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<br />James P. Kousoulas <br />Attorney <br />Direct: (949) 223-7177 <br />January 24, 2006 <br />VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza. <br />Santa Ana, California 92701 <br />Re: BANK MIDWEST N.A./GENEVA COMMONS GROUP, L.P., a <br />California limited partnership ("Loan") <br />Master Declaration of Covenants, Conditions, Easements and Restrictions <br />and the Second Amendment to Master Declaration of Covenants, Conditions, <br />Easements and Restrictions <br />To Whom It May Concern: <br />This letter shall serve as notice, pursuant to Article XIII of that Master Declaration <br />of Covenants, Conditions, Easements and Restrictions recorded on July 31, 1991, <br />as Instrument No. 91-405476 in the Official Records of Orange County, California <br />(as the same has been or may be amended from time to time, "Declaration") and <br />pursuant to Sections 16.7(d) and 16.12 of the Second Amendment to Master <br />Declaration of Covenants, Conditions, Easements and Restrictions recorded on <br />April 9, 1998, as Instrument No. 19980210010 in the Official Records of Orange <br />County, California ("Second Amendment"), that BANK MIDWEST N.A. <br />("Lender") shall be the holder of the beneficial interest under that certain <br />Construction Deed of Trust, Assignment of Leases and Security Agreement <br />(Including Fixture Filing) ("Deed of Trust"), and executed by GENEVA <br />COMMONS GROUP, L.P., a California limited partnership ("Borrower"), as <br />trustor, to First American Title Company, as trustee, in favor of Lender, as <br />beneficiary. <br />Bryan Cave LLP <br />2020 Main Street, Suite 600 <br />Irvine, CA 92614-8226 <br />Te1~949-223-7000 <br />Fax 1949; 223-7100 <br />www.bryancave.com <br />Chicago: <br />Hong Kang <br />Irvine <br />Jefferson City <br />Kansas City <br />Kuwait <br />Los Angeles <br />New York <br />Phoenix <br />fliyadh <br />Shanghai <br />St. Louis <br />United Arab Emirates (Dubai) <br />Washington, DC <br />And Bryan Cave, <br />A Multinational Partnership, <br />London <br /> <br />,/ <br />As the holder of the first trust deed lien on a portion of the property ("Covered , ~ ~% ,~ (~\ <br />Property") described in the Declaration, Lender requests that it be provided with ~~'"~" ~ Q~ <br />written notice by the "City" (as defined in the Declaration) of any default in the ~/~~~' ` •~ <br />performance of obligations under the Declaration, and any amendments thereto, ~" <br />at the following address: <br />IROIDOCS\307854.1 <br />1 ~- <br />~ n „, <br />--~ <br />r) ~~ ~~ <br />a° <br />