GUARANTYGuaranty • March 25th, 2005 • Calprop Corp • Operative builders • California
THIS GUARANTY (“the “Guaranty”) is made this 6th day of May, 2004, by VICTOR ZACCAGLIN, AS TRUSTEE OF THE VICTOR AND HANNAH ZACCAGLIN TRUST DATED MARCH 20, 1992, (the “Trust” or “Guarantor”), with reference to the following:
EXHIBIT 10.1 LOAN AGREEMENT MILPITAS, CALIFORNIALoan Agreement • December 10th, 1998 • Calprop Corp • Operative builders • California
AGREEMENT TO PURCHASE/SELL MEMBERSHIP INTEREST IN MISSION GORGE, LLC, A California Limited Liability CompanyCalprop Corp • March 25th, 2005 • Operative builders
This Agreement to Purchase/Sell Membership Interest in Mission Gorge, LLC, a California Limited Liability Company, (the “Agreement”), is made as of and is to be effective February 24, 2004, (the “Effective Date”), and is entered into by and between CALPROP CORPORATION, a California Corporation, (referred to herein as “Buyer”) and JOHN CURCI and ROBERT D. CURCI, CO-TRUSTEES OF THE JANET CURCI LIVING TRUST DATED May 25,1985, (referred to herein as “Seller”).
Amended and Restated GuarantyGuaranty • March 25th, 2005 • Calprop Corp • Operative builders • California
This Amended and Restated Guaranty is a restatement of the Guaranty made by Colorado Pacific Homes, Inc., a Colorado Corporation, (the “Guarantor”), dated May 24, 1999 to the Holder of that certain Promissory Note in the original principal amount of $2,320,000.00 dated December 3, 1998 (the “Note”) executed by Calprop Corporation, a California Corporation, (the “Maker”) in favor of Curci-Turner Company, a California General Partnership, (the “Holder”) and is based upon the following facts:
SECURED PROMISSORY NOTESecured Promissory Note • March 25th, 2005 • Calprop Corp • Operative builders
THIS PROMISSORY NOTE (the “Note”) is entered into between VLZ Development, LLC, a Colorado limited liability company (“Maker”) and CURCI INVESTMENTS, LLC, a California limited liability company (“Payee”), as of the date written above with respect to the following facts:
GUARANTYGuaranty • March 25th, 2005 • Calprop Corp • Operative builders • California
THIS GUARANTY is made this 22nd day of December 2003, by VICTOR ZACCAGLIN, Trustee of the Victor and Hannah Zaccaglin Trust dated March 20, 1992, (the “Guarantor”), with reference to the following:
GENERAL GUARANTEEGeneral Guarantee • March 25th, 2005 • Calprop Corp • Operative builders • California
THIS GENERAL GUARANTEE (“GUARANTEE”), dated February 1, 2005 is made by Victor and Hannah Zaccaglin Trust dated Much 20, 1992 (the “Guarantor”), in favor of COMERICA BANK (the “Bank”), and is executed pursuant to the loan agreement dated as of the date of this GUARANTEE between the Bank and Drake Development, LLC, a California limited liability company (the “Borrower”) (such loan agreement, as it may from time to time be supplemented, modified and amended, being referred to in this GUARANTEE as the “Agreement”), the provisions of which are incorporated in this GUARANTEE by reference. The Agreement provides, among other things, for rules of construction which apply to this GUARANTEE. Capitalized terms used in this GUARANTEE and not otherwise defined are used with the meanings set forth in the Agreement.
COMPLETION GUARANTEECalprop Corp • March 25th, 2005 • Operative builders • California
THIS COMPLETION GUARANTEE (“Guarantee”), dated February 1, 2005 is made by Calprop Corporation, a California corporation (the “Guarantor”), in favor of COMERICA BANK (the “Bank”), and is executed pursuant to the Building Loan Agreement dated as of the date of this Guarantee between the Bank and Drake Development, LLC, a California limited liability company (the “Borrower”) (such Building Loan Agreement, as it may from time to time be supplemented, modified and amended, being referred to in this Guarantee as the “Agreement”), the provisions of which are incorporated in this Guarantee by reference. The Agreement provides, among other things, for rules of construction which apply to this Guarantee. Capitalized terms used in this Guarantee and not otherwise defined are used with the meanings set forth in the Agreement.
GENERAL GUARANTY (Real Estate Secured Loan)Calprop Corp • March 25th, 2005 • Operative builders • California
THIS GENERAL GUARANTY (“Guaranty”), dated February 17, 2005, is made by Drake Development, LLC, a California limited liability company; Victor Zaccaglin, an individual; The Victor and Hannah Zaccaglin Trust, dated March 20, 1992 and Scott C. Woodside, an individual (individually and collectively, the “Guarantor”), in favor of INDYMAC BANK, F.S.B. (the “Lender”), and is executed pursuant to the Building Loan Agreement dated as of the date of this Guaranty between the Lender and NORTHPARK 19, LLC, a California limited liability company (the “Borrower”) (such Building Loan Agreement, as it may from time to time be supplemented, modified and amended, being referred to in this Guaranty as the “Agreement”), the provisions of which are incorporated in this Guaranty by reference. The Agreement provides, among other things, for rules of construction which apply to this Guaranty. Capitalized terms used in this Guaranty and not otherwise defined are used with the meanings set forth in the Agreeme
UNSECURED PROMISSORY NOTECalprop Corp • March 25th, 2005 • Operative builders
THIS PROMISSORY NOTE (the “Note”) is entered into between CALPROP CORPORATION, a California Corporation, (“Calprop” or “Maker”) and CURCI INVESTMENTS, LLC, a California limited liability company (“Payee”), as of the date written above with respect to the following facts:
DEED OF TRUSTDeed of Trust • March 25th, 2005 • Calprop Corp • Operative builders
THIS INDENTURE, made this 4th day of May, 1998, between Hunters Chase Ltd., a limited partnership formed under Colorado law whose address is c/o Colorado Pacific Homes, Inc., 11457 Marlborough Drive, Parker, Colorado 80138 (the “Grantor”) and the Public Trustee of the County of Adams, State of Colorado (the “Public Trustee”).
COMPLETION GUARANTYCalprop Corp • March 25th, 2005 • Operative builders • California
THIS COMPLETION GUARANTY (“Guaranty”), dated February 17, 2005 is made by CALPROP CORPORATION, a California corporation (the “Guarantor”), in favor of INDYMAC BANK, F.S.B. (“Lender”), and is executed pursuant to the Building Loan Agreement dated as of the date of this Guaranty between the Lender and NORTHPARK 19, LLC, a California limited liability company (the “Borrower”) (such Building Loan Agreement, as it may from time to time be supplemented, modified and amended, being referred to in this Guaranty as the “Agreement”), the provisions of which are incorporated in this Guaranty by reference. The Agreement provides, among other things, for rules of construction which apply to this Guaranty. Capitalized terms used in this Guaranty and not otherwise defined are used with the meanings set forth in the Agreement.
ASSIGNMENT OF LIMITED LIABILITY COMPANY INTERESTCalprop Corp • March 25th, 2005 • Operative builders
This Assignment (the “Assignment”) of Limited Liability Company Interest dated for identification purposes December 16, 2002, by CALPROP CORPORATION, a California corporation (“Assignor”) in favor of THE JANET CURCI LIVING TRUST NO. II DATED MAY 28, 1985 (“Assignee”), is made with reference to the following recitals and is as follows:
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONSAgreement for Purchase and Sale of Real Property and Escrow Instructions • March 25th, 2005 • Calprop Corp • Operative builders • Colorado
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS (this “Agreement”) is made and entered into as of the 6th day of May, 2004, by and between Colorado Pacific Homes Inc., a Colorado corporation (“Seller”) and VLZ Development, LLC, a Colorado limited liability company (“Buyer”).
General Services Agreement Between Calprop Corporation and Drake Development, LLCGeneral Services Agreement • March 25th, 2005 • Calprop Corp • Operative builders
In consideration for Calprop Corporation (“Calprop”) providing certain administrative and accounting services for Drake Development, LLC (“Drake”) and acting as general contractor on real estate projects of Drake, the funds designated in bank loan agreements, or otherwise set aside for, the management of projects where Calprop provides services shall be shared in the following manner. Two thirds of the funds shall go to Calprop and one third of the funds shall go to Drake. With respect to any services provided by Calprop that do not relate to specific real estate projects of Drake, Drake shall pay Calprop the cost to Calprop of providing such services, as reasonably determined by Calprop, plus 3%.
PLEDGE AGREEMENTPledge Agreement • March 25th, 2005 • Calprop Corp • Operative builders • California
THIS PLEDGE AGREEMENT is entered into effective July 17, 2001, by and among The Victor and Hannah Zaccaglin Trust dated March 20, 1992 (“Guarantor”), Curci-Turner Company, a California corporation (“Lender”), and John Curci, Sr. (“Pledge Holder”) with reference to the following:
DEED OF TRUST AND ASSIGNMENT OF RENTSCalprop Corp • March 25th, 2005 • Operative builders • California
THIS DEED OF TRUST is dated as of _________________________________ and made between Calprop Corporation, a California corporation, as TRUSTOR, whose address is 13160 Mindanao Way, #180, Marina Del Rey, CA 90292, North American Title Insurance Company, as TRUSTEE, whose address is 929 Broadway, Denver, CO 80203, and Curci Investments, LLC, a California limited liability company, as BENEFICIARY, whose address is 717 Lido Park Drive Newport Beach, CA 92663.
STOCK PLEDGE AGREEMENTStock Pledge Agreement • March 25th, 2005 • Calprop Corp • Operative builders • California
THIS STOCK PLEDGE AGREEMENT, (the “Agreement”), is entered into effective November 15, 2001, by and among The Victor and Hannah Zaccaglin Trust dated March 20, 1992, (“Guarantor”), Curci-Turner Company, LLC, a California Limited Liability Company, (“Curci”), and John Curci, (“Pledge Holder”), with reference to the following:
ASSIGNMENT OF LIMITED LIABILITY COMPANY INTERESTCalprop Corp • March 25th, 2005 • Operative builders
This Assignment (the “Assignment”) of Limited Liability Company Interest dated for identification purposes December 16, 2002, by CALPROP CORPORATION, a California corporation (“Assignor”) in favor of THE VICTOR AND HANNAH ZACCAGLIN TRUST DATED MARCH 20, 1992 (“Assignee”), is made with reference to the following recitals and is as follows:
GUARANTYGuaranty • March 25th, 2005 • Calprop Corp • Operative builders • California
THIS GUARANTY is made this 17th day of July, 2001, by VICTOR ZACCAGLIN, Trustee of the Victor and Hannah Zaccaglin Trust dated March 20, 1992, (the “Guarantor”), with reference to the following:
GUARANTYGuaranty • March 25th, 2005 • Calprop Corp • Operative builders • Colorado
THIS GUARANTY is dated and delivered effective as of May 4th, 1998, by Hunters Chase, Ltd., a limited partnership formed under Colorado law whose address is c/o Colorado Pacific Homes, Inc., 11457 Marlborough Drive, Parker, Colorado 80138; telephone: 303-840-9082; and facsimile: 303-840-9082 (the “Guarantor”) to the Holder of a promissory note (the “Note”) between Calprop Corporation, a California corporation whose address is 13160 Mindanao Way, Suite 180, Marina Del Rey, CA 90292 as “Maker” and Curci-Turner Company, a California general partnership whose address is 717 Lido Park Drive, P.O. Box 1549, Newport Beach, CA 92659 as the “Holder” of the Note.
ASSIGNMENT OF LIMITED LIABILITY COMPANY INTERESTCalprop Corp • March 25th, 2005 • Operative builders
This Assignment (the “Assignment”) of Limited Liability Company Interest dated for identification purposes December 16, 2002, by CALPROP CORPORATION, a California corporation (“Assignor”) in favor of JAMS MANAGEMENT, a California Limited Partnership (“Assignee”), is made with reference to the following recitals and is as follows:
