2022-200529RECORDING REQUESTED BY:
3 First American Title - HSD
AND WHEN RECORDED
MAII, TO:
City of Encinitas
City Clerk's Office
505 S. Vulcan Ave
Encinitas, CA 92024
DOC# 2022-0200529
IIIIII IIIII IIIII lull IIII IIII I lull lull lull lull lull IIIII IIII IIII
May 09, 2022 04:49 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $65.00 (SB2 Atkins: $0.00)
Deed of Trust
(Please fill in documenttitle(s) on this line)
PAGES: 17
1 [Z] Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
Is subject to the imposition of documentary transfer tax, or,
2 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was
subject to documentary transfer tax which was paid on document recorded previously on
(date*) as document number of Official
Records, or,
3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the
transaction(s) recorded previously on (date*) as document number(s)
of Official Records, or,
5 ❑ Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to
an owner -occupier, or, document is recorded in connection with concurrent transfer that is a
residential dwelling to an owner -occupier, or,
6 ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real
property that is a residential dwelling to an owner -occupier. The recorded document transferring
the dwelling to the owner -occupier was recorded on (date*) as
document number(s)
7 ❑ Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in
accordance with the Uniform Federal Lien Registration Act, by the state, or any county,
municipalityor other political subdivision of the state, or,
8 ❑ Exempt from the fee per GC 27388.1(a) (1); Not related to real property, or,
9 ❑ Exempt from fee under GC27388.1 for the following reasons:
THIS PAG E AD DE D TO PROVIDE SENATE BILL2 EXEMPTION INFORMATION
(Additional recording fee applies)
Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review
RECORDING REQUESTED BY:
First American Title - HSD
AND WHEN RECORDED
MAIL TO:
City of Encinitas
City Clerk's Office
505 S. Vulcan Ave
Encinitas, CA 92024
Deed of Trust
(Please fill in documenttitle(s) on this line)
1 ® Exempt from fee per GC27388.1 due to being recorded in connection with concurrent transfer that
is subject to the imposition of documentary transfer tax, or,
2 ❑ Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was
subject to documentary transfer tax which was paid on document recorded previously on
(date*) as document number of Official
Records, or,
3 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this
transaction, or,
4 ❑ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the
transaction(s) recorded previously on (date*) as document number(s)
of Official Records, or,
5 ❑ Exempt from fee per GC27388.1, document transfers real property that is a residential dwelling to
an owner -occupier, or, document is recorded in connection with concurrent transfer that is a
residential dwelling to an owner -occupier, or,
6 ❑ Exempt from fee per GC27388.1 due to it being recorded in connection with a transfer of real
property that is a residential dwelling to an owner -occupier. The recorded document transferring
the dwelling to the owner -occupier was recorded on (date*) as
document number(s)
7 ❑ Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in
accordance with the Uniform Federal Lien Registration Act, by the state, or any county,
municipality or other political subdivision of the state, or,
8 ❑ Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or,
9 ❑ Exempt from fee under GC27388.1 for the following reasons:
THIS PAGE ADDEDTO PROVIDE SENATE BILL2 EXEMPTION INFORMATION
(Additional recording fee applies)
Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review
Recording Requested By:
First American Title Company
Homebuilder Services Division
NO FEE FOR RECORDING
PURSUANT TO GOV. CODE SECTION
27383
Recording Requested By:
City of Encinitas
Development Services Department
505 S. Vulcan Avenue
Encinitas, CA 92024
And When Recorded Mail To:
City of Encinitas
City Clerk's Office
505 S. Vulcan Avenue
Encinitas, CA 92024
APN: 760-165-45-00
ESG✓U vi 4*(o(i30 13O5 DEED OF TRUST
NOTICE TO TRUSTOR
THIS DEED OF TRUST CONTAINS PROVISIONS
RESTRICTING ASSUMPTIONS AND IS SECURED BY
A DEED OF TRUST ON RESIDENTIAL PROPERTY
THIS DEED OF TRUST is made this Z- day of April, 2022, among
the Trustor, Mauricio Salvador Benitez and Alejandra Rodriguez Salvador, husband and
wife as joint tenants (herein "Borrower"), and First American Title Company (herein
"Trustee"), and the Beneficiary, CITY OF ENCINITAS (herein "CITY"), whose address is 505
S. Vulcan Avenue, Encinitas, California 92024.
BORROWER, in consideration of the indebtedness herein recited and the
trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale,
the following described property located in the County of San Diego, State of California:
Exhibit "A" attached hereto and incorporated herein by this reference
which has the address 748 Leucadia Boulevard, Encinitas, California 92024 (herein
"Property Address");
TOGETHER with all the improvements now and hereafter erected on the
Property, and all easements, rights, appurtenances and rents (subject, however, to the rights
and authorities given herein to CITY to collect and apply such rents), all of which shall be
deemed to be and remain part of the property covered by this Deed of Trust; and all of the
foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a
leasehold) are hereinafter referred to as the "Property"; TO SECURE to CITY the repayment
Page 1
of the indebtedness evidenced by Borrower's Promissory Note dated April, 2022, and Note
Rider, and extensions and renewals thereof (herein collectively referred to as the "Note"), in
the principal sum of One Hundred and Thirty -Five Thousand U.S. Dollars ($135,000.00)
with interest thereon, fully deferred with the total indebtedness, if not sooner paid, due and
payable upon default by Borrower, or when a Prohibited Transfer occurs as defined in the
Deed of Trust.
Borrower covenants that Borrower is lawfully seized of the estate hereby
conveyed and has the right to grant and convey the Property, and that the Property is
unencumbered except for encumbrances of record. Borrower covenants that Borrower
warrants and will defend generally the title to the Property against all claims and demands,
subject to encumbrances of record.
UNIFORM COVENANTS
Borrower and CITY covenant and agrees as follows:
1. Payment of Princigal and Interest. Borrower shall promptly pay
when due the principal and interest indebtedness evidenced by the Note.
The principal loan amount secured in the Deed of Trust herein, evidenced by
the Note ("Loan").
2. Payment of Taxes and Insurance. To protect the security of the
Deed of Trust, Trustor agrees to pay, at least ten (10) days before delinquency, all taxes
and assessments affecting said property, including assessments on appurtenant water
stock; when due, all encumbrances, charges and liens, with interest, on said property or any
part thereof, which appear to be prior or superior hereto; and 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, without obligation to do so and without notice 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 as either may deem necessary to protect
the security 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 encumbrance, 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.
3. A1212lication of Payments. Unless applicable law provides
otherwise, all payments received by CITY under the Note shall be applied by CITY first in
payment of amounts advanced by CITY to Borrower, then to interest payable on the Note,
and then to the principal of the Note.
Page 2
shall perform all of Borrower's obligations under any mortgage, deed of trust or other security
agreement with a lien which has priority over this Deed of Trust, including Borrower's
covenants to make payments when due. Borrower shall pay or cause to be paid all taxes,
assessments and other charges, fines and impositions attributable to the Property which
may attain a priority over this Deed of Trust, and leasehold payments, if any.
5. Hazard Insurance. Borrower shall keep the improvement(s) now
existing or hereinafter erected on the Property insured against loss by fire, hazards included
within the terms "extended coverage", and such other hazards as CITY may require and in
such amounts and for such periods as CITY may require.
The insurance carrier providing the insurance shall be chosen by
Borrower subject to approval by CITY, provided that such approval will not be unreasonably
withheld. All insurance policies and renewals thereof shall be in a form acceptable to CITY
and shall include a standard mortgage clause in favor of and in a form acceptable to CITY.
CITY has the right to hold the policies and renewals thereof, subject to the terms of any
mortgage, deed of trust or other security agreement with a lien which has priority over this
Deed of Trust.
In the event of loss, Borrower shall give prompt notice to the
insurance carrier and CITY. CITY may make proof of loss if not made promptly by
Borrower.
If Property is abandoned by Borrower, or if Borrower fails to respond
to CITY within thirty (30) days from the date notice is mailed by CITY to Borrower that the
insurance carrier offers to settle a claim for insurance benefits, CITY is authorized to collect
and apply the insurance proceeds at CITY's option either to restoration or repair of the
Property or to the sums secured by this Deed of Trust.
6. Preservation and Maintenance of Property. Borrower will keep the
Property in good repair and shall not commit waste or permit impairment or deterioration of
the Property. Borrower shall perform all of Borrower's obligations under the declaration of
covenants, conditions and restrictions.
7. Protection of CITY Security. If Borrower fails to perform the
covenants and agreements contained in this Deed of Trust, or if any action or proceeding
is commenced which materially affects CITY's interest in the Property, the CITY, at CITY's
option, upon notice to Borrower, may make such appearances, disburse such sums
including reasonable attorneys' fees, and take such action as is necessary to protect CITY's
interest. If CITY's required mortgage insurance is a condition of making the loan secured by
this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in
effect until such time as the requirement for such insurance terminates in accordance with
Borrower's and CITY's written agreement or applicable law.
Any amounts disbursed by CITY pursuant to this paragraph, with
interest thereon, at the Note rate, will become additional indebtedness of Borrower secured
by this Deed of Trust. Unless Borrower and CITY agree to other terms of payment, such
Page 3
amounts will be payable upon notice from CITY to Borrower requesting payment thereof.
Nothing contained in this paragraph will require CITY to incur any expense or take any action
hereunder.
8. Inspection. CITY may make or cause to be made reasonable entries
upon and inspections of the Property, provided that CITY will give the Borrower notice prior
to any such inspection, specifying reasonable cause therefor related to CITY's interest in the
property.
9. Condemnation. The proceeds of any award of claim for damages,
direct or consequential, in connection with any condemnation or other taking of the Property,
or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall
be paid to CITY subject to the terms of any mortgage, deed of trust or other security
agreement with a lien which has priority over this Deed of Trust.
10. Borrower Not Released: Forbearance by CITY Not a Waiver.
Extension of the time for payment or modification of amortization of the sums secured by
this Deed of Trust granted by CITY to any successor in interest of Borrower shall not operate
to release, in any manner, the liability of the original Borrower and Borrower's successors in
interest. CITY shall not be required to commence proceedings against such successor or
refuse to extend time for payment or otherwise modify amortization of the sums secured by
this Deed of Trust by reason of any demand made by the original Borrower and Borrower's
successors in interest. Any forbearance by CITY in exercising any right or remedy
hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the
exercise of any such right or remedy.
11. Successors and Assigns Bound, Joint and Several Liability: Co -
Signors. The covenants and agreements herein contained shall bind, and the rights
hereunder shall inure to, the respective successors and assigns of CITY and Borrower,
subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower
shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not
execute the Note:
(a) is co-signing this Deed of Trust only to grant and convey that
Borrower's interest in the Property to Trustee under the terms of this Deed of
Trust;
(b) is not personally liable on the Note or under this Deed of Trust; and,
(c) agrees that CITY and any other Borrower hereunder may agree to
extend, modify, forbear or make any other accommodation with regard tothe
terms of this Deed of Trust or the Note, without that Borrower's consent and
without releasing that Borrower or modifying this Deed of Trust as to that
Borrower's interest in the property.
12. Notice. Except for any notice required under applicable law to be given
Page 4
in another manner:
(a) any notice to Borrower provided for in this Deed of Trust shall be given
by delivering it or by mailing such notice by certified mail, addressed to
Borrower at the Property address or such other address as Borrower may
designate by notice to CITY as provided herein; and,
(b) any notice to CITY will be given by certified mail, return receipt
requested, to CITY's address stated herein or to such other address asCITY
may designate by notice to Borrower as provided herein.
Any Notice provided for in this Deed of Trust shall be deemed to have been given to
Borrower or CITY when given in the manner designated herein.
la Governing Law. Severability. The state and local laws applicable to
this Deed of Trust shall be the laws of the State of California. The foregoing sentence shall
not limit the applicability of federal law to this Deed of Trust. In the event that any provision
or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
not affect other provisions of this Deed of Trust or the Note which can be given effect without
the conflicting provision and, to this end, the provisions of this Deed of Trust and the Note
are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees"
include all sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of
the Note and this Deed of Trust at the time of execution or after recordation hereof.
15. Notice to CITY. Borrower agrees that it will give the CITY notice of any
prospective transfer, sale, or conveyance not less than forty-five (45) days before the
proposed sale, transfer, or conveyance by personal delivery of a notice at the address set
forth for the CITY on Page 1 of this Deed of Trust. Time is of the essence.
16. Lease of Property Prohibited. During the term of the affordability
restrictions as set forth in paragraph 17 of this Deed of Trust, the Borrower shall not rent or
sublet the Property, or any part thereof, to any person and/or entity. Leasing of the Property
shall be deemed a Prohibited Transfer of the Property, within the meaning of paragraph 18,
and shall trigger the right of the CITY to foreclose.
17. Transfer. Conveyance of Pro edy Restricted for Fifty-Five(551
Years. The sale, transfer and/or conveyance of the Property is restricted asfollows:
If Borrower sells, transfers or conveys the Property prior to the
Expiration Date, then sale, conveyance and/or transfer shall be subject to the following:
(a) The Property may only be sold, transferred or conveyed to a
Income Qualified Resident or to San Diego Habitat or the City in accordance
with the terms of the Ground Lease.
Page 5
(b) The Property must be used only as the principal residence of
the subsequent purchaser during the time of ownership. Borrower shall make
a good faith effort to obtain an Income Qualified Resident residing or working
in the City of Encinitas, prior to considering other qualified purchasers. Such
effort shall include, but not limited to, local public advertising, listing in local
real estate publications, and CITY suggested marketing. The CITY shall
determine if a "good faith" effort has been performed. The CITY shall not
unreasonably withhold its approval.
(c) The sale price to the subsequent purchaser must be at a price
that is "affordable to the subsequent purchaser(s)". "Affordable to the
subsequent purchaser(s)" is determined through the calculation described
below.
i The maximum affordable sales price for the Property shall be
calculated in accordance with California Health and Safety Code
Section §50052.5 and Title 25 of the California Code of Regulations,
Section 6920 (or successor provision), and, in accordance with
these provisions, shall result in housing cost that does not exceed 30
percent of 80 percent of AREA MEDIAN INCOME, adjusted for
assumed household size. "AREA MEDIAN INCOME" is the median
income for to San Diego County as published annually by the
Department of Housing and Community Development under Title 25
of the California Code of Regulations, Section 6932 (or successor
provision), adjusted for actual household size.
(d) A transfer of the Property in accordance with the terms hereof
must be accompanied by a recordable assignment and assumption of the
Note and this Deed of Trust executed by the transferee.
(e) The affordability requirement shall remain in effect until the
Expiration Date. This requirement shall remain in full force and effect against
all subsequent purchasers until the Expiration Date. This restriction shall also
apply to sales of the Property from the subsequent purchaser to other
purchaser(s) until the Expiration Date.
(f) If the Borrower fails, refuses or is unable to convey, sell, or
transfer the Property to a person or persons meeting the requirements of
paragraphs 16 and 17(a) through 17(c), inclusive, before the Expiration Date,
but nevertheless conveys, sells or transfers the Property in violation of
paragraph 18 hereof, then such transfer shall be deemed a Prohibited
Transfer as defined in paragraph 18 hereof.
These provisions of paragraph 17 shall bind the heirs, successors and assigns of
Page 6
the Borrower.
18. Prohibited Transfer. If Borrower sells, agrees to sell, conveys, rents,
refinances, and/or transfers the Property in violation of the terms of paragraph 2 and 5 of
the Note, or paragraphs 16, 17 or 30 of this Deed of Trust (a "Prohibited Transfer'), then
CITY may, at its option, in addition to any and all other remedies available to it, require
immediate payment in full of all sums secured by this Deed of Trust. In the instance of a
Prohibited Transfer, the Transferor shall pay to the CITY the amount of this Deed of Trust,
including any interest, as described in the Note
NON -UNIFORM COVENANTS
Borrower and CITY further covenant and agree as follows:
19. Acceleration, Remedies. Upon Borrower's breach of any covenant
or agreement of Borrower in this Deed of Trust, including the covenants to pay when due
any sums secured by this Deed of Trust, and those contained in paragraphs 16, 17 and 18
hereof, CITY, prior to acceleration, shall give notice to Borrower as provided in paragraph
12 hereof specifying. -
(a) the breach;
(b) the action required to cure such breach;
(c) a date, not less than ten (10) days from the date the notice is
mailed to Borrower, by which such breach must be cured; and,
(d) that failure to cure such breach on or before the date specified
in the notice may result in acceleration of the sums secured by this Deed of
Trust and sale of the Property.
The notice shall further inform Borrower of the right to reinstate after
acceleration and the right to bring a court action to assert the nonexistence of a default or
any other defense of Borrower to acceleration and sale. If the breach is not cured on or
before the date specified in the notice, CITY, at CITY's option, may declare all of the sums
secured by this Deed of Trust to be immediately due and payable without further demand
and may invoke the power of sale and any other remedies permitted by applicable law. CITY
shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
remedies provided in this paragraph 19, including, but not limited to, reasonable attorneys'
fees.
If CITY invokes power of sale, CITY shall execute or cause Trusteeto
execute a written notice of the occurrence of an event of default and of CITY's election to
cause the Property to be sold and shall cause such notice to be recorded in each county in
which the Property or some part thereof is located. CITY or Trustee shall mail copies of
such notice in the manner prescribed by applicable law. Trustee shall give public notice of
sale to the persons and in the manner prescribed by law. After the lapse of such time as
Page 7
may be required by applicable law, Trustee, without demand on Borrower, shall sell the
Property at public auction to the highest bidder at the time and place and under the terms
designated in the notice of sale in one or more parcels and in such order as Trustee may
determine. Trustee may postpone sale of all or any parcel of the Property by public
announcement at the time and place of any previously scheduled sale. CITY or CITY's
designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the
Property so sold without any covenant or warranty, expressed or implied. The recitals in
the Trustee's deed shall be rp ima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sale in the following order:
(1) to all reasonable costs and expenses of the sale, including, but
not limited to, reasonable Trustee's and attorneys' fees and
costs of title evidence;
(2) to all sums secured by this Deed of Trust; and,
(3) the excess, if any, to the person or persons legally entitled
thereto.
20. _Borrower's Right to Reinstate. Notwithstanding CITY's acceleration
of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have
the right to have any proceedings begun by CITY to enforce this Deed of Trust discontinued
at any time prior to five (5) days before the sale of the Property pursuant to the power of
sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this
Deed of Trust if:
(a) Borrower pays CITY all sums which would be then due under
this Deed of Trust and the Note had no acceleration occurred;
(b) Borrower cures all breaches of any other covenants or
agreements of Borrower contained in this Deed of Trust;
(c) Borrower pays all reasonable expenses incurred by CITY and
Trustee in enforcing the covenants and agreements of Borrower continued in
this Deed of Trust and in enforcing Trustee's remedies as provided in
paragraph 19 hereof, including, but not limited to, reasonable attorneys' fees;
and,
(d) Borrower takes such action as CITY may reasonably require to
assure that the lien of this Deed of Trust, CITY's interest in the Property and
Borrower's obligation to pay the sums secured by this Deed of Trust shall
continue unimpaired.
Upon such payment and cure by Borrower, this Deed of Trust and the
obligations secured hereby shall remain in full force and effect as if no acceleration had
Page 8
occurred.
21. Assignment of Rents: Appointment of Receiver: CITY in
Possession. As additional security hereunder, Borrower hereby assigns to CITY the rents
of the Property, provided that Borrower shall, prior to acceleration under paragraph 19 hereof
or abandonment of the Property, have the right to collect and retain such rents as they
become due and payable.
Upon acceleration under paragraph 19 hereof or abandonment of the
Property, CITY, in person, by agent or by judicially appointed receiver shall be entitled to
enter upon, take possession of and manage the Property and to collect the rents of the
Property including those past due. All rents collected by CITY or the receiver shall be applied
first to payment of the cost of management of the Property and collection or rents, including,
but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys'
fees, and then to the sums secured by this Deed of Trust. CITY and the receiver shall be
liable to account only for those rents actually received.
22. Reconveyance. Upon payment of all sums secured by this Deed of
Trust, CITY shall request Trustee to reconvey the Property and will surrender this Deed of
Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee.
Trustee shall reconvey the Property without warranty and without charge to the person or
persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if
any.
23. Substitute Trustee. CITY, at CITY's option, may from time to time
appoint a successor trustee to any Trustee appointment hereunder by an instrument
executed and acknowledged by CITY and recorded in the office of the Recorder of the
county where the Property is located. The instrument shall contain the name of the original
lender, Trustee and Borrower, the book and page where this instrument is recorded, and
the name and address of the successor trustee. The successor trustee shall, without
conveyance of the Property, succeed to all the title, power and duties conferred upon the
Trustee herein and by applicable law. This procedure for substitution of trustee shall govern
to the exclusion of all other provisions for substitution.
24. Request for Notices. Borrower requests that copies of the notice of
sale be sent to Borrower's address which is the Property Address.
25. Statement of Obligation. CITY may charge a fee not to exceed Sixty
Dollars ($60.00) for furnishing the statement of obligation as provided by Section 2943 of
the Civil Code of California.
26. Deed of Trust Rider. The Deed of Trust Rider executed by Borrower
is attached hereto and made part of this Deed of Trust.
28. Warranties of Borrower. Borrower warrants to CITY as follows:
Page 9
(a) Borrower certifies that they will occupy the Property as owner -
occupant and principal residence; and that the Borrower does not
own or have an interest in any real property.
2a Subordinate to Senior Deed of Trust. This Deed of Trust is
subordinate to any deed of trust or mortgage ("First Mortgage"), if any, on the Property made
by or held by an institutional lender or San Diego Habitat for Humanity, Inc., a California non-
profit public benefit corporation ("First Lender Loan").
30. Refinance of First Lender Loan. The outstanding principal on the
Note shall not be due upon prepayment and refinancing of the First Lender Loan, and this
Deed of Trust shall be subordinated to the refinanced First Lender Loan by way of a
Subordination Agreement, provided that (i) such refinancing is approved by the CITY, (ii) the
amount refinanced does not exceed the outstanding principal balance of the First Mortgage
at the time of refinance plus reasonable costs of refinance, and (iii) the refinance does not
result in higher monthly payments on the First Lender Loan than were due prior to the
refinance. Mortgage loans or equity lines of credit junior in lien priority to this Deed of Trust
are not permitted, unless approved in writing by the City. The CITY and the Borrower agree
that the requirements of this paragraph are necessary to ensure the continued affordability
of the Property to Borrower and to minimize the risk of loss of the Property by Borrower
through default and foreclosure of mortgage loans. Borrower further acknowledges that
violation of the provisions of this paragraph shall constitute a Prohibited Transfer under this
Deed of Trust.
Page 10
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
CITY will request that copies of notices of foreclosure from the holder of any
lien which has priority over this Deed of Trust be sent to CITY's address, as set forth on
page 1 of this Deed of Trust, as provided by Section 2924b of the Civil Code of California.
NOTICE TO BORROWER: Do not sign this Deed of Trust if it contains blank spaces. All
spaces should be completed before you sign.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.
4
Date: Vq-a 4
2J -"- P�q-�tb �911'1 1 - 1, Borrower
I Mauricio Salvador Benitez
—2-11L,, 4/-A - ., Borrower
AlejandraXodriguez Salvador
/I
Page 11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 SAN DIEGO
On- L�ZZ , before me, Vy�keA---, Cio(Cc_,g , a notary public
personally appeared A�Ld�ri ,rz.
who proved to me on the basis of satisfactory evidence to be the pe sr o(s)lwhose i e�sjis�t
subscribed to the within instrument and acknowledged to me that they) executed the same in
his heii capaci ies), and that by liis/he theii)signatur s),on the instrument the perso(& or the
entity upon behalf of which the persor(s) acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing
is true and correct.
WITNESS my hand and official seal.
KATHLEEN CCIFFORD
COMM. #2334528
us NOTARY PUBLIC • CALIFORNIA
a SAN DIEGO COUNTY
Commission Expires Oct. 28, 2024
�.Y.Y:.'.Y.LY.'.Y.VL'.Y: h'LLtiYhY.•.'.LtiVLYhtiYN.•hY.
(seal)
Signature of otary P blic
DEED OF TRUST RIDER
THIS DEED OF TRUST RIDER (herein "Rider") is attached to and made a
part of the Deed of Trust dated April ` 2'*" 2022 made between the CITY OF ENCINITAS,
a municipal corporation (herein "CITY") and executed by Mauricio Salvador Benitez and
Alejandra Rodriguez Salvador, husband and wife as joint tenants, as Borrowers.
Borrower agrees to the provisions of this Deed of Trust Rider in addition to
those of the Deed of Trust. THE LANGUAGE OF THIS RIDER PREVAILS OVER THE
DEED OF TRUST IN THE EVENT OF A CONFLICT.
1. Borrower agrees that the Property being purchased is affordable as
described in this Deed of Trust, and that the continued use of the Property must be in
accordance with the Ground Lease between the City and San Diego Habitat for Humanity,
Inc. and that no transfer of the Property will be permitted and no successor -in -interest to
the Borrower(s) will be permitted to assume the Note secured by this Deed of Trust Rider,
unless the written consent of CITY to the transfer has been first obtained. No such consent
will be given by CITY except in the following limited circumstances:
(a) The transfer of the Property to the surviving joint tenant (if any) by
devise, descent or operation of the law, on the death of the joint tenant.
(b) A transfer of the Property where the spouse (if any) becomes an owner
of the Property.
(c) A transfer of the Property resulting from a decree of a dissolution of
marriage, legal separation or from an incidental property settlement
agreement by which the spouse (if any) becomes an owner of the
Property.
(d) A transfer to an inter vivos trust in which Borrower is and remains the
sole present beneficiary and occupant of the Property.
2. This Deed of Trust is subordinate to any first deed of trust or mortgage
on the Property made by or held by an institutional lender or San Diego Habitat for
Humanity, Inc. pursuant to a Subordination Agreement.
NOTICE TO BORROWER: Do not sign this Deed of Trust Rider if it contains blank
spaces. All spaces should be completed before you sign.
Date: /71�jy
14
C'`fiGf ,Borrower
Mauricio Salvador Benitez
7
Borrower
Alejand Rodriguez Salvador
Page 12
ACKNOWLEDGMENT
State of California
County of San Diego
N �U
On 202- before me,(c-AA-,1e-(,-AN personally appeared,
who proved to me on the basis of satisfactory
evi ence to be the person@), whose name(!�) is ar' subscribed to the within instrument
and acknowledged to me that h/s _ \/they'executed the same in #is/he /fheir authorized
capacit Ies;; and that by h+s /their signaturEos on the instrument the personal, or the
entity upon behalf of which the persor((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.
WITNESS my hand and official seal.
1
Signature
KATHLEEN CLIFFORD
COMM. #2334528
X NOTARY PUBLIC • CALIFORNIA
LU
im
SAN DIEGO COUNTY
Commission Expires Oct. N 2024
(Seal)
Page 13
REQUEST FOR RECONVEYANCE
TO TRUSTEE:
The undersigned is the holder of the note or notes secured by this Deed of
Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust,
have been paid in full. You are hereby directed to cancel said note or notes and this Deed
of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now
held by you under this Deed of Trust to the person or persons legally entitled thereto.
Dated:
-2
Page 14
File Number: DTR-6809305
Exhibit "A"
Legal Description
Real property in the City of Encinitas, County of San Diego, State of California, described aafollows:
THE SOUTHERLY 90.48 FEET OF LOT 21, HILLSIDE ACRES, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1992, FILED IN THE OFFICE OF THE COUNTY
EXCEPTING THEREFROM THE EASTERLY 6O.00FEET.
EXCEPTING THEREFROM THE SOUTHERLY 33.5OFEET.
A^P.N.: 760-165-45'00