the "Trustee"), hereby requests that the 1989A
Deed of Trust be released and the property described therein be reconveyed to the Corporation, the
entity legally entitled thereto.
The undersigned, as one of the present beneficiaries under that certain Deed of Trust, dated as
of February 1, 1989, and recorded on February 28, 1989, in Book K860 at Page 405 (Instrument No.
10021141) (the "1989B Deed of Trust") by the Corporation in favor of you for the benefit of the Office
and the Trustee, hereby requests that the 1989B Deed of Trust be released and the property described
therein be reconveyed to the Corporation, the entity legally entitled thereto.
Sincerely,
OFFICE OF STATEWIDE HEALTH
PLANNING AND DEVELOPMENT
By: David W. Werdegar, MD, MPH,
Director
By
Dennis T. Fenwick, J.D.
Deputy Director