1984-382937WMrMFp REQUEST OF nRST AMERRCIN TITLE M. 798
MIEN, RECORDED MAIL TO:
Iucky Stores, Inc.
OFF iCfAl.
6565 Knott Avenue OfSkNu`t�G�Lnp,t4Y,C,.
Buena Park, California 90620
Attn: Richard L. Frandsen 00' OCT -9 PM 3: 47
��saa2. - AMENDMENT NO. 1 TO DECLARATION OF JV� t�'Y' "• C
RESTRICTIONS, AND GRANT OF EASEMENT
COUPti
THIS AMENDMENT NO. 1 TO DECLARATION OF RESTRICTIONS AND
GRANT OF EASEMENTS is made as of the (0& day of
}
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 : e4G
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.
NOW, THEREFORE, the Declaration is hereby amended as
follows:
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.
-1- 8/3/84
e
»u u 795
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,
a California limited partnership
By QUONG - WATKINS PROPERTIES,
a California general partnership
By
By
"Plaza"
I
(To Be Notariallv Acknnw1aao. -A.% __--- __ -_ - -- - -- r
u
STATE OF CALIFORNIA) ss.
OUN`I Y OF ORANGE )
I , before me, the ersigned, a Notary Public
in and fro�r said State, personally appeared A.{) L n Uo�tl o� H�
D c151�1RRE7T k%A77e; f known to me (o proved to me
on the basis of satisfactory evidence) to be Q )41 partner(s)
of QUONG- WATKINS PROPERTIES, a California Generldl Partnership, said
partnership being a ciejejeA / partner of DE LA PLAZA ENCINITAS,
a California Limited P tnership, the partnership that executed the
within instrument and, known to me (or proved to me on the basis of
- atisfactory evidence) to be the partnership that executed the within
nstnunent on behalf of the partnership therein named, and acknow=1 ged
Ito me that such partnership executed the s
WITNESS hand and offici seal. OFFICIAL SEAL
my c DIANA L WATSON
�''0 4' ; NOTARY PUBLIC - CALIFORNIA
tl ORANGE COUNTY
N/ My comm. expires OCT 1, 1986
j (0 lrJPrinted) (Official Seal)
_ _ _
-2-
0
CONSENT AND SUBORDINATION
'I PIONEER BANK, a California corporation (hereinafter
r referred to as the "Beneficiary "), is the beneficiary under a
Deed of Trust (hereinafter referred to as the "Deed of Trust ")
�i
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
a
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
e enior Vice President
By
"Beneficiary"
(Corporation)
STATE OF CALIFORNIA
COUNTY OF Orange SS.
On October 3, 1984
before me, Laura A. Nelson
in and for said State, a Notary Public
personally G. M. Baden
(known to me) (or proved to me on the basis of satisfactory evidence) to be the Senior V1Ce
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
instrument pursuant to its by-laws or a resolution of its board of J rm OFFICIAL SEAL
directors.' LAURA A. NELSON
WITLESS NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
Si ure d.� rP ORANGE COUNTY
MY COMMISSION EXPIRES Nov. 6, 1987 f
Form 3216 (CA 12.82)
l7A4 �ru fwofftrLlmtsrf�la�ll j
a
�R
'K " .'0 0 C 901
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 8 I T A
1
'2�TIAV
b
■
': `-
r-R-MM,
MINA MIX-
NN
AWN-
raw—
0
w
not,
It
r..avr,,vmm.vLu f 4%.vipsir mr,
. . . . . . . . . . . . . .
5 1 mm === ML- r-.ALMEMrs 0
mm
0
►AMI%V-k�'M
Ing
IONIC& q
at
J