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2000-50540410/09/00 23:05 FAX 760 7582370 1 U' THIS DEED OF TRUST, made Au lust 30, 2000 , between The City Of Encinitas, a Californi$ICorporation herein called TRUSTOR, whose address is 505 S. Vulcan Ave. Encinitas. CA 92024 �i it i Fidelity National Title Company, a California Corporation, herein called TRUSTEE, and Cardiff Elementry School Disirictl California Corporation i herein called BENEFICIARY, WITNESSETH: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property ilr1 San Diego County, California, described as: SEE EXHIBIT ONE ATTACHED HE: AND MADE A PART HEREOF ii i; f� i; is 1 i! i a• i ii TOGETHER WITH the rents, issUqls and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Bed�fciary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, iss+ and profits. For the Purpose of Securing: 1. I'Orformance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebte(c ness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principlaLse um of 8830,000.00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums ag then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another notel. (or notes) reciting it is so secured. i' INITIALS 1 FO -2218 (Rev. 9/94) SHORT FORM DEED OF TRUST age qo. 1 of 4- RECORDING REQUESTED BY: Fidelity National Title Company Escrow No. 302514 -7S Title Order No. 00237224 When Recorded Mail Documenl o: Cardiff Elementry School District; 1888 Montgomery Ave. I Cardiff By The Sea, CA 92007:' I' FIDELITY TITLE FNT ENCINITAS 0005 DOC # 200 1276 SEP 21 IP 2000 $ : 00 AM 2000- 0605404 OFFICIAL RE(�1RD5 SAN DIEM COUNTY RECORDER'S OF U GREGORY J. SHM, MUOTY RR R FEE: 0.00 MY: 2 SPA SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS R RECD 10/09/00 23:05 FAX 760 7582370 FIDELITY TIT which provisions, identical in all ' ounties, (printed on the attached unrecorded pages) are hereby adopted and incorporated herein and made a phlrt hereof as fully as though set forth herein at length; that Trustor will observe and perform said provisions; and that the references to property, obligations and parties in said provisions shall be construed to refer to the pro pertyj,jobligations, and parties set forth in this Deed of Trust, r The undersigned Trustor requevsjthat a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefor4 set forth. STATE OF CALlcnonnA COUNTY OF_ ON R-0GAV.- L personally known to me (or prov of satisfactory evidence) to be name(. isAwe subscribed to the acknowledged to me that he /s� same in hislhertteir authorized c by his /hs4t#e1r signaturet - on person, or the entity upon I person (s#- acted, executed the in Witness my hand and official seil;- i Etl S ignature clt -D`- The City Of etnt , a Itfornla corporation before me, By: rr appeared Ke y i r to me on the basis personA whose tin instrument and #ey executed the acity4as), and'that le instrument the lalf of which the PATRICIA, DREW Comm, # 1143497 o NOTARY PUBMCALIFORMA N !. .is M sAN01EC;aocouNTY p # y C=n- Exp- ,Irate 72, 2001 FO -2218 (Rev. 9)94) j I SHORT FORM DEED OF TRUST Page No. 2 of 4 V LI✓ FNT ENCINITAS 1,91006 ' 1277 A PN: 250 -430 - 121260 -430 - 13/2$$ -430 - 141260 -430 To Protect the Security of this Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonoma County. October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in title office of the county recorder of the county where said property is located, noted below opposite the name oft Ouch county, viz: COUNTY BOOK PAGE COUNTY;; BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 684 Kings 792 833 Placer BOB 301 Sierra 29 335 Alpina 1 250 Lake 352 39 Plumas 151 5 Sisklyou 468 181 Amador 104 348 Lassen ; 171 471 Riverside 3005 523 Solano 1105 182 Butte 1 145 1 Los Angeliel . T2055 899 Sacramento 4331 62 Sonoma 1851 689 calaveras 145 152 Madera 810 170 San Benito 271 383 Stenislaus 1715 486 Colusa 296 617 Marin 1506 339 San Bernardino 5567 61 Sutter 572 297 Contra Costa 3978 47 mariposa! 7 77 292 San Francisco A332 905 Tehame 401 289 Del Norte 78 414 Mendocinio; 579 630 San Joaquin 2470 311 Trinity 93 366 El Dorado 568 456 Merced 1547 538 San Luis Obispo 1151 12 Tulare 2294 275 Fresno .. 4626 572 Modoc 184 851 San Mateo 4076 420 Tuolumne 135 47 Glann 422 184 Mono 52 429 Santa Barbara 1678 860 Ventura 2062 3a6 Humboldt 657 527 Monterey; : 2194 538 Santa Clara 5336 341 Yolo 653 245 Imperial 1091 Sol Napa I : 639 Bs Santa Cruz 1431 494 Yuba 334 486 Inyo 147 598 Nevada 305 320 Shasta 684 526 Kern 3427 60 Orange 5889 611 San Diego Series 2 Book 1961, Page 183887 which provisions, identical in all ' ounties, (printed on the attached unrecorded pages) are hereby adopted and incorporated herein and made a phlrt hereof as fully as though set forth herein at length; that Trustor will observe and perform said provisions; and that the references to property, obligations and parties in said provisions shall be construed to refer to the pro pertyj,jobligations, and parties set forth in this Deed of Trust, r The undersigned Trustor requevsjthat a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefor4 set forth. STATE OF CALlcnonnA COUNTY OF_ ON R-0GAV.- L personally known to me (or prov of satisfactory evidence) to be name(. isAwe subscribed to the acknowledged to me that he /s� same in hislhertteir authorized c by his /hs4t#e1r signaturet - on person, or the entity upon I person (s#- acted, executed the in Witness my hand and official seil;- i Etl S ignature clt -D`- The City Of etnt , a Itfornla corporation before me, By: rr appeared Ke y i r to me on the basis personA whose tin instrument and #ey executed the acity4as), and'that le instrument the lalf of which the PATRICIA, DREW Comm, # 1143497 o NOTARY PUBMCALIFORMA N !. .is M sAN01EC;aocouNTY p # y C=n- Exp- ,Irate 72, 2001 FO -2218 (Rev. 9)94) j I SHORT FORM DEED OF TRUST Page No. 2 of 4 V 10/09/00 23:06 FAX 760 7582370 FIDELITY TITLE FNT ENCINITAS 17.]007 Escrow No. 302514 T5 Title Order No. 00237224 i� EXHIBIT ONE i Parcel 1: That portion of the North Half of thief Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4j West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to the Official Flat thereof, which lies East described as follows: Beginning at a point in the Southeil� line of said North Half, which is distant thereon South 89 °51'40" East 258.00 feet from the Southwest corner gfisaid North Half; thence parallel with the Westerly line of said North Half North 0 °17'25" East 169.00 feet: thenq� South 89 °51'40" East 12.56 feet; thence North 0 017'25" East 161 feet, more or less, to the North line of said Np�rth Half. Except the Easterly 264 feet of.saii 1 North Half of the Southeast Quarter of the Northeast Quarter of Section 23. Parcel 1 A: An easement and right of way for ikgress and egress for road purposes over the Southerly 12 feet of the Westerly 258 feet of the North Half of the Souflt,east Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 Wes>t,!San Bernardino Meridian, in the County of San Diego, State of Calfiornia, according to the Official Plat thereof. Parcel 2: The East 264.00 feet of the NorAlHaif of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 Souk � st, , Range 4 We San Bernardino Meridian, in the County of San Diego, State of California, according to the Officii3� Plat thereof. Parcel 3: That portion of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, more particularly described as follows: Commencing at the Northwest canner of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 23; thence along the West line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, South 0° 17' West, 327J,$1 feet to the True Point of Beginning; thence continuing along the West line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, a distance of 327.81 feet to the Southwest corner of said Northeast Quarter; 61 the Northeast Quarter of the Southwest Quarter -of said Section; thence North 89 °56'50" East along the Southi line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, 661.88 feet to the Southeast cokher of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter, being also a point in the West lfi d of Palomares Heights, Map No, 2114, filed in the Office of the County Recorder; thence North 0 021'21" East alo the West line of said Palomares Heights, 326.84 feet to an intersection with a line bearing South 89 °58' 10" East . m the True Point of Beginning; thence North 89 °58'10" West, 661.00 feet to the True Point of Beginning. + ' Parcel 4: That portion of the North Half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat th eof, described as follows: �i Beginning at a point on the Wet line of said North half of the Southeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 21j, distant thereon North 0° 17125" East, 169.0 feetfrom the Southwest corner of said North Half; thence South 89 °51:10" East parailel'with the Southerly line of said North Half, a distance of 270.56 feet; thence North 0 117'25" East pariallel with the West line of said North Half 161 feet, more or less, to the North line of said North Half; thence Westerl' i along said Northerly line 270.56 feet to the Northwest corner of said North Half; thence South 0117'25" West alphg the West line of said North Half 161 feet, more or less, to the Point of Beginning. I! Parcel 5: I I 10/09/00 23:06 FAX 760 7582370 FIDELITY TITLE . FNT ENCINITAS 008 12(9 A portion of a quadrilateral tract of land, said quadrilateral tract being the North half of the Southeast Quarter of the Northeast Quarter of the Southw4s' t Quarter of Section 23, Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Die o, State of California, according to the Official Plat ,thereof, said portion of said quadrilateral tract being described "Is follows: r: Beginning at the Southwesterly cgriner of said tract; thence along the Southerly line of said tract, South 89 °51'40" East 258 feet; thence parallel with;dhe Westerly line of said tract, North 0 017'25" East 169 feet; thence parallel with said Southerly line of said tract N«r ;h 69 151'40" West 258 feet to said Westerly line of said tract; thence along said Westerly line of said tract, South r0,° 17`25" West 169 feet to the Point of Beginning_