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2002-391401 15143 RECORDING REQUESTED BY AmeriNational Community Services, Inc. 8121 E. Florence Avenue Downey, CA 90240 AND WHEN RECORDED MAIL TO: ~yy c I( C.1q Madeleine L. Belaner ✓ alll~ ~ 272 Conefiower ✓ Encinitas. CA 92024 / RE: 4381019268 Recon # 1 ooca zooa-ossssss III0111IIIIII IIIII IIBI IlNlll111lml IIIIIIflIIWIII11Ynllll OCT 21, 2004 2:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 23.00 WAYS: 2 PAGES: 2 DA: 1 1 IN Hill Hill Hill IN Hill HMI Hill Hill Hill Hill gill 1111111 Hill 11 Ml 2004-0999565 THIS LINE FOR RECORDER'S USE Substitution Of Trustee And Deed Of Reconveyance Housing Authority of the County of San Diego on Behalf of the City of Encinitas, is the owner and holder of the Note secured by the Deed of Trust, dated March b, 2000 made by Madeleine L. Belanger, an unmarried woman, as Trustor, to Chicago Title Company, a California corporation, as trustee, for the benefit of Housing Authority of the County of San Diego on Behalf of the Ci of Encinitas, as beneficiary, which Deed of Trust was recorded on March 20, 2000, instrument number 2000-0138821 in, the office of the County Recorder of San Diego County, California. Housing Authority of the County of San Diego on Behalf of the City of Encinitas, hereby substitutes AmeriNational Community Services, Inc. as Trustee under said Deed of Trust. AmeriNational Community Services, Inc., hereby accepts said appointments as Trustee under said Deed of Trust and, as successor Trustee, and in accordance with the provisions of said Deed of Trust does hereby reconvey without warranty to the person or persons legally entitled thereto all estate now held by it under said Deed of Trust. By: LVLA± Date: `-/3-b IN WITNESS WHEREOF, AmeriNational Community Services, Inc. has caused this instrument to be execu d by its duly a horized officer, this 301" day of August, 2004. Catherine J. Trout, Deputy Director of the Housing Authority of the County of San Diego AmeriNat omm S es, By: Eri H' , oa ervi ' g Re sentative V k 15144 STATE OF CALIFORNIA, } S.S. COUNTY OF LOS ANGELES } On August 30, 2004, before me, Brenda Gordon, Notary Public in and for said County and State, personally appeared Erica Hicks known to me (or 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. WITNESS my hand and official seal. Signature Br a Gordon STATE OF CALIFORN } S.S. COUNTY OF } BRENDA W;M Commission # 1422815 -s Notcuy Public - Camfomla • Los Angeles County - My Comm. Expires Jun 11, 2007 un before me, nn n -:F_ v -f na o a Notary Public in and for said County and State, personally appeared C~Ae C 1 n T' Tf nui _ personally known to me (or 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. WITNESS my hand and official seal. Signature BONNIE J. PETRACH Commaslon # 14911,09 Notary pAft - CoNwft San Diego Courtly My Counn Expires MoV29,2004 RECORDING REQUESTED BY NATIONWIDE TITLE CLEARING. AND WHEN RECORDED MAIL: TO MADELEINE L. BELANGER 272 CONEFLOWER ST. ENCINITAS, CA 92124 11 (TRUSTOR) P Loan No: 0624260667 ktll~z- 19083 DEED OF FULL RECONVEYANCE DOCtt 2004-13891767 IIIIIIII 1111111111111 111111111111111 ME 1111111111111111111111 SEP 20, 2004 4:33 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 10.00 PAGES: 1 DA: 1 111111111 1111 pill dill 11111 Hli Hill pill Hill III Hli nil pill p111u1111 2004-0891767 CALIFORNIA RECONVEYANCE COMPANY as duly appointed Trustee under the Deed of Trust EXECUTED BY: MADELEINE L. BELANGER AS TRUSTOR and recorded on 06/23/2003 as Document No. 2003-0740166 Book Page of Official Records in the office of the Recorder of San Diego County, California, has been paid. NOW THEREFORE, the present trustee having received from the present owner of the beneficial interest under said Deed of Trust and the obligations secured thereby a written request to reconvey by reason of the obligations secured by said Deed of Trust, DOES HEREBY RECONVEY, without warranty, to the person or persons legally entitled thereto, the estate, title and interest now held by it under said Deed of Trust in said County, California, describing the land therein: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST Date: 08/31/2004 CALIFORNIA RECONVEYANCE C0>1PANY BY: STEVE ROGERS ASST. VICE PRESIDENT STATE OF FLORIDA COUNTY PINELLAS On 08/31/2004 before me, MARY JO MCGOWAN Notary Public, personally appeared STEVE ROGERS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorizcd capacity, and that by r entity upon behalf of which the person ; o his/her signature on the instrument tnpn acted, executed the same. WITNESS MY hand and official se MARY JO MC GOWAN i Notary Public Suite of Florida My eommtsslon FV. jiulll 34.200 DID 0236404 No . BWXW through (800) 432-4254 MARY JO MCGOWAN W012007 Notary Public/Commission expires Prep by: V. Escalante/NTC,2100 Alt. 19 North, Palm Harbor, FL 34683 (800)346-9152 111!111 ipl (1111 Ili! Ilil1<lll Ilil111111111 W 156R 1106292 TM 129840 rcnca5 o9 is o DOC # 2002-0417089 Recor4ing Requested By: GMAC MORTGAGE CORPORATION MAY 3-6, 2002 2:2T PM 3451 Hammond Avenue ( Waterloo, IA 50702 OFFICIAL RECORDS { SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED RETURN TO: GREGORY J. SMITH, COUNTY RECORDER U MADELEINE L BELANGER lY: 2 1111111111111111111111111111111111111111 ' FEES: 16.1Yl 272 CONEFLOWER STREET 2002.0417089 ENCINITAS, CA 92024 Loan No. 353000087 SUBSTITUTION OF TRUSTEE AND RECONVEYANCE Whereas MADELEINE L. BELANGER was the original Trustor under that certain Deed of Trust recorded on July 7, 1999 in the office of the County Recorder of SAN DIEGO County, California, Instrument Number 1999-0469493, in Book Page Whereas, the undersigned, as the present Beneficiary(s) under said Deed of Trust desires to substitute a new Trustee under said Deed of Trust in place instead of original trustee, now therefore, the undersigned hereby substitute himself (themselves) as Trustee under said Deed of Trust and does hereby reconvey without warranty to the persons legally entitled thereto all Estate: now held by it under said Deed of Trust. Dated: May 14, 2002 GMA Mortgage Corporatlon By: Vickie Ingamells, Limited going Officer STATE OF IOWA County of Black Hawk On May 14, 2002, before me, Doris Gilbert, a notary public, personally appeared Vickie Ingamells, Limited Signing officer, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or entity upon behalf of which the person acted, executed this instrument. WITNESS my hand and official seal Notary's ignature Doris Gilbert 6/21103 2002-05-09 17ORIS GILBERT NOTARY PUBLIC - STATE OF IOWA 1141' COMMISSION EXPIRES JUNE 21.2003 (Notary's Seal) 20020391401 RECORDING REQUESTED BY FIRST AMERICAN TITLE INSURANCE CO. AND WHEN RECORDED MAIL TO: The City of Encinitas 505 S. Vulcan Drive Encinitas, Ca 92024 3,2 6,)v -,Y- Reuirder's Use Only Pi•!, NOTICE: TIIIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND Or LOWER PRIORITY THAN '1'1TE LIEN OF SOME OTHER OR LATER SECURITY INS'T'RUMENT. THIS AGREEMENT, made this Sixteenth day of April, 2002, by Madeleine L. Belanger, an unmarried woman owner of the land hereinafter described and hereinafter referred to as "Owner," and City of Encinitas present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Bcmclici8ly ~r WITNESSETII THAT WHEREAS, Owner did execute a deed of trust, dated June 30, 1999, to First American Title, as trustee, covering: An Undivided U2 interest in and to lot 97 of Pacific Serena Unit No. 3, according to map thereof No. 6599, filed in the office of the county recorder of San Diego County March 10, 1970. to secure a note in the sum of $ 1.0,000.00, dated June 30, 1999, in favor of Beneficiary, which deed of trust was recorded July 8, 1999, as Instrument No. 1999-0473589, in Book, Page, of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $10 3 , 0 0 0 . 0 0 , dated 't' -2-? -09- , in favor of Downey Savings and Loan, hereinafter referred to as "Lender"', payable with interest and upon the terns and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lied or charge of the deed of trust in favor of lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loam to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: DOC #W002-0-3914,01 MAY 08s 2002 3:~00 D1U436 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 19.00 SUBORDINATION AGREEMENT CONTINUED ON NEXT PAGE a • 010437 CONTINUATION OF SUBORDINATION AGREEMENT (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the decd of trust in favor of lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deed of trust or to anther mortgage or mortgages. Bcncliciary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and decd of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Loridcr's loan; (b) Lender in staking disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OR 7L.MILLER BE EXPENDED FOR OTIMR PURPOSES THAN IMPROVEMENT OP THE LAND. adeleine L. Belanger on behalf of City of Encinitas (ALL SIGNATURES MUST BE ACKNOWLEDGED) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OP THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (CLTA SM30RDINATION FORM "A") • ALL-PURPOSE ACKNOWLEDGEMENT 010438 State of California ) ss. County of San Diego } On April 24, 2002, before me, Patricia Drew, Notary Public, appeared K. L. Miller, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal OFFICIAL SEAL PATRIGIA pREW 01-1" NOTARY PUBLIC-CALIFORNIAy~ CpMM. NO. 1306678 ,FJt MY CpMM.IEXP~ UN71, 2(X),~ Patricia Drew, Notary Public My Commission Expires June 22, 2006 SEAL Misc. ack.KLM 010439 } STATE OF CALIFORNI }ss. COUNTY OF Yl Fl l On 1. %7 \ C ' b fore me, personally appeared I G 1' p e (or 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. WITNESS my hand and official seal. Signature tl"6-?'vz(--.~~~ TAMARA BUjT AY o COMM. #1276770 NOTARY PU3LIG-CALIFORNIA N U s "AN DIEGO COUNTY O r My Commission Expires EPTEMeFR 14. 2004 ~e~s+ (This area tar oKdal notarial seal) Title of Document Date of Document No. of`~ages Other signatures not acknowledged 3008 (1194) (General) First American Title Inswamo Company AMERI • C'-1 Order Number; DIV--532820 Page Number: 5 010440 LEGAL DESCRIPTION Real property in the City of Encinitas, County of San Diego, State of California, described as follows: Parcel 1: An undivided 1/2 interest in and to Lot 97 of Pacific Serena Unit No. 3, according to Map thereof No. 6599, filed in the Office of the County Recorder of San Diego County, March 10, 1970. Excepting therefrom any and all rights to occupy and use said land. Parcel 2: The exclusive right of occupancy and use in and to the Southerly 33.81 feet of Lot 97 of Pacific Serena Unit No. 3, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 6599, fled in the Office of the County Recorder of San Diego County, March 10, 1970. APN:257-090-17-02 FIrStAmeiican Title A- RECORDING REQUESTED BY LAWYERS TITLE FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 1I LAP "g WHEN RECORDED PLEASE MAIL TO: City of Encinitas Community Development Department 505 S. Vulcan Avenue Encinitas, CA 92024 DEED OF TRUST THIS DEED OF TRUST, is made this 30th day of June, 1999, among the Trustor(s), Madeleine L. Belanger (herein called "BORROWER"), and First American Title (herein called "TRUSTEE"), and the Beneficiary, the City of Encinitas, (herein called "CITY") whose address is 505 S. Vulcan Avenue, Encinitas, CA 92024. BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of salewthgJpllowing described property located in the County of San Diego, State of California: SEE EXHIBIT "A" ATTACHED HERETO FOR LEGAL DESCRIPTION. SEE EXHIBIT "B" ATTACHED HERETO FOR ADDITIONAL PROVISIONS. TttlS DEED IS SECOND ANT) SUBORDINATE TN LIEN TO '1'111) FTRST DEED OF TRUST RECORDED JULY 7, 1999 AS FILE NO. 1999-0469493. The street address of the property is 272 Coneflower St. Encinitas, California 92024; TOGETHER with all the improvements now and hereafter erected on the above property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to the City to collect and apply such rents), all of which shall be deemed to be and remain part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property", TO SECURE to the City the payment of the sum of $10.000 according to the terms of a promissory note or notes dated February, 1998, made by Borrower, payable to order of the City, and extensions or renewals thereof (herein called "Note") and the performance of the covenants and agreements of Borrower herein contained. THE LIEN OF THIS DEED OF TRUST IS SECOND AND SUBSEQUENT TO THE LIEN OF THAT CERTAIN FIRST DEED OF TRUST (HEREIN CALLED "FIRST TRUST DEED" IN FAVOR OF San Diego Funding, (HEREIN CALLED "PRIMARY LENDER") A. TO PROTECT THE SECURITY OF THIS DEED, Borrower covenants and agrees: 1. Title to the Property. Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Borrower is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. 2. Payment of Principal, Borrower shall promptly pay when due the principal indebtedness evidenced by the Note. 0-Ch-City Ch- of Encinitms Deed of Trust IKnJ~ Pagc 1 0 31_'1 9 3. Prior Mortgages and Deeds of Trust; Charges, Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over the lien of this Deed of Trust, including Borroweds covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 4. Rehabilitation Loan Agreement Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with the City. The City, at the City's option, may require Borrower to execute and deliver to the City, in a form acceptable to the City, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 5. Hazard Insurance. Borrcwer shall keep the improvement(s) now existing or hereinafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as the City may require and in such amounts and for such periods as the City may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by the City, provided, that such approval will not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to the City and shall include a standard mortgage clause in favor of and in a form acceptable to the City. The City has the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and the City. The City may make proof of loss if not made promptly by Borrower. If Property is abandoned by Borrower, or if Borrower fails to respond to the City within 30 days from the date notice is mailed by the City to Borrower that the insurance carrier offers to settle a claim for insurance benefits, the City is authorized to collect and apply the insurance proceeds at the City's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preservation and Maintenance of Property, Condominium, Cooperatives, Planned Unit Developments. Borrower will keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium, a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants, conditions and restrictions, creating or governing the condominium, planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of the City Security. Should Borrower fail to make any payment or to do any act as herein provided, then the City or Trustee, butwithout obligation so to do and without releasing Borrower from any obligation hereof, may, upon notice to Borrower, make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, the City or Trustee being authorized to enter upon said property for such purposes, appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the City or Trustee, pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel, and pay his or her reasonable fees. If the City required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrowers and the City's written agreement or applicable law. Any amounts disbursed by the City pursuant to this paragraph, will become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and the City agree to other terms of payment, such amounts will be payable upon notice from the City to Borrower requesting payment thereof. Nothing contained in this paragraph will require the City to incur any expense or take any action hereunder. 8. Inspection. The City may make or cause to be made reasonable entries upon and inspections of the Property, provided that the City will give the Borrower written notice prior to any such inspection specifying reasonable cause therefor related to the City's interest in the property. City of 5ncinitm Deed of Trust Pagc 2 . 1 31z 0 B. IT IS MUTUALLY AGREED: 1. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the City subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. 2. Funds for Taxes and Insurance. The City will waive collection of impounds for taxes and assessments (including condominium and planned unit development assessments, if any). Borrower will make all payments for impounds to first trust deed holder. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by the City under the Note shall be applied by the City to the principal of the Note. 4. Borrower Not Released; Forbearance by the City Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by the City to Borrower or to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. The City shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by the City in exercising any right or remedy hereunder, of otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 5. Successors and Assigns Bound, Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the City and Borrower, subject to the provisions of Paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that the City and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodation with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 6. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail, return receipt requested, addressed to Borrower at the Property address or such other address as Borrower may designate by notice to the City as provided herein, and (b) any notice to the City will be given by certified mail, return receipt requested, to the City address stated herein or to such other address as the City may designate by notice to Borrower as provided herein. Any Notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or the City when given in the manner designated herein. 7. Governing Law, Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 8. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and this Deed of Trust at the time of execution or after recordation hereof. City of EnLinitls Decd of Imu l Page 3 0 3.1.') 3 • g, Acceleration, Remedies. If all or any part of the Property or any interest in it is sold, rented, refinanced or transferred within seven full years of this date, without the prior written consent of the City, the principal amount of secured by this Deed of Trust shall be due and payable on or before the date provided by the City in the Notice of Acceleration, which shall not be less than thirty (30) days. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, the City, prior to acceleration, shall give Notice to Borrower specifying. (1) the breach, (2) the action required to cure such breach; (3) a date, not less than 10 days from the date the Notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the Notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the Notice, the City, at the City's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. The City shall be entitled to collect all reasonable costs and expenses incurred in pursuing these remedies, including, but not limited to, reasonable attorneys' fees. If the City invokes the power of sale, the City shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of the City's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. The City or Trustee shall mail copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of any previously scheduled sale. Any person, including the City or the City's designee, may purchase the Property at such sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be conclusive proof of the truthfulness thereof. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust with accrued interest; and (c) the excess, if any, to the person or persons legally entitled thereto. 10. Borrower's Right to Reinstate. Not withstanding the City's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by the City to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays the City all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in the Deed of Trust, (c) Borrower pays all reasonable expenses incurred by the City and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing the City's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as the City may reasonably require to assure that the lien of this Deed of Trust, the City's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 11. Assignment of Rents; Appointment of Receiver; the City In Possession. As additional security, Borrower hereby assigns to the City the rents of the Property, provided that Borrower shall, prior to any default by Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, have the right to collect and retain such rents as they become due and payable. Upon any such default, the City, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the City or the receiver shall be applied first to payment of the cost of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receivers bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. The City City of Enclnims UCCA of T mst Page 4 i 31?4 • and the receiver shall be liable to account only for those rents actually received. The entering upon and taking possession of said property and the collection of such rents and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 12. Reconveyance. Upon payment of all sums secured by this Deed of Trust or seven full years of owner occupancy, the City shall request Trustee to reconvey the Property and will surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 13. Substitute Trustee. The City, or any successor in ownership of any indebtedness secured hereby, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by the City and recorded in the office of the Recorder of the county where the Property is located. The instrument shall contain the name of the original Beneficiary, Trustee and Borrower, the book and page where this Deed is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 14. Fee for Required Statements. The City may charge a fee not to exceed sixty dollars ($60) for furnishing a beneficiary statement or payoff demand statement as provided for in Section 2943 of the Civil Code of California. 15. Subordination. The City and Borrower acknowledge and agree that this Deed of Trust is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Trust Deed and to all advances heretofore made or which may hereafter be made pursuant to the First Trust Deed including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Trust Deed, curing defaults by the Borrower under the First Trust Deed or for any other purpose expressly permitted by the First Trust Deed, and (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Trust Deed are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Trust Deed, any provisions herein or any provision in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his/her successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Trust Deed shall receive title to the Property free and clear from such restrictions. Further, if the Primary Lender acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Deed of Trust shall automatically terminate upon the Primary Lender's acquisition of title, provided that (i) the City has been given written notice of a default under the First Trust Deed, and (ii) the City shall not have cured the default under the First Trust Deed, or diligently pursued curing the default as determined by the Primary Lender, within the 60 day period provided in such notice sent to the City. 16 Homebuyer Training. Borrower shall submit to the City of Encinitas Community Development Department a Certificate of Completion of a Homebuyer Training Course within six months of this date. Failure to comply with this condition will result in the City filing of a Notice of Acceleration. There will be no extensions to this condition. The City has provided the Borrower of the dates of a Course that will be conducted in the City within this time frame. City of Cncinaa5 Deed of Tnlst Page 5 315 IN WITNESS WHEREOF, BORROWER HAS EXECUTED THIS DEED OF TRUST. signature signature date ACKNOWLEDGMENT: State of California, County of San Diego On G -3 G '1 e~ before me, ck V% t ff qj~ a Notary Public personally appeared d o I-r c a h personally known to me (or proved to me on the ba Is of satisfactory evidence) to be the person(s) whose name(s) 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 persons acted, executed the instrument. `r ~i date WITNESS my hand and official seal. "~~^~~9~+Pa?~alle69r~ckba-9wo ,a ~ JANIFF ALL "J f0.. C~~✓1M 711u11 tt(1 - ~~?R nnrn ^rui.G,)i;lCAI ) g7idnCt y °P RE Signature City of 5ncinitas Dead of I nest Page 6 9 31 ^7 0 ORDER NO.: 257750-03 EXHIBIT A (LEGAL DESCRIPTION) Parcel 1: An undivided 1/2 interest in and to lot 97 of Pacific Serena Unit No. 3, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 6599, filed in the Office of the County Recorder of. San Diego County. Excepting ther.'e.trom any and all rights to occupy and use said land. Parcel 2: The exclusive right of occupancy and use in and to the Southerly 33-81 feet of Lot 97 Ot Pacific Serena Unit- No- 3, in the County of San Diego, State of California, according Co Map thereof No. 6599, filed in the Office of the County Recorder of said County. END OF SCHEDULE A • 31 ,,s 0 EXHIBIT "B„ RIDER ATTACHED TO AND MADE A PART OF DEED OF TRUST DATED AS OF 11999, AMONG Madeleine L. Belan er, TRUSTOR/BORROWER, and First American Title, TRUSTEE, and THE CITY OF ENCINITAS, BENEFICIARY This Rider amends and supplements the Deed of Trust to which it is attached. Unless otherwise specified, capitalized terms shall have the meanings assigned by the Deed of Trust, the Note referred to therein, or the related Loan Documents (as defined in the Note). Borrower agrees to the provisions of this Rider in addition to those of the Deed of Trust. The language of this Rider prevails over any provision or term of the Deed of Trust in the event of a conflict. 1. Due on Transfer Clause. If all or any part of the Property or any interest in it is sold, rented, or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without the written consent of the City (herein called "Transfer"), the City may, at its option, require immediate payment in full of all sums secured by the Deed of Trust (herein called "Acceleration"). The City shall not exercise this option if prohibited by federal law as of the date of the Deed of Trust or if the City has executed a separate written waiver of this option. The following limited instances do not constitute a Transfer: a) A transfer of the Property from a deceased Borrower to the surviving spouse of the Borrower if the surviving spouse is also a Borrower, b) A transfer of the Property by a Borrower to his or her spouse pursuant to which the spouse becomes a co-owner of the Property. C) A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires the Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property. d) A transfer of the Property by a Borrower to an inter vivos trust in which the Borrower is the sole beneficiary. e) A transfer by means of encumbering the Property with a lien which is a junior lien to the lien securing the loan to Borrower evidenced by the Deed of Trust. If the City exercises this option, the City shall give Borrower Notice of Acceleration. The Notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by the Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, the City may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower. NOTICE TO BORROWER: Do not sign this Rider if it contains blank spaces. All spaces should be completed before you sign. f 2_1 UE signature/ date signature d ate (7ity of Mlicinitas need or Trust F'ngc 9 31'9 DO NOT RECORD REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the legal owner and holder of the note or notes and of ali other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby requested and directed to cancel said note or notes, and all other evidences of indebtedness secured by said Deed of Trust, together with this Deed of Trust, which are delivered herewith, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the party or parties legally entitled thereto. DO NOT LOSE OR DESTROY THIS DEED OF TRUST OR THE NOTE WHICH IT SECURES. BOTH MUST BE DELIVERED TO THE TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. (Ay of F:ncinitms Deed of Trust Page 9