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Deed of Trust with Assignment of Rents 2004-0094740N�= /C/y1-J " G A'2004-0094740 �E CHRC GQ TITLE COMW4NY yr 1 6 7 4 5 SUBDIVISION DEPT. dam_— Fl--'B 05 9 '2004 3s 53 Pr-1 WHEN RECORDED MAIL TO: Poway Redevelopment Agency 13325 Civic Center Drive P.O. Box 789 Poway, California 92064 Order #33051208-U52 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 MAY: C IIIIII VIII VIII VIII III IIIIII VIII VIII VIII VIII VIII VIII IIII IIII DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST is made as of January 16, 2004 between POWAY - NIERMAN LIMITED PARTNERSHIP, a California Limited Partnership, herein called TRUSTOR, whose address is 3900 Fifth Avenue, #130, San Diego, California 92103, CHICAGO TITLE COMPANY, herein called TRUSTEE, and the POWAY REDEVELOPMENT AGENCY, herein called BENEFICIARY, WffNESSETH: That Trustor grants to Trustee in trust; -with power of sale, that property in the City of San Diego, County of San Diego, State of California, described as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. together with the rents, issues and profits. thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) that promissory note in the amount of $197,679.32 made by Trustor in favor of Beneficiary, and extensions or renewals thereof, (2) the performance of each agreement of Trustor incorporated by reference or contained herein, and (3) payment of additional. sums and interest thereon which may hereafter be loaned to Trustor, or.his successors or assigns, when evidenced by promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is:mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964; and in all other counties August 18, 1964, in the book and at the page.of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: DOCSOCU 0I 2727v3\22345.0000 16746 COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK .PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Alpine 3 130 -31 Lake 437 110 Plumes 166 1307 Amador 133 438 Lassen 192 367 Riverside 3778 347 Butte 1330 513 Las Angeles T3878 874 Sacramento 5039 124 Cahlveras 185 338 Madera 911 136 San Benito 300 405 Colnsa 323 391 Mann 1849 122 S. Bemardino 6213 768 Contra Costa 4684 1 Mariposa 90 453 S. Francisco A -804 596 Del Norte 101 549 Mendo;.inn 667 99 S. Joaquin 2855 293 El Dorado 704 635 Merced 1660 753 S. Luis Obispo 1311 137 Fresno 5052 623 Modoc 191 93 San Ma[eo 4778 175 Glenn 469 76 Mono 69 302 Santa Barba. 2065 881 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 hryo 165 672 Nevada 363 94 Shasta 800 633 Kam 3756 690 Orange 7182 18 San Diego 1964 149774 Series 5 COUNTY BOOK PAGE Sierra 39 187 Siskiyou 5116 762 Solano 1287 621 Soon. 2067 427 Stunislaue 1970 56 Sutler 655 585 Tehanra. 457 183 1 rinity IDS 595 Tulare 2530 108 Tuolumne 177 160 Ventura 2607 237 Y.I. 7b9 16 Yuba 398 694 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms andprovisions contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law, The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address herembefore set forth. DOCSOCV 012727v3522345.0000 POWAY- NIERMAN LIMITED' PARTNERSHIP, a California Limited Partnership By: Nierman Pomerado G.P., LLC, a California Limited Liability Company, (Its General Partner) By: i '�sttan es S. Nierman, rustee of the James.S. Nierman Trust dated May 9, 1990, (Its Manager) WI, 15747 ALL - PURPOSE ACKNOW State of California County of :So On 1 N\D v` oae, personally appeared before me, MICHaLE PAt1UNE HETTERGOTT @Commission L# IM219 MyCamm.F.)0resN%or23.M1 Notary , Public - California son Diego-County, Place Notary Seal Above: ss. personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed to the within instrument and acknowledged to me�ri�eelshe/they executed the same in is er ttheir uthortzed capacity(ies), and that by is er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and teattachment of this form_ to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 National Notary Association • 8950 De Solo Ave., P D Pox 2402 • Chatsworth CA 913134402 mvw.oaLOnalnoUry.org, Prod. No, 5907 Reortleo Call Toll -Free 1900 -876 6827 C_,. EXHIBIT A LEGAL.DESCRIPTION THAT CERTAIN PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1, OF PARCEL MAP NO. 13714, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OP SAN DIEGO COUNTY, MARCH 12, 1985 AS FILE NO. 85- 080780 OF OFFICIAL RECORDS. PARCEL B: NON - EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS AND FOR THE PASSAGE OF MOTOR VEHICLES INTO, OUT OF, ON, OVER AND ACROSS THOSE-CERTAIN EASEMENTS DESCRIBED IN, - ARTICLE .1 OF THAT CERTAIN DOCUMENT ENTITLED "RECIPROCAL MUTUAL ACCESS, EASEMENT AGREEMENT", RECORDED JULY 2, 1985 AS FILED NO. 85- 238010 OF'OFFICIAL RECORDS, IN THE, OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 317- 153 -24 Exhibit A -1 DOCSOC \l 012727v3\22345.0000