2000-81197Recorded a~he request of
Chicago Title
FREE RECORDING REQUESTED
PURSUANT TO GOV. CODE SECTION
27383
Recording Requested By:
City of Encinitas
Community Development
505 S. Vulcan Avenue
Encinitas, CA 92024
And When Recorded Mail To:
City of Encinitas
Community Development
505 S. Vulcan Avenue
Encinitas, CA 92024
DOC 2000-0081197
FEB 16, 2000 3:42 PM
DEED OF TRUST
(This is a Second Deed of Trust)
THIS DEED OF TRUST is made this 10th day of February, 2000, among the Tmstor,
Dawn Michelle Woodruff (herein "Borrower"), and CHICAGO TITLE COMPANY (herein
"Trustee"), and the Beneficiary, CITY OF ENCINITAS (herein "CITY"), whose address is 505 S.
Vulcan Avenue, Encinitas, California 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 property located in the County of San Diego, State of California:
see Exhibit "A" attached hereto and incorporated herein by this reference
which has the address of 354 Carmel Creeper, Encinitas, California 92024 herein "Property
Address");
TOGETHER with all the improvements now and hereafter erected on the Property,
and all easements, rights, appurtenances and rents (subject, however, to the rights and authorities
given herein to CITY to collect and apply such rents), all of which shall be deemed to be and remain
6136
part o'f the property covered by this Deed of Trust; and all of the forego'm-g, 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 CITY the repayment of the indebtedness evidenced by Borrower's
Promissory Note dated February 10, 2000, and Note Rider, and extensions and renewals thereof
(herein collectively referred to as the "Note"), in the principal sum of Thirty-Six Thousand Seven
Hundred Thirteen U.S. Dollars ($36,713) with interest thereon, fully deferred with the total
indebtedness, if not sooner paid, due and payable upon default by Borrower, a Prohibited Transfer as
defined in the Deed of Trust. This Note will be forgiven on the date which is fifty-five (55) years
after the recordation date hereof, if Borrower has not defaulted or made a Prohibited Transfer of the
Property, or any portion thereof; CITY has received the paymem of all other sums, with interest
thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and CITY has
received the full performance of the covenants and agreements of Borrower herein contained.
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 Property 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.
UNIFORM COVENANTS
Borrower and CITY covenant and agrees as follows:
1. PayInent of Principal and Interest. Borrower shall promptly pay when due
the principal and interest indebtedness evidenced by the Note.
2. pa_vment of Taxes and lnsuranc{:. To protect the security of the Deed of
Trust, Trustor agrees to pay, at least ten (10) days before delinquency, all taxes and assessments
affecting said property, including assessments on appurtenant water stock; when due, all
encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to
be prior or superior hereto; and all costs, fees and expenses of this Trust.
Should Trustor fail to make any paymem or to do any act as herein provided,
then Beneficiary or Trustee, without obligation to do so and without notice to or demand upon
Trustor and without releasing Tmstor from any obligation hereof, may make or do the same in such
manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary 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 Beneficiary 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 reasonable fees.
3. Application of Pa_vm¢il(~. Unless applicable law provides otherwise, all
payments received by CITY under the Note shall be applied by CITY first in payment of amounts
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6137
advan'ced by CITY to CITY by Borrower, then to interest payable on the Note, and then to the
principal of the Note.
4. Prior Mortgages and Deeds of Trust: Charges. Lien~. 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 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, if any.
5. Hazard Insuran~. Borrower shall keep the improvement(s) now existing or
hereinafter erected on the Property insured against loss by fire, hazards included within the terms
"extended coverage", and such other hazards as CITY may require and in such amounts and for such
periods as CITY may require.
The insurance carrier providing the insurance shall be chosen by Borrower
subject to approval by CITY, provided that such approval will not be unreasonably withheld. All
insurance policies and renewals thereof shall be in a form acceptable to CITY and shall include a
standard mortgage clause in favor of and in a form acceptable to CITY. 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 CITY. 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 CITY
within thirty (30) days from the date notice is mailed by CITY to Borrower that the insurance carrier
offers to settle a claim for insurance benefits, CITY is authorized to collect and apply the insurance
proceeds at 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 Propertx. 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. Borrower shall
perform all of Borrower's obligations under the declaration of covenants, conditions and restrictions
creating or governing the condominium, the bylaws and regulations of the condominium, and
constituent documents.
7. Protection of CITY Security_. If Borrower fails to perform the covenants and
agreements contained in this Deed of Trust, or if any action or proceeding is commenced which
materially affects CITY's interest in the Property, the CITY, at CITY's option, upon notice to
Borrower, may make such appearances, disburse such sums including reasonable attorneys' fees, and
take such action as is necessary to protect CITY's interest. If CITY's required mortgage insurance is
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 CITY's written agreement or applicable law.
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6138
Any amounts disbursed by CITY pursuant to this paragraph, with interest
thereon, at the Note rate, will become additional indebtedness of Borrower secured by this Deed of
Trust. Unless Borrower and CITY agree to other terms of payment, such amounts will be payable
upon notice from CITY to Borrower requesting payment thereof. Nothing contained in this
paragraph will require CITY to incur any expense or take any action hereunder.
8. Inspection. CITY may make or cause to be made reasonable entries upon and
inspections of the Property, provided that CITY will give the Borrower notice prior to any such
inspection, specifying reasonable cause therefor related to CITY's interest in the property.
9. Condemnatioq. The proceeds of any award of 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 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.
10. Borrower Not Released: Forbearance by 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 CITY 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. 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 CITY in
exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a
waiver of or preclude the exercise of any such right or remedy.
11. Successors and Ass'_lgns Bound, Joint and Several Liability..' Co-Signors.
The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the
respective successors and assigns of 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 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.
12.
another manner:
Notice. Except for any notice required under applicable law to be given in
Naney\GeneralWDFORM.doc Page 4 of 15
6139
(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, addressed to
Borrower at the Property address or such other address as Borrower may designate by
notice to CITY as provided herein; and,
(b) any notice to CITY will be given by certified mail, return receipt
requested, to CITY's address stated herein or to such other address as 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
CITY when given in the manner designated herein.
13. Governing Law, Severabilit~. 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.
14. 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.
15. Notice to CITY_. Borrower agrees that it will give the CITY notice of any
prospective transfer, sale, conveyance, rental or subletting not less than forty five (45) days before the
proposed sale, transfer, conveyance, rental or subletting by personal delivery of a notice at the
address set forth for the CITY on Page 1 of this Deed of Trust. Time is of the essence.
16. Lease of Property ProMbit~x!. During the term of the affordability
restrictions as set forth in Paragraph 17(e) of this Deed of Trust, the Borrower shall not rent or sublet
the Property, or any part thereof, to any person and/or entity, unless the person is an income
"Eligible Household". As used herein, an income "Eligible Household" shall mean a household
whose eligible income does not exceed eighty percent (80%) of the Area Median Income for San
Diego, as determined from time to time by the U.S. Department of Housing & Urban Development.
Further, the rent charged to the Eligible Household shall not exceed thirty percent (30%) of eighty
percent (80%) of the Median Income, minus a utility allowance. For purposes of this restriction,
rents shall be based upon a household size of three (3). Leasing of the Property to a household that is
not an Eligible Household or at rents that exceed the restricted rental rates set forth herein shall be
deemed a prohibited transfer of the Property, within the meaning of Paragraph 18, and shall trigger
the right of the CITY to foreclose and/or exercise its First Right of Refusal.
17. Transfer, Conveyance of Property Restricted for Fifty Five (55) Year~.
The sale, transfer and/or conveyance of the Property is restricted as follows:
N~yXC~=r~WDFOm.ao~ Page 5 of 15
If Borrower sells, transfers or conveys the Property less an fifty five (55)
years after the date of recordation of this Deed of Trust, then said sale, conveyance and/or transfer
shall be subject to the following:
(a) The Property may only be sold, transferred or conveyed to a
subsequent purchaser whose income is less than eighty percent (80%) of the median
income as defined by HUD from time to time for the San Diego metropolitan area, as
adjusted for family size and as verified and approved by CITY.
(b) Except as provided in Paragraph 17(d) hereof, the Property must be
used only as the principal residence of the subsequem purchaser during the term of the
Declaration, i.e, fifty five (55) years from the recordation date hereof.
(c) The sale price to the subsequem purchaser must be at a price that is
"affordable to the subsequem purchaser(s)". "Affordable to the subsequent
purchaser(s)" is achieved if the monthly paymems for principal, interest, property
taxes, insurance and a utility allowance determined by CITY do not exceed thirty
percem (30%) of the gross income of a family with an income that is eighty percent
(80%) of the median income for the area, adjusted for a family size of three.
(d) In the evem that a Transferor is unable to fmd, despite diligent efforts to
do so, an Eligible Person or Family to purchase a Housing Unit, the Transferor may
sell the Housing Unit to a person other than an Eligible Person or Family by first
offering to sell the Housing Unit to the CITY for a purchase price equal to highest
purchase price at which an Eligible Person or Family could qualify to purchase the
Housing Unit at an Affordable Housing Cost. The CITY shall accept or reject the
offer to sell the Housing Unit to the CITY within thirty (30) days of the date of receipt
of the offer to sell. In the event that the CITY declines to purchase the Housing Unit,
the Transferor may proceed to market and sell the Housing Unit to any purchaser
without regard to the resale conditions set forth in this Agreement; provided that upon
or prior to the close of escrow the Transferor shall pay to the CITY the greater of: 1)
the amount of the Second Deed of Trust, or 2) "Equity Sharing Amount", hereinafter
defined.
The "Equity Sharing Amount" means an amount equal to the appreciation in
the value of the Property determined by the difference between the Sales Price
and the Affordable Housing Price (as defined below).
The "Affordable Housing Price" is the purchase price that could be paid by an
Eligible Person or Family at an Affordable Housing Cost.
The "Sales Price" is the price to be paid by the buyer of the Property (the
"Buyer") to the Transferor for Transferor's interest in the Property, exclusive
of escrow fees, title insurance costs, broker's commissions, loan fees or any
other closing or transaction costs.
Nan~yXC~n~,aXTDFORM.do¢ Page 6 of 15
Upon a showing of hardship by the Transferor to the CITY in writing, the CITY may waive
any one or combination of the following: the resale restrictions, the Transferor's obligation to sell to
the CITY, the Transferor's obligation to pay the CITY the Equity Sharing Amount and/or the
Transferor's obligation to pay the CITY the amount of the Second Deed of Trust.
(e) The affordability requirement shall remain in effect for a total of fifty-
five (55) years, measured from the date of recordation of this Deed of Trust. This
requirement shall remain in full force and effect against all subsequent purchasers
during the restricted term. This restriction shall also apply to sales of the Property
from the subsequent purchaser to other purchaser(s) during the restricted term.
(f) If the Borrower fails, refuses or is unable to convey, sell, rent or
transfer the Property to a person or persons meeting the requirements of paragraphs
16, 17a through 17e, inclusive, before the end of the affordability term as defined in
paragraph 17e, then such transfer shall be deemed a Prohibited Transfer as defined in
Paragraph 18 hereof.
of the Borrower.
These provisions of paragraph 17 shall bind the heirs, successors and assigns
18. Prohibited Transfer. If Borrower sells, agrees to sell, conveys, rents and/or
transfers the Property in violation of the terms of Paragraphs 16 and 17 hereof, then CITY may, at its
option, in addition to any and all other remedies available to it, require immediate payment in full of
all sums secured by the Second Deed of Trust. In the instance of a prohibited transfer, the Transferor
shall pay to the CITY the greater of: 1) the amount of the Second Deed of Trust, including any
interest, as described in the Note, or 2) "Equity Sharing Amount", as defined above.
As an alternative, CITY may, at its option, purchase the Property for a
purchase price equal to the highest purchase price at which an Eligible Person or Family could qualify
to purchase the Housing Unit at an Affordable Housing Cost. However, these options shall not be
exercised by CITY if such exercise is prohibited by federal law as of the date of the Deed of Trust or
if the CITY has executed a separate written waiver of these options.
If CITY exercises any of these options, CITY shall give Borrower Notice of
Acceleration or, in the alternative, Notice of Exercise of First Right of Refusal Option. The notice
shall provide a period of not less than thirty (30) days from the date that the notice is delivered or
mailed within which Borrower must pay all sums secured by the Deed of Trust or must enter into an
escrow to convey the Property to CITY, depending upon the option exercised by CITY. If Borrower
fails to pay these sums or enter into an escrow prior to the expiration of this period, CITY may
invoke any remedies permitted by the Deed of Trust without further notice or demand on Borrower.
The escrow contemplated by this Paragraph 18 must close not more than ninety (90) days after CITY
receives notice of such sale, agreement to sell, conveyance, rental or transfer of the Property in
violation hereof.
Nancy\General\TDFORM.doc Page 7 of 15
614
NON-UNIFORM COVENANTS
Borrower and CITY further covenant and agree as follows:
19. Acceleration, Remedies. Upon Borrower's breach of any covenant or
agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums
secured by this Deed of Trust, and those contained in paragraphs 16, 17 and 18 hereof, CITY, prior
to acceleration, shall give notice to Borrower as provided in paragraph 12 hereof specifying:
(a) the breach;
(b) the action required to cure such breach;
(c) a date, not less than ten (10) days from the date the notice is mailed to
Borrower, by which such breach must be cured; and,
(d) 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, CITY, at 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. CITY shall be entitled to collect all reasonable
costs and expenses incurred in pursuing the remedies provided in this paragraph 19, including, but
not limited to, reasonable attorneys' fees.
If CITY invokes power of sale, CITY shall execute or cause Trustee to execute
a written notice of the occurrence of an event of default and of 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. 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 law. After the lapse of such time as may be required by applicable law, Trustee, without demand
on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and
under the terms designated in the notice of sale in one or more parcels and in such order as Trustee
may determine. Trustee may postpone sale of all or any parcel of the Property by public
announcement at the time and place of any previously scheduled sale. CITY or CITY's designee may
purchase the Property at any 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 prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds
of the sale in the following order:
Nancy\GeneralXTDFORM.doc Page 8 of 15
6143
(1)
to all reasonable costs and expenses of the sale, including, but not
limited to, reasonable Tmstee's and attorneys' fees and costs of title
evidence;
(2) to all sums secured by this Deed of Trust; and,
(3) the excess, if any, to the person or persons legally entitled thereto.
20. ]Borrower's Right to Reinstate. Notwithstanding 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 CITY to enforce this Deed of Trust discominued at any time prior to five
(5) days before the 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 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 this Deed of Trust;
(c) Borrower pays all reasonable expenses incurred by CITY and Trustee
in enforcing the covenants and agreements of Borrower continued in this Deed of
Trust and in enforcing Trustee's remedies as provided in paragraph 19 hereof,
including, but not limited to, reasonable attorneys' fees; and,
(d) Borrower takes such action as CITY may reasonably require to assure
that the lien of this Deed of Trust, 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.
21. Assi_mnnent of Rents: Appointment of Receiver; CITY in Poss~ssioq. As
additional security hereunder, Borrower hereby assigns to CITY the rents of the Property,provided
that Borrower shall, prior to acceleration under paragraph 19 hereof or abandonment of the Property,
have the right to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 19 hereof or abandonment of the Property,
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 CITY or the receiver shall be applied first to payment of the cost of
management of the Property and collection or rents, including, but not limited to, receiver's fees,
premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this
Deed of Trust. CITY and the receiver shall be liable to account only for those rents actually
received.
Nancy\General\TDFORM.doc Page 9 of 15
22. ~;llllx.e,J/a~. Upon paymem of ail sums secured by this Deed of Trust,
CITY shail request Trustee to reconvey the Property and will surrender this Deed of Trust and ail
Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shail reconvey the
Property without warranty and without charge to the person or persons legally entitled thereto. Such
person or persons shail pay ail costs of recordation, if any.
23. Substitute Truste~. CITY, at CITY's option, may from time to time appoint a
successor trustee to any Trustee appointment hereunder by an instrument executed and acknowledged
by CITY and recorded in the office of the Recorder of the county where the Property is located. The
instrument shail contain the name of the original lender, Trustee and Borrower, the book and page
where this instrument is recorded, and the name and address of the successor trustee. The successor
trustee shall, without conveyance of the Property, succeed to ail 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 ail other provisions for substitution.
24. Request for Notices. Borrower requests that copies of the notice of saie be
sent to Borrower's address which is the Property Address.
25. Statement of Obligation!. CITY may charge a fee not to exceed Sixty Dollars
($60.00) for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of
Caiifomia.
26. Deed of Trust Rider. The Deed of Trust Rider executed by Borrower is
attached hereto and made part of this Deed of Trust.
27. Covenants, Conditions and Restrictions. The Property is subject to
Covenants, Conditions and Restrictions [Affordability Restrictions] ("Restrictions") between CITY
and Borrower, which are not attached hereto but are incorporated by reference. Borrower
acknowledges receipt of said Restrictions and agrees, for himself, his heirs, successors and assigns to
be bound by the same.
28. Warranties of Borrower. Borrower warrants to CITY as follows:
(a) That Borrower's household annual gross income does not exceed eighty
percent (80%) of the median income for the San Diego metropolitan area, as adjusted
for family size, as said median income is determined by HUD, on the latter of:
(1) the date of initiai occupancy of the Property; or,
(2) the date of the recordation of this Deed of Trust.
(b) Except as provided in Paragraph 16 of this Deed of Trust, for so long
as Borrower owns the Property, Borrower will reside in the Property as Borrower's
principal place of residence and will not to sublet, lease or rent out the Property during
the term of this Deed of Trust.
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6145
29. Foreclosure by Holder of Senior Deed of Trust. This Deed of Trust is
subordinate to any deed of trust or mortgage on the Property made by or held by an institutional
lender or investor. Any party, and its successors and assigns, receiving title to the Property through
a trustee's sale, a judicial foreclosure sale or deed in lieu of foreclosure of such deed of trust or
mortgage, and any conveyance or transfer thereafter, shall receive title free and clear of the
provisions of this Deed of Trust and any and all affordability restrictions.
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
CITY will request that copies of notices of foreclosure from the holder of any lien
which has priority over this Deed of Trust be sent to CITY's address, as set forth on page 1 of this
Deed of Trust, as provided by Section 2924b of the Civil Code of California.
Date:
IN WITNESS ~~
WHEREOF, Borrower has executed this Deed of~rust.
Dawn~/~Iichelle Wo~druff,'~orrower -
Nancy\General\TDFORM.doc Page 11 of 15
6146
DEED OF TRUST RIDER
THIS DEED OF TRUST RIDER (herein "Rider") is attached to and made a part of
the Deed of Trust dated February 10, 2000 made between the CITY OF ENCINITAS, a municipal
corporation (herein "CITY") and executed by Dawn Michelle Woodruff as Borrower.
Borrower agrees to the provisions of this Deed of Trust Rider in addition to those of
the Deed of Trust. THE LANGUAGE OF THIS RIDER PREVAILS OVER THE DEED OF
TRUST IN THE EVENT OF A CONFLICT.
1. Borrower agrees that the Property being purchased is affordable as thereafter
described in the CITY's Affordable Housing Compliance Plan ("the Plan") dated August 14, 1996,
and that the continued use of the Property must be in accordance with the Plan and the Declaration of
Covenants, Conditions and Restrictions dated February 10, 2000, and that no transfer of the Property
will be permitted and no successor-in-interest to the Borrower(s) will be permitted to assume the loan
of Borrower(s) evidenced by the Note secured by this Deed of Trust Rider, unless the written consent
of CITY to the transfer has been first obtained. No such consem will be given by CITY except in the
following limited circumstances:
(a) the transfer results from the death of a Borrower and the transfer is to
the surviving spouse of the Borrower and the surviving spouse is also a Borrower;
(b) a transfer by a Borrower to his or her spouse when the spouse becomes,
by such a transfer, 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;
a transfer by a Borrower to an inter vivos trust in which the Borrower
is the sole beneficiary; and/or,
a transfer or rental in accordance with the ownership restrictions contained in
paragraphs 16, 17 and 18 of the Deed of Trust.
[remainder of page intentionally left blank]
Nancy\Gcneral\TDFORM.doc Page 12 of 15
6147
2. This Deed of Trust is subordinate to any deed of trust or mortgage on the
Property made by or held by an institutional lender or investor. Any party, and its successors and
assigns, receiving title to the Property through a tmstee's sale, a judicial foreclosure sale or deed in
lieu of foreclosure of such prior deed of trust or mortgage, and any conveyance or transfer thereafter,
shall receive title free and clear of the provisions of this Deed of Trust and any and all affordability
restrictions.
NOTICE TO BORROWER:
Do not sign this Deed of Trust Rider if it contains blank spaces. All spaces should be
completed before you sign. ~~/,djy~ /~,////~//~//~//~Date: e,~-[~-~0~)~) '-
Dax~ Miche'lle ~oodrt~ff,'§~r~ower ~/ /
Nancy\GeneralWDFORM.doc Page 13 of 15
ACKNOWLEDGMEN'[
614
State of California
County of San Diego
On FEB. 15 ,2000, before me, PATRICIA MARTIN personally appeared,
DAWN MICHELLE WOODRUFF _ personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s)~are subscribed to the within
instrument "DEED OF TRUST" and "DEED OF TRUST RIDER" and acknowledged to me that
he~lig~ey executed the same in hi~eir authorized capacity(ies), and that by his/a~eir
signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted,
executed the instrument.
PATRIClA MARTIN
COMM. # 1149846
'~I~'~"OTARY PUBLIC-CAUFORNIA
(Seal)
Nancy\General\TDFORM.doc Page 14 of 15
REQUEST FOR RECONVEYANCE
TO TRUSTEE:
The undersigned is the holder of the note or notes secured by this 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 directed to cancel said note or notes and this Deed of Trust, which are delivered
hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to
the person or persons legally entitled thereto.
Dated: By:
Nancy\GeneralWDFORM.doc Page 15 of 15
EXmBIT "A"
'A C014DOMINIUM COMPRISED OFi:
PARCEL A:
6150
AN UNDIVIDED 1/21TH FEE SIMPLE INTEREST AS A TENANT IN COMMON IN AND TO THE
PORTION OF THE COMMON AREA OF MODULE G OF LOT 5 OF' CITY OF ENCINITAS TRACT NO.
96-170, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP T~EREOF NO. 13481, FILED IN THE OFFICE OF THE COUNT"f RECORDER
OF SAN DIEGO COUNTY, OCTOBER 9, 1997, AS SHOWN ON THE CONDOMINIUM PLAN FOR
SAXONY, PHASE 6, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COU1TI~I ON MARCH 2, 1998 AS FILE NO. 1998-0109284, OFFICIAL RECORDS ("CONDOMINIUM
PLAN") " '
PARCEL B:
RESIDENTIAL UNIT NO. 4 AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN.
RESERVING THEREFROM NON-EXCLUSIV~ EASEMENTS FOR MAINTENANCE, ENCROACHMENT,
SD-PPORT, REPAIR, DRAINAGE AND ALL OTHER PURPOSES AS DESCRIBED IN THE
.DECLARATION.
PARCEL C:
A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR INGRESS AND EGRESS,
USE AND ENJOY~NT, OVER, IN, TO, AND THROUGHOUT THE ASSOCIATION PROPERTY SHOWN
ON THE CONDOMINIUM PLAN REFERRW. D TO IN PARCEL "A" ABOVE AND O%rER, IN, TO AND
THROUGHOUT, OTHER PHASES OF THE PROPERTY DESCRIBED IN THE DECARATION WHICH
EASEMENT IS APPURTENANT TO THE RESIDENTIAL I/NIT DESCRIBED ABOVE. THIS EASEMENT
SHALL BECOME EFFECTIVE AS TO EACH OF SAID PHASES, RESPECTIVELY, UPON (1)
RECORDATION OF A DECLARATION OF ANNEXATION, DECLARING SUCH PHASES, RESPECTIVELY,
TO BE SUBJECT TO THE DECLARATION, AND (II) CONVEYANCE OF THE FIRST CONDOMINIUM
IN EACH RESPECTIVE PHASE, ALL AS MORE FULLY SET FORTH IN THE DECLARATION. THE
ASSOCIATION PROPERTY REFERRED TO HEREIN AS TO EACH OF SUCH PHASES SHALL BE AS
SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN COVERING EACH SUCH PHASE RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, EXCEPTING
THEREFROM THE COMMON AREA AND RESIDENTIAL UNITS THEREON.
PARCEL D:
AN'EXCLUSIVE EASEMENT OVER THE PORTION OF THE ASSOCIATION PROPERTY (AS DEFINED
IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SAXONY AT
ENCINITAS RANCH RECORDED IN THE OFFICE RECORDS OF THE COUNTY RECORDER OF SAN
DIEGO COU1TI"f, CALIFORNIA ON DECEMBER 2, 1997 AS INSTRUMENT NO. 1997-0608422, AND
ANY AMENDMENTS THERETO) DESIGNATED IN THE CONDOMINIUM PLAN OR IN ANOTHER
CONDOMINIUM PLAN FOR ANOTHER PHASE OF THE SAXONY AT ENCINITAS RANCH PROJECT AS
AN EXCLUSIVE USE PARKING SPACE APPURTENANT TO THE RESIDENTIAL UNIT DESCRIBED IN
PARCEL "B" ABOVE.