Deed of Trust and Assignment of Rents 2006-0667853
RECORDING REQVE..'HbO JJr:
HRST AMERICAN
FXEM~rr~~~mERNME' Fll i illlll~i;irlrulmllllll~ ill~mli~I~I"~I[IIiI" 11111111
\ ANDWIIE~Q.QJ;EP~~T(; ~~5
W\c.;.Q ':!-O~ ~"S!1 (at SEP 20, 2006 800 AM
w>
CITYOFPOWAY ~;::!c ;;;zvJ Dr:TICIAL F:t:UJR[I':,
Reileveliwmei1t Agency ~ i= ~ -,.,::r'J IIIEI~[lIJIUt'Jrl F:t:O~IR[":F:": DFFICE
13325 Civic Center Drive "' ~ ~ ;lJF 1'lr:EI.<UFr~ I ':,~,.'1ITH Ci-iUNT'1 RElrIF:rIER
fll:':, uuu "'<'-\,1'::-'
Poway; CA. 92064 ~ffig FI.",lt' F, [II.:. 1
AUn:'Luisa Tumini 5~ill 1 III Ii: 111I1 Illli 11111 11111 11111 11I11 111111111111111111 1111111111111111111111111
u a:
Lu>- 3018
c:(,j')
Titl, Oed" No, # O-SA #2298608 ~ 2006-0667853
se
DEED OF TRUST AND ASSIGNMENT OFRENTS
BY THE DEED OF TRUST, made this 30TH day of AUGUST, 2006, between BARBARA A. SHRIER, An Unmarried Woman,
and herein called Trustor, whose address is:
13796 SYCAMORE TREE LANE POWAY CA 92064
(number and street) (City) (State) (lip)
and,Comprehensive Housing Services, Inc" a California Corporation, herein called Trustee, and POWAY REDEVELOPMENT
AGENCY.herein called Beneficiary, Trustor grants, transfer, and assigns to trustee, in trust, with power of sale, that property in San
Diego County, California, described as:
legal description see attached Exhibit" An
APN No: 317-102-08-22
Trustor also assigns to Beneficiary all rents, issues and profit of said realty reserving the right to collect and use the'same except
9urin9 continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the same
by any lawful means in the name of any party hereto,
For purpose of.securing:
(1 )payment of the indebtedness evidenced by one promissory note in the principal sum 01.$19,785,OO
of even date herewith, payable to Beneficiary, and any extensions or renewals thereof: 92) the payment of any money that may be
advanced by the Beneficiary to Trustor, or his successors,with interest thereon, evidenced by additional notes (indicating they are so
secured) or by endorsement on the original note, executed by Trustor or his successor; (3) performance of each agreement of Trustor
incorporated by reference or contained herein, "
On October 25, 1973, identical fictitious Deeds of trusfwere recorded in the offices of the County Recorders of the Counties of the,State
of California, the first'page thereof appearing in the book and at the page of the records of the respective County Recorder as follows:
COUNTY Book Page COUNTY Book Page COUNTY Book Page COUNTY Page Book
Alameda 3540 89 Kings 1018 394 Placer 1528 440 Siskiyou 697 407
Alpine 18 753 Lake 743 552 Plumas 227 443 Solano 1860 581
Amador 250 243 Lassen 271 367 Riverside 1973 139405 Sonoma 2810 975
Butte 1870 678 Los Angeles T8512 751 Sacramef)to 731025 59 Stanislaus 2587 332
Calaveras 368 92 Madera 1176 234 San Benito 386 94 Sutter 817 182
Colusa 409 347 Marin 2736 463 San Bernardino 8294 877 Tehama 630 522
Contra Costa 7077 178 Mariposa 143 717 San F.ral)cisco B820 585 Trinity 161 393
Del Norte 174 526 Mendocino 942 242 San Joaquin 3813 6 Tulare 3137 567
EI Dorado 1229 594 Merced 1940 361 San Luis Obispo 1750 491 Tuolumne 396 309
Fresno 6227 411 Madoc 225 668 San Mateo 6491 600 Ventura 4182 662
Glenn 565 290 Mono 160 215 Santa B~r~ara 2486 1244 Yolo 1081 335
Humboldt 1213 31 Monterey 877 243 Santa-Clara 0623 713 Yuba 564 163
Imperial 1355 801 Napa 922 96 Santa,Cruz 2358 744 File No.
Inyo 205 660 Nevada 665 303 Shasta 1195 293 San Diego 73.299568
Kern 4809 2351 qr~nge 10961 398 Sierra 59 439
The provisions contained in'Section A, indudingparagraph 1 through 5, and the provisions contained in Section'B, including paragraphs
1 through 9 of said .fictitious Deeds of Trust are incorporated herein as fully as though set forth at length and in full herein, The
undersigned Trustor requests that'a copy'of any notice:of default and any notice of sale hereunder be mailed to Trustor at the address
here In above set forth, being the address designated for the purpose of receiving such notice,
~~ IL;~
SlGNA TURE BARBARA A: SHR"IE_R SIGNATURE:
MUST ATTACH NOTARY ACKNOWLEDGMENT
DO NOT RECORD -Provisions incorporated from Recorded Fictitious Deed of Trust
to -/2-5""
, 3019
A, TO PROTECT,THE SECURITY HEREOF TRUSTOR AGREES:
(I) To keep said. proper!)' in good condition and repair, pres~n:e thereon the buildings. complete construction b~un. restore damage or destruction, and pa)" the cost thereof: 10
commit or permit no waste. no violation of laws or cO\'enanb or conditions relating to use, alterations or_improvcments;,IO culti~'ate, irrig3lc. fertilize. fumigate. prum.', and do all
othcr acts whkh the character lI,nd use ~(said property'and the estate or interest in said property secured ~y I_his Deed of Trust roa)' require to preserve this security.
(2) To pro\'idc, m:llnlaln',and' dcli\'cr' lo'B'encficiary fire Insurance satisfactory'fo and with Ioss'pa)'able to Beilcficiary. The amount collected under an)' fire or uther insurance
p,olic)', ma)' be applied by Bene-ficin)' upo~ any indebtedness secured hereby and in._such order as Beneficiary may determined. or Beneficiary may relea~e all or any part thereuf to
Tru~tor. Such application or release shall"not cure or wah'e an)" default or notice of default hereunder or i1i\'alidale an)' acl done pursuant to such nolice.
(3) T~ appc::!r, in a~d defe~~ ~~)'action or proceeding purporting to aITectlhe seeurit). hereOf or the rights or powers o(~neficiary or Trustee; and to pay all costs and expen~es.
including cost,of c,,'ltlence of title and attorney's fees in a reasonable sum, in an)',sueh action or, proceeding in which Beneficiary or Trustee may appear.
(4) To pay: 'alleast tcil"days before delinquency all taxes and assessments affecting said property, Including assessments on appurtenant water stock; when due. all incumbl'anee.
charges and Iiens.~'ilh Interest. on said property or any pari thtrwf, which appear to be prior or superior hereto; all costs, fees and expenses of this Tru~t.
Should Tr,u.s~or fail 10 make an)" payment or to do any act as herein provided. then Beneficiary or Trustee, but wilhout obligation so 10 do and withoul notice to or demand upon
Tru_stor alid ",'ithout releasing Trustur from any obligation hereof, may; make or do the same in such manner and to such extent as eilher may deem necessary to protect the
security he~eof. Beneficiary.or Trustce,belng authorized to enter, upon said property for such purposes; appear In and defend any action or proceeding purporting to affcct the
;ecurity hereof or the rightS or powers of Beneficiary or Trustee: pay;purchase, contest or compromise any Incumbrance, charge or lien which in the judgment of either appears III
be prior or superior hereto; and. in exercising any such powers. pay necessary expenses. employ counsel and pa)" his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with Inlere~t [roin dale of expenditure at seven percent per annum. and to pa)" for an)"
statement 'provided for any law re~arding the obligations secured hereb)' in the amount demanded by Beneficiary. not exeeeding the maximum amount permitted by law at the
time of the request thereof.
B, ITIS MUTUAL!.Y AGREED THAT
(I) Any award of damages in connection with any condemnatlun for, public use of or Inju~' of said property or any part thereof is bereby assigned to Beneficiary. who ma)' apply
or release such moneys received b)' him in the same manner and with the same effect as provided for disposition ofproeeeds of fire or other in sura nee.
(2) By accepting payment of an)-' sum secured herehy after Its due date. Beneficiary docs not \\'aive his right either to require payment when due of all other sums so secured or lei
dechire default for failure so to pay.
(3) AI any time or from time to time. without liability therefore and .....ithout nOlice, upon wrilten request of Beneficiary and presentation of this Deed and said note for
endorsement, and .....Ithout affecting the personal liability of any person for payment of the indebtedness secured hereby. Trustee ma)'; reconvey and part of said propert)-'; consent
to the making or auy map thereof; join iil granting any easement thereon; or join in any agreement extending or, subordinating the lien or change hereof.
(4) Upon written request of Beneficiary stating that all sums se~ured hereby have been paid, and upon surrender of this need' and said note to Trustee for eaneellation and
retention and upon palmerit of it~ fees, Trustee shall recom'ey .....ithout .....arranty. the property then held hereunder. The recitals in such recon\'eyance of any matters or facts shall
be conelush'e proof of the truthfulness therwf. The grantee in such recon"'eyance may he described as "Ihe person or persons legally entitled thereto."
(5) Upon default by Trustor in payment of any indebtedness secured hereb)' or in performance of any'agreement hereunder. Beneficiary may declare all sums secured hereby
immediately due and payable. by delivery tu Trustee of written declaration of default and demand for sale and of written notice of defaull and of election. to cause said property to
be ~old, which notice Trustee shall cause to be duly filed for record. Beneficiaf)-' also sball deposil with Trustee this Deed. said note and all documents e,,'ideneinl-: c),penditures
secured hereby.
Trustee shall gh'e notice of sale as then required by law. and wlt,hout demand on Trustor, at leasl three months having elapsed after recordation of such notice of default. shall
sell said property at the time and place of s_ale fixed by it in said notice of sale, either as a .....hole or in separate pareels and In such order as It may determine. at public auction to the
highest bidder for cash illlawflil money of the United S!ates. payable at lime of sale.
Trustee ma)' postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter ma)' postpone such sale
by public announcement at the time fixed b)' the preceding postponement. Trustee shall delh'er 10 such purchaser Its de~d con\'eying tbe propert)' so sold, but without an)' co,,'enant
or .....arrant).. expressed or implied. The recitals In such deed of an)' matters or facts shall be conclusive proof of the Iruthfulness thereof. Any person. Including Trustor. Trustee. or
Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and'of this Trust, including cost of e\'idence of titl~ in connection with sale. Trustee shall apl)ly the'proceedsof sale tu
pa)'ment of: all sums expended under the term~ herrof. not then repaid, with accrued interest at se\'en percent per annum; all other sums then securcd hereby; and the remainder.
if any. to the person or persons legally entitled thereto.
(6) This Deed applie.~ to, inures to Ihe benefit of. and binds all parties hereto. their legal represenlatin and successors in interest. The term Beneficiary shall Include any future
owner and holder, including pledges. of the note secured hereby. In this Deed. whenever the context so requires. the masculine gender includes the feminine and/or neuter. and the
singular numher includes the plural.
(7) Trustee accepts this Trust when this Deed. duly executed and acknowledged, is made a public record as pro\'ided by law. Trustee h not obligated to notify any party hereto of
pending sale under an)' other Deed of Trust or of any action or proeeeding in which Trustor. Beneficiar)" or Trustee shall be a party unless brought by Trustee.
(8) The Trusls created hcreby arc irrevocable by Trustor.
(9) Benefichlr\-' Olav substitute a successor Trustee from,lIme to time by recording in the Office of the Recorder of Recorders of the county where the property Is located an
instrunlClit stating ihe election b the Beneficiary to make such substitu'tloll. which instrument shall identify tile need of Trust by recordirig reference. and by Ihe namc of the
original Trustor. Trustee and Beneficiary. and shall set forlh the name and address of the new Trustee, and which In~trument shall be signed by the Beneficiary and duly
acknowledged.
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid
To: Comprehensive Housina Services. Inc. Trustee Date
The undersigned is the legal owner and holder of all indebtedness secured by this Deed of trust. All sums secured by said Deed of Trust have
been paid, and you are request.e,9, on payment to you of.any sums owing to you ,under the terms of said Deed of Trust, to cancel all evidences of
indebtedness, secured by said Deed of Trust, delivered to you herewith and to reconvey, without warranty, to the parties designated by the terms
of said Deed of Trust. the estate now held by you under the same.
Mail Reconveyance to:
BY
BY
Do not destroy this Deed of Trust OR THE NOTE. which it secures.
Both must be dclivered to Ihc Trustee for cancellation before reconveyacne will be made.
. .
3020
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
~~=^",""",P''^'~''''''''^';5~~~~&?b~~.i'f&iif(:U~o~ffi.&GiQ~~"G&~~~~.A!
On
personally appeared
o personally known to me
-e Cl.~=m ~roved to me on the basis of satisfactory evidence
NaIaIy NIle. - - r to be the persol)l2( whose name.,48{<@/e:r1i subscribed
llan IlIIgI>> ea.Ir to the within instrument and acknowledged t'Ei
MrCiallllL,,-OlftI. } ~ executed the same in hM1li Ir
authorized capacity~, and that by):liS tR6
signature\8fOn the instrument the person~', or the
entity upon behalf of which the person~ acted,
executed the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by Jaw, it may prove valuable ,to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of AtlaChe~~rh ~::L~ .QN} QffiVyrnmt ~~
n".."".",~ .~. ""' ,~ Number of Pages: 5
Document Date L 1.DD lo
,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer - Title(s): o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney in Fact o Attorney in Fact .
Top of thumb here Tor of thumb hem
o Trustee o Trustee
o Guardian or Conservator o Guardian or Conservator
o Other' o Other'
Signer Is Representing: Signer Is Representing:
~~~~~~'Q<..~~'G<;.'CGQ(,..~~"'Q(..~^g,,~~'@<:';~~
@2004 National Notary AsSQCiatJon' 9350 De Solo Ave., P,O. Box 2402. Chatsworth, CA 91313.2402 Item No. 5907 Reorder. Call Toll-Free 1-800-676-6827
\
. .
3021
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY
SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS
ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: SHELLEY COLLINS
COUNTY WHERE BOND IS FILED: SAN DIEGO
DATE COMMISSION EXPIRES: OCTOBER 21, 2007
COMMISSION NO.: 1446353
MANUFACTURERSNENDER NO.: NNAl
COUNTY OF PRINCIPAL PLACE OF BUSINESS:
PHONE NO.: (<>)
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE
ILLEGIBLE PORTION OF THIS DOCUMENT, TO WHICH THIS
STATEMENT IS ATTACHED READS AS FOLLOWS:
<>
PLACE OF EXECUTION: SANTA ANA, CALIFORNIA
DATE:
BY:
. 3022 .
EXffiBIT "A"
Legal Description of Property
DO NOT REMOVE THIS PAGE
-
Real property in the city of Poway, County of San Diego, state of California, described as follows:
A CONDOMINIUM COMPRISED OP
PARCEL 1.
AN UNDMDED 1/28lli FRACTIONAl INTEREST I>S TENANTS IN COMMON IN AND TO LOT 4 OF
CITY OF POWAY TRACT 3926'3, IN lliE CITY OF POWAY, IN lliE COUNTY OF SAN DIEGO,
STATE OF CAlIFORNIA, ACCORDING TO MAP lliEREOF NO. 10346, FllID IN lliE OffiCE OF
lliE COUNTY RECORDER OF SAN DIEGO COUNTY, CAUFORNIA, ON FEBRUARY 26, 1982;
EXCEPTING lliEREFROM lliE FOLLOWING:
ALL LNING UNITS AS SHOWN UPON lliE COUNTRY VIEW PHASE 1 CONDOMINIUM PLAN
RECORDED IN lliEOFfICEOF lliE COUNTY RECORDER OF SAN DIEGO COUNTY, CAlIFORNIA,
ON JULY 28, 19831>S INSTRUMENT NO. 83-261311 OF OffiCIAl RECORDS AS AMENDED BY A
ARST AMENDMENT TO COUNTRY VIEW PHASE 1 CONDOMINIUM PlAN RECORDED IN lliE
OffiCE OF THE COUNTY RECORbEROF SAN DIEGO CDUNTY; OOFORNIA, ON DECEMBER 20,
1983, I>S INSTRUMENT NO. 83-464022,
AND RESERVING lliEREfROM:
lliE RIGHT TO POSSESSION OF ALL lliOSE AREAS DESIGNATED I>S EXCLUSIVE USE AREAS I>S
SHOWN UPON lliE CONDOMINIUM PLAN REFERRED TO ABOVE.
PARCEL 2:
LNING UNIT NO, 86, AS SHOWN UPON mE CONDOMINIUM PLAN REFERRED TO ABOVE,
page 1 of 2
~
. . '.
. 3023
EXHIBIT "A"
LegalDescription o/Property
DONOTREMOVE THIS PAGE
.
PARCEL3:
THE EXCLUSNE RIGHT TO USE, POSSESSION AND OCaJPANCY,OF THOSE PORTIONS OF
pARCEll DESCRIBEDAB0VE,SHOWN AS EXCLUSIVE USE'MEAS,WHICH BEAR THE SAME
NUMBER AS THE LNINGUNITDESCRIBED IN PARCEL 2 ABOVE AS SHOWN ON THE
CONDOMINIUM PlAN REFERRED TO ABOVE,
PARCEL 4:
A NONcEXCl.USNE EASEMENT FDR INGRESS AND EGRESS OVER THE:CDMMON,AREA OF
PHASEs 2 THROUGH 8 DEsCRIBED;IN DEUARATION OFRESTRICTlONS, WHICH EASEMENT IS
APPURTEN!\NTTO PARCEis 1, 2 AND 3 DESCRIBEOABOVE, THE CDMMON AREA REFERRED TO
HERElN.AsTO'EACH OF'SUCHl'HASESSHALL BE AS SHOWN AND DESClUBED ON THE
CONDOMINIUM PlAN CbVERiNGiACH SUCH PHASE RECORDED'IN THE OFFICE OF THE
COUNTY RECoRDER OFSAN.biEro CDUNTY, CAlIFORNIA, EXCEPTING THEREFRQMIANY
RESIDENTIAL BUlLoINGS'THEREON MiD ANY PORTION THEREOF WHICH MAY BE DESIGNATED
AS AN EXCLUSIVE USE AREA,
PARCEL 5:
A NON-EXCLUSNE EASEMEI'/Tf9R:'INGRESS AND EGRESS ANDUTIUlY PURPOSES ON AND
ACROSS THAT CERTAIN REAL PROPERTY DESCRIBED ON EXHIBIT ':C" TO THEDEctARATION
OFRESTiuciIoNS, SUBJECTYb THE DEClARATION OF RESTRICTIONS AND IRREVOCABLE
OffERS TO DEDICATERW !iROPERTY FDR' PUBIlCHIGHWAYPURPOSES, RECORDED AUGUST
12, 1981 ASINslRUM,ENT NO, 8"1:256847 AND OCTOBER 26,1981 AS INSTRUMENT NO 81-
337989 OF OFFICIAL RECORDSOt SAN DIEGO COUNTY, CAUFDRNIA,
PARCEL 6:
A NON-EXCl.USIVE EASEMENT ON.AND OVER LOT 5 OFCITYOF POWAY TRACT NO: 3926-3,
ACCORDING TO MAP THEREOF NO"'l()346, BLED IN THE OFBCE OFTHE CDUNlYRECORDER
OF SAN DIEGO COUNTY, CAlIFDRNIA, ON FEBRUARY 26, .1982 AND DB=INEDIIS RECREATION
AREA IN', RECITAL F OF THEDEUARATION'OF RESTRlc-rrONsFoR ACCEsS,U'SE, ENJOYMENT,
ING~AND'E~It'?S 91' THEAMENIl1ES'LOCATED THEREON SUBJECT TO THE TERMS AND
PROVISIONS OF THE DEClARATION OF RESTRICTIONS,
APN: 317-102-08c22
page 2 of 2