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HomeMy WebLinkAboutCertificate of Lenders regarding consent to the imposition of special tax, pursuant to Section 3(d)(20) Lowe Enterprises, Residential Investors, LLC With Respect to Davidson Roripaugh Ranch 122 LLC ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, authorized officer of Lowe Enterprises, Residential Investors, LLC, a Delaware limited liability company(the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of of the District (the "Property") relative to which the Lender has loaned money to Davidson Roripaugh Ranch 122 LLC, a California limited liability company ("Borrower") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received from the Borrower and the Borrower has made available to the Lender the Rate and Method of Apportionment of the Special Tax and the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 etseq. of the Government Code of the State of California) (the "Act"). 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Rate and Method of Apportionment of Special Tax. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreemen t.Date: Dccemibej-,2001 LOWE ENTERPRISES RESIDENTIAL INVESTORS, LLC, A Delaware Limited Liability Company By: Lowe Enterprises Residential Advisors, LLC, a Delaware limited liability company its managing member By: Name: Title: D Vice Preside' WACHOVIA BANK NATIONAL ASSOCIATION With Respect to Davidson Roripaugh Ranch 122 LLC ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, authorized officer of Wachovia Bank National Association, a national banking association, as agent for First Union Commercial Corporation, a North Carolina corporation (the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1 . The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body ofthe District, of the special tax of the District on the property located within the District, District, as more particularly described on the boundary map ofthe District (the "Property") relative to which the Lender has loaned money to Davidson Roripaugh Ranch 122 LLC, a California limited liability company ("Borrower") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received from the Borrower and the Borrower has made available to the Lender the Rate and Method of Apportionment ofthe Special Tax and a draft ofthe Preliminary Official Statement regardingthe issuance ofbonds ofthe District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1 982, as amended (Sections 533 1 1 et seq. ofthe Government Code ofthe State of California) (the "Act"). 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy ofthe special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds ofthe District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation ofthe voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment ofthe special tax ofthe District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions ofthe Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: Ma*e621 2006 WACHOVIA BANK NATIONAL ASSOCIATION, a national banking association, as agent for FIRST UNION COMMERCIAL CORPORATION, a North Carolina corporation Name: Title: Ashby USA, LLC, a California limited liability company With Respect to Davidson Roripaugh Ranch 122, LLC, a California limited liability company ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, on behalf of Ashby USA, LLC, a California limited liability company (the "Lender"), hereby acknowledge for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money ("Loan") to Davidson Roripaugh Ranch 122, LLC, a California limited liability company ("Borrower") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender acquired or received a beneficial security interest in the Property. 2. The Lender has received full payment of the Loan and the Lender acknowledges the obligations of the Borrower under the Loan Agreement have been discharged and there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February £/, 2006 Ashby USA, LLC, A California limited liability company By: Ashby Development Company, Inc., A California corporation, Its ^(anaging Member in K. AshbyT President By: USA Investment Partners, LLC, A Nevada limited liability company Its non-member Manager By: . Joseph D. Milanowski, President 600117232vl Ashby USA, LLC, a California limited liability company With Respect to Davidson Roripaugh Ranch 122, LLC, a California limited liability company ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, on behalf of Ashby USA, LLC, a California limited liability company (the "Lender"), hereby acknowledge for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money ("Loan") to Davidson Roripaugh Ranch 122, LLC, a California limited liability company ("Borrower") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender acquired or received a beneficial security interest in the Property. 2. The Lender has received full payment of the Loan and the Lender acknowledges the obligations of the Borrower under the Loan Agreement have been discharged and there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February JZ(_, 2006 Ashby USA, LLC, A California limited liability company By: Ashby Development Company, Inc., A California corporation, Its Managing Member By:. Justin K. Ashby, President By: USA Investment . Milanowski, President 600117232vl Bank of the West, a California Banking Association With Respect to Ashby USA, LLC, a California limited liability company ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, authorized officer of Bank of the West, a California banking association (the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money to Ashby USA, LLC a California limited liability company ("Borrower") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received from the Borrower and the Borrower has made available to the Lender the Rate and Method of Apportionment of the Special Tax and a draft of the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California) (the "Act"). 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 600116099v2 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: March /,2006 BANK OF THE WEST, a California ition 600116099v2 GRC Development Company, L.P. With Respect to Ashby USA, LLC, a California limited liability company ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, authorized officer of GRC Development Company, L.P., a California limited partnership (the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money for the development of the Property by Ashby USA, LLC a California limited liability company ("Ashby USA") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received from Ashby USA and Ashby USA has made available to the Lender the Rate and Method of Apportionment of the Special Tax and a draft of the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California) (the "Act"). 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 600116100v2 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February 27, 2006 GRC DEVELOPMENT COMPANY, L.P., a California limited partnership By: Tom Gentry California Company, a California corporation,^ By: /!, Name: A. Josetrfr Fadrowsky, III Title: President 600116100v2 Ohio Savings Bank, a Federal Savings Bank With Respect to Ashby USA, LLC ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, authorized officer of Ohio Savings Bank, a federal savings bank (the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money to Ashby USA, LLC a California limited liability company ("Borrower") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property, 2. The Lender has received from the Borrower and the Borrower has made available to the Lender the Rate and Method of Apportionment of the Special Tax and a draft of the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq, of the Government Code of the State of California) (the "Act"), 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 600116733vl 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February^ 2006 OHIO SAVINGS BANK, a federal savings bank By: Name: Title: 600ll6733vl Bank Midwest, A National Banking Association With Respect to Ashby USA, LLC, a California limited liability company ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, authorized officer of Bank Midwest, a national banking association, a national banking association (the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money to Ashby USA, LLC a California limited liability company ("Borrower") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received full payment of the Loan and the Lender acknowledges the obligations of the Borrower under the Loan Agreement have been discharged and there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February^, 2006 BANK MID WEST, a National Banking Associatio 600116099v2 USA Investment Partners, LLC With Respect to Ashby USA, LLC, a California limited liability company ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, authorized officer of USA Investment Partners, LLC a Nevada limited liability company (the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money to Ashby USA, LLC a California limited liability company ("Borrower") pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received from the Borrower and the Borrower has made available to the Lender the Rate and Method of Apportionment of the Special Tax and a draft of the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California) (the "Act"). 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property, 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 600116101v2 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February J4 , 2006 USA INVESTMENT PARTNERS', LLpf a Nevada limited liability pcfnipany By: /m/^/77^^./l/^^ Name^~ft~r£se/Q\£'0 v^-A<:woMJS 1C-/Title: //n/V^oa JLT 600116101v2 Vineyard Bank With Respect to Tanamera/Roripaugh LLC, Tanamera/Roripaugh II, LLC, and Traditions at Roripaugh, LLC ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned authorized officer of Vineyard Bank (the "Lender") hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money to one or more of the following entities: (i) Tanamera/Roripaugh LLC, a California limited liability company; (ii) Tanamera/Roripaugh II, LLC, a California limited liability company; and (iii) Traditions at Roripaugh, LLC, a California limited liability company (collectively, the "Borrowers"). The loan or loans were made pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received from the Borrowers and the Borrowers have made available to the Lender the Rate and Method of Apportionment of the Special Tax and a draft of the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California) (the "Act"). 3. The Lender hereby acknowledges the the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 60 0H6643vl6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February^, 2006 VINEYARD BANK, a crr&nr v^At^V ///600116643vl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT psgS^^^sSsSsfi^ I II iis State of California _ County of ^\* OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: * *£<C •* CM^dAT ~r& Ji)y ifti.Qp^Ait.iv. o^ tk/$\&:ci--l A&.X ft*-RIGHT THUMBPRINT OF SIGNER Capacity(ies) Claimed by Signer Signer's Name: D Individual Top of thumb here D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: On (A -^^V (S . before me, (lliM'l^' LAm j W(j Date ' ~^— j Name and Title of Officer fe.g^, "Jane'doe, (Jotfery Public*) 7 personally appeared CT^'./rA J OniOh'&V^ Name(s) of Signer(s) JS personally known to me | D proved to me on the basis of satisfactory | evidence |I to be the person(#h whose name^) ds/are" I subscribed to the the within instrument and I acknowledged to me that^rjeTshe/they executed | the same in (fijs/heTTtneir authorized | capacity(i£$), and that by /hisjhef/their | signature(^rton the instrument the person^ or 1 the entity upon behalf of which the person(£X 1 acted, executed the instrument. §i Place Notary Seal Above Document Date: Number of Pages: § Signer(s) Other Than Named Above: III © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 MW Housing Partners III, L.P. With Respect to Tanamera/Roripaugh II, LLC, and Traditions at Roripaugh, LLC ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, authorized signatories for MW Housing Partners III, L.P., a California limited partnership (the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned have all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money to (i) Tanamera/Roripaugh II, LLC, a California limited liability company, and (ii) Traditions at' Roripaugh, LLC, a California limited liability company (the "Borrowers"), pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received from the Borrowers and the Borrower have made available to the Lender the Rate and Method of Apportionment of the Special Tax and a draft of the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California) (the "Act"). 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 600118304vl 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February , 2006 MW HOUSING PARTNERS III, L.P. a California limited partnership By: MW Housing Management HI, LLC a California limited liability company Its General Partner By: WRI CP Investments III LLC A Washington limited liability company Its Co-Manager By: Weyerhaeuser Realty Investors, Inc., A Washington corporation Its Manager By: Name:_ Title: 600118304vl 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February Z*, 2006 MW HOUSING PARTNERS III, L.P. a California limited partnership By: MW Housing Management III, LLC a California limited liability company Its General Partner By: WRI CP Investments III LLC A Washington limited liability company Its Co-Manager By: Weyerhaeuser Realty Investors, Inc., A Washington corporation Its Manager By: _ Name:_ Title: " Name: Title: ftSST. VAC£ 600118304vl KeyBank With Respect to Tanamera/Roripaugh LLC, Tanamera/Roripaugh II, LLC, and Traditions at Roripaugh, LLC ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned authorized officer of KeyBank (the "Lender") hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District (the "Property") relative to which the Lender has loaned money to one or more of the following entities: (i) Tanamera/Roripaugh LLC, a California limited liability company; (ii) Tanamera/Roripaugh II, LLC, a California limited liability company; and (iii) Traditions at Roripaugh, LLC, a California limited liability company (collectively, the "Borrowers"). The loan or loans were made pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the Property. 2. The Lender has received from the Borrowers and the Borrower have made available to the Lender the Rate and Method of Apportionment of the Special Tax and a draft of the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California) (the "Act"). 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 600116647v1 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February 27, 2006 KEYBANK NATIONAL ASSOCIATION, a national banking association By: Name: Aram A. Poladian, Jr. Title: Senior Vice President 600116647vl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT --, v ? <S •"•:'<: c -~ '".^c'-c^. -"'-, X^<?> N. "--c-c^ c^v^-^-^XX x^s.'<^ .^ c-State of California County of On £7 . personally appeared . before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) JENNY BENAVENTE FRANQUEZ Commission # 1615644 Notary Public -CoJttomta Orange County My Cornm. Expires Oct 23.2009 D>? personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual Corporate Officer — Tltle(s) : <* .%(# D Partner — D Limited D General RIGHT THUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here Signer's Name: _ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-2402 ^y?sz&$£Ji^^ Item No. 5907 Reorder: Call Toll-Free 1 -800-876-6827 Downey Savings and Loan Association, F.A. With Respect to Traditions at Roripaugh, LLC ACKNOWLEDGMENT OF CONSENT TO THE IMPOSITION OF THE SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-02 (RORIPAUGH RANCH) AND THE ISSUANCE OF BONDS The undersigned, as an authorized officer of Downey Savings and Loan Association, F.A., a federal association (the "Lender"), hereby acknowledges for the benefit of the Temecula Public Financing Authority Community Facilities District No. 03-02 (Roripaugh Ranch) (the "District") as follows: 1. The undersigned has all authority necessary to execute this Acknowledgment on behalf of the Lender for delivery to the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") in connection with the imposition by the Board, as the legislative body of the District, of the special tax of the District on the property located within the District, as more particularly described on the boundary map of the District. The The Lender has loaned money to Traditions at Roripaugh, LLC, a California limited liability company (the "Borrower"), pursuant to various loan documents relating thereto (together, the "Loan Agreement"), and with respect to which the Lender has acquired or received a beneficial security interest in the property owned by the Borrower (the "Property"). 2. The Lender has received from the Borrower and Borrower has made available to the Lender the Rate and Method of Apportionment of the Special Tax and a draft of the Preliminary Official Statement regarding the issuance of bonds of the District to be secured by such tax, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311 et seq. of the Government Code of the State of California) (the "Act"). 3. The Lender hereby acknowledges the imposition of the special tax of the District on the Property in the form, at the rates and in the manner set forth in the Notice of Special Tax Lien. The Lender does not object to the proceedings taken by the Authority to form the District, including the election therefor or the levy of the special tax for any authorized purpose, including but not limited to, the payment of debt service on bonds of the District, provided that the Lender does not waive its rights to object to any levy for other than an authorized purpose or otherwise in violation of the voter authorization referred to herein. 4. The Lender acknowledges that if any default occurs in the payment of the special tax of the District levied against the Property pursuant to the Rate and Method, the District has the right, subject to provisions of the Act, to foreclose upon the Property. 5. The Lender acknowledges that liens securing the special tax levied against the Property have priority over the Lender's security interest in the Property. 600116649vl 6. To the Lender's actual knowledge, there is no event of default under the Loan Agreement and no event which with notice might constitute an event of default under the Loan Agreement. Date: February 23, 2006 DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. a federal associatior Name: Ed Luther Title: Senior Vice President By: _ Name: M.R. Noice Title: Vice President 600116649vl