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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER18 OFFICE
GREGORY J. SMITH, COUNTY RECORDER
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RECORDING REQUESTED BY /.li//Tt'2 7772Z
AND WHEN RECORDED MAIL TO:
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CITY OF ENCINIT AS
COMMUNITY DEVELOPMENT DEPARTMENT
505 S. Vulcan Ave.
Encinitas, CA 92024
This document is exempt from the
payment of a recording fee pursuant
to Government Code Section 6103.
(Space above this line for Recorder's use)
DEED OF TRUST WITH ASSIGNMENT OF RENTS
This I?eed of Trust is made this ~ day of Apr il , 1998, by North Coast Housing, a
California Nonprofit Public Benefit Corporation (the "Borrower), whose business address is
3355 Mission Ave.. Ste. 221. Oceanside. CA 92054. to United Title Company (the
"Trustee") whose business address is San Diego California 92108 in favor of the
, ,
City of Encinitas, a municipal corporation ("City", or "Beneficiary"), whose principal office
is at 505 S. Vulcan Ave., Encinitas, California 92024.
1. BORROWER HEREBY IRREVOCABLY GRANTS, TRANSFERS
AND ASSIGNS to Trustee in trust, with power of sale and right of entry and possession, all
of Borrower's rights, title and interest now held or hereafter acquired in and to the following:
(a) ,All of that certain real property located at 2074 Manchester Avenue in the City of
Encinitas, State of California, described in Exhibit A (attached) which Exhibit is incorporated
in this Deed of Trust by this reference; and (b) all buildings, and improvements now or
hereafter erected thereon, and all appurtenances, easements, and articles of property now or
hereafter affixed to, placed upon or used in connection with the property and owned by
Borrower or in which Borrower has an interest, together with all additions to, substitutions
for, changes in or replacements of the whole or any part of said articles of property (all of
which real and personal property are sometimes referred to as the "Property"; all of which are
hereby pledged and assigned, transferred, and set over unto Trustee, and for purposes of this
Deed of Trust declared to be part of the realty.
2. BORROWER HEREBY ABSOLUTELY , UNCONDITIONALLY AND
IRREVOCABLY ASSIGNS to City all rents, royalties, issues, accounts and profits of or
City of Encinitas-Deed of Trust
Page 1
120'1
relating to the Property and all of Borrower's interest under all leases, subleases, rental
agreements and other contracts and occupancy agreements relating to the use and possession of
the Property, for the purposes and upon the terms and conditions hereinafter set forth. This
assignment is absolute, primary and direct and is not intended to be a separate or secondary
pledge, or other form of additional security, and no further act or step is or shall be required
of City to perfect this assignment. Notwithstanding the foregoing, City confers upon
Borrower a license to collect and retain the rents, issues and profits of the Property as they
become due and payable until an Event of Default (hereinafter defmed), upon the occurrence
of which said license shall be automatically revoked. This assignment shall not impose upon
City any duty to cause the Property to produce rents nor shall City be deemed to be a
mortgagee in possession by reason thereof for any purpose.
3. THE ABOVE GRANT, TRANSFER, AND ASSIGNMENTS ARE
FOR THE PURPOSE OF SECURING:
(a) Payment of the indebtedness of the Borrower evidenced by a promissory
note of even date herewith, in the face amount of Fifty-One Thousand Thirty-Nine Dollars
($51.039 ) (the "Note "), together with interest on such indebtedness according to the terms of
the Note, and any and all amendments, modifications, extensions or renewals of the Note and
the indebtedness and all. other sums becoming due and payable to the City, or Trustee,
pursuant to the terms of this Deed of Trust;
(b) Payment of such additional indebtedness, when evidenced by a promissory note
or notes reciting the same to be secured by this Deed of Trust, together with interest, as the
City may advance to Borrower, or its successor in interest, from time to time, and payment or
performance of such other obligations as the then record owner of the Property may agree to
payor perform when evidenced by a promissory note or other instrument or agreement
reciting that it is secured hereby; and
(c) Performance and observance of all of the terms, covenants and conditions to be
performed or observed by Borrower under any note, Deed of Trust, Regulatory Agreement or
other document or agreement relating to the project as described herein and in the CDBG
Agreement and which are incorporated herein and made part of this Deed of Trust.
4. TO PROTECT THE SECURITY OF THIS DEED OF TRUST,
BORROWER AGREES:
4.1 Maintenance of the Property. (a) To keep the Property in a decent, safe,
sanitary, and tenantable condition and repair and permit no waste thereof; (b) not to commit or
suffer to be done or exist on or about the Property any condition causing the Property to
become less valuable; (c) not to construct any buildings and improvements on the Property,
other than the buildings and improvements now or hereinafter located on the Property; (d) to
rebuild promptly any buildings or improvements on the Property that may become damaged or
be destroyed while subject to the lien of this Deed of Trust; (e) to comply with all applicable
City of Encinitas-Deed of Trust
Page 2
1208
laws or governmental regulations affecting the Property or requiring any alteration or
improvement thereof, and not to suffer or permit any violations of any such laws, ordinances
or governmental regulations, nor of any covenant, condition or restriction affecting the
Property; (f) not to initiate or acquiesce in any change in any zoning or other land use or legal
classification which affects any of the Property without the City's prior written consent; and
(g) not to alter the use of all or any part of the Property without the prior written consent of
City.
4.2 Insurance.
(a) Title Insurance. Borrower shall procure from a title insurer acceptable to
City an AL T A Lender's Policy of Title Insurance, with any endorsement City may require, insuring
City of the validity and the priority of the lien of the Regulatory Agreement upon the Property and
Project, in the principal amount of the Loan, subject only to matters of record approved by City in
writing. During the term of this Agreement, Borrower shall procure and deliver"to City, within five
(5) working days of City's request, and at the Borrower's sole cost, other endorsements to the Title
Policy as City may reasonably require.
(b) Hazard. Liabilitv Insurance. To keep the Property insured, with loss
payable to City, against loss or damage by fire and such other hazards, casualties and
contingencies and by such companies, on such forms and in such amounts as City may from
time to time .require, and to deliver the original of all such policies to City, together with
receipts satisfactory to City at least thirty (30) days prior to the expiration of existing policies.
Neither Trustee nor City shall by reason of accepting, rejecting, approving or obtaining
insurance, incur any liability for the existence, nonexistence, form or legal sufficiency of such
insurance, or solvency of any insurer for payment of losses.
4.3 Payment of Taxes and Utility Charges. To pay, at least ten (10) days prior to
delinquency, all taxes and assessments, both general and special, fmes, penalties, levies and
charges of every type or nature levied upon or assessed against any part of the Property or
upon Trustee I s or City's interest in the Property.
4.4 Impounds. At City's option and upon its demand, to pay to City on the day
upon which installments of interest and/or principal are due under the Note, such amounts as
City from time to time estimates as necessary to create and maintain a fund (the "Fund") from
which to pay, before the same become due, the next maturing taxes, assessments, levies,
charges and insurance premiums on or against the Property. Any excess accumulated in the
Fund over the amount required for such purposes shall be held for future use or applied to any
indebtedness or obligation hereby secured, or refunded to Borrower, at City's option; any
deficiency shall be made up by Borrower on written demand of City. City shall place the
amounts in the Fund in an interest bearing account and shall credit the interest earned on such
amounts to the Fund semiannually; provided that upon the Fund's termination any interest
amount due shall not be payable sooner than six months from the date of the last payment
credited to the Fund. Amounts in the Fund shall be released to Borrower for application to or
City of Encinitas-Deed of Trust
Page 3
1209
shall be applied by City to payment of such taxes, assessments, levies, charges and insurance
premiums, even though subsequent owners of the Property may benefit thereby; provided,
however, that in the event of any default under this Deed of Trust, all or any part of the Fund
may be applied to any indebtedness or obligation hereby secured, in such order and manner as
City may determine at its option.
Borrower agrees that any conveyance of its interest in the Property shall have the effect
of transferring to the grantee of said conveyance all of Borrower's interest in and all its rights
to the Fund without further act on the part of Borrower, and that in refunding all or any part
of the Fund, City may deal with whoever is represented to be the owner of the Property. The
collection by City, pursuant to the terms of this paragraph, of monthly installments to cover
taxes, assessments, levies, charges and insurance premiums may be suspended or terminated
by City at any time upon written notice sent to the owners of the Property, such collection
being solely for the added protection and benefit of City and entailing no responsibility on City
other than to apply sums actually received by it and to pay interest on sums held by it as
provided in the Deed of Trust.
4.5 Payment and Discharge of Liens. Borrower shall pay, when due, all claims
of every kind and nature which might or. could become a lien on the Property or any part
thereof of any kind or nature other than this Deed of Trust; provided, however, that the
following are excepted from this prohibition: (a) liens for taxes and assessments which are not
delinquent although by law are given the status of a lien, and (b) such of the above claims as
are, and only during the time they are, being contested by B.orrower in good faith and by
appropriate legal proceedings. Borrower shall post security for the payment of these contested
claims as may be requested by City.
4.6 Rights of City to Remedv Defaults. If Borrower defaults in payment of any tax,
assessment, lien, claim, insurance premium, or any other proper charge in whole or in part, or
defaults in the performance of any of the Loan Documents, City at any time and from time to
time, with or without notice or demand upon Borrower, may make such payments or perform
any such acts required of Borrower, to such extent and in any form or manner deemed
expedient by City and pay any other sums, expenses and charges, including attorneys' fees,
necessary to protect the Property and the lien of this Deed of Trust, without incurring any
obligation so to do or releasing Borrower from any obligations and without waiving o{ curing
any default. City shall be the sole judge of the validity, priority, and amount of any such tax,
assessment, lien, premium, claim or charge so paid by it and the necessity for the performance
by City of any such obligation which Borrower was required but failed to perform. City, at its
option, shall be subrogated to any tax, assessment, lien, premium, claim or charge which it
has paid under these provisions and any such subrogation rights shall be additional and
cumulative security to those set forth in the Loan Documents.
4.7 Repayment to City. Upon City's payment of any tax, assessment, lien, claim,
insurance premium or other charge which Borrower fails to pay, or upon City performance of
any obligation which Borrower fails to perform, all as set forth in paragraph 4.6 above, the
amount so paid or the cost of performing any such obligation, together with other sums paid or
City of Encinitas-Deed of Trust
Page 4
1210
incurred by City, including charges, expenses and attorneys' fees thereon from date of
payment at the rate often percent (10%) per annum, shall be paid by Borrower to City upon
written demand. The aggregate of all such amounts, including interest, shall be secured by the
lien of this Deed of Trust.
4.8 Defense of Actions and Payment of Costs. Borrower will appear in and defend
all actions and proceedings purporting to affect the Property or any right or power of City or
Trustee hereunder, provided that City and Trustee, or either of them, may appear in and
defend any such action or proceeding and City is authorized to pay, purchase or compromise
on behalf of Borrower any lien or claim which in its judgment appears to or purports to affect
the security of or to be superior to this Deed of Trust. Borrower shall pay on demand all sums
so expended and all charges, expenses an attorneys' fees incurred, with interest from the date
of expenditure at eight percent (8 %) per annum. Borrower shall give City prompt written
notice in writing of (a) the assertion of any claim, (b) the filing of any action or proceeding,
(c) the occurrence of any damage to any of the Property, (d) any condemnation and (e) any
other material nonmonetary default.
5. IT IS MUTUALLY AGREED THAT:
5.1 Awards and Damages. All judgments, awards of damages, settlements and
compensation made in connection with or in lieu of (a) taking of all or any part of or any
interest in the Property by or under assertion of the power of eminent domain, (b) any other
injury or damage to all or any part of the Property, are hereby assigned to and shall be paid to
City. City is authorized and empowered (but not required) to collect and receive any such
sums and is authorized to apply them in whole or in part upon any indebtedness or obligation
secured hereby, in such order as City shall determine in its sole discretion and entitled to settle
and adjust all claims under insurance policies provided under this Deed of Trust and may
deduct and retain from the proceeds of such insurance the amount of all expenses incurred by
it in connection with any such settlement or adjustment. Allor any part of the amounts so
collected and recovered by City may be released to Borrower upon such conditions as City
may impose for its disposition. Application of all or any part of the amounts collected and
received by City or the release thereof shall not cure or waive any default under this Deed of
Trust.
5.2 Sales and Encumbrances Prohibited. Borrower shall not make any sale,
assignment or conveyance, or transfer in any other form, nor any further pledge, encumbrance
or mortgaging, of the Property, or any part thereof or of any of its interest therein, other than
in accordance with the terms of the Loan Documents.
5.3 Sale or Forbearance. No sale of the Property, forbearance on the part of City
or extension of the time for payment of the indebtedness hereby secured shall operate to
release, discharge, waive, modify, change or affect the liability of Borrower either in whole or
in part.
City of Encinitas-Deed of Trust
Page 5
1211
5.4 Late Payment. City's acceptance of late payment of any sum shall not
constitute a waiver of its rights to require prompt payment when due of all other indebtedness,
or to declare a default for any failure so to pay, or to proceed with foreclosure or sale for any
other default then existing. City's acceptance of partial payment of any sum after default shall
not cure such default or affect any notice of default unless such notice of default is expressly
revoked in writing by City.
5.5 City's Rights to Release. Without affecting the liability of any person for
payment of any indebtedness hereby secured (other than any person released pursuant hereto),
including without limitation, anyone or more endorsers or guarantors, and without affecting
the lien hereof upon any of the Property not released pursuant hereto, at any time and from
time to time without notice: (a) City may, at its sole discretion, (i) release any person now or
hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to
alter the terms of payment of any or all of such indebtedness, and (iii) release or accept
additional security for such indebtedness, or subordinate the lien or charge hereof; and (b)
Trustee, acting pursuant to the written request of City, may reconvey all or any part of the
Property, consent to the making of any map or plat thereof, join in granting any easement
thereon, or join in any such agreement of extension or subordination.
5.6 Reconvevance. Upon written request of City stating that all sums and
obligations secured hereby have been discharged, or otherwise as requested in writing by City,
and upon suqender of this Deed of Trust and the Note and any additional loan notes to Trustee
for cancellation, and upon payment to Trustee of its fees and expenses, Trustee shall reconvey,
without warranty, the Property or that part thereof then held hereunder. The recitals in any
reconveyance shall be conclusive proof of their truthfulness and the grantee in any such
reconveyance may be described "as the person or persons legally entitled thereto." When the
Property has been fully reconveyed, the last such reconveyance shall operate as a reassignment
of all of the rents, royalties, issues, accounts and profits of the Property to the person or
persons legally entitled thereto unless such reconveyance expressly provides to the contrary.
5.7 Events of Default. Anyone or more of the following events shall constitute a
default under this Deed of Trust: (a) Failure of Borrower to pay the indebtedness secured
hereby or any installment thereof, whether principal or interest, payable, whether at maturity
or by acceleration or otherwise; or (b) failure of Borrower to observe or to perform any
covenant and/or condition to be observed or performed by Borrower pursuant to the Loan
Documents.
5.8 Acceleration and Sale.
(a) Acceleration. In the event of any default as set forth in paragraph 5.7
above, City, without demand on Borrower, may declare all sums hereby secured immediately
due and payable by notice thereof to the Borrower or by executing and recording or by causing
the Trustee to execute and record a notice of default and election to cause the Property to be
sold to satisfy the obligations secured hereby, or by the commencement of an appropriate
action to foreclose this Deed of Trust or by any other appropriate manner;
City of Encinitas-Deed of Trust
Page 6
1212
(b) Foreclosure Procedure. Whenever a notice of default and intent to sell
is issued pursuant to Civil Code Section 2924, the City will follow the notice and hearing
procedures established in Section 7938 Title 25, California Administrative Code in addition to
other provisions of law.
5.9 Entry. Possession and Receivership. In the event of any default hereunder and
irrespective of whether City accelerates the maturity of all indebtedness secured hereby or fIles
a notice of default hereunder, City at any time, without notice of demand or regard to the
adequacy of any security for the indebtedness and obligations hereby secured, in person, or by
any agent or employee, or by receiver appointed by court, may enter upon and take the
possession of the Property or any part thereof and including the right to rent, lease, operate
and maintain any part or all of the Property, and may sue for or otherwise collect and receive
all rents, royalties, issues, accounts and profits thereof, including these past due as well as
those accruing thereafter. Borrower hereby presently assigns to City, absolutely and
regardless of possession of the Property, all rents and other monies now due or hereafter to
become due under any lease or agreement or otherwise for the use of occupation of all or any
part of the Property, now existing or hereafter made, reserving to Borrower such rents as they
become due, but not otherwise. Borrower shall on demand execute such further assignments
to City of any or all such leases, agreements, rents or monies as City may require, and deliver
to City a fully executed original of any or all such leases or agreements. City by any agent,
employee or receiver, may also take possession of, and for these purposes use, any and all of
Borrower's personal property contained in or on the Property and used by Borrower in the
operation, rental or leasing thereof or any part thereof. The expense (including, but not
limited to, receivers' fees, attorneys' fees and agents' compensation) incurred by City pursuant
to the power herein contained shall be secured hereby. City may bring or defend any legal
action in connection with the Property, as it may deem proper, and may, from time to time,
make all necessary or proper repairs, replacements and alterations to the Property, as it may
seem judicious, and may insure and reinsure the same, and may lease the Property or any part
or parts thereof in such parcels and for such periods and on such terms as it may seem fit,
including leases for terms and for terms expiring after the maturity of the indebtedness hereby
secured, and may terminate any lease for any reason which would entitle Borrower to
terminate it. After deducting the expenses of managing and operating the same and all
maintenance, repairs, replacements and alterations and all payments which may be made for
taxes, assessments, liens, claims, insurance premiums, or other proper charges of the Property
or any part and for agents employed by City to manage and operate the Property, City may
apply any and all remaining funds to the payments of the indebtedness hereby secured in such
order and proportion as City may determine.
Neither application of said amounts to such indebtedness nor any other action
taken by City under this paragraph shall cure or waive any default hereunder or nullify the
affect of any such notice of default or invalidate any act done pursuant to such notice or any
cause of action to foreclose this Deed of Trust. The right to enter and take possession of the
Property, to manage and operate the same, and to collect the rents, issues and profits thereof,
whether by a receiver or otherwise, shall be in addition to any other right or remedy hereunder
City of Encinitas-Deed of Trust
Page 7
1213
or afforded by law, and may be exercised concurrently therewith or independently thereof.
City shall be liable to account only for such rents, royalties, issues, accounts and profits
actually received by it.
5.10 Attorneys' Fees. If Trustee or City shall be made parties to or shall intervene
in any action or proceeding affecting the Property or the title thereto or the interest of Trustee
or City under this Deed of Trust, or if City employs an attorney (including the Attorney
General of the State of California) to collect any or all of the indebtedness hereby secured or
to foreclose this Deed of Trust, or authorizes Trustee to act on its behalf, City shall be
reimbursed by Borrower, immediately and without demand, for all reasonable costs, charges
and attorneys' fees incurred by them or either of them in any such case whether or not a suit
be commenced, and the same, together with interest thereon from the date of payment at the
rate of eight percent (8 %) per annum, shall be secured hereby as provided in paragraph 4.7.
5.11 Exercise of Remedies: Delay. No exercise of any right or remedy herein
contained or provided by law, and no delay by City or Trustee in exercising any such right or
remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof during the
continuance of any default hereunder.
5.12 .Trustee Substitution. The irrevocable power to appoint a substitute trustee or
trustees hereunder is hereby expressly granted to City to be exercised at any time hereafter,
without specifying any reason therefor, by filing for record in the office where this Deed of
Trust is recorded a deed of appointment, and said power of appointment of successor trustee
or trustees may be exercised as often as and whenever City deems advisable. The exercise of
said power of appointment, no matter how often, shall not be deemed an exhaustion thereof,
and upon recording of such deed or deeds of appointment, the trustee or trustees so appointed
shall thereupon, without further act or deed of conveyance, succeed to and become fully vested
with identically the same title and estate in and to the Property hereby conveyed and with all
the rights, powers, trusts and duties of the predecessor in the trust hereunder, with the like
effect as if originally named as trustee or as one of the trustees.
5.13 Remedies Cumulative. No remedy herein contained or conferred upon City or
Trustee is intended to be exclusive of any other remedy or remedies afforded by law or by the
terms hereof to City or Trustee but each and every such remedy shall be cumulative and shall
be in addition to every other remedy given hereunder or now or hereafter existing at law or in
equity .
5.14 Successors. Assigns. Gender. Number. The covenants and agreements herein
contained shall bind, and the benefit and advantages shall inure to, the respective heirs,
executors, administrators, successors and assigns of the parties. Wherever used, the singular
number shall include the plural, and the plural the singular, and the use of any gender shall be
applicable to all genders.
City of Encinitas-Deed of Trust
Page 8
1214
5.15 Headings. The headings are inserted only for convenience of reference and in
no way defme, limit, or describe the scope or intent of this Deed of Trust, or of any particular
provision thereof, or the proper construction thereof.
5.16 Actions on Behalf of City. Except as is otherwise specifically provided herein,
whenever any approval, notice, direction, consent, request or other action by City is required
or permitted under this Deed of Trust, such action shall be in writing.
5.17 Obligations of Borrower. If more than one person has executed this Deed of
Trust as Borrower, the obligations of all such persons hereunder shall be joint and several.
5.18 Miscellaneous Provisions.
(a) Beneficiary Statement. City may charge a fee of sixty dollars ($60) for
furnishing any statement required by California Civil Code Section 2943.
(b) Severability. If any provision of this Deed of Trust shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining provisions
hereof shall not in any way be affected or impaired.
(c) Indemnification. Borrower will indemnify and hold City, its officers
and agents h~rmless against any and all losses, claims, demands, penalties and liabilities which
City, its officers or agents may sustain or suffer by reason of anything done or omitted in good
faith pursuant to or in connection with this Deed or Trust and not assert any claim against
City, its officers or agents by reason of any action so taken or omitted. Borrower shall, at
Borrower's expense, defend, indemnify, save and hold expenses, damages (general, punitive
or otherwise), causes of action (whether legal or equitable in nature) asserted by any person;
firm, corporation or other entity arising out of this Deed of Trust and Borrower shall pay City
upon demand all claims, judgments, damages, losses or expenses (including reasonable legal
expense) incurred by City as a result of any legal action arising out of this Deed of Trust.
(d) Offset. Borrower shall not under any circumstances fail or delay to
perform (or resist the enforcement of) any of its obligations to City in connection with this
Deed of Trust or any other contract, note or instrument executed by Borrower in favor of City
because of any indebtedness or obligation of City which has not been confirmed in a fmal
judgment of a court of competent jurisdiction (sustained on appeal, if any) against City, and
Borrower hereby waives any such rights of set-off (or offset) which it might otherwise have
with respect to any such claims or causes of action against City or any such obligations or
indebtedness of City, unless and until such right of set-off (or offset) is confirmed and
liquidated by such fmal judgment. Borrower further waives any right which it might
otherwise have (if any) to require a marshalling of any security of City or to direct the order in
which City pursues its rights or remedies with respect to any of its security.
City of Encinitas-Deed of Trust
Page 9
1215
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day
and year set forth above. If a mailing address is set forth opposite its signature below, and not
otherwise, the Borrower shall be deemed to have requested that a copy of any notice of default
and of any notice of sale hereunder be mailed to it at such address.
MAILING ADDRESS FOR NOTICES
To Borrower:
SIGNATURE OF BORROWER
North Coast Housing
3355 Mission Ave., Ste. 221
Oceanside, CA 92054
BY:ctv}/! l Po-
ROBERT S. KENT
To Beneficiary:
SIGNATURE OF BENEFICIARY
BaM~/c~-~________
\ Lauren M . Wasserman '-"
City of Encinitas
505 S. Vulcan Ave.
Encinitas', CA 92024
ATTACH ACKNOWLEDGEMENTS HERE
City of Encinitas-Deed of Trust
Page 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
1216
STATE OF CALIFORNI~ )SS
COUNTY OF ~~(\ <l.)l-e ~~6 )
On '-\ - ~ 2J -0. <( before me. t1 (\ ~t u"J'.b 0 d'7 U
personally appeared . {~j T .
personally known to me (or proved to me on t e basis of satisfactory eVIdence) to be the person(s) whose name(s) Is/are subscnbed to the wlthm mSlIUment
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. -,';:'';c."",,,~-_",,,,--;:-,,"=,,= _ ~~:-~~
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Signature
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the
document.
] INDIVIDUAL
] CORPORATE OFFICER(S)
] PARTNER(S) - [ ] LIMITED
] ATTORNEY-IN-FACT'
] TRUSTEE(S)
] GUARDIAN/CONSERVATOR
] OTHER
SIGNER IS REPRESENTING:
TITLE(S)
] GENERAL
Name of Person or Enl1ty
Name of Person or Enl1ty
u~
Though the date requested here is not required by law, it could prevent fraudulent reattachment of this form.
TillS CERTIFICATE MUST BE A IT ACHED TO THE DOCUMENT DESCRIBED BELOW
TITLE OR TYPE OF DOCUMENT:
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT
1217
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
On April 30, 1998, before me, Leona V. Kauflin, NotaIy Public, appeared Lauren M.
Wasserman, 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 executed the same in his
authorized capacity, and that by his signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
1:::.~/ V ~)
eona V. Kauflin,Notary c
G:\PL-95\ACK- W ASS
ExmBIT A
LEGAL DESCRIPTION
1218
Land referred to herein is situated in the State of California, County of San Diego and is
described as follows:
Lots 19 and 20 in block 35 of Cardiff "A" in the City ofEncinitas, County of San Diego, State of
California, according to map there of number 1334, filed in the office of the County Recorder of
San Diego County, May 12, 1911.
City of Encinitas-Deed of Trust
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