2023-191838Recording.Requested By.
First American Title Company
Homebuilder Services Divislort
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: 260-131-50-00
(07 g 3733
DEED OF TRUST
DOC# 2023-0191838
Jul 20, 2023 01:00 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER.
FEES: $0.00 (SB2 Atkins: $0.00;)
PAGES: 12
THIS DEED OF TRUST is made this 0 day of q_AJV , 20; 3
among the trustor, Jonathan C. Lain and Lisa N. Lain, 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, irrevocabiy'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 1152 East Cove Place, Encinitas, California 92024 (herein
"Property Address");
TOGETHER with all the improvements now and hereafter erected on, the above -
described real property ("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 are hereinafter referred
to as the "Property";
Page 1
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: 260-131-50-00
(07'8 3733
DEED OF TRUST
THIS DEED OF TRUST is made this .t `3 �6dav of T'�ty 20Z-3
among the trustor, Jonathan C. Lain and Lisa N. Lain, 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 1152 East Cove Place, Encinitas, California 92024 (herein
"Property Address");
TOGETHER with all the improvements now and hereafter erected on the above -
described real property ("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 are hereinafter referred
to as the "Property";
Page 1
TO SECURE to CITY the repayment of the indebtedness evidenced by Borrower's
Promissory Note dated.7/19, 2023, and extensions and renewals thereof in the principal
sum of one million, three hundred fifty-seven thousand, three hundred eighteen U.S.
Dollars ($1,357,318) ("Note"); the performance of each agreement and covenant of that
certain Affordable Housing Agreement ("Affordable Housing Agreement") recorded
concurrently herewith against the Property; the payment of all other sums, with interest
thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and
the performance of the covenants and agreements of Borrower contained herein.
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 Principal and Interest. Borrower shall promptly pay when due
the principal and interest indebtedness evidenced by the Note.
2 Payment of Taxes and Insurance. To protect the security of this Deed of
Trust, Borrower agrees to pay, before delinquency, all taxes and assessments affecting
the Property, including assessments on appurtenant water stock; when due, all
encumbrances, charges and liens, with interest, on the Property or any part thereof, which
appear to be prior or superior hereto; and all costs, fees and expenses of this Deed of
Trust. Should Borrower fail to make any payment or to do any act as herein provided,
then CITY or Trustee, without obligation to do so and without notice to or demand upon
Borrower and without releasing Borrower 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, CITY or Trustee being authorized to enter upon the Property for such
purposes; appear in and defend any action or proceeding purporting to affect the security
hereof or the rights or powers of CITY 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 counsel's reasonable fees.
3. Application 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 due to CITY from Borrower, then to interest payable on the Note, and then
to the principal of the Note.
Page 2
4. Prior Mortgages and Deeds of Trust: Charges, Liens. Borrower 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, 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 mayrequire. 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 the 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 the 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 creating or governing the condominium or
planned unit development, the bylaws and regulations of the condominium or planned unit
development, and constituent documents.
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 the CITY requires mortgage insurance, 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 highest legal rate, will become additional indebtedness of Borrower
secured by this Deed of Trust. Unless Borrower and CITY agree to other terms of
payment, such amounts will be payable upon notice from CITY to Borrower requesting
Page 3
payment thereof. Nothing contained in this paragraph will require CITY to incur any
expense or take any action hereunder.
8. Insr)ections. 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.
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. Neither Borrower, nor
CITY or any other party, shall have priority over any right of (a) the mortgagee of a first
priority mortgage that is a bank, savings and loan association, insurance or mortgage
company or other entity or institution chartered under federal and/or state .law; (b) an
insurer or governmental guarantor of a first priority mortgage; or (c) the mortgagee of a
first priority mortgage that is a Federal or State Agency, pursuant to their mortgages in
case of a distribution of insurance proceeds or condemnation awards for losses to or a
taking of the Property. Any provision to the contrary in this Deed of Trust or the Affordable
Housing Agreement is to such extent void.
10. 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.
All covenants and agreements of Borrower shall be joint and several.
11. Notices. Except for any notice required under applicable law to be given 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 as
CITY 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.
12 Governing Law, Severability. The state and local laws applicable to this
Deed of Trust shall be the laws of the jurisdiction in which the Property is located. 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, the Affordable Housing Agreement
Page 4
or the Note conflicts with applicable law, such conflict shall not affect other provisions of
this Deed of Trust, the Affordable Housing Agreement or the Note which can be given effect
without the conflicting provision and, to this end, the provisions of this Deed of Trust, the
Affordable Housing Agreement 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.
13. Acceleration Remedies. Upon Borrower's breach of any covenant or
agreement of Borrower in this Deed of Trust, the CITY, prior to foreclosure, shall give notice
to Borrower as provided in Section 11 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 obligations 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 obligations 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 Section 13, including, but not limited to, reasonable attorneys' fees.
If CITY invokes power of sale, CITY shall execute or cause Trustee to 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 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
Page 5
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.
14. Borrower's Right to Reinstate.
(a) Notwithstanding CITY's acceleration of the obligations secured by this Deed of
Trust due to Borrower's breach, and except as otherwise provided in Section 14(b), below,
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:
(1) Borrower pays the CITY all sums which would be then due under this Deed
of Trust and the Note had no acceleration occurred;
(2) Borrower cures all breaches of any other covenants or agreements of
Borrower contained in this Deed of Trust;
(3) Borrower pays all reasonable expenses incurred by CITY and Trustee in
enforcing the covenants and agreements of Borrower and enforcing Trustee, in-
cluding, but not limited to, reasonable attorneys' fees; and
(4) 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
obligations secured by this Deed of Trust shall continue unimpaired.
Upon such cure by Borrower, this Deed of Trust and the obligations secured hereby
shall remain in full force and effect as if no acceleration had occurred, except as otherwise
provided in Section 14(b), below.
(b) Non -Curable Defaults.
(1) Legal Obligation to Provide Affordable Housing. Borrower hereby
acknowledges and agrees that CITY is obligated by law to ensure that the Property
is occupied as set forth in the Affordable Housing Agreement. Borrower further
acknowledges that if the Property is rented out and/or Borrower fails to occupy the
Property as the Borrower's principal residence, then during any such period the
Property will not qualify as "affordable housing" and the CITY's obligation to
provide affordable housing will be materially impaired. Borrower hereby
Page 6
acknowledges and agrees that renting out the Property and/or Borrower's failure
to occupy the Property as Borrower's principal residence, will be a non -curable
breach and CITY shall have the right to foreclose on the Property.
(2) Non -Curable Breach. Notwithstanding anything to the contrary
set forth in this Deed of Trust or the Affordable Housing Agreement, Borrower
agrees that in the event Borrower rents out the Property and/or fails to occupy the
Property as Borrower's principal residence, Borrower shall not have the right to
cure the breach and reinstate this Deed of Trust, the Affordable Housing
Agreement or the obligations secured hereby.
(3) Borrower's Waiver. Borrower hereby knowingly waives and
relinquishes any and all legal and/or contractual rights Borrower may have to cure
or otherwise reinstate this Deed of Trust and the obligations secured hereby, in the
event that the Property is rented out and/or Borrower fails to occupy the Property
as Borrower's principal residence.
(4) Representation of Comprehension. Borrower acknowledges
and agrees that the CITY has advised Borrower (and each of them if there is more
than one Borrower) to retain an attorney to represent Borrower with respect to this
Deed of Trust and the Affordable Housing Agreement. By executing this Deed of
Trust, Borrower (and each of them if there is more than one Borrower) represents
that: (i) Borrower fully understands and accepts the terms of this Deed of Trust and
the Affordable Housing Agreement; (ii) Borrower has relied upon the legal advice
of Borrower's attorneys or that Borrower has freely and independently chosen not
to seek the advice of an attorney; (iii) that neither the CITY, nor its agents,
employees or attorneys represents Borrower; (iv) that Borrower has had a full and
ample opportunity to consult with any other professionals of Borrower's choice in
connection with the rights and liabilities created by this Deed of Trust and the
Affordable Housing Agreement; (v) that Borrower does not have any questions with
regard to the legal import of any term, word, phrase, or portion of this Deed of Trust
or the Affordable Housing Agreement, or any of the foregoing documents in their
entireties; and (vi) Borrower accepts the terms of this this Deed of Trust and the
Affordable Housing Agreement as written.
15. Assionment of Rents: Appointment of Receiver: CITY in Possession. As
additional security hereunder, upon acceleration of the obligations secured by this Deed
of Trust 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 of rents, including, but not limited to,
receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then
to the obligations secured by this Deed of Trust. CITY and the receiver shall be liable to
account only for those rents actually received.
Page 7
16. Reconvevance. Upon the later of termination of the Affordable Housing Agreement
or payment of all sums secured by this Deed of Trust, CITY shall request Trustee to
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. PAYMENT
OF THE NOTE SHALL NOT TERMINATE THIS DEED OF TRUST OR THE AFFORDABLE
HOUSING AGREEMENT, OR OTHERWISE AFFECT THE TERMS OF THIS DEED OF
TRUST OR THE AFFORDABLE HOUSING AGREEMENT.
17. 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.
18. Reauest for Notices. Borrower requests that copies of the notice of sale be sent to
Borrower's address which is the Property Address.
19. Statement of Obligation. CITY may charge a fee not to exceed maximum amount
provided by law for furnishing the statement of obligation as provided by Section 2943 of
the Civil Code of California.
20. Affordable Housing Agrement. The Property is subject to the Affordable Housing
Agreement, which is not attached hereto but is incorporated by reference. Borrower
acknowledges receipt of the Affordable Housing Agreement and agrees, for Borrower,
and for Borrower's heirs, successors and assigns. to be bound by the same.
21. Request for Notice of Default. CITY requests 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.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.
Date: r 23
Botfowoef Jonathan C. Lain
Date: I J 11 I Z3
Lisa N. Lain
Page 8
ACKNOWLEDGMENT
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 u (y It CI , 2023, before me, D - A f` U u q 611 -e r'c: notary
public, personally appeared .J 6 n a- 'M an C- • Lct-i � J who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s ice' e subscribed to
the within instrument and acknowledged to me th je:�[;she/they executed the same inINWher/their
authorized capacity(ies), and that by�her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of th State QfQa1ifjLrj,�"tthP-fQjQPoing
paragraph is true and correct. D. A. RUGGIERO
Notary Public - California z
WITNESS m hand and official seal. _ orange County
y � r��« ._ .. ` Commission # 2306493
Signature (Seal)
Page 9
ACKNOWLEDGMENT
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 j CZ 2023, before me, 10 -A - i/i c; q verb notary
public, personally appeared L i sCL iv , U n who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(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.
a D. A. RL'GGIERO
SE - ' f
Notary Public - California
WITNESS my hand and official seal. _ - orange County
Commission n 2306493
�� oa"'' My Comm, Expires Oct 12, 2023
Signature �. (Seal)
Page 10
EXHIBIT "A"
Legal Description of the Property
That certain real property located in the City of Encinitas, County of San Diego, State of California
more particularly described as follows:
LOT 8 OF TRACT 16488
PARCEL1:
LOT 8 ("PROPERTY") OF THE CITY OF ENCINITAS TM 18-001, ACCORDING TO MAP
THEREOF NO. 16488, FILED ON DECEMBER 20, 2021 IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA ("MAP")
RESERVING THEREFROM, FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS IN
INTEREST, ASSIGNS AND OTHERS, WITH THE RIGHT TO GRANT AND TRANSFER SAME
EASEMENTS FOR ACCESS, INGRESS, EGRESS, UTILITIES, ENCROACHMENT, PRIVATE
YARD, SUPPORT, MAINTENANCE, DRAINAGE, REPAIR AND FOR OTHER PURPOSES,
ALL AS MAY BE SHOWN ON THE MAP, OR AS DESCRIBED AND/OR DEPICTED IN THE
DECLARATION HEREINAFTER REFERRED TO. IN THE EVENT GRANTOR HAS
CONVEYED A LOT BENEFITTED BY SAID EASEMENT(S) AND THEREBY GRANTED SAID
EASEMENT(S)
PRIOR TO THE CONVEYANCE OF THE HEREIN PROPERTY, THEN THIS PARCEL L
SHALL BE SUBJECT TO SAID EASEMENT(S).
FURTHER RESERVING THEREFROM ALL EASEMENTS, RIGHTS, DUTIES AND
OBLIGATIONS AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS EAST COVE COTTAGES MAINTENANCE CORPORATION
RECORDED JANUARY 31, 2022, AS DOCUMENT NO. 2022-0045353, IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER, TOGETHER WITH ANY AMENDMENTS OR
SUPPLEMENTS THERETO (COLLECTIVELY, THE "DECLARATION") FOR THE BENEFIT OF
"DECLARANT" AS THEREIN DEFINED.
RESERVING THEREFROM UNTO THE GRANTOR, THE RIGHT TO ENTER THE PROPERTY
FOR TWELVE YEARS FOLLOWING RECORDATION DATE OF THIS GRANT DEED TO
COMPLETE AND REPAIR ANY IMPROVEMENT OR LANDSCAPING LOCATED THEREON
AND/OR TO CORRECT ANY DEFICIENCIES IN THE RESIDENTIAL CONSTRUCTION,
DESIGN, SPECIFICATIONS, SURVEYING, AND PLANNING ASSOCIATED WITH THE
PROPERTY, AS DETERMINED NECESSARY BY GRANTOR, IN ITS SOLE DISCRETION,
AND/OR TO COMPLY WITH THE REQUIREMENTS FOR THE RECORDATION OF THE MAP,
THE GRADING OF SAID PROPERTY, AND/OR TO COMPLY WITH THE REQUIREMENTS
OF APPLICABLE WARRANTIES, LAWS, AND GOVERNMENTAL AGENCIES. THE
PROPERTY IS ALSO SUBJECT TO A RIGHT OF ENTRY BY GRANTOR OR GRANTOR'S
AGENT UNTIL THE EXPIRATION OF ALL APPLICABLE STATUTES
OF LIMITATIONS FOR THE FILING OF A COMPLAINT OR SUIT OR OTHER LEGAL
REMEDIES AGAINST GRANTOR IN ANY WAY RELATING TO OR ARISING OUT OF THE
DEVELOPMENT, CONSTRUCTION, SALE AND/OR TRANSFER OF THE PROPERTY BY
GRANTOR. SUCH ENTRY BY GRANTOR SHALL BE PRECEDED
BY REASONABLE NOTICE TO GRANTEE BEFORE SUCH ENTRY. IF THIS RESERVATION
Page 11
OF RIGHT OF ENTRY IS NOT COMPLIED WITH BY GRANTEE, GRANTOR MAY ENFORCE
THIS RIGHT OF ENTRY IN A COURT OF LAW. GRANTEE SHALL BE RESPONSIBLE FOR
ALL DAMAGES ARISING OUT OF SAID BREACH (E.G., REFUSING TO ALLOW ENTRY)
INCLUDING ATTORNEYS' FEES, COSTS AND EXPENSES.
PARCEL 2:
A PRIVATE YARD EASEMENT OVER THE ADJACENT LOT(S) AS DESCRIBED AND
DEPICTED IN THE DECLARATION HEREINAFTER REFERRED TO. SAID EASEMENT IS
APPURTENANT TO PARCEL 1 ABOVE.
PARCEL 3:
NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS AND EGRESS, USE, DRAINAGE,
ENCROACHMENT, SUPPORT AND FOR OTHER PURPOSES, AS SET FORTH IN THE
DECLARATION OR ON THE MAP. THESE EASEMENTS ARE APPURTENANT TO PARCEL
1 ABOVE.
APN: 260-131-50-00
Page 12