2012-169897 DOC 201 2-01 69897
PLEASE COMPLETE THIS INFORMATION. P i 11111111111111111 11111 11111 11111 11111 11111 1111111111 IN IN
RECORDING REQUESTED BY �pP MAR 23, 2012 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J Dronenburg,Jr.,COUNTY RECORDER
AND WHEN RECORDED MAIL TO- N FEES 0.00 WAYS 2
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PAGES: 6
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THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
9/95
Rec.Form#R25
I Recording Requested by
Fimt Americ;.,: Title
RECORDING REQUESTED B
AND WHEN RECORDED MAIL TO
City of Encinitas
Attn: Ron Barefield
Housing Administrator
505 S. Vulcan Avenue
Encinitas, CA 92024
Title Order No 6212404c
SPACE ABOVE THIS ON�TOR RECORDER'S USE
DEED OF TRUST AND ASSIGNMENT OF RENTS f
BY THE DEED OF TRUST, made this 20th day of March, 2012 between Joseph R. Elmer and Susan L. Elmer, Husband
and Wife as Joint Tenants herein called Trustor,whose address is.
444 N EL CAMINO REAL,SP 54 ENCINITAS CA 92024(State) (Zip)
(number and street) (City)y)
and Comprehensive Housing Services, Inc., a California Corporation, herein called Trustee, and THE CITY OF ENCNITAS herein
called Beneficiary,Trustor grants,transfer, and assigns to trustee, in trust,with power of sale,that property in San Diego County,
California, described as.
SEE ATTACHED `EXHIBIT A' LEGAL DESCRIPTION
APN No- 257-030-64-54 V j
Trustor also assigns to Beneficiary all rents, issues and profit of said realty reserving the right to collect and use the same except
during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the
same by any lawful means in the name of any party hereto
For purpose of securing /
(1)Payment of the indebtedness evidenced by one promissory note in the principal sum of$9,940.00
of even date herewith, payable to Beneficiary, and any extensions or renewals thereof- 92)the payment of any money that may be
advanced by the Beneficiary to Trustor,or his successors,with interest thereon,evidenced by additional notes(indicating they are so
secured)or by endorsement on the original note, executed by Trustor or his successor; (3)performance of each agreement of Trustor
incorporated by reference or contained herein
On October 25, 1973, identical fictitious Deeds of trust were recorded in the offices of the County Recorders of the Counties of the
State of California,the first page thereof appearing in the book and at the page of the records of the respective County Recorder as
follows.
COUNTY Book Page COUNTY Book Page COUNTY Book Page COUNTY Page Book
Alameda 3540 89 Kings 1018 394 Placer 1528 440 Siskiyou 697 407
Alpine 18 753 Lake 743 552 Plumas 227 443 Solano 1860 581
Amador 250 243 Lassen 271 367 Riverside 1973 139405 Sonoma 2810 975
Butte 1870 678 Los Angeles T8512 751 Sacramento 731025 59 Stanislaus 2587 332
Calaveras 368 92 Madera 1176 234 San Benito 386 94 Sutter 817 182
Colusa 409 347 Marin 2736 463 San Bernardino 8294 877 Tehama 630 522
Contra Costa 7077 178 Mariposa 143 717 San Francisco 8820 585 Trinity 161 393
Del Norte 174 526 Mendocino 942 242 San Joaquin 3813 6 Tulare 3137 567
El Dorado 1229 594 Merced 1940 361 San Luis Obispo 1750 491 Tuolumne 396 309
Fresno 6227 411 Modoc 225 668 San Mateo 6491 600 Ventura 4182 662
Glenn 565 290 Mono 160 215 Santa Barbara 2486 1244 Yolo 1081 335
Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 713 Yuba Fise No163
Imperial 1355 801 Napa 922 96 Santa Cruz 1195 293 San Diego 73-299568
Inyo 205 660 Nevada 09 303 Shasta
Kern 4809 2351 Orange 10961 398 Sierra 59 439
d the provisions contained in Section B, including
The provisions contained in Section A, including paragraph 1 through 5, an
paragraphs 1 through 9 of said fictitious Deeds of Trust are incorporated herein as fully as though set forth at length and in full herein
The undersigned Trustor requests that a copy of any notice of default and any notice of sale hereunder be mailed to Trustor at the
address here in above set forth, being the address designated for the purpose of receivi g such notice
SIGNATUM JOSE-PH R.ELMER SIGNATURE: SUSAN L.�FLME�R ��
1938
MUST ATTACH NOTARY ACKNOWLEDGMENT
DO NOT RECORD-Provisions incorporated from Recorded Fictitious Deed of Trust
A. TO PROTECT THE SECURITY HEREOF,TRUSTOR AGREES.
(1) To keep said property in good condition and repair,preserve thereon the buildings,complete construction begun,restore damage or destruction,and pay the cost thereof;to
commit or permit no waste,no violation of laws or covenants or conditions relating to use,alterations or improvements;to cultivate,irrigate,fertilize,fumigate,prune,and do all
other acts which the character and use of said property and the estate or interest in said property secured by this Deed of Trust may require to preserve this security
(2) To provide,maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary The amount collected under any fire or other insurance policy
may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determined,or Beneficiary may release all or any part thereof to Trustor
Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs and expenses,
including cost of evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear
at least ten days before delinquency all taxes and assessments affecting said property,including assessments on appurtenant water stock;when due,all incumbrance,
(4) To pay
charges and liens,with interest,on said property or any part thereof,which appear to be prior or superior hereto;all costs,fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided,then Beneficiary or Trustee,but without obligation so to may deem necessary to p and without notice p
rotect the security to or demand upon
Trustor and without releasing Trustor from any obligation hereof,may; make or do the same in such manner and to such extent r either may
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 incumbrance,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.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from date of expenditure at seven percent per annum,and to pay for any
statement provided for any law regarding the obligations secured hereby in the amount demanded by Beneficiary,not exceeding the maximum amount permitted by law at the time
of the request thereof.
B. IT IS MUTUALLY AGREED THAT y apply
(1) Any award of damages in connection with any condemnation for public use of or injury of said property or any part thereof is hereby assigned to Beneficiary,who ma a I or
release such moneys received by him in the same manner and with the same effect as provided for disposition of proceeds of fire or other insurance.
(2) By accepting payment of any sum secured hereby after its due date,Beneficiary does not waive his right either to require payment when due of all other sums so secured or to
declare default for failure so to pay
(3) At any time or from time to time,without liability therefore and without notice,upon written request of Beneficiary and presentation of this Deed and said note for endorsement,
and without affecting the personal liability of any person for payment of the indebtedness secured hereby,Trustee may reconvey and part of said property;consent to the making of
any map thereof;join in granting any easement thereon;or join in any agreement extending or subordinating the lien or change hereof.
(4) Upon written request of Beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and said note to Trustee for cancellation and retention
and upon payment of its fees,Trustee shall reconvey without warranty, the property then held hereunder The recitals in such reconveyance of any matters or facts shall be
conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as"the person or persons legally entitled thereto."
(5) Upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,Beneficiary may declare all sums secured hereby
immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause said property to
be
sold,which notice Trustee shall cause to be duly filed for record. Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured
hereby
Trustee shall give notice of sale as then required by law,and without demand on Trustor,at least three months having elapsed after recordation of such notice of default,shall sell
said property at the time and place of sale 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 said property by public announcement at such time and place of sale,and from time to time thereafter may postpone such sale by
public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold,but without any covenant or
warranty,expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,including Trustor,Trustee,or
Beneficiary as hereinafter defined,may purchase at such sale.
After deducting all costs,fees and expenses of Trustee and of this Trust,including cost of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to
payment of: all sums expended under the terms hereof,not then repaid,with accrued interest at seven percent per annum;all other sums then secured hereby;and the remainder,if
any,to the person or persons legally entitled thereto.
(6) This Deed applies to,inures to the benefit of,and binds all parties hereto,their legal representative and successors interest. The term Beneficiary shall include any future
owner and holder,including pledges,of the note secured hereby In this Deed,whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the
singular number includes the plural.
(7) Trustee accepts this Trust when this Deed,duly executed and acknowledged,is made a public record as provided by law Trustee is not obligated to notify any party hereto of
pending sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a party unless brought by Trustee.
(S) The Trusts created hereby are irrevocable by Trustor
(9) Beneficiary may substitute a successor Trustee from time to time by recording in the Office n the Recorder of Recorders rd the reference,where the property is located an
instrument stating the election b the Beneficiary to make such substitution,which instrument shall identify the Deed of Trust by recording reference,and by the name of the original
Trustor,Trustee and Beneficiary,and shall set forth the name and address of the new Trustee,and which instrument shall be signed by the Beneficiary and duly acknowledged.
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid
To. Comprehensive Housing Services Inc,Trustee Date
The undersigned is the legal owner and holder of all indebtedness secured by this Deed of trust. All sums secured by said Deed of Trust have
been paid,and you are requested,on payment to you of any sums owing to you under the terms of said Deed of Trust,to cancel all evidences of
indebtedness,secured by said Deed of Trust,delivered to you herewith and to reconvey,without warranty,to the parties designated by the terms
of said Deed of Trust,the estate now held by you under the same
Mail Reconveyance to-
Joseph R Elmer and Susan L. Elmer
444 N. El Camino Real#54
Encinitas CA 92024 BY.
BY.
Do not destroy this Deed of Trust OR THE NOTE,which it secures.
Both must be delivered to the Trustee for cancellation before reconveyacne will be made.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
/
On March 20, 2012 before me,
Gaye Bloomingdale , a Notary Public, personally appeared Joseph
R Elmer and Susan L. Elmer, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same
in their authorized capacity, and that by their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
#G'RY LE 8L1MINGDALWITNESS my hand and official seal. ,,, 1�mmJUN2012
Signature
S' nature of Notary Public
(This area for official notaries seal)
Title of Document Deed of Trust
Date of Document March 20 2012 No. of Pages 4
ALTA RESIDENTIAL LIMITED C"'/ERAGE Order No: `?12404c
JUNIOR LOAN POLICY (10/19/t,.) Reference ...,: 19,40
EXPRESS TITLE POLICY Title Officer: Mark Hudiburg
EXHIBIT "A"
Real property in the City of ENCINITAS, County of San Diego, State of California, described as
follows:
PARCEL 1:
AN UNDIVIDED 1/155TH FRACTIONAL FEE INTEREST IN AND TO A PORTION OF THE SOUTH HALF OF
SECTION 11,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, LYING WESTERLY
OF ROAD SURVEY NO. 1800-1, AS SHOWN ON CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON JUNE 4, 1984 AS FILE NO. 84-
207577
EXCEPTING THEREFROM THE FOLLOWING:
(A) ALL UNITS AS SHOWN UPON THE PARK ENCINITAS, CONDOMINIUM PLAN RECORDED IN THE
OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 6, 1984, AS FILE/PAGE NO. 84-211492.
(B)THE EXCLUSIVE RIGHT TO POSSESSION OF THOSE AREAS DESIGNATED AS EXCLUSIVE USE AREAS
AS FOLLOWS:
THE LOWER LIMIT IS THE EXISTING SURFACE BELOW EACH LIVING UNIT; THE UPPER LIMIT IS THE
LOWER LIMIT ELEVATION AND EACH UNIT AS SHOWN ON SAID CONDOMINIUM PLAN. THE LATERAL
LIMITS ARE VERTICAL PLANES AT THE LIMITS OF THE HORIZONTAL DIMENSIONS OF EACH LIVING
UNIT, AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE.
PARCEL 2:
UNIT NO. 54 AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE.
PARCEL 3:
THE EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF PROPERTY
DESCRIBED IN PARCEL 1 ABOVE, DESIGNATED AS EXCLUSIVE USE AREAS AS FOLLOWS:
THE LOWER LIMIT IS THE EXISTING SURFACE BELOW EACH LIVING UNIT; THE UPPER LIMIT IS THE
LOWER LIMIT ELEVATION AND EACH UNIT AS SHOWN ON SAID CONDOMINIUM PLAN. THE LATERAL
LIMITS ARE VERTICAL PLANES AT THE LIMITS OF THE HORIZONTAL DIMENSIONS OF EACH LIVING
UNIT, AS SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE.
APN #: 257-030-64-54
Page 3
1,941
TRUE COPY CERTIFICATION
(Govemment Code 27361.7)
San Diego
Place of Execution
certify under penalty of perjury that this material is a true copy of the original
material contained in this document.
COX 6 I
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Date Si �eof ecla rant
v�(Az
Type or Print Name
kec.Form#R9.1(811.00)