Deed of Trust and Assignment of Rents 2008-0596316
RECORDiNG REQUESTED BY:
,-fIRST AMERICAN TITlE
~~f~q!~F66\'1ERNMEN'
~""~'CODE6193,... '
1\ AND WilEN RECORD Ell MAIL TO
{o CITY OF POW A Y
H Redevelopment Agency
j, 13325 Civic Center Drive
J Poway, CA 92064
I AUn: Luisa Tumini
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Tit1eOrderNo, # O-SA 2891951 ,- A j>r
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DOC # 2008-0596316
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NOV 18, 2008 8:00 AM
OFFICI,o,L F:ECORDS
';,1\1-1 DIEGO COllllI'i RELORDER'S OFFICE
13REGORY,j SMITH. COWITYRECOF:[lER
FEES: 0.00 WAYS: 2
[lA:
PAGES: 5
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303
SPACE ABOVE THlti LINt:. I-UK t<(l::L;UKUl::I'(";:' u;:'c;
DEED OF TRUST AND ASSIGNMENT OF RENTS
BY THE DEED OF TRUST, made this 17'h day of October, 2008. between William J Lauritzenand Natsuko Lauritzen, herein
called Trustor, whose address is:
13736 Midland Road
(number and street)
Poway
(City)
CA
(State)
92064
(Zip)
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:
Trustor also assigns to Beneficiary all rents, issues and profit of said realty reserving the right to collect and use the same except
during 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 of $19.880.00
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 trust were 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
Alameda 3540 89 Kings 1018 394 Placer 1528 440
Alpine 18 753 Lake 743 552 Plumas 227 443
Amador 250 243 Lassen 271 367 Riverside 1973 139405
Butte 1870 678 Los Angeles T8512 751 Sacramento 731025 59
Calaveras 368 92 Madera 1176 234 San Benito 386 94
Colusa 409 347 Marin 2736 463 San Bernardino 8294 877
Contra Costa 7077 178 Mariposa 143 717 San Francisco B820 585
Del Norte 174 526 Mendocino 942 242 San Joaquin 3813 6
EI Dorado 1229 594 Merced 1940 361 San Luis Obispo 1750 491
Fresno 6227 411 Modoc 225 668 San Mateo 6491 600
Glenn 565 290 Mono 160 215 Santa Barbara 2486 1244
Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 713
Imperial 1355 801 Napa 922 96 Santa Cruz 2358 744
Inyo 205 660 Nevada 665 303 Shasta 1195 293 San Diego
Kern 4809 2351 Orange 10961 398 Sierra 59 439
The provision~ contained in Section A, including paragraph 1 through 5, and the provisions contained in Section 8, 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 requeststliat 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.
SI~E?~RITZEN
SEE ATTACHED "EXHIBIT A" LEGAL DESCRIPTION
APN No: 317-762-37-21
COUNTY
Siskiyou
Solano
Sonoma
Stanislaus
Sutter
Tehama
Trinity
Tulare
Tuolumne
Ventura
Yolo
Yuba
MUST ATTACH NOTARY ACKNOWLEDGMENT
Page Book
697 407
1860 581
2810 975
2587 332
817 182
630 522
161 393
3137 567
396 309
4182 662
1081 335
564 163
File No.
73,299568
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.. - .
.JU'31
DO NOT RECORD - Provisions incorporated from'Recorded Fictitious Deed of Trust
A. TO PROTECT.THE SECURITY HEREOF, TRUSTOR AGREES:
(I) To keep' said propertj.:in'good-condition-and'-repair, presene thereon the buildings,comph~te'-constructiim begtin,_restore damage'or destruction, amI pay the cost thereof; to
commit or permit no waste, Do,violation,of laws'or'cov'enailts or conditions relating to use"alterations,or improvementsj'to cultivate, irril!;ate"fertiliie, fumigate, prune, and do all
other acts which the character and use of said'PT.operty and the estate or interest in said property selC.ll;red'by~this'p'eed of:Trust may require to presen>e tbis security.
(2) Tu provide, maintain ~nd deliver to Bene~ciary fire insurance satisfactory to and with loss payabletoB~f1eficia.ry, The amount collected under any fire or other insurance policy
may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determined, or Beneficiary ~ay releas~ all or any part thereof to Trustor.
Such application or relellse s,hal_' no't cure or w~ive any defaulfor notice of default hereunder or im:alidate any a.ct ~one pursuant to such notice.
(3) To appear in and defend,any action or, proceeding purporting to affect the security hereof or the rights,or powers of Beneficiary or Trustee;,and to pay all costs and expenses,
including cost of.evidence (If title and attorney's (ees in a reasonable s~m,in any such aCtion or proceeding in whicti Beneficiary or Trustee may appear.
(4) To pay: at least tel1'day~ before dc'!inquency all taxes 'and assess~ents affecting said property, including:assessments -on appurtenant water stock; when due, all incumbrance,
charges and liens'\t:it~ interes,t"oo.s_aid property or any part thereof, which appear to be prior or superior heretoj all costs, fee and eXI)t'nses of this Trust.
Should Trustor f~i1 t~ '~ake' an'y 'p~yment or to do any act.as herein prol'ided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon
Trustor and without releasing Triisto-r: from any obli~ation tiereof, inay; make or do the same in such manner and to such extentas either may deem necessary to protect the security
hereof. Beneficiary or Trustee being authorized to enter upon said property for ~uch 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 incumbrance,charge,or lien which in the judgment of either appears to be prior or
superior her-eto;'and,in exercising any such power..., pay necessary' expenses, employ coun~el and pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by BenefiCiary or Trustee, ,",'ith interest from date of expenditure at sewn percent per annum, and to pay for any
statement provided for any law reganling the obligations secured hereb:r in the amount demanded by Beneficiary, not exceetling the maximum amount permitted by law at the time
of the request thereof.
B. IT IS MtlTUALLY AGREED THAT:
(I) Any award of damages in connection with any condemnation foi-, public u~e of or injury of said property or any part thereof-is hereby assigned to lJeneliciary, who may apply or
release such moneys receil"Cd by him in the ~ame manner and ~'iththe same effect as provided for disposition of proceeds of fire or other insurance.
(2) .By accepting payment of any sum secureu hereby after its.due date, Beneficial")' does not waive his right either to require'payment when due of all other sums so secured or to
declaredeCault for failure so to pa)'.
(3) At any tim~ or from time to time"without liability therefore and without notice, upon written reque~t of Be,n~ficiary and IlTesentation of this Deed and s8id note for endorsement,
and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Tru~tee may: reconvey and part of said property; consent to the making of
any map thereofj-join in granting any easement thereon; or join in_ a~y agreement extending or suhordinating the lien or change hereof.
(4) UIIOlI written request of Beneficial")' ~tating that all sums secured herehy h8l'Cbeen paid, aod upon surrender of this Deed and ~~Iid note to Trustee for (ancellation and retention
and upon payment of its fees, Trustee shall reconvey without ,,:arran!)", the' proper!)' then held hereunder. The recitals in such reconveyance of any matters or facts shall be
conciu~il'e prouf of tht;' trUlhfulness thereof. The grantee in such reconl'eyance may he described as "the person or Jlerson~ legally entitled thereto."
(5) Upon default hy Truslor in payment of any indebtedne~s ~ecured hereb)' or in ]lerformance of any al!;reement'hereunder, Beneficiary may declare 311 sums secured ht;'reby
immediately due llnd jlavahle by delivery' to Trustee of written declaration of default and demand for sale ~lnd of written notice of default and of election to rau.'>e said property to be
sold, which notice Trust~e shall cause to be dul)' filed for record. Beneficial")' also shall deposit with Trustee this 'Deed, said 110le and all uocument~ evidencing expenditures secured
hereby.
Trustee shall gh'e_ notice of sale lIS then required hy law, and without demand on Tru'tor, lit least three months having elapsed after recordation ofsuch notice of default, shall sell
said.prollerty at Ihe time and ]llace of s.ale fhed hy it in ,aid ~otice of sale, either as a whole or in sqlarate parcels and,in such order as it mllY determine, at public auction to the
highest bidder for cash in la~yful mone)' of the United States,.payahle at time of sale.
Trustee ma)' postpone sale of all or any portion (if said prrlperty hy public announn'ment at such time llnd Illace of sale, and from time to time therea,fter may postpone such sale by
puhlic announcement at the time fixed by the precetlin~ postponement. Trustee shall delil'Cr In such purchaser its deed conHying the property so sold, but without any covenant or
warranty, cl]lressed or imlllied. The recitals in such deed of any matters or facts shall be conclusil'C proof of the Irulhfulncss thereof. Any person, including Trustor, Trustee, or
Benefi~iary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and C'\penses of Trustee, and of this Trusl, including cost of Cl'idence of title in connection wilh sale, Trustee .'>hall apply the proceeds of sale to
payment of: ~III sum_~ e:\Jlended under the terms hereof, not then repaid, with accrued interest at seven percent per annumj all nlher sums then secured hereby; and the remainder, if
any,;to the pe,rson or persons legally entitled thel.etll.
(6) This Deed applies, to. inures to the henefit of, and.binds allllarties hereto, their legal representatin and successors in interest. The term BenefiCial")' shall, include any'fulure
owner and holder; including pledges, of the note secured hen-by. In this Deed, whenel'er,the cllnte:\t so requires, the masculine gender includes the feminine andlor neuter, and the
sin'gularnumberincludes the plural,
(7) Trustee accepts this Trust when this Ill-ed, dul)' e:\ecuted and acknowledJ:ed, is made a public recnrd 3sprovided by law. Trustee is not ohligated to notify lmy pal'ty hereto of
jlending sale under any other Deed <If Trust nr of any actinn or proceeding in which Trustor, Beneficial')' IIr Trustee "hall be a llilrty unless brou~ht b)' Tru.stee.
(8) TheTrustsrreated hereb)'areirrevorableb)'Trustor,
(9) IJeneficiary may substitute a successor Trusll'e fmm time 10 time b)' rl'cording in the Office of the Recorder of Recorden of the county' where the propel-ty is Illcated an
instrument stating the election b the Beneficiary to make such sul1stitution, which instrument shall identifylhe Deed of Trust hy recording reference, and by the n~lme of the original
Trustor, Trustee and Beneficiary, aod ,hall set forth the name ~lfld address of the new Trustee, and which instrument shall be si~netl hy the BenefiCial")' and duly acknuwlt'dged.
REQUEST FOR FULL RECONVEYANCE
T() be used only when note has heen paid
To: Comorehensive Housinq Services. Inc. Trustee
The undersigned is the,legal owner-and.holder of all indebtedness secured by thfs Deed of trust. All sums secured by said Deed of Trust'have
been paid, and you are requested, 011, payment to you of any sums owing to you under the terms of. said Deed of Trust, to cancel all evidences of
indebtedriess"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.
Date
Mail Reconveyance to:
BY:
BY:
Do Ilot dl.:~lroy tllis DCI.:J of Trust UR THE NOTE, which itsccurl.:S,
80th must he delivered to the Trustee for cancellation bcj(Jri.~ rccollvcyacnewill be made.
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305
EXHIBIT"A"
Legal Descriptiofl a/Property
DO NOTREMOVE THIS PAGE
Real property in the Oty ofPoway, County of San Diego, State of California, described as follows:
A CONDOMINIlJM COMPOSED OF:
PARCEL 1:
AN UNDMDED 1/48TH FRACTIONAL INTEREST IS TEtjJ\NT IN COMMON IN AND TO:
',"' LOT 1 OF 01Y OF'P,OWAYWCT NO. 87-10, IN THE 01Y OF POWAY, COUNTY OFSAN. DIEGO,
STATE OF CAUFOR~IA,AC<;:ORDING TO MAP THEREOF NO;.)12668, FILED IN THEOFACE'OF
THE COUNlYRECORDEROF SAN DIEGO COUNlY, JULY 24, 1990,
EXCEPTING THEREFROM :A.LL PHASE SEPARATE INTERESTSIN SPACE AND UVING UNITS IS
SHOWN, UPON .A.NDDEFINEDIN THE CONDOMINIUM'RICAN PHISES 1. AND 2, COUNTY ROADS
CONDOMINIUMSiRECORDEDINTHE OFFICE OF THE COUNlY'RECORDER OF SAN DIEGO
COUNlY, CAliFORNIA, ON JULY 21,1992 AS INSTRUMENT NO. 92-455864 OF OFFICIAL
RECORDS.
PARCEL 2:
.A.NUNDMDED If24TH FRACTIONAL INTEREST AS TENANT IN COMMON IN AND TO,THE
PHISE l.SEPARATE IffrERESrIN SPACE AS SHOWN UPON AND DEFINED IN THE ABOVE
DESCRIBED CONDOMINiuM PLAN.
EXCEPTING THEREFROM ALL LMNG UNITS LOCATED THEREIN AS SHOWN UPONTHE
CONDOMINIUM PLAN REFERRED TO ABOVE.
PARCEL 3:
UVING'UNITNO. 4S, AS SHOWN AND DEFINED UpoN THE CONDOMINIUM PLAN REFERRED TO
ABOVE.
PARCEL 4:
THE !'J{CLUSNE RIGtlI'TO THE USE, POSSESSION AND'OCCUPANCY OF THOSE PORTIONS OF
PARCEL2 DESCRIBED ABOVE WHICH ARE DESIGNATED ,ON THE CONDOMINIUM PLAN
REFERRED TO ABOVE AS "EXCLUSNE USE COMMON, AREAS" BEARINGTHE"SAME NUMBER AS
THE'LM:NGUNIT DESCRIBED IN PARCEL 3 A80VE, WHICH SHALL BE ApPURTE'NANT TO
PARCEL3DESCRIBED ABOVE.
PARCEL 5:
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND RECREATIONAL USE, ON, OVER AND
UNi:!ER\:rH~ PH,6,SE COMM9N~REAoFPHASE 2 AS SHOWN URONTHE CONDOMINIYM PLAN
REFERRED TO ABOVE;EXCEP.l1NG THEREFROM ANY CONDOMINIUM BUILDING THEREON AND
,ANyj)9R!ld,NrHEBE9FWHI~HiSDESIGNATEDAS AN. EXCLUSIVE USE COMMOt;l AREA,
WHICH,EASEMENT'SHALLBE APPURTENANT TO PARCEL 3,DESCRIBEDABOVE. THIS NON,
EXCLUSNEEASEM8rr SHALL BECOME EFFECTIVE UPON RECORDATION OF A NOTICE'OF
COMPIiTION'FOR AI.L'ClF'THE IMPROVEMENTS LOCATEDINSUCHPHASE2 AND FURTHER
SUElJEci: TO THECONDmONS AND RESTRICTIONS SET FORTH IN RECITAL "J" OF THE
DECLARATION RECORDED JULY 21, 1992 AS INSTRUMENT NO. 92-455805, OFFICIAL RECORDS.
APN: 317-762'37-21
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306
CALlFORNiA.AIJA:tUIRPOSE ACI.<~QW~Ep,C!~E~T .
~~_'':'''''_'':'''''_-__~_~A _.~~, _ __ - L::~~A~A~A~:~ ~.---'-'A_A':""';'~A~
State of California
}
County of. San Diego
On ll:iMt7f 17,Z(JtJ? before me,
Dale j I
peisonaily appeared WI f., L/ A/11 .J
Phyllis Shinn, Notary Public ,
Lf1W~/TZE# H~;;'AI:::~:;; Ltu~/rz?/Y
Name(s)oISigner(s) .
1I~ - - - - - - - - -, - . - ,- - - - . ~
.' PllYUlOlHlNN"
CominlNton"'l7711898, .
i Notary PuIlllc . ,CalIfomla I
. Ian DIego C,ounty. -
9
who proved to meonthe'baSis, 6flsjltisfactory evidence to
be the person(s) whose name(s) )$./are subscribed to the
within instrumeflt.and acknowledged to me that"
t)e/~/they executed the same in tnSmer/their authorized
capacity(ies); and ,that by, i)lsItll9i1tbeir signaiure(s) on the.
instrument the person(s), or the entity upon behalf of
which theperson(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.
Place NOlary Seal Above
Signature
ahd'Offi~
SignallJre,of Notary f:'l-lblic
OPTIONAL
Though theinformatlon below is ncJl/equiredby law, it may prove,vaflJable'topersons ielyinriimthe,document
and could prevent fraudulent removal and reattachment of thls'form to another document..
Description of Attached Document
-Tille or Type of Document:
Document Date:
Number of Pages:
. Signer(s) Other Than Named Above:
Capacity'(les) Claimed by signer(s)
TOp of lhumb,here
Signer's Name:
Dlndivicjual
o Corporate. Officer - TilIe(s):
o Pa.Hner - 0. limited 0 General
DAttorheYiliFact
o Trustee
o Guardian or Conservator
o Other:
Signer's Name,:
o Individual.
o Corporate'Officer- Tille(s):
o Pa.rtner -.0 limited 0 General
o Attorney in Fact'
'0 Trustee
o Guardla.n or Conserva.tor
o Other:
RIGHTTHUMBPRJNT
OF SIGNER
RIGHTrHUMBPRINT.
. OF SIGNER 1
TOp ollhumb here
. ,Signer Is Represen1.ing:
Signer Is Representing:
l>.<! ""'_ _~~~, _~~~:':.!!sl.!!!!i.!!!; __ _:::~c.:.;__~'~
C2001 Nalk"~a(Notal)',ASs0ci8tlon. 9350 Os. Solo Ave., P.O..Box 2402.' Chalsworth, CA 9131~?402. Www.~tiOnafNota_ry.orghem '5.907 ReordBr:callToI-Free 1~Q0-876-6827
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY THAT THE NOTARY SEAL ON THE DOCUMENT TO WIIICH
TI'IIS STATEMENT IS ATTACHED READS AS roLLOWS:
NAME OF NOTARY:
PHYLLIS SHINN
DATE COMMISSION EXPIRES:
NOVEMBER 9. 201 I
COUNTY WHERE BOND IS fiLED: SANDIEGO
COMMISSION NUMBER:
1778898
VENDOR NO:
NNAI
PLACE OF EXECUTION:
SANTA ANA, CA
DATE:
11/17108
SIGNATURE:
c~~
FIRST AMERICAN TITLE INSURANCE COMPANY
/1;
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