Loading...
Deed of Trust and Security Agreement 2009-0677890' ' R°_CORbED AT TI4E EOUEST OF \ ' "CHICAGO TITLE COMPANY 1 4 SUBDIVISION DEPT. \�I COMPLIMENTARY RECORDING REQUESTED PURSUANT TO I I GOVERNMENT CODE SECTION 27383 City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: Redevelopment Agency Housing Manager DEC 08, 2009 8:00 AM OFFICIAL RECORDS 'SAN NE60 COUNT'( RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER e ry q FEES 000 WAYS 2 6I 2 DA 1 PAGES: 13 Ps I ?:no)'o•Ll i2 DEED OF TRUST AND SECURITY AGREEMENT CITY OF POWAY (BEGIN PROGRAM) NOTICE TO BORROWER THIS DEED OF TRUST CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS �7 THIS DEED OF TRUST AND SECURITY AGREEMENT Deed of Trust ") made this ro I day of DUehAQ{_ , 2005 among the trustor, Joseph and Marissa Fuenffinger ( "Borrower "), whose address' is 12829 Yukon Way, Poway, CA 92064, and Chicago Title ("Trustee "), the City of Poway (the "City ") as Beneficiary. The Borrower, in consideration of and as security for the loan of funds to the Borrower by Agency, irrevocably grants, transfers, conveys and assigns to Trustee, in trust, with power of sale, the property located in the and more commonly known as: 12829 Yukon Way, Poway, CA 92064 (the "Property "). 1. BORROWER, IN CONSIDERATION OF.' THE INDEBTEDNESS HEREIN RECITED AND THE TRUST HEREIN CREATED, HEREBY IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to Trustee in trust, with power of sale and right of entry and possession, all of Borrower's right, title and interest now held or hereafter acquired in and'to the'following: (a) all of that-certain real property (the "Property ") located at [Insert Property Address] in the City of Poway, County of San Diego, State of California, which is more particularly described in the attached Exhibit A which is incorporated herein by this reference; and (b);all buildings, improvements and fixtures now or hereafter erected thereon, and all appurtenances easements, and articles of property now or hereafter affixed to, placed upon or used in connection with the Property, together with all additions to, substitutions for, changes in or replacements of the whole or any part of said articles of property; all of which are hereby pledged and assigned, transferred, and set over onto Trustee, and for purposes this Deed of Trust declared to be part of the realty; provided, however, that furniture and other personal property of Borrower now or hereafter situated on said real property are not intended to be included as part of the Property. DCC # 2009 - 0677890 111111111III1111 11111III11111111111 III1111111111111111111111111111 1552 \03 \701460.3 67 2. FOR THE PURPOSE OF SECURING 2.1 Repayment of the indebtedness evidenced by that certain Promissory Note of the Borrower dated as of D&4b44 _k $ , 20Q�,,to the benefit of the City of Poway and entitled BEGIN Program Promissory Note (the "Note ") of the Borrower in the principal amount Fifty -Eight Thousand Eight Hundred Fifty-Six Dollars ($58,856), together with simple interest on such indebtedness according to the terms of the Note, and any and all amendments, modifications, extensions or renewals of the Note. The Note and this Deed of Trust are subject to the terms, conditions, and restrictions of the State of California BEGIN Program as set for the in the,Healftand Safety Code section 50860.et sN. and implementing guidelines adopted by the California Department of Housing and Community Development, all of which are hereby incorporated by reference. 2.2 Payment of such additional sums, with interest thereon: (a) As may hereafter be borrowed from Lender by the then - record owner of the Property and evidencedby a promissory note or notes reciting that it or they are so secured and all modifications, extensions, or renewals of the Note; and (b) As maybe incurred, paid, or advanced by Lender, or as may otherwise be due to Trustee or Lender, under any provision of this Deed of Trust and any modification, extension, or renewal of this Deed of Trust; and (c) As may otherwise be paid or advanced by Lender to protect the security or priority of this Deed of Trust. 2.3 Performance of each obligation, covenant, and agreement of Borrower contained in' this Deed of Trust, the Note, or any other document executed by Borrower in connection with the loan(s) secured by this Deed of Trust, and all amendments to these documents whether set forth in this Deed of Trust or incorporated in this Deed of Trust by reference. 3. BORROWER COVENANTS Borrower hereby covenants to maintain and protect the security of this Deed of Trust, to secure the full and timely performance by Borrower of each and every obligation, covenant, and agreement of Borrower'under the Note and this Deed of Trust, and as additional consideration for the obligation(s) evidenced by the Note, Borrower covenants as follows: 3.1 Title. That Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that Borrower will warrant and defend generally the title of the Property against all claims and demands subject to any declarations, easements, or restrictions listed in the schedule of exemptions to coverage in any title insurance policy insuring Lender's interesfin the Property. 2 1552 \03 \701460 3 6714 3.2 Payment of Principal and Interest That Borrower shall promptly pay, when due, the principal and interest on the Note, and such other charges as are provided in the Note, and such other amounts as are provided under this Deed of Trust. 3.3 Maintenance of the Property (a) To keep the Property in a decent, safe, sanitary, tenantable condition and repair and permit no waste thereof; (b) not to commit or suffer to be done or exist on or about the Property any condition causing the Property to become less valuable; (c) remove, demolish or structurally alter any buildings and improvements now or hereinafter located on the Property; (d) to repair, restore or rebuild promptly any buildings or improvements on the Property that may become damaged or be destroyed while subject to the lien of this Deed of Trust; (e) to comply with all applicable laws; ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and not to suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property; (f) not to initiate or acquiesce inIany change in any zoning or other land use or legal classification which affects any of the Property without the Lender's written consent; and (g) not to alter the use of all or any part of the Property without the prior written consent of the Lender. 3.4 Appear and Defend Borrower shall appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Lender or Trustee; and to pay all costs and expenses, including cost of evidence•of title and attorney'sSees in a reasonable sum, in any such action or proceeding in which the Lender or Trustee may appear, and in any suit brought by the Lender to foreclose this deed. 3.5 Payment,of Taxes and Utility Charges Borrower shall pay, at least ten (10) days before. delinquency all taxes and assessments affecting the Property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, fines and impositions attributable to the Property, leasehold payments or ground rents, if any and any interest on'the Property or any part thereof, all costs, feesand expenses of this trust. Borrower shall make such payments when due, directly to the payee thereof. Borrower shall promptly furnish'to Lender all notices of amounts due under this paragraph, and Borrower shall promptly furnish to Lender'receipts evidencing all such payments made. 3.6 Insurance To keep the Property insured with loss payable to the Lender, against loss or damage by fire and such other hazards, casualties and contingencies and by such companies on.such forms and in the amount of the replacement cost ofthe Property, and to deliver the original.of all such policies to the Lender, together with receipts satisfactory to the Lender evidencing payment of the premiums. All such policies provide that the Lender shall be given thirty (30) days advance written notice of the cancellation, expiration or termination of any such policy or any material change in the coverage afforded.by it. Renewal policies and any replacement policies, together with premium receipts satisfactory to the Lender, shall be delivered to the Lender at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the Lender shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. All insurance proceeds for such losses must be utilized for the repair or restoration of the insured property. 1552 \03 \701460 3 6745 3.7 Pavments and Discharge of Liens Borrower will pay, when due, all claims of every kind and nature which might or could become a lien on the.Property or any part thereof; provided, however that the following are excepted from this prohibition: (a) liens for taxes and assessments which are not delinquent although by law are given the status of a lien, and (b) such of the above claims as are, and only during the time they are, being contested by Borrower in good faith and by appropriate legal proceedings, and Borrower shall post security for the payment of these contested claims as may be requested by the Lender. Borrower shall not default in the payment or performance of any obligation secured by a lien, mortgage or deed of trust which is superior to this Deed of Trust. 3.8 Assumption of Loan Borrower acknowledges that this Note is given in connection with the purchase of the Property as part of a program of the City of Poway to assist in the purchase of homes by low and moderate income households. Consequently, the.principal and interest due under this Note are assumable only by (i) income - qualifying households as approved by the City and (ii) only after five years from the recordation of the Deed of Trust securing this Note. The Note'is due in full upon all other Transfers; except those permitted under Section 4.11 below. 4. IT IS MUTUALLY AGREED THAT 4.1 Application of Pavments Unless applicable law provides otherwise, all payments received by Lender under the Note and Section 2.1 shall be applied by Lender first to interest payable on the Note and then to the principal due on the Note. 4.2 Future Advances Upon request by Borrower, Lender, at Lender's option, may make future advances to Borrower. All such future advances, with interest thereon, shall be added to and become a part of the indebtedness secured by this Deed of Trust when evidenced by promissory note(s) reciting that such note(s) are secured by this Deed of Trust. 4.3 Disbursements to Protect Lender's Secuiity All sums disbursed by Lender to protect and preserve the Property, this Deed of Trust, or Lender's security for the performance of Borrower's obligations under the Note shall be and be deemed to be an indebtedness of Borrower secured by this Deed of Trust. 4.4 Protection of Lender's 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 Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearance, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any amounts disbursed by Lender pursuant to this Section 4.4, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. 1552 \03 \701460.3 6746 Unless Borrower and Lender agree to of payment, such amounts shall be payable upon notice from Lender to-B'orrower requesting payment, thereof, and shall bear interest from the date of disbursement at the highest rate permissible underapplicable law. Nothing contained in this Section 4.4. shall require Lender to incur any expense or take any action hereunder. 4.5 In" pection :.Lender or its agent may make or cause to be made reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to any such inspection specifying reasonable cause for the inspection. 4.6 Awards and "Damages All judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction'of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be paid to the Lender. The Lender is authorized:and'empowered (but not required) to collect and. receive any such sums and is authorized to apply;them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the Lender shall determine +at its•option. The Lender shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount, of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Lender may be released to Borrower upon such conditions as the Lender may impose for its disposition. Application of all or any part of the amounts collected and received by the Lender or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Borrower, or if, after notice by Lenderto Borrower that the condemnor offers to make an award or- settle "a,claim for damages, Borrower fails, to respond to Lender within thirty (30) days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair the Property or to the sum secured by this Deed of Trust. 4.7 Prohibition on Transfers of Interest With the exception of the transfers permitted in Section 4.11 below, if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Security Instrument to be: immediately due and payable. If Lender exercises.such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with,Section 6.9 hereof. Such notices shall provide a;period of not less than 30 days from the date the notice is• mailed within which Borrower may pay the sums declared due: If borrower fails to pay such sums'prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by Section 5.2(a) hereof. 4.8 Sale or Forbearance No sale of the Property, forbearances on the part of the Lender or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability-of Borrower either, in whole or in part. 4.9 The Lender's Rights to Release Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant 1552 \03 \701460 3 6747 hereto), including without limitationtany one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time,to time without notice: (a) The Lender may at its;sole discretion, (i) release any person now or hereafter liable for _payment of any or all such indebtedness. (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting pursuant to the'written request of the Lender, may reconvey all or any part of the Property, consent to the making of any map or plot thereof, join in granting any assessment thereon, or join in any such agreement of extension or subordination. 4.10 Reconveyauce Upon payment of all sums secured by this Security Instrument, Lender shall request'Trustee to reconvey the Property and shall surrender this Security Instrument and all notes:evidencing indebtedness secured by this Security Instrument 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. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. 4.11 Reguirement'of Owner - occupancy and Permitted Transfers Borrower shall occupy the Property as Borrower's principal place of residence during the term,as described in the Note. Notwithstanding any other provision of the Note or this Deed of Trust, the following transfers shall not be deemed to be a default under the Note or this Deed of Trust and shall not cause acceleration of payment of the BEGIN Loan: , (a) A transfer to another income - qualifying household after five years from the recordation of the deed of trust securing the BEGIN loan. (b) The transfer of the Property to the surviving joint tenant by devise, descent or operation of the law, on the death of a joint tenant. (c) A transfer of the Property where the spouse becomes an owner of the Property; (d) A transfer of the Property resulting from a decree of dissolution of marriage or domestic partnership, legal separation or from:arrincidental property settlement agreement by'which the spouse or domestic partner becomes an owner of the Property. (e) A transfer by Borrower to an inter vivos trust in which the Borrower is and remains the sole beneficiary and Borrower continues to occupy the Property. 4.12 Subordination Notwithstanding any other provision hereof, the provisions of this Deed of Trust shall be subordinate to the lien of Bank of America (the "Senior Lender ") and shall not'impair,the rights of Senior Lender, the Senior Lender's successors or assigns, to exercise its remedies under the Senior Lender Deed of Trust in the event of default under the Senior Lender Deed of Trust (defined below) by the Borrower. Such remedies under the Senior Lender-Deed of Trust include the right of foreclosure or acceptance of a deed or 1552103M1460.3 6"x48 assignment in lieu of foreclosure. After such foreclosure or'acceptance of a deed or assignment in lieu of- foreclosure, this Deed of Trust shall be forever terminated and shall have no further effect as to the Property or any transferee thereafter; provided „however, if the holder of such Senior Lender Deed of Trust acquires title to the Property pursuant to a deed or assignment in lieu of foreclosure, this Deed of Trust shall automatically terminate upon such acquisition of title, only if either a notice of default was recorded under the applicable Senior Lender Deed of Trust or, if no notice of default was recorded, (i) the Borrower has been given written notice of default under such Senior Lender Deed of Trust (which requirement may be satisfied by recordation of a notice of default under California Civil Code Section 2924), (ii) the Lender has been provided with written notice of Borrower's default, provided Lender records a request for notice under Civil Code Section 2924b, and (iii) Borrower or its designee shall not have cured the default within sixty (60) days of such notice. As used in this Deed of Trust, Senior Lender Deed of Trust shall mean the deed or deeds of trust securing the loan or loans from the Senior Lender to Borrower. 5. EVENTS OF DEFAULT 5.1 Events of Default Any one or more of the following events shall constitute a default under this Deed of Trust (a) failure of the Borrower to pay the indebtedness secured hereby or any installment thereof, whether principal, _interest or otherwise, when and as the same become due and payable, whether at maturity or by acceleration or otherwise; or (b) failure of Borrower to observe or to any covenant condition or agreement to be observed or performed by Borrower pursuant to the Note or this Deed of Trust including but not limited to the occupancy of property by Borrower provision; or (c) the occurrence of any event.which, under the terms of the Note, shall entitle the Lender to exercise the rights or remedies thereunder; or (d) the occurrence of any event which, under the terms of the First Note and First Deed of Trust shall entitle the Lender to exercise the rights or remedies thereunder. 5.2 Acceleration and Sale (a) Acceleration Except as provided in Section 4.7, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, upon Borrower's failure to make any payment or to perform any of its obligations, covenants and agreements pursuant to the Note Lender shall mail notice to Borrower as provided in Section 6.9 hereof specifying: (i) the breach; (ii) the action required to cure such breach; (iii) a date, no less than.30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (iv) that failure to cure such breach on or before the date specified in the notice may resultin 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 any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender at Lender'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. Lender shall be entitled to collect from the Borrower, or sale,proceeds, if any, all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees. 1552\03 \701460.3 6749 (b) Borrower',s Right to Reinstate Notwithstanding Lender's acceleration of the sums secured by,this Deed of Trust, Borrower will have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if. (i) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note, had no acceleration occurred; (ii) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, remedies including, but not limited to, reasonable attorneys' fees; and (iii) Borrower takes such action as Lender may reasonably. require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums 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 will remain in full force and effect as if no acceleration had occurred. (c) Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and safe as may then be required by law, and without demand on Borrower Trustee shall sell the Property at the time and place of sale fixed by it. in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United.States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Borrower, Trustee or the Lender, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee and of this Deed of Trust, Trustee shall apply the proceeds of sale to the payment of the principal indebtedness hereby secured, whether evidenced by the Note or otherwise, or representing advances made or costs or expenses paid or incurred by the Lender under this Deed of Trust, or the secured obligations or any other instrument evidencing or securing any indebtedness hereby secured and to the payment of all other sums then secured thereby, including interest as provided in this Deed of Trust, the secured obligations or any other such instrument,,in such order as the Lender shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto. (d) Assignment of Rents; Appointment of Receiver; Lender in Possession Upon acceleration under Section 5.2(a) hereof or abandonment of the Property, Lender (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 (if any) including those past due. All rents collected by Lender or the Receiver shall be applied first to payment of the costs of management of the Property and collection of rents including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to account only for those rents actually received. The provisions of this paragraph and Section 5.2(a) shall operate subject to the claims of prior lien holders. 1552\03 \701460.3 6'750 53 Exercise'of Remedies; Delay. No exercise of any'right or remedy by the Lender.or Trustee: hereunder, shall ,constitute,,awaiversofany other right or remedy herein contained.or provided.by law, and no delay„ bythe1ender or Trustee.m exercising - any such right or remedy hereunder shall operate as a waiver 'thereof or preclude the exercise thereof during the continuance ofany default hereunder. 5.4 Trustee Substitution The irrevocable power to appoint a substitute trustee or trustees hereunder is hereby expressly granted to the Lender, to be exercised at any time hereafter, without specifying any reason therefore by'filing for. record in the.office where this Deed of Trust is recorded,a deed of'appointment, and said_power of appointment of successor trustee or trustees may be exercised as often as and whenever the Lender deems advisable. The exercise of said power of appointment, no matter-how often, shall not be deemed an exhaustion thereof, and'upon recording of such deed or, deeds of,appointment, the trustee or trustees so appointed shall- thereupon „without further act or deed of conveyance; succeed to and become fully vested with identically the same title.and estate in and to the Property hereby conveyed and with all the rights, powers, trusts and duties of the,predecessor in the trust hereunder, with the like effect as if originally names as trustee or as one of the trustees. 5.5 Remedies Cumulative No remedy herein contained or conferred upon the Lender or Trustee is intended to be exclusive of any other remedy'or remedies afforded by law or by the terms hereof to the Lenderor Trustee but each and every such remedy shall be cumulative and shall be in,addition to every other remedy given hereunder or now or hereafter existing at law or in equity. 6. MISCELLANEOUS PROVISIONS 6.1 Successors, Assigns; Gender, Number The covenants and agreements contained, in this Deed of Trust shall bind,.and the benefit and advantages under it shall inure to, the respective. heirs, executors administrators, successors and assigns of the parties. Wherever used, the singular;number shall include the plural, and the plural th_es_singular and the use of any gender shall be applicable-to all genders. 6.2 Headings The headings are inserted only:tbnconvenience of reference and in no way define, limit, or describe the scope or intent'of this Deed of Trust, or of any particular provision thereof, or the proper construction thereof. 6.3' Actions on Behalf of the Lender Except as otherwise specifically provided herein, whenever any approval, notice, direction, consent, request or other action by the Lender is required or permitted under this Deed of Trust, such action shall be in writing. 6.4 ' Terms . The words "the Lender” means the present Lender,.or any future owner or holder, including pledgee of the indebtedness secured hereby. 6.5 ; Obligations of Borrower If more than one person has executed this Deed of Trust as "Borrower," the obligations of all such persons hereunder shall be joint and several. 1552 \03 \701460 3 6751 6.6, lncorporation by Referenees The provisions of the BEGIN Program security instruments and the documents relating to thatprogram'are:incorporated by reference as though set out verbatim. 6.7 Severability If any provision of this Deed of Trust shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. 6.8 Indemnification Borrower will indemnify, and hold the Lender, its officers and agents harmless against any and all losses, claims, demands, penalties and liabilities which the Lender, its officers or agents may sustain or suffer by reason of anything done or omitted in good faith pursuant to,or in connection with this Deed of Trust and not assert any claim against the Lender, its officers or agents by reason of any action so taken or omitted. Borrower shall, at Borrower's expense, defend, indemnify, save and.hold the Lender, its officers and agents harmless from any and all claims, demands, losses, expenses, damages, (general, punitive or otherwise) ,•causes of action (whether legal or equitable in nature) asserted by any firm, rm, corporation or other 'entity arising out of this Deed of Trust and Borrower shall pay the Lender upon demand all.claims, judgments, damages, losses.or expenses (including reasonable legal expense) •incurred:by the Lender as a result of any legal action arising out of this Deed of Trust. 6.9 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 mailing such notice by certified, mail directed to the Property Address or any other address Borrower designates by notice to Lender as provided herein; and „(b);any notice to Lender shall be given by certified mail, return receipt requested, to Lender's mailing address.stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for irrthis Deed of Trust shall deem to have been given to Borrower or Lender when given in the manner designated herein. 6.10 Beneficiary Statement Lender may collect a fee for furnishing the beneficiary statement in an amount not to exceed the amount as provided by Section 2943 of the Civil Code of California. 6.11 Use' of Property Borrower shall not permit or suffer the use of any of the Property for any purpose other than as a single family residential dwelling. [Signatures on following page] 10 1552 \03 \701460 3 6752 IN WITNESS WHEREOF, Borrower has executed this Deed of "Crust on the day and year set forth above. By signing below, Borrower agrees to the terms and conditions as set forth above. MAILING ADDRESS FOR NOTICES: Joseph and Marissa Fuenffinger 12829 Yukon Way Poway, California 92064 SIGNATURE OF BORROWER(s): By: ♦ 1 By: (Print Name) Acknowledgements 11 1552 \03 \701460.3 6753 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 1) '1 - W-0 , before personally appeared Notary Public, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(ts / are subscribed to the within instrument and acknowledged to me that he /Ce /they executed the same in his / L!ei /their authorized capacity(ies), and that by his ie /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CAM HATFIELD COMM 9 1715898 '9 'A NOTARY PUBLIC - CALIFORNIA VI SAN DIEGO COUNTY MY COMM, ExP. JAN 12. 1011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , before me, personally appeared E&C � Notary Public U Notary Public, 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. WITNESS my hand and official seal. Notary Public 12 1552 \03 \701460 3 EXHIBIT Order No.: PS 175 1 020-U 12 6754 LEGAL DESCRIPTION LOT 20 OF CITY OF POWAY TRACT NO. 06 -06 THE MEADOWS, IN THE CITY OF POWAY, COUNTY OF S.�N DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15715 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY VLARCH 5, 2009. END OF LEGAL DESCRIPTION END OF LEGAL DESCRIPTION CLTA Preliminary Report Fom - Modified (11- 17 -06) Page 3