to convey all of Heflin Corporation's right, title, and interest in and to the Cedar Terrace Condominium Project to the grantees named in the Grant Deeds.
3. The five Deeds of Trust recorded on or about December 31, 1984, and made by Bascom Avenue Associates, Cedar Terrace Associates, the Cala Group, Heflin Group, and TR Associates, and delivered to Bell Savings & Loan Association, are adjudged reformed, nunc pro tunc, to express the intention of the parties to grant to Bell Savings & Loan Association a security interest in and to all of the property described in Exhibit A to this Order. The Deeds of Trust, as reformed, are adjudged to include the legal description attached as Exhibit A.
4. Pursuant to California Code of Civ. Proc. section 764.010, title in the name of Western Federal Savings & Loan Association is quieted as against all defendants named in the complaint, and against all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in Exhibit A adverse to Plaintiff's title, or any cloud upon Plaintiff's title.
5. Judgment is awarded in favor of Western Federal Savings & Loan Association of the counterclaim (described as a cross-complaint) of Defendants Heflin Corporation, Bascom Avenue Associates, Cedar Terrace Associates, The Cala Group, Heflin Group, TR Associates, and Timothy O. Robbins, and the counterclaim is hereby dismissed.
IT IS SO ORDERED.
DATED: July 17, 1992
HONORABLE JAMES WARE
United States District Judge
All that certain real property situate in the City of San Jose, County of Santa Clara, State of California, described as follows:
An undivided 45/80ths interest in and to the Common Area of Lot 1, as said lot is shown upon that certain map entitled "TRACT NO. 7399" recorded March 23, 1983, in Book 510 of Maps, Official Records of Santa Clara County at Pages 25 and 26, and as said Common Area is defined in that certain Declaration of Covenants, Conditions and Restrictions of Cedar Terrace Condominiums A Condominium Project recorded October 27, 1983, in Book I016, Official Records of Santa Clara County at Page 476, and the amendments thereto recorded April 30, 1984, in Book I498, Official Records of Santa Clara County at Page 479, May 17, 1984, in Book I550, Official Records of Santa Clara County at Page 256, and June 21, 1984, in Book I649, Official Records of Santa Clara County at Page 577 (the "Declaration").
Unit Nos. 101-103, 105-107, 109, 208, 301, 303, 305, 401, 405-407, 501, 504-507, 601, 607, 701, 703, 705-707, 801, 803, 805-12, 901, 903-907, 909, and 910 (the "Units"), as said Units are shown on that certain Condominium Plan Cedar Terrace which is attached as Exhibit "A" to the Declaration (the "Condominium Plan").
An exclusive easement for the use and possession of those portions of Parcel One shown on the Condominium Plan as the Balconies and the Patios adjacent to the Units and bearing numbers corresponding to those of the Units, in accordance with and subject to the Declaration.
An exclusive easement for the use and possession of those portions of Parcel One shown on the Condominium Plan as S1-S3, S5-S7, S10, S19, S20, S22, S24, S28, S32-S34, S36, S39-S42, S44, S51, S53, S55, S57-S59, S61, S63, S65-S70, S72-S74, S76-S80, S82, and S83 (Storage Spaces), in accordance with and subject to the Declaration.
An exclusive easement for the purpose of parking passenger motor vehicles on those portions of Parcel One shown on the Condominium Plan as 11, 12, 15, 16, 19, 20, 23-28, 31, 34-38, 43-52, 54-61, 63, 64, 67-71, 75, 76, 83, 84, 91-96, 108, 109, 116, 117, 122, 123, 125, 127, 130-133, 135, 137-150, 155, 156, 163-166, 168, 169, 171, and 172 (Parking Spaces), in accordance with and subject to the Declaration.
EXCEPTING from said real property and reserving all easements and rights set forth in the Declaration.