CC Resolution No. 7784
RESOLUTION NO. 7784
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY
OF CUPERTINO AND TERRY BROWN CONSTRUCTION FOR
CONSTRUCTION OF A SINGLE FAMILY DWELLING ON PROPERTY
LOCATED AT 10346 SCENIC BOULEVARD
WHEREAS, the City of Cupertino owns that certain unimproved real
property located at 10346 Scenic Boulevard; and
WHEREAS, THE City of Cupertino is desirous of having constructed on
that property a single family residence with an attached three (3) car
garage and a total square footage of approximately two thousand six hundred
(2,600) square feet; and
WHEREAS, Terry Brown Construction Company, Inc., is desirous of constructing
such a residence for the City of Cupertino;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino
that the Mayor and the City Clerk are hereby authorized to execute the construction
contract presented between the Terry Brown Construction Company, Inc., and the City
of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cueprtino this 3rd day of April , 1989, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson, Koppel, Plungy
None
Rogers
None
ATTEST:
APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ John J. Plungy, Jr.
Mayor, City of Cupertino
CONSTRUCTION CONTRACT
This Agreement is dated as of the 3rd day of A~~~ 1989
by and between TERRY BROWN CONSTRUCTION COMPANY, INè:, a Cali-
fornia corporation, (hereinafter referred to as "Contractor")
and the CITY OF CUPERTINO, a California municipality, (hereinaf-
ter referred to as "Owner").
WHEREAS, the CITY OF CUPERTINO owns that certain unim-
proved real property located at 10346 Scenic Boulevard, Cuper-
tino, California;
WHEREAS, TERRY BROWN CONSTRUCTION COMPANY, INC. is a Cali-
fornia corporation having its principal place of business in the
city of Cupertino, County of Santa Clara, State of California
and holding California Contractor's License B352642;
WHEREAS, the CITY OF CUPERTINO is desirous of having con-
structed on the property located at 10346 Scenic Boulevard,
Cupertino, California a single family residence with an attached
three (3) car garage and a total square footage of approximately
two thousand six hundred (2,600) square feet;
WHEREAS, TERRY BROWN CONSTRUCTION COMPANY, INC. is desir-
ous of constructing such a residence for the CITY OF CUPERTINO
on the property;
NOW, therefore the parties hereto agree to the following
terms, conditions and covenants:
1. Contractor will construct on the real property
located at 10346 Scenic Boulevard, Cupertino, California a
single-family residence consisting of approximately two thousand
six hundred (2,600) square feet of living space excluding garage
as shown in those plans prepared by PARAGON DESIGN GROUP, INC.
consisting of fourteen (14) sheets and labeled Job Number 8837.
The construction shall be done in compliance with the plans and
specifications, as well as all notes and details on said plans.
The plans shall be an integral part of this contract and are
incorporated herein by reference.
2. As and for consideration for the construction, the
City agrees to pay to Contractor the sum of two hundred sixty
thousand dollars ($260,000.00), with the adjustments set forth
below. The contract price shall be adjusted based upon the
square footage of the completed residence. The contract price
shall be increased at the rate of one hundred dollars ($100.00)
per square foot for each and every foot the residence exceed
two thousand six hundred (2,600) square feet. The contract
price shall be reduced if the square footage of the residence is
less than two thousand six hundred (2,600) square feet and the
reduction shall be at the rate of one hundred dollars ($100.00)
per square foot for each foot the residence is less than two
thousand six hundred (2,600) square feet.
3. The parties hereto each acknowledge that construc-
tion has begun on the residence and that the foundation and
framing are nearly completed. The works of improvement shall be
substantially completed on or before September 30, 1989 and
barring any delay due to situations uncontrollable by the Con-
tractor the residence shall be ready for occupancy on or before
October 1, 1989. During the period of construction, Contractor
will work consistently and diligently to complete the work of
improvement.
4. Attached hereto and made a part hereof as Exhibit
"A" is a Description of Materials to be incorporated in the res-
idence. That Description of Materials consists of a title page
and ten (10) pages of specifications. The Contractor will sup-
ply all labor, transportation, materials, equipment, fuel,
lights, power, sanitary facilities, scaffolding, and tools nec-
essary for the proper and substantial completion of the resi-
dence including the items set forth in Exhibit "A". Anything
mentioned in the Description of Materials and not shown on the
plans or shown on the plans and not mentioned in the Description
of Materials shall be of like effect of those mentioned in both.
5. During the course of construction the Contractor
shall be responsible for keeping the premises clean, and upon
completion of the work, shall clean the building and leave the
grounds in a neat and clean condition. A driveway, front walk-
way, and front yard landscaping are included in this contract.
No rear yard landscaping is included.
6. Payment of the contract price shall be made to the
Contractor in conformance with that certain Payment Schedule
attached hereto and made a part hereof as Exhibit "B", within
ten (10) days of completion of any phase or stage of the con-
tract. Should a payment not be timely made, the Contractor
reserves the right to stop further work until the payment is
made. The final payment of monies shall be paid to the Contrac-
tor thirty-five (35) days after completion of the residence and
the recording of a Notice of Completion either by the city or
the Contractor or upon issuance of lien-free endorsement issued
by a title insurance company acceptable to the City.
7. The Contractor represents the following:
(a) It has familiarized itself with the nature and
extent of the contract documents, the work to be performed, the
-2-
site, the locality and all local conditions and laws and regula-
tion that may effect the works of improvement.
(b) The Contractor has studied carefully all
reports, tests and drawings relating to the physical condition
of the property prior to the beginning of the project and
accepts its determination of the scope of work and technical
data contained in those reports.
(c) It has sufficient experience and personnel to
construct this residence in a timely and quality manner.
8. No assignment by a party hereto of any rights under
or interest in this Agreement will be binding on another party
hereto without the written consent of the party sought to be
bound. Contractor does reserve the right to select and utilize
subcontractors of its choice.
9. No completion, payment or performance bond shall be
required of Contractor for this job.
10.
school fees
entity have
All permit fees, fees related to plan checking,
or other fees due and payable to any governmental
been paid by the Contractor.
11. During the course of construction, the Contractor
shall have in full force and effect a policy of liability insur-
ance covering claims for property damage and/or personal injury
with a minimum coverage of $100,000.00 per injury per person and
$500,000.00 in the aggregate covering this work site. certifi-
cates of such insurance shall be supplied to the city upon
request.
12. During the course of construction, the Contractor
shall maintain in full force and effect a policy of Workers Com-
pensation insurance for its employees and shall require a policy
of Workers Compensation insurance for each and every subcontrac-
tor working on the job.
13. Contractor guarantees all of its work and the work
of its subcontractors for a period of one (1) year, from the
date of the filing of the Notice of Completion. During this one
(1) year period, the Contractor shall remedy any defects in the
works of improvement and pay all the expenses related to correc-
tion of those defects.
14. Contractor and city each bind itself, its succes-
sors, assigns and legal representatives to the other party
hereto, its successors, assigns and legal representatives in
respect to all covenants, agreements and obligations contained
in this Agreement and the exhibits attached hereto and made a
part hereof.
-3-
15. Should either the City or the Contractor initiate
litigation or an arbitration to interpret or enforce any of the
terms of this Agreement, the prevailing party in such arbitra-
tion or litigation shall be entitled to an award of reasonable
attorney's fees as well as any other remedy ordered by the Arbi-
trator or Court.
16. The parties hereto each acknowledge and agree that
they have been authorized either by the Contractor's Board of
Directors or the City Council of the City of Cupertino to enter
into this contract and that such authorization was duly given in
accordance with each body's rules and procedures.
IN WITNESS WHEREOF, the city and Contractor have executed
this Agreement on the date first set forth above. The parties
hereto stipulate that the Agreement may be executed in counter-
parts and each is to have the full force and effect of a fully
executed agreement.
TERRY BROWN CONSTRUCTION COMPANY, INC.
By:
TERRY BROWN, President
CITY OF CUPERTINO
A California Municipality
By: /s/ John J. Plungy, Jr.
JOHN PLUNGY, Mayor
/s/ Donald D. Brown
DONALD D. BROWN
ATTEST:
/s/ Dorothy Cornelius
Dorothy Cornelius, City Clerk
-4-
DESCRIPTION OF MATERIALS
For:
10346 Scenic Blvd.
Cupertino, Ca. 95014
(Lot 26)
House Size: 2600 sq/ft
Dated: March 17,1989
Developer: Terry Brown Construction
21721 Granada Ave.
Cupertino. Ca 95014
(408) 996-3722
Builder: James H. Sisk Development
10060 Pasadena Ave.
Cupertino, Ca. 95014
(408)2')')-2678
ArcbÜec/: Paragon Design Group
Los Gatos. Ca.
DESCRIPTION OF MATERIALS
General Conditions:
Scope of Work:
Contractor and alJ Sub-contractor~ ~halJ ~upply alJ labor, transportation,
material~. apparatu~ fuel. lights. power. sanitary facilitie~. scaffolding. and
tool~ necessarv for the proper and substantial completion of the work, and
~halJ remove all equipment and debris of the construction and other thing~
and shall provide all insurance as required by law in addition to fire and
theft for the duration of the construction.
Plans and Description of Materials:
The plans together with the description of material~ attached hereto, will
govern the work to be done. Anything mentioned in the descriptIOn of
materials and not shown on the plans or shown on the plans and not
mentioned in the Description of Materials shall be of liKe effect as though
shown or mentioned in both. In ca~e of any conflict between plans and
description of materials. the Contractor and or all Sub-contractors, shall be
~olely re~ponsible for the correctness of the measurement~ and other
e~~ential feature~ of the work whIch are or may be affected by suchl
mea~urements and information. and shall hold the De~igner and Owner free
from anv liability resulting from any error or omission of anv informatIOn
necessarv for the completion of worK described or implied in the plans or
descriptIOn of materials.
Cleaning:
The Contractor and or all Sub-contractors shall be responsible for keeping
the premises clean and upon completion of the worK, shall clean the building
and leave the grounds in a neat and clean condition.
Guarantee:
The Contractor and or all Sub-contractors shall guarantee all worK for a
period of (J I year, from the date of written acceptance by the owner and
shall ha\'e the work in perfect order at completion and neither the final
certificate of payment nor any provision in the contract documents shall
relieye the Contractors of the responsIbility of negligence or faulty materials,
or worKmanship, and upon written notice. the Contractor shall remedy any
defects due thereto. and pav all expenses for same. and also pav expenses
for any damages to other work resulting therefrom.
1. EXCA V A lION:
Bearing soil type: See soils report prepared bv
Ito be provided)
2. FOUNDA nONS:
T - Type Footing Foundation
Footings: Per plans and soils report
Reinforcing: 2-#4 deformed bars top and bottom
Reinforcing: 1-#4 deformed bars top to bottom
Special foundations: N/ A
Slab floor:
Garage, 4' concrete
Vapor barrier:
N/A
Subfloor material: 3/4' T&G, glue and nail (as per plan;,
1-118' T&G, glue and nail (as per plan!.
Joist:
2 x (, . see foundation/framing plans.
Sills
2 x (, P.T.D.F,IL'O.N.I
Girders:
4 x (, DF #2 (PO:';. I
Columns:
4 x (, DF #2 post to pier. post base anchor at pier.
rigid connection to girder
Foundation Vents: (, x 14 G.!. screened vents
3. EXTERIOR WALLS:
Wood frame:
2 x 4 studs, Douglas Fir at 16' o,c, FO,N,
1.2 x 4 studs at all cripple walls'
Bldg paper:
Saturated fell. 15#
Shear walls
Plywood, 3/8' at extenor walls
Nailing
As per shear wall schedule
Exterior walls:
3 (three) Coat Stucco
Coin on North front of house to be used brick veneer
Painting:
Color I,as approved by City of Cupertino'
4. FLOOR FRAMING:
Main Level
Subflooring
JOiSL DF, 2x6
3/4' CDX. T & G D.F., plywood, glue and nail
5. INTERIOR FRAMING:
Studs:
2 x 4 studs, D.F. at 16' o.c
6. CEILING FRAMING:
Joist:
DF, #2, 2x8
7. ROOFING:
Sheathing:
1/2 CDX Douglas Fir plywood with I x 6 battens
Roofing:
Concrete tile, Monray or EQ
Fastening:
Galv, nails
Underlayment:
15" felt
Flashmg:
Galv. Iron, 26 GA
8. GUTTERS &; DOWNSPOUTS:
Gutters:
Galv. iron, 26 GA
Shape:
6 fascia
Downspouts:
Galv. iron. 26 GA
Shape:
2 x )' rectangular
Terminatíon:
Connect to drainage system. outfall to storm drain.
9. FIREPLACES:
Prefabncaled:
Marco 36 or EQ (family room I
Glass doors
Gas log lighter
Masonry:
Used Brick (living room!
Gas log lighter
10. DRYWALL &; PLASTER:
Drywall:
All walls and ceilings. 1/2 Gypsum board. 15/8 gvpsum
at ceilings with 24 o.e. joist or rafter spacing. garage: 5/8
type 'X all walls and ceiling)
Corners:
Radius corner bead (bullnose)
FinIsh:
Walls
Texture
Note Prepare for wallpaper as
owners selectíon
Ce iling
Garage:
Texture
Fire taped
Paint
All
Latex or enamel
II. INTERIOR DOORS:
Door type:
Thickness:
Door Finish:
Door trim:
Trim finish:
Closets:
Closet interior:
Base:
Masonite 6 panel/Colonist
I - 3/8"
Enamel
Bevel pine, 2 1/4 Tinger joint
Enamel
Sliding mirrors (except master: 6 panell
Multi-level hangers
3-1/4 Fingerjoint pine Ipaintì
12. EXTERIOR DOORS:
Main entry: Simpson, 310, fir or EQ I selection by owner I
Thickness: I 3/4
Frame: Douglas Fir
Head flash: Felt, 15"
Compression: Weatherstripping
Saddles. Fir
Interior Trim: Beveled pille, 2 1/4 finger joint
Finish. En.: Doors, Trim, 2 coats acrvlic Paint
Finish. Int.: Doors; pre-finished, Trim; Enamel
Other Entrance Doors:
Garage to house, Masonite, solid core/self-closing
All other Exterior doors Garden sliders Iwood I
13. WINDOWS & SK.YLIGHTS:
Windows:
Tvpe:
Material:
Glass:
Head flashing:
Weatherstripping:
Scree ns:
Special W indo\l/s:
Skylights:
Type:
:vlaterial:
Frame Material:
Size:
Double glazed i.Kolbe & Kolbe or Eq.1
Casement
Wood Clad Casement (white)
DSB
Felt, 15"
Integra!, interlocking felt
Fiberglass lone piece I
Greenhouse in Kitchen
N/A
N/A
N/A
N/A
N/A
14. CABINETS:
Kitchen
Material:
Hardware:
Finish
Counter top:
Splash:
Special:
Solíd Oak (plywood box i or Eq.
Finger pulls (concealed) full suspension drawers
Stam and lacquer iselection by owner)
Corían or A vonite or Eq.
4 ¡four inch!
Wet Bar
N/A
Bathroom
Material Solid Oak (plywood box) or Eq.
Finish: Stain and lacquer (selection by owners)
Counter top: Ceramic tile, 4, set in mortar bed square edge tile.
Slash height: 4
Medicine cabinets: Nutone
Mirrors: Full wIdth x 42 high
Other cabinets/built-ins:
Stain grade oak with oak top
Master Bathroom
Material Solid Oak (plywood box) or Eq.
Counter top: Ceramic tile set in mortar bed
Fmish: Stain and lacquer (selection by owners)
Medicine cabinets: Nutone miamì-Carev or Eq
Mirrors: Full width x 42 high
Garage
Rough shelving and work surface I selected by owner)
1 '). FLOOR FINISHES:
Room
Foyer
Líving
D1l1ing
HalJ
Family Room
M. Bedroom
Bedrooms
Bedroom #5
Closets
Kitchen
Breakfast Nook
M. Bath
W.c.
Tub!
shower
Powder
Hall Bath
Laundry
16. PLUMBING:
Item
Sm!:.
Lavatory-MB
Bath 2
Powder
Water Closet - MB
Bath 2
Powder
Bath tubs
Bath tub- MB
Shower
Laundrv
Material Base LTnderlayment
Hardwood Oak Base Plywood
Carpet Pine Base
Hardwood Oak Base
Carpet Pine Base
(selection by owner i
Cedar Flooring í partial)
(selection by owner'
Cer. Tile
Tile Base
Cer. Tile
Cer. Tile
Cer. Tile
I to ceiling!
CeL Tile
CeL Tile
Cer. Tile
jo,¡ake
Model#
Color
Kohler Lakefield (Buyer!
Farmington
Farmmgton
Far m ington
Rialto
Riaito
Rialto
Mendota
Amer. Hydro Jetted
Cer. Tile
Kohler
Recessed plumbing at washing machine and refrigerator.
Faucet
American Stand.
Price pfister
PrIce pfister
Price pfister
Price pfister
Price pfister
Price pfister
Rath Acce330rie3:
Tul) Enclo3ure:
Water Supply:
Sewage Di3posa1:
Hou3e Drain:
House sewer:
Water plpmg:
Hou3e bil)3:
Soft Water:
Drver:
Water heater
Type:
Size:
Make:
Gas piping:
Gas service:
Attached. "Ulone. HaJImack . po1i3hed brass or Eq
Alum. sliding. Brass anodiz.ed with temp. glass
doors I Frameless!
Public
Public. in street
Inside, plastic
Outside. plastic
Copper tubmg
4 tot al
Plumbed for.
Gas plumbed
Glass storage
50 gaJIon
Day and night or Eq.
Water heater. furnace. fireplaces and Cook top
Utilitv
17. HEATING & COOKING
Fue1: Natural gas
System type: Forced air
Furnace SIze: See plan, estimated MBTLT each
Make & model: Day & Night or EQ
Cooling compressors: NI A
Make
Controls:
Duct Materia1:
Exhaust fans:
Cook top:
Dryer:
N/A
Honeywell, dual setback or equivalent
Supply. Galv. iron/]" FIG insulation
Ret urn. Gal\'. iron
Make and model. Nutone #8832 at baths lor Eq
rheostat switch
Gas
Gas plumbed
HI. HLHCTKICAL WIKING:
Service:
Panel:
Grounding:
Wiring:
Special Outlets
Doorbell:
Alarm System:
Phone:
T.V.:
Underground
amp, circuit breakers
UFFER
Non-metallic cable (romex!
Oven, dryer, 220v
GFr at all wet areas
duplex plugs at garage
Nutone. lighted push button at front door or Eq.
Yes
Kitchen. family room, garage, master bedroom. all
bedrooms, den, additional jack on nook waIL
Kitchen, family room, all bedrooms. den.
19. LIGHTING FIXTURES - see below
Total nu mber fixtures:
Allowance:
Non-tYPical installation:
20. INSULATION:
Location
i'i/A
See B uil del'
Ceiling fan brackets in family room and masterbed.
Recessed lights for walls in living room, dinning-
room, master bedroom, and den.
Thickness Material
Vapor barrier
Walls 3-1/2
Ceiling 9-1/2
Raised Floor 5-1/2"
21. HARDWARE:
Make and Model:
Material & Finish
R-Value
F/G batts II
FIG batts 30
FIG batts 1 ç
yes
yes
YQQ
Schlage or EQ iBuilder Quality)
Polished Brass
22. APPLIANCES:
Item Make and Model
Steaming Hot Water Dispenser:
Range:
VentilatlOn:
Double Oven:
Microwave:
Dishwasher:
Disposal
V acu u m Syste m:
Intercom:
Trash Compactor:
Refrigerator
Garage Opener:
Dryer:
23. PATIOS:
Finish material
24. GARAGE:
Floor:
Doors:
N/A
G.E. or Eq. (gas J
Downdraft
G.E. or Eq.
G.E. or Eq
G.E. or Eq.
In-Sink -Erator
Seq uioa V acu u m Syste m
Nutone
Whirpool
N/A
Genie or Eq
N/A (plumbed for gas!
Stoops - concrete or redwood as required by citv
Concrete. 4
Sectional panel overhead track. panel. paint grade wood
(5 section)
25. WALKS & DRIVEWAY:
Driveway
Surface Materiaí:
Base Ivlaterial
Thickness:
Front walk:
Material
Thickness:
Steps:
Treads:
Risers:
4 per plans I salt fmish!
Concrete
Compacted Native Soil
4
Concrete (salt finish i
4
Concrete (salt finish.1
As required
26. MI5CHLLANHOU5:
Special ceilings: As per plans \ spray texture, not acoustic)
Living room:
Dining:
FamIly Room:
27. LANDSCAPING. PLANTING AND FINISH GRADING:
As per landscape plans approved by
City of Cupertino
...::>-----
Exhibit "B"
INSPECTION AND DISBURSEMENT SCHEDULE
ALL INSPECTION AND DISBURSEMENT REQUESTS MUST BE IN WRITING & SUBMITTED TO CUPERTINO NATIONAL BANK'S
MAIN BRANCH LOCATED AT 20230 STEVENS CREEK BLVD.. CUPERTINO. CA 95014.
Beforo release ot the FIRST NINE INSTAu.MENTS, InspecUons will be made by Cupertino NaUonal Bank's Inspector and
disbursements will be made In accordancQ with his finding that the tollowlng states ot construcUon have been reached. It Is
agreed that said InspecUons are made for the benefit of Cupertino Natlonal Bank and not 10r the benefit of the Borrower and that
tho Borrower will not rely Ihereon. but will make such InspecUons on his own behalf as he deems advisable. Pl..E.ASE REFER TO .
THE CONSTRUCTION LOAN AGREEMENT FOR ADDmONAL PROVISIONS
Bv Componcn19
0/0
~2.0
1.7
3.8
.5
1.4
12.7
4.1
2.7
11.3
4.1
Jt:II. :)
.8
1.4
2.2
.4
3.8
1.G
1.8
3.2
1,8
1.1
.6
3.G
1.6
,,---,.3
.-
1. ExcavaUon &. Rough Grading
2. Fonns &. Rough Grading
3. Footing &. Foundation
4. Waterproofing &. Back-Fill
5. Rough Plumbing through Sub-Floor
6: Framing Lumber On-Site
7. 1st Floor Wood Sub-Floor Wall
6.. Framing 1.t Floor Walls (Labor)
9. Framing completed, Rool Sheathing on
10. Windows
11. Rough Plumbing (Vent, Waste, Water)
12. Rough HeaUng & Cooling (Duct Work)
13. Rough Electr1cal (WIre & Panel Boxes)
"
14. Fireplace (Firebox & Chimney)
15. Gutters & Root Sheet Metal
16. Root Covering .
17. Exterior lathing or Sheathing
18. InsulaUon (Wall & Floor)
19. Dry Wall Hung
20. Exterior Wall Material
21. Dry Wall Taped &. Textured
22. Garage Door &. Exterior Doors
23. Inlerlor Door &. Trim
24. Paint Interior
25. Stucco Color Coat andlor Exterior Painting
Data
Approved
-<\. ....
j:, !.,t}: ...
.¡.
.
..
...:,
Bv Components
%
3.0
1.8
2.3
1.0
.3
1.0
1.4
1.5
2.9
.8
.6
1.0
2.0
.4
10.0
M!
Acproved Bv
26. Cabinets Installed
27. Appliance In Place
28. Ceramic 1110 and/or Countertops
29. Resilient Floor
30. Finish Hardware
31. Finish Plumbing
32. Finish Healing & Cooling
33. Finish Electrical
34. CarpeUng or Hardwood Floor
35. Utility Connecllons
36. Concrete Garage Slab
37. Driveway, Walks & Exter10r Stairs
38. Finish Grading & landscaping
39. Clean-up & Inspections Card Signed Oft
40. Notice of Completion Recorded
41. Upon EJ<plrallon of Uen Period
lo _ .:18 explraUon of five (5) days from filing of said NoUce of CompleUon provided each and all ot (a), (b). and (c) foHawlng
shall then exlsL
(iI) No unpaid claims or other liens shall be on file wiUl CuperUno NaUonal Bank against an~ of saId building funds
In tho hands of said Bank; and
(b) Thero shall have been furnished to Cupertino NaUonal Bank Utle Insurance saUsfactory to CuperUno National Bank
satlsfaclory to CuperUno National Bank Insuring tt In substance against any loss It shalf sustain by reason of any work
Improvement referred to In said Notice of CompleUon and which may have gained or thereafter may gain priority over the
lien of Cupertino National Bank's deed of trust securing Its loan In this case to the real property covered thereby, and
(c) The borrowe?'hl/J<allthen;eautst. /:Itlng that such disbursement be made.
. . / ~
// /' L.---·.
Scot{ Kriens /
Ill· l
-II ,/I. ' f f'
. .c. 011 #..'
. "¡{If/. ,-'U,-
, ¡
.Y·
Michelle L. Hansen
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.