1998-29783s
November 1, 2001
Original Deed to Mandy Mills.
Loan to be reconveyed.
Reconveyance to be recorded and returned to City.
Kathy Greene
RECORDING REQUESTED BY
COMMONWEALTH LAND TITLE COMP/
AND WHEN RECORDED MA 1IS DEED AND.
UNLESS OTHERWISE SHOWN BELOW.
MAIL TAX STATEMENTS TO:
r
Ka~
Sty Commonwealth Lan:! %Ic
Address 1455 Frazee Road, rt600
k\ u6. San Diego. CA 92108
J~ L
DOC 4 2002-0012-4312
JAN 07 , 2002 2:06 PM
OFFICIAL (ECORDv
SRN DIEM COVY RECORDER'S OFFICE
QlSS51. GREGORY J. SMITH, COUNTY RECORDER
FEES: 9.00
I IIIUI ICI III VIII III I1 IN NI IN 11111111111111111F
111 lli III 1118 VIII Ilil 111 III 1181 III ll~i ICI VIII II[i III I IIII
FULL RECONVEYANCE 2002-0012432
A.P.N.
CcmmrnnWAal t1h rand m, tl Ea [gamy, is Calif- ~`orpoSatj pn , as duly appointed Trustee
under Deed of Trust hereinafter referred to, having received from holder of the obligations thereunder a written request to
reconvey, reciting that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note or notes
secured thereby having been surrendered to said Trustee for cancellation, does hereby RECONVEY, without warranty, to the
person or persons legally entitled thereto, the estate now held by it thereunder.
Said Deed of Trust was executed by
ROBERTO C. AND GINA CARMONA
and recorded in the official records of San Diego
REC 1-21-98 AS INSTR. NO. 1998--0029783
DESC. as described in said Deed of Trust
County, California, as follows:
Trustor,
Comsmonwealth Land Title Company,
a Califo a corporation /
Dated JANUARY 7 2002 BY:
Jame A. ernm -Asst. Sec.
State of California
County of San Diego SS.
On before me, the undersigned
. personally appeared
Fames A. Maraerma
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 autho.
rized 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 ffdial seal.
Signature 1
PATRICIA RIVAS
COMM. # 1205124 r
w di Nowity FluSt.104AUFORNIA o
(Seal)
Form 3125 (694) THIS FORM FURNISHED BY COMMONWEALTH LAND TTTLE INSURANCE COMPANY
Order: af2 Description: 2002.12432 Page 1 of 1 Comment:
RECORDING RE(ATED BY'
COMMONINEALTH LAN: ILE COMPAMY
n FREL RECORDING REQUESTED PURSUANT
J TO GOVERNMENT CODE SECTION 27383
WHEN RECORDED PLEASE MAIL TO.
City of Encinitas
Community Development Department
505S ' Vulcan Avenue
Encinitas, CA 92024
q9/) '7
f7ELTC14L. RECCRCS
YC rrs+ r^'-( n I.
_:;,.rt1RY~ INK, ~,y Y Rrl. k",
f C[i7= :J3A
IBn~@I~I~III 0111111111111
DEED OF TRUST
THIS DEED OF TRUST, is made this 19th day of January, 1998, among the Trustor(s), /Roberto /and
Gina Carmona (herein called "BORROWER"), and
(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 sale, the following described properly 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.
The street address of the property is 276 Asoenwood Lane 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 January 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 Bank of America, (HEREIN CALLED
"PRIMARY LENDER") BEING FILED CONCURRENTLY HEREWITH.
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.
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 Borrower's 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.
City of Encinitas t)ccd of Trust Page I
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.
6. Hazard Insurance. Borrower 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 Borrowers 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, but without 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 Borrower's 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.
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.
City of tncinitu4 Deed of Trust page 2
• of 0-
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. Borrowers 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.
9. 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
City of Encinitas D=J of Trust Page 3
• 299
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. Borrowers 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 it (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
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.
City of Encinitas Deed of Trust Page 4
30)
f
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 (il) 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 ofEncinitay beed of Trust Page 5
X01.
BORROWER HAS EXECUTED THIS DEED
//9/?P
State of California, County of San Diego
ACKNOWLEDGMENT:
On January 19, 1998 before me, Teresa R. McElo= _ a Notary
Public personally appeared Roberto C. CaLmona and Gina Cannon
proved to me on the basis 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.
Teretla R. aE18tlAy
Comm. film 2
S NOTARY PUBLIC • CAUPO
SAN DIEGO COUNT
Comm. Exp Aug. 18. 20M oh
WITNESS my hand and official seal.
Signature of
City of Encinitas Deed of Trust Page 6
302 ~
11
990752
Page 3
EDIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
A Condominium comprised of:
Parcel 1:
An undivided 1/44th interest in and to:
Lot 55 of 'V'illage Park Unit No. 1, in the City of Encinitas, County of San Diego, State of
California, according to Map thereof No. 6755, filed in the Office of the County Recorder
of San Diego County, California, on October 14, 1970.
Excepting therefrom a portion thereof described as:
Beginning at an angle point in the Easterly boundary of said Lot 55, being the Northerly
terminus of that certain course shown on said Map as "North 19°43'40" West 206.50 feet;
thence Southerly along said Easterly boundary South 19°43'40" East 80.10 feet to the True
Point of Beginning of this description; thence continuing South 19°43'40" East 126.40 feet
to a point in the Northeasterly right-of-way of Greentree Road, being also a point in a non-
tangent 48.00 foot radius curve concave Southerly, a radial line to said point bears North
38°50'50" East; thence Westerly along said curve through an angle of 105°54'13", an arc
distance of 88.72 feet to a point in a reverse 20.00 foot radius curve, concave Northerly, a
radial line to said point bears North 67°03'23" West; thence Westerly along said reverse
curve through an angle of 47°25'53", an arc distance of 16.56 feet; thence tangent to said
reverse curve South 77°22'30" West 100.96 feet to the beginning of a tangent 20.00 foot
radius curve, concave Northeasterly; thence along said curve through an angle of 87°24'55"
an arc distance of 30.51 feet to a point in a reverse 1000.00 foot radius curve, concave
Westerly a radial line to said point bears North 67°47'25" East; thence Northerly along
said reverse curve through an angle of 06°07'45", an arc distance of 106.97 feet; thence
along a non-tangent line North 70°22'30" East 222.23 feet to the True Point of Beginning.
Also excepting therefrom the following:
(A) Living Units 29 through 72 as shown upon the Amended Condominium Plan recorded
on June 25, 1971 as Document No. 136964 of Official Records of said County.
(13) The right to possession of all those areas designated as Patio Areas, Carport Areas,
and Storage Areas as shown upon the Condominium Plan above referred to.
Parcel 2:
Living Unit No. 67 as shown upon the Condominium Plan above referred to.
CLTA Preliminary Report Form (Rev. 1/1/95)
Parcel J;
The exclusive right to possession and occupancy of those portions of Lot 55 described in
parcel 1 above designated as P67, C67, S67, on the Condominium Plan referred to above
which is appurtenant to Parcels 1 and 2 above described.
City of Encinitas Dccd ofTmt Page a
304 0
EXHIBIT "B"
RIDER ATTACHED TO AND MADE A PART OF DEED OF TRUST
DATED AS OF January 19, 1998, AMONG
ROBERTO AND GINA CARMONA, TRUSTORIBORROWER, and
Cor norrmalth Land Title Compazry , 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 sigp-fts7'RLder JWcontains blank spq,C,es. All spaces should be completed
signature
signature
City of Encinitas Decd ofTnist Pagc 9
34D
DO NOT RECORD
TO TRUSTEE:
REQUEST FOR RECONVEYANCE
The undersigned is the legal owner and holder of the note or notes and of all 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.
Dated:
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.
City of Encinitas Deed or Trust Page 10