2017-482033 " DOC# 2017-0482033
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Oct 17, 2017 04:11 PM
OFFICIAL RECORDS
FREE RECORDING REQUESTED Ernest d. Dronenburg, Jr,
PURSUANT TO GOV. CODE SECTION SAN DIEGO COUNTY RECORDER
27383 FEES. $0.00
PAGES 5
Recording Requested By:
City of Encinitas
Community Development
505 S. Vulcan Avenue
Encinitas, CA 92024
And When Recorded Mail To:
City of Encinitas
Planning and Building Development
505 S. Vulcan Avenue
Encinitas, CA 92024
FIRST AMENDMENT TO DEED OF TRUST
(This is a Second Deed of Trust)
THIS FIRST AMENDMENT TO DEED OF TRUST (hereinafter the
"AMENDMENT") is made this //N day of O&Ti9C✓ , 2017, among the Trustor, Michelle
D. Madden (herein "Borrower"), and FIDELITY NATIONAL TITLE COMPANY (herein
"Trustee"), and the Beneficiary, CITY OF ENCINITAS (herein "CITY"), whose address is 505
S. Vulcan Avenue, Encinitas, California 92024.
RECITALS
A. Borrower made, executed and delivered to Beneficiary a Promissory Note dated
August 31, 2005 (herein collectively referred to as the "Note"). The Note is secured by the
Deed of Trust which was recorded on August 31, 2005 as instrument number 2005-0754254
in the official records of the County of San Diego, State of California (hereinafter the " Original
Deed of Trust"), and which describes and encumbers that certain real property commonly
known as 533 Sweet Pea Place, located in said County and State, as follows:
See Exhibit A Attached Hereto
B. It is mutually desirable, beneficial, and agreeable to the parties hereto that the terms of
the Original Deed of Trust be modified as hereinafter set forth in this AMENDMENT.
NOW, THEREFORE, in consideration of the mutual benefits inuring to each other, it is
understood and agreed by and between parties hereto, that the terms and conditions of the
Deed of Trust are hereby modified as follows:
1. The AMENDMENT SECURES to CITY the repayment of the indebtedness evidenced
by Borrower's Promissory Note dated August 31, 2005, and Note Rider, and extensions and
renewals thereof (herein collectively referred to as the "Note"), in the principal sum of Thirty-
Eight Thousand Nine Hundred Seventy Eight U.S. Dollars ($38,978)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 Original Deed of Trust.
2. All terms, conditions, and covenants of the Original Deed of Trust and other Loan
Documents not otherwise modified hereby, are hereby ratified and confirmed, and this
AMENDMENT is made part of the Loan Documents and has the same force and effect as if
the terms and conditions hereof were originally incorporated in the Note, Deed of Trust, and
other Loan Documents, prior to the execution thereof.
NOTICE TO BORROWER: Do not sign this AMENDMENT if it contains blank spaces. All
spaces should be completed before you sign.
IN WIT/NES/S,WHEREOF, Borrower and ITY have executed this AMENDMENT.
Date: r "7 Borrower
Ichelle D. Madd
CITY
City of En ita a nicipal corporation
BY• Date:
K en P. Brust, C Manager �
(Notarization of signature must be attached)
APPROVED AS TO FORM:
Glenn abine, City Attorney Date
Madden Amended Deed(533 Sweet Pea Place) Page 2 of 5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of SAVE �tP1VJ ) n `�
On 7 l�— Ll — ZO I-7 before me, iA G1e(A ' 1 5t VY�C�h a��/ 1 tJ iD 11 C ,
Date Here Insert Name an Title of the 6fficer
personally appeared m c kE ale D. SAP Y-1
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the p n(s) whose name(s) is are
sub bed to the within instrument and acknowled to me that he/ he/fey executed the same in
hi her heir authorized capacity(ies), and that by hi er�heir signature(s)on the instrument the person(s),
or t entity upon behalf of which the person(s) acte 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.
v ANGELA A. SIMON WITNESS my hand and official seal.
zy COtw.121l2998
N ° "°Twon�`c —
40 wt°r'....,,..EQ.I&A2.W.t Signature
ignature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact Individual ❑Attorney in Fact
❑❑Trustee ❑ Guardian or Conservator Trustee [-j Guardian or Conservator
Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of iJ G✓� 17feAd ) n (� }`
On
IC- 11-20 -1 before me, PmcAe�a A S� mc)p , NOrary �>AL
Date Here Insert Name and Ti le of the Off er
personally appeared Y�/"k rP y) Gros 1
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the p n(s) whose name(s�re
sub�tbed to the within instrument and acknowle to me that h she/t ey executed the same in
his(hey/their authorized capacity(ies), and that by hi /her/ heir signature(s a instrument the person(s),
or t e entity upon behalf of which the person(s) acte executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
r�GEU A. SIpON is true and correct.
lan" WITNESS my hand and official seal.
Signature
gnature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General Partner — ❑ Limited C❑ General
Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
Other: Other:
Signer Is Representing: Signer Is Representing:
02016 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
EXHIBIT "A'' 618
A CONDOMINIUM COMPRISED OF: :
PARCEL A:
AN UNDIVIDED 1/21TH FEE SIMPLE INTEREST AS A TENANT IN COMMON IN AND TO THE PORTION
OF THE COMMON AREA OF MODULE F 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 THEREOF
NO. 13481, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 9,
1997, AS SHOWN ON THE CONDOMINIUM PLAN FOR SAXONY, PHASE 5, RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 2, - 1998 AS FILE NO. 1998-0109288,
OFFICIAL RECORDS ("CONDOMINIUM PLAN") .
PARCEL B:
RESIDENTIAL UNIT NO. 124 AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN.
RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS FOR MAINTENANCE, ENCROACHMENT, SUPPORT,
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 ENJOYMENT, OVER, IN, TO, AND THROUGHOUT THE ASSOCIATION PROPERTY SHOWN ON THE
CONDOMINIUM PLAN REFERRED TO IN PARCEL "A" A30VE AND OVER, IN, TO AND THROUGHOUT,
OTHER PHASES OF THE PROPERTY DESCRIBED IN THE DECARATION WHICH EASEMENT IS
APPURTENANT TO THE RESIDENTIAL UNIT 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 COMMCN 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 COUNTY, CALIFCRNIA
ON DECEMBER 2, 1997 AS INSTRUMENT NO- 1997-0608422, AND ANY AMENDMENTS THERETO)
DESIGNATED IN THE CONDOMINIUM PLAN OR IN ANOTHER CONDOMINIUM PLAN FOR ANCTHER PHASE
OF THE SAXONY AT ENCINITAS RANCH PROJECTAS AN EXCLUSIVE USE PARKING SPACE APPURTENANT
TO THE RESIDENTIAL UNIT DESCRIBED IN PARCEL "B" ABOVE.
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