Deed of Trust with Absolute Assignment of Lease and Rents, Security Agreement and Fixture Filing 2003-0690581
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, ~ . DOC , 2003-0690581
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RECORJ)~rG R Fr.)l TF S:I.gB-BY )
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AND WHEN RECORDED MAIL TO ) OFFICIAL RECORDS
) SANDIE60 moov RECORDER'S OffiCE
CITY OF POWAY ) GREfJllRY J, SMITH. COUNTY RECORDER
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9
'-1W DEED OF TRUST WITH ABSOLUTE ASSIGNMENT 2
Nf OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
THIS DEED OF TRUST WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust") is made this 10th day of
June, 2003, among the Trustor, POWAY MANUFACTuRED HOME COMMUNITIES, LLC, a
.limited liability company, the sole member of which is a California nonprofit public benefit
corporation (herein "Borrower"), U.S. BANK NATIONAL ASSOCIA nON (herein "Trustee"), and
the Beneficiary, the CITY OF POWA Y, a California municipalcorporation, whose address is 13325
Civic Center Drive, Poway,California 92064 (herein "City").
BORROWER, in consideration of the indebtednes~ herein recited and the trust herein
created, irrevocably grants and, conveys to Trustee, in trust, with power of sale, the property located
in the County of San Diego, State of California described in Attachment No. I hereto and
incorporated' herein by thiSTeference.
TOGETHER with all;development rights or credits, air rights, water, water rights and water
stock related to the real property, and all minerals, oil and gas,.andother hydrocarbon substances in,
on or undei the. real property, and all appurtenances, easements,.rights and rights of wi\Y appurtenant
or related thereto, all buildings, other improvements and fixtUres now or hereafterlocated on the real
property, including, but not limited to, all apparatus, equipment,and.appliances used,intheoperation
or occupancy of the real property, it being intended by the parties that all such items shall be
conclusively considered to be a part of the real property, whether or not attached or affixeq.to the real
property (the "Improvements"); all interest or estate which Borrower may hereafter acquire in the
property described"above,and all additions and accretions thereto, and the proceeds of any of the
foregoing; (all of ihe foregoing, including the property described in Attachment No. I being
collectively referred to as the "Property"). The listing of specific rights or property shall not be
interpreted aSia limit of general' terms,
DOCSOC\973805vl \22345.0078
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TO SECURE to City the repayment of the indebtedness evidenced by Borrower's note dated
June 10, 2003, and extensions and renewals thereof (herein "Note"), in the principal sum of U.S.
$Ten Million Six Hundred Fifteen Thousand with interest thereon, and such additional amounts as
may become owing to City pursuant to that certain Loan Agreement entered into by and between the
City and the Borrower dated as of June I, 2003 (the "Loan Agreement"), which is on file with the
City as a public record and IS incorporated herein by this reference; 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 herein contained (collectively the 1
"Secured Obligations").
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Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has 4
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 9
title to the Property against alLclaims and demands, subject to encumbrances ofrecord. 3
UNIFORM COVENANTS. Borrower and City covenant and agree as follows:
1. Payment of PrinCipal and Interest. Borrower shall promptly pay when due the
principal and interest indebtedness evidenced by the Note as provided in the Note.
2. Application of Payments. Unless applicable law provides otherwise, all payments
received by City under the Note and paragraph I hereof shall be applied by City first in payment of
interest on the Note, and then to the principal of the Note.
3. 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 payor 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 paymenIs or ground rents, if any
4. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss as required by Article VI of the Loan Agreement.
The insurance carrier providing the insurance shall be chosen by Borrower subject to
approval by City; provided, that such approval shall 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 shall have 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 30 day as 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.
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5. Preservation and Maintenance of Property; Duty to Rebuild; Leaseholds;
Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and
shall.not commit waste or. permit impairment or deterioration of the, Property If all or any portion of
the Property is damaged or destroyed by fire or other casualty, it shall be the duty of Borrower to
rebuild, repair or reconstruct said portion of the Property in a timely manner which will restore it to
MunicipaLand Uniform Cocle compliance condition.
6. Protection of City's Security. If Borrower fails to perform the covenants and 1
agreements contained in this Deed of Trust, or if any action or proceeding is commenced which
materially affects City's interest in the Property, then City, at City's option, upon notice to Borrower, 9
may make such appearances, disburse such sums, including reasonable attorneys' fees, and take such 4
action as is necessary to protect City's interest. If City required mortgage.insurance as a condition of 9
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 4
accordance with Borrower's and City's written agreement or applicable law
Any amounts disbursed by City pursuant to this paragraph 6, with interest thereon
from the date of disbursement at the rate of eight percent (8%) per annum, compounded annually,
shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower
and City agree to other terms of payment, such amounts shall be payable upon notice from City to
Borrower requesting payment thereof. Nothing contained in this paragraph 6 shall require City to
incur any expense or take any action hereunder
7. Inspection. City may make or cause to be made reasonable entries upon and
inspections of the Property, provided that City shall give Borrower notice prior to any such
inspection specifying reasonable cause'therefor related to City's,interest in the Property
8. Condemnation. The proceeds of any award or 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.
9. Borrower Not'Released; Forbearance By City, Not a Waiver. Extension of the
time for payment or modification of amortization of the suinssecured 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 Trustby reason of any demand made by the
originalBorrower 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
10. Successors and Assigns Bound; Joint and Several Liability. 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 15 hereof. All
covenants and agreements of Borrower shall be joint and several.
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11. Notice. 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
ot by mailing such notice bycertified.mail addressed to Borrower at 625 Broadway, Suite 611, San
Diego, California 92101 Attn: Executive Director or at such other address as Borrower may
designate by notice to City as provided herein, and (b) any notice to City shall be given by delivering
it or by mailing such notice by certified mail addressed to City at 13325 Civic Center Drive, Poway,
California 92064 or at such other address as City may designate by notice to Borrower as provided
herein. Notices given by personal delivery shall be deemed received upon delivery Notices sent by 1
certified mail shall be deemed received three (3) days after mailing,
12. Governing Law; Severability. The state and local laws applicable to this Deed of 9
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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 9
or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect 5
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.
13. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of
the Property or any interest in it is sold or transferred, City may, at its option, require immediate
payment in full of all sums secured by this Deed of Trust. However, this option shall not be
exercised by City if exercise is prohibited by federal law as of the date of this Deed of Trust, or if
City has executed a separate written waiver of this option.
If City exercises this option, City shall give Borrower notice of acceleration. The
notice shall provide a period of not less' than 30 days from the date the notice is delivered or mailed
within which Borrower must pay all sums secured by this Deed of Trust. If Borrower fails to pay
these sums prior to the expiration of this period, City may invoke any remedies permitted by this
Deed of Trust without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and City further covenant and agree as
follows:
14. Acceleration; Remedies. The following events shall constitute grounds for
acceleration and upon the occurrence of any of the following events, the Promissory Note shall
become due and payable immediately-
(a) The filing of any claim of lien against the Property and the continuance of the
claim of lien for forty'five (45) days without discharge, satisfaction, or provision for payment
being made.
(b) The breach of any of Borrower's representations or warranties when made in
the Agreement, unless such breach is cured, or commenced to be cured and diligently
pursued to completion, within ten (I 0) days after notice by holder.
(c) The breach of any of Borrower's obligations in the Agreement, including
without limitation the obligations concerning maintenance and operation of the Property as
set forth. therein and in the Regulatory Agreement among the Borrower, the Trustee and the
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City, dated,;as of May 1, 2003, unless such breach is cured, or commenced to be cured and
diligently pursued to completion, within forty-five (45),days after notice by holder or the City
of Po way
(d) The sale, transfer or conveyance of the Property without the prior written
approval ofthe holder
(e) Breach of any term ofthe Deed of Trust. 1
Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of
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Trust, including the covenants to pay when due any sums secured.by this Deed of Trust, City prior to
acceleration shall give notice to Borrower as provided in paragraph II hereof specifying: (1) the 4
breach; (2) .the action required to cure such breach; (3) a date by which such breach must be cured; 9
and (4) that failure to cure such breach on or before the date specified in the notice may result in 6
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 other defense of Borrower to acceleration and sale. If the
breach is not cured on or before the date specified in the notice, Borrower shall be in default
hereunder ("Default") and 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 14, including, but
not limited ,to, reasonable attorneys' fees. In the event of a Default hereunder, Beneficiary and/or
Trustee shall further have the 'right to apply to a court of competent jurisdiction for and obtain
appointment of a receiver for the Property as a matter of strict right and without regard to the
adequacy of the security for the, repayment of the Secured Obligations, the existence of a declaration
that the Secured Obligations are immediately due and payable, or the filing of any notice of default,
and Borrower hereby consents to such appointment.
If City invokes the 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 applicable 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
tillfe and place and under the terms designed 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 auhe time and place of any previously scheduled sale, City or City's designee
may purchase the Property at any sale.
Trus!ee 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
prima facie evidence ofthe,trust of the statements made therein. Trustee shall apply the proceeds of
the sale in the follo,wing order (a) to all reasonable costs and expenses of the sale, including, but not
limited to, reasonable Tiustee's and attorneys' fees and costs oftitle evidence; (b) to all sums secured
by the Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto.
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DOCSOC\973805vI122345.0078
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15. 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 days
before sale ofthe Property pursuant to the power of sale contained in this Deed of Trust or at any
time prior to entry ofa 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 1
the covenants and agreements of Borrower contained in this.Deed of Trust, and in enforcing City's
and Trustee's remedies as provided in,paragraph 15 hereof, including, but not limited to, reasonable 9
attorneys' fees; and (d) Borrowertakes such action as City may reasonably require to assure that the 4
lien of this Deed of Trust, City's interest in the Property and Borrower's obligations to pay the sums 9
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 7
acceleration had occurred.
16. Assignment of Leases and Rents. Borrower hereby irrevocably assigns to City all
of Borrower's right, title and interest in, to and under (a) all leases of the Property or any portion
thereof"alllicenses and agreements relating to the management, leasing or operation of the Property
or any portion thereof, and all other agreements of any kind relating to the use or occupancy of the
Property or any portion thereof, whether now existing or entered into after the date hereof
("Leases"); and (b) the rents, issues, deposits and profits of the Property, including, without
limitation, all amounts payable and all rights and benefits accruing to Borrower under the Leases
("Payments"). The term "Leases" shall also include all guarantees of and security for the lessees'
performance thereunder, and all amendments, extensions, renewals or modifications thereto which
are permitted hereunder This is a present and absolute assignment, not an assignment for security
purposes only, and City's right to the Leases and Payments is not contingent upon, and may be
exercised without possession of, the Property
City confers upon Borrower a license ("License") to collect and retain the Payments
as they become due and payable;until the occurrence of a Default under this Deed of Trust. Upon a
Default, the License shall be automatically revoked and City may collect and apply the Payments in
such manner as City shall determine in its sole discretion without notice and without taking
possession of the Property Borrower hereby irrevocably authorizes and directs the lessees under the
Leases to rely upon and comply with.any notice or demand by City for the payment to City of any
rental or other sums which may at any time become due under the Leases, or for the performance of
any of the lessees' undertakings under the Leases, and the lessees shall have no right or duty to
inquire as to whether any Default ,has actually occurred or is then existing hereunder Borrower
hereby relieves the lessees from any liability to Borrower by -reason of relying upon and complying
with any such notice or demand by City
The foregoing irrevocable Assignment shall not cause City to be: (a) a mortgagee in
possession; (b) responsible or liable for the control, care,.management or repair of the Property or for
performing any of the terms, agreements, undertakings, obligations, representations, warranties,
covenants and conditions.ofthe Leases; or (c) responsible or liable for any waste committed on the
Property by the lessees under any of the Leases or any other parties; for any dangerous or defective
condition of the Property; or for any negligence in the management, upkeep, repair or control of the
Property resulting in loss or injury or death to any Lessee, licensee, employee, invitee or other
person. City shaIi not directly or indirectly be liable to Borrower or any other person as a
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consequence.oL (i) the. exercise or faililre to exercise'any..ofthe rights, remedies or powers granted
to City hereundei;,ot'(ii) the faililteor refusal of City to perform or discharge any obligation, duty or
liability of BOITower arising under the Leases.
17. Security Interest. Borrower hereby grants and assigns to City as of the date this
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Deed ofT,rust is.recotdeda security',interest, to secure payment and performance of all of the Secured
Obligations, in an of the following described personal property in which Borrower now or at any
time hereafter has any interest (collectively, the "Collateral")' 1
All goods, building and other materials, supplies, work in process, 9
equipment, machinery; fixtures, furniture, furnishings, signs and other 4
personal property, wherever situated, which are or are to be
incorporated into,.used in connection with, or appropriated for use on 9
the real property described on Attachment No I attached hereto and 8
incorporated by reference herein (to the extent the same are not
effectively made a part of the real property); the Improvements;
together with all rents, issues, deposits and profits of the Property (to
the extent, if any, they are not subject t~ paragraph 16 above); all
inventory, accounts, cash receipts, deposit accounts, accounts
receivable, contract rights, general intangibles, chattel paper,
instruments, documents, notes, drafts, letters of credit, insurance
policies, insurance and condemnation awards and proceeds, any other
rights to the payment of money, trade' names, trademarks and service
marks arising. from or related to the Property or any business now or
hereafter conducted thereon by Borrower; all permits consents,
approvals, licenses, authorizations and other rights granted by, given
by or obtained from, any governmental entity with respect to the
Property; ,all deposits or other secunty now or hereafter made with or
'given to utility companies by Borrower with respect to the Property;
all advance payments of insurance premiums made by Borrower with
respect to the Pr(jperty; all plans, drawings..and specifications relating
to the Property;, all loan funds held by City, whether or not disbursed;
all funds deposited with City pursuant to any loan agreement; all
reserves, deferred payments, deposits, accounts, refunds, cost savings
and payments of any kind related to the Property or any portion
thereof; tog~ther with,all replacements. and proceeds of, and additions
and accessions to, any of the foregoing; together with all books,
records and files relating to any of the foregoing.
As to all ofthe above described personal property which is or which hereafter becomes a "fixture"
underapplicabIelaw; this Deed of Trust constitutes a fixture' filing under Sections 93 I3 and 9402(6)
of the California Uniform Commercial Code, as amended or recodified from time to time.
Borrower represents and warrants that: (a) Borrower has, or will have, good title to
the Collateral; (b);Borrower .has not previously assigned or encumbered the Collateral, and no
financing statement covering any of the Collateral has been delivered to any other person or entity
without City's consent;' and (c) Borrower's principal place of business is located at the address shown
above.
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In addition to City's rights as a "Secured Party" under the California Uniform
Commercial Code,as amended or recodified from time to time ("UCC"), City may, but shall not be
obligated to,;at.any time without notice and at the expense of Borrower' (a) give notice to any person
of City's rights hereunder and enforce such rights at law"or in equity; (b) insure, protect, defend and
preserve the Collateral or any rights or interests of City therein; (c) inspect the Collateral, and
(d) endorse, collectani:I receive,any right to payment of money owing to Borrower under or from the
Collateral. Notwithstanding the above, in no event shall City be deemed 10 have accepted any
property other than cash in satisfaction of any obligation of Borrower to City unless City shall make 1
an express written election of said remedy under UCC S9505, or other applicable law
Upon the occurrence of a Default under this Deed of Trust, then in addition to all of 9
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City's rights as a "Secured Party" under the UCC or otherwise at law' 9
(a) City may (i) upon written notice, require Borrower to assemble any or all of 9
the Collateral and make it available to City at a place designated by City;
(ii) without prior notice, enter upon the Property or other place where any of
the Collateral may be located and take possession of, collect, sell, and dispose
of any or all of the Collateral, and store the same at locations acceptable to
City at.Borrower's expense; (iii) sell, assign and deliver at any place or in any
lawful manner all or any part of the Collateral and bid and become purchaser
at any such sales; and
(b) City may, for the account of Borrower and at Borrower's expense:
(i) operate, use, consume, sell or dispose of the Collateral as City deems
appropriate for the purpose of performing any or all of the Secured
Obligations; (ii) enter into any agreement, compromise, or settlement,
including insurance claims, which City may deem desirable or proper with
respect to any of the Collateral, and (iii) endorse and deliver evidences of title
for, and receive, enforce and collect by legal action or otherwise, all
indebtedness and obligations now or hereafter owing to Borrower in
connection with or on account of any or all of the Collateral.
Notwithstanding any other provision hereof, City shall not be deemed to have accepted any property
other than cash in satisfaction of any obligation of Borrower to City unless Borrower shall make an
express written election of said remedy under UCC S9505, or other applicable law
Borrower hereby irrevocably appoints City as Borrower's attorney-in-fact (such
agency being coupled with an interest), and as such attorney-in-fact City may, without the obligation
to do so, in City's name, or in the name of Borrower, prepare, execute and file or record financing
statements, continuation statements, applications for registration and like papers necessary to create,
perfect or preserVe any of City's security interests and rights in or to any of the Collateral, and, upon
a Default hereunder, lake any other action required of Borrower; provided, however, that City as
such attorney-in-fact shall be accountable only for such funds as are acrually received by City
Except as otherwise provided in this paragraph 17 or in the Loan Agreement, so long
as no Default exists under this Deed of Trust or the Loan Agreement, Borrower may possess, use,
move, transfer or dispose of any of-the Collateral in the ordinary course of Borrower's business and
in accordance with the Loan Agreement.
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18. Reconveyance. Upon payment of all sums..secured by this Deed of Trust, City shall
request Trustee to reconvey the Property and shall sljrrel1cter 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,
19. Substitute Trustee. City, at City's option, may from time to time appoint a
successor trustee to any Trustee appointed hereunder by ,an instrument executed and acknowledged 1
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 City, Trustee and Borrower, the book and page 9
where this Instrument is recorded and the name and address of the successor trustee. The successor 5
trustee shall, without conveyance ofthe Property, succeed toall'thetitle, powers and duties conferred
upon .the Trustee herein and by applicable law This procedure for substitution of trustee shall 0
govern to the exclusion of all other provisions for substitution, 0
20. Request of Notices. Borrower requests that copies of the notice of default and notice
of sale be sent to Borrower's address set forth in paragraph 11 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 one 'of this Deed of Trust, as provided by Section 2924(b) of the Civil
Code 'of California.
21. Statement of Obligation. City may collect a fee not to exceed $50 for furnishing the
statement of obligation as provided by Section 2943 of the Civil Code of California.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.
POW A Y MANUFACTURED HOME
COMMUNITIES, LLC, a California limited liability
company
By' W akelandHousing and.Development
Corporation, a California nonprofit public
benefit corporation
BY' ,J~~~~
Kenneth L. Sauder, Executive Director
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CERTIFICATE OF ACCEPTANCE
This is tocertifY'that the interest in real property conveyed by written deed of trust dated June 10,
2003, from,the PowayManufactured Horne Communities, LLC, to the City of Poway, a municipal
corporation, is hereby ~"cepted by the undersigned officer on behalf of the City of Po way pursuant to
the authority conferred by the City Council of the City of Poway on June 10, 2003 and the grantee
consents to recordation thereof by its duly authorized officer
Dated this 10th day of June 2003 1
9
By' 5
0
1
DOCSOC1973805v 1 \22345,0078
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STATE OF CALIFORNIA )
~ lli ) ss.
. COUNTY OF bO )
On ~)~\L \():~\!)'S ,beforeme}\ ,
I (Print Name ofNotaryPublii::)
personally appeared ~ "N\J..'>:" L ~(~ "/.-
1
~ personally known to me 9
-or-
D proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are 5
subscribed to the within iristfumentand acknowledged to me that he/she/they executed the same 0
in hislherltheir authorized capacity(ies), and that by hislher/their signature(s)on the instrument the 2
~ - ":' - '" reISe!l~}:6'1'#tlll!lR'Wrpon behalf of whIch the person(s) acted, executed the instrument.
~ M,,:I'flIFP uNEHEffiRG()
- CO'""'ISSlOC # 1298219 z I~EtmY hand and official seal
~ ~ Nota, { PUDllc - California ~ ~ .
z _ ~
SIJI1 DiegO County
~ - - - ~::'~~'~~v~~~f \ (}( \
Sigrlatun:: Of Notary
OPTIONAL
Though the data below is not reqiiired,bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent.reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A TT ACHED DOCUMENT
D Individual
D Corporate Officer
Title(s) Tttle Or Type Of Document
D Partner(s) D Limited
D General
D Attorney-In-Fact
D Trustee(s)
D Guardian/Conservator Number Of Pages
D Other:
Signer is representipg:
Name OfPerson(s) Or Entity(ies)
Date Of Documents
Signer(s) Other Than Named Above
DOCSOC\973805v 1 \22345.0078
, . .
STATE OF CALIFORNIA )
~ SJ\ ) :ss.
COUNTY OF f\. ~O~ )
On -S~~ \t>,Ll:bS ,beforeme, \M~ (\\)\'M.. ~\\, otaryPublic,
\ \ l S (Print Name of Notary Public)
personally appeared . , lJ)[\~ ~~.... .\) (-\l ~ J
I
aB personally known to me 9
~ 5
o proved to me on tile basis. of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the withininstrurnentand acknowledged to me that lie/she/they executed the same. 0
in hislher/their authorizedcapacity(ies), and that by hislhefltheir signature(s) on the instrumentthe 3
~. _ _ _. ,pe.r',<,n~(:;J.".o.r~'" "uponi15eh, alfofwhichtheyersonls) acted, executed the,instrument. '{
MlGIiUf IWJlJNE HE'TTffiGOTT r
~, ij'. N~I~".~rrpli~S,bri~ # ~~, ii~~i~~ w~SS~mYha~nd and~officl~'1 "~I \~,~~
~ ~., S,Jrl Diego Co,~nty ~ 1 \ \ ' 1 \ ,t\ \ ' .
.MI~::n":fxDre5Wor23,= " . \. ,\ .l\\J \,,~ . I
_ _ ";'i.~, ',J"'-:~._ _ _ . .I - ' ,-\
. Signature or Natary .
OPTIONAL
Thoughlhe data below is not required by 'Ia\v; it may prove valuable to persons relying on Ihe document and could pteVent
frauduIentreattachment oflhis form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
o Individual
o Corporate'0fficet
Title(s) Title Or Type Of Document
o Partner(s) 0 Limited
o General
o Attorney-In-Fact
o Trustee( s)
o Guai~l~m/Conservator Number Of Pages
o 0lher:
Signer is !ep.!~e.se~!~g:
Name OfPeison(s) Of_Eiitity(ies)
Date Of Documents
Signer(s) Other Than-Named Above
DOCSOC\973805vl \22345 .0078
, . .
.
ATTACHMENT NO.1
PROPERTY DESCRIPTION
That real property located in the State of California, County of San Diego, City of Poway, and
described as follo\\ls: I
PARCEL A, ~
PARCEL 3 OF PARCEL MAP NO 19J98, IN THE CITY OFPOWAY, COUNTY OF SAN 5
D
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE 3
OF THE SAN DIEGO COUNTY RECORDER APRIL 1,2003 AS FILE NO 2003-0363326,
OFFICIAL RECORDS. A
PARCEL B
PARCEL 2 OF PARCEL MAP.NO, 16078, IN THE CITY OFPOWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE
OF THE SAN DIEGO COUNTY RECORDER MAY 4, 1990 AS FILE NO 90-244918, OFFICIAL
RECORDS.
A-I
DOCSOC\973805v 1 \22345.0078