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1985-463819RE- REORDER, ORDER,. 520 $4 -893► RECORDED REQUEST OF FlRST M IIERI _85 -469 [�7HW.RECORDED MAIL TO: AR R= CORDED Il# `ij• +«Ll }3QED tIJ Luck Stores Inc. MG 7i � OE {'t%tF`L FEC0110 j FFiCl1(� R} _C()P., Y r i F SAU EREGC CGOt }1 i.11. �_ FOP SAN ;,'tE(e� CrUh{ { Y,C/,. 6565 Knott Avenue OF — ( Buena Park, California 90620 OC N,rf ���� �� _s �. Sg l984 OCT -9 Pt3 3 47 Attn: Richard L. Frandsen TXPD �3Sa2 2_ AMENDMENT N0. �*�OF�VFei�1!_..;_Y;[`. RESTRICTIONS AN NT COUt }TYF;[ U�;tICR DOCUMENTARY TRANSFER TAX'S.. —' UEC - 9 1985 THIS AMENDMENT NO. 1 TO DECLAARAjTION OF RESTRICTIONS AND n � GRANT OF EASEMENTS is made as of the day of C/' 1984, by DE LA PLAZA, ENCINITAS, a California limited partner- ! ship, hereinafter referred to as "Plaza." RF P R E L I M I N A R Y 144 A. Plaza is the owner of certain real property situate in the unincorporated area of Encinitas, County of San Diego, State of California, described in Exhibit A, attached hereto and incorporated herein by reference. Said real property described in Exhibit A is hereinafter referred to as the "Shopping Center." B. The Shopping Center constitutes all of that certain real property which is subject to that certain Declaration of Restrictions and Grant of Easements dated April 20, 1984 and recorded in the Official Records of San Diego County, California on June 29, 1984, as File No. 84- 247238 (hereinafter referred to as the "Declaration "). Plaza is the "Declarant" referred to in said Declaration. C. Plaza now desires to amend the Declaration to sub- stitute a new plot plan in the place of Exhibit B to the Declara- tion and to agree as to other matters hereinafter set forth. follows: NOW, THEREFORE, the Declaration is hereby amended as 1. The plot plan which is Exhibit B to the Declaration shall be held for naught and shall be of no further force and effect and there shall be substituted for said Exhibit B the plot plan which is Exhibit B -1, attached hereto and hereby incorpo- rated herein. Henceforth, all references to the Declaration to "Exhibit B" shall be deemed to be to Exhibit B -1 hereto. Note: This document is being rerecorded solely to correct the date hereof. -1- 8/3/84 THIS INSTRUMENT IS BEING RE- RECORDED TO CORRECT THE DATED DATE OF THIS INSTRUMENT. �.a v Ji Cn Z mj G) 0 O� C Z r C . rn. r a r Ifl 521 2. In all other respects, the Declaration is hereby ratified and affirmed and remains in full force and effect. 3. This Amendment No. 1 to Declaration of Restrictions and Grant of Easements shall be binding upon and inure to the benefit of Plaza and its successors, transferees and assigns. 4. Plaza represents and warrants that it is a limited partnership organized and existing under the laws of the State of California. The general partnership executing this Amendment on behalf of Plaza represents and warrants on behalf of itself and on behalf of Plaza that it is a general partner of Plaza fully authorized to execute this document and to bind Plaza with re- spect to all matters contained herein. IN WITNESS WHEREOF, Plaza has duly executed this Amend- ment No. 1 to Declaration of Restrictions and Grant of Easements as of the day and year first hereinabove set forth. DE LA PLAZA, ENCINITAS, 1 a California limited partnership fi By QUONG- WATKINS PROPERTIES, a California general partnership BY By "Plaza" (To Be Notariallv Ar-kn null ..a 3--1 ' -- - -- - TATE OF CALIFORNIA) ss. OUNTY OF ORANGE ) i I �^T !98l1 before me, the UlAersigned, a Notary Public in and for said State, personally appeared lgoL �J Uv��g ANd iA T f'i �t1S , knaan to me (oY� proved to me on the basis of satisfactory evidence) is Ge be: 9eNrtne rtner (s ) of QUONG WATKINS PROPERTIES, a California General Partnership, said partnership being a a e tj el E 4 % partner of DE LA PLAZA ENCINITAS, a California Limited P tnership, the partnership that executed the within instr unent and, known to me (or proved to me on the basis of satisfactory evidence) to be the partnership that execute the within instrument on behalf of the partnership therein named, to me that such partnership executed the sam 6511 OFFICIAL SEAL WITNESS my hand and offici seal. DIANA l WATSON NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires OCT 1, 1986 ®Nawmae 9 L Ir Printed) SDN (Official Seal) Name (Typed or 8/3/84-2 -2- t a t 41 I STATE OF CALIFORNIA )SS. - 522 COUNTY OF DOS ANGELES) On rk jU-'�77 , before me, the undersigned, a Notary Public in and fo said State, personally appeared Paul Quong and D. Barrett Watkins , known to me (or proved to me on the basis of satisfactory evidence) to be general partner(s) of QUONG - WATKINS PROPERTIES, a California General Partnership, said partnership being a general partner of DE LA PLAZA ENCINITAS, a California Limited Partnership, the partnership that executed the within instrument and; known to me (or proved to me on the basis of satisfactory evidence) to be the partnership that executed the within instrument on behalf of the partnership therein named, and acknowledged to me that such partnership executed the same. WI NESS Lmy h and :an d Zoff� cial seal . =HA SEAL IGHT NOLIFORNIA UNTY Sharon L. 'Wright My G 14, 1986 Name (Typed or Printed) 0 523 CONSENT AND SUBORDINATION PIONEER BANK, a California corporation (hereinafter referred to as the "Beneficiary "), is the beneficiary under a Deed of Trust (hereinafter referred to as the "Deed of Trust ") dated April 3, 1984 respecting the real property described in Exhibit A to the Amendment No. 1 to Declaration of Restrictions and Grant of Easements (hereinafter referred to as the "Amend- ment") to which this Consent and Subordination is attached. Said Deed of Trust was recorded in the Official Records of San Diego County on April 12, 1984, as File No. 84- 132844. The Beneficiary hereby consents to all the terms, cove- nants, conditions and restrictions of the Amendment and agrees that its interest in the real property described in Exhibit A to the Amendment arising pursuant to the Deed of Trust or otherwise is, and henceforth shall be, subject and subordinate to the terms and provisions of the Amendment. IN WITNESS WHEREOF, the undersigned has executed this Consent and Subordination as of the 3rd day of October 1984. PIONEER BANK a California cor a ion By M. B e , Senior Vice President By "Beneficiary" (Corporation) STATE OF CALIFORNIA ) } SS. COUNTY OF Orange ))) On October 3, 1984 before me, Laura A. Nelson a Notary Public in and for said State, personally appeared G. M. Baden 1 (known to me) (or proved to me on the basis of satisfactory evidence) to be the Senior Vice President, and _ (known to me) (or proved to me on the basis of satisfactory evidence) to be Secretary of the corporation that executed the within Instrument (known to me) (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within OFFICIAL SEAL instrument pursuant to its by-laws or a resolution of its board of LAURA A. NELSON directors. a� NOTARY PUBLIC- CALIFORNIA ' PRINCIPAL OFFICE IN WITLESS n nd of l e 4 ORANGE COUNTY Sig ure' MY COMMISSION EXPIRES NOV. 6, 1987 Form 3216 (CA 12.82) (ThIs am faoffida(nourWm1) 1 524 EXHIBIT A Parcels 1, 2, and 3 in the County of San Diego, State of California, according to Parcel Map No. 13468, filed in the Office of the County Recorder of San Diego County, September 10, 1984 as File No. 84- 343760 of Official Records. E X H I B I T A tA i wrv� O'o, (tyf"�V- tpvo, u I Lb, ri Cr , Vor - - u6 Aa WRIMM PA Gil? kku I-RM AIR pA PY'Lof'l SIGNS AA Alt Z N% U AA, S. F +1 sign Int. ; oe ream Q. 0— om m n- rQ --ool 1--LL 4-4 1 py I- o t,3 SulLbir 41-7 0 0 0 S. F. 0 go jE. .76-41M. 11-1 PROPERVY .[E!,AHH BIT B "Ji 528 SITE PL^ N CE LA PLAZA r ENCINITAS ���� ��4� �� %'► � �e,� �►,��;i .� ►. ♦ ��� !f�A' � ' A> �'��'� �G ►��;� �;►_�►. �,��� ;,, ♦ .► ��..... , •