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Deed of Trust and Security Agreement 2009-0696883�a R:CORDED AT TPT-. .EOUEST OF CHICAGO TITLE COMPANY SUBDIVISION DEPT COMPLIMENTARY RECORDING, REQUESTED PURSUANT TO GOVERNMENT CODE;SECTION 27383 Poway Redevelopment Agency 13325 Civic Center Drive Poway, CA 92064 Attn: Executive Director I D 1-7 - (4 1 >—' DOC # 2009 - 0696888 11 11 11 1 11 1 1 1 11 1 11 11 111 11 11 1 1 111111 11 11 111 1 1 1 11 11 11 111 1 1 11 1 1 111111 II DEC 17, 2009 8:00 AM OFFICIAL RECORDS SAP! DIEGO COUNT',' RECORDER'S OFFICE DAVID L BUTLER CiOUPITYRECORDER FEES CL 00 WAYS EA 1 PAGES: 13 DEED OF "TRUST AND SECURITY AGREEMENT (Poway Redevelopment Agency- SHOP Program) THIS DEED OF TRUST AND SECURITY AGREEMENT (' eed of Trust') made this day of R e&-hl ,.2017 ,among the truster Michael. nd,Cyntlii all (" orrower "), whose address is 12816 Dakota Street, Poway, CA 92061, and Chicago Title ( "Trustee "), and the Poway Redevelopment Agency (the "Agency ") 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 City of Poway, County of San Diego, State of California, described in the attached Exhibit,A and more commonly known as: 12816 Dakota Street, Poway, CA 92064 (the "Property. "). TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and TOGETHER with all fixtures now or hereafter attached,.wor used in and about the building or buildings now erected or hereafter to be erected on the Properly which are necessary to the complete and comfortable use and occupancy of such building, or buildings for the purposes ,forwhich =they were or are to be erected, including all other goods and all other personal property as are ever used or furnished in operating a building, or the activities conducted therein', "similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same, are or shall be attached to said building or buildings in any mariner (all of the foregoing, together with the Property, is herein referred to as.the "Security "). To have and to hold "the Security together with acquittances to the Trustee, its successors and assigns forever; 'TO SECURE to the Agency the performance of the covenants.and agreements of Borrower contained in that certain Resale Restriction Agreement and Option to Purchase I552W3\565868 4 8925 executed by and between the Borrower and the Agency of even date herewith (the "Resale Restriction Agreement "); - TO SECURE,the.payment of Excess Sales Proceeds (as defined,in.the Resale Agreement) and Excess Rents (as defined in the Resale Restriction Agreement) that may become due by Borrower to Agency; TO SECURE to the Agency'the.repayment of the sums in the amount of Twenty Five Thousand Four Hundred Ninety-Two Dollars ($25,492) evidenced by that certain promissory note executed by Borrower in favor of the Agency as of the date of this Deed of Trust (the "Note"); and TO SECURE 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. BORROWER AND AGENCY COVENANT AND AGREE AS FOLLOWS: 1. Borrower's Estate Borrower is the lawful owner of the Security with the right to grant and convey the' Security. Other than this Deed of Trust, the Security is encumbered only by those deeds of trust (collectively the "First Lender Deed of Trust") executed by Borrower secure 2 promissory notes (collectively the "First Lender Note ") executed by Borrower to.assist in the purchase of the Property in connection with a loan or loans made'to Borrower as follows: Name of Lender Bank Of America 1. 3. ,4. of Poway BEGIN Amount $270,168 $54;266 Date Deed of Trust Recorded All lenders listed above are collectively the "First Lender." Borrower agrees to warrant and defend generally the title and the Security against all claims and demands, subject.to any declarations, easements, or- restrictions listed in a schedule of. exceptions. to coverage in any title insurance policy insuring the Agency's interest in the Security. (As used in this Agency Deed of Trust, the term "First Lender" shall include all successors and assigns of the First Lender.) 2. : Repayment of Sums Owed.under Note and Resale Restriction Agreement Borrowerwill promptly pay to the Agency all sums due under the Note and the Resale Restriction. Agreement,.including all principal and any Excess Sales Proceeds and Excess Rents. The Note contains the following provisions concerning repayment: 1552\03 \565868 4 8926 Assumption ofNote'bySubseguent,Buyers Borrower acknowledges that this Note is,given inconnection'with the purchase of the Home (as defined in the Note) "as part of a program of'the Agency to assist in the purchase of homes by low and moderate income households. Consequently, this Note is assumable only by Eligible Buyers of the Home (as defrned.in the:Resale Restriction Agreement). Excess Rents and Ezcess•Sales Proceeds are, due at Transfer (as defined in the Note) including Transfer to an Eligible Buyer. The Note is due, in full upon all other Transfers. In the event this Note is assumed by an Eligible Buyer, the Eligible Buyer shall execute a new promissory note, deed of trust, resale restriction, and notice of affordability restrictions on transfer of property, with new forty -five (45) -year terms in forms approved by the Agency. 3. Resale Restriction Agreement Borrower will observe and perform all of the covenants and agreements of the Resale Restriction Agreement. 4. First Lender Loan Borrower will observe and' perform all of the covenants and agreements of the First Lender.Note, First Lender Deed of Trust and' First Lender loan documents. 5. Charges; Liens Borrower will pay all taxes, assessments and other charges, fines and impositions attributable to the Securitywhich may attain.a priority-over this Deed of Trust, by Borrower making anypayment, when due, directly to the payee thereof. Upon request by.the Agency, Borrower will promptly _furnish to the Agency all notices of amounts, ; due under this paragraph. In the event Borrower makes payment directly, Borrower will promptly discharge any lien which has priority over this Deed of Trust; provided, that Borrower will not.be.required. to discharge the lien of the Deed of Trust securing the First Lender Note (the "First.Lender Deed of Trust") or any other'lien'described in this paragraph so long`as Borrower will agree in writing to the payment.of the obligation secured by such lien in a manner acceptable to the Agency, or will, in'good faith, contest °such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Security orany''part thereof. 6. Hazard Insurance (a) Borrower will keep the'Security insured by a standard all risk property insurance policy equal tothe,currentreplacement value of the Security by appraisal, such policy shall, adjusted annually to reflecbchanges to local.building costs calculated on a per square foot basis. The Agency has the right, but not the obligation, to inform Owner ofthe'then- current replacement value of the. Home. If the Security is located in a flood plain, Borrower shall also obtain flood insurance. In no event shall'.the amount of insurance be, less than the amount necessary to prevent Borrower from becoming a co- insurer under the terms of the policy. The insurance carrier providing this insurance shall be.licensed to do business in the State of California and be chosen by Borrower subject to approval by the Agency. 1552 \03 \565868 4 8 27 All insurance policies and renewals thereof wiffbe in a`form acceptable, to the Agency, and will includ'e:a;standard mortgagee clause with standard lender's endorsement, in favor of the holder`of the First Lender Note and the.Agency as the'ir.interests may appeavand -in a form acceptable to,the�Agency. The Agency shall have the right to hold, or cause _its designated agent to hold;'the policies,and' renewals, thereof, and Borrower shall promptly furnish to the Agency, or its designated agent,,.the original insurance policies or certificates'of insurance, all renewal notices and -all receipts of paid premiums. In the event of loss, Borrower will give prompt notice to the insurance carrier and the Agency or its designated agent. The Agency, or its designated agent,, may make proof of loss if not made promptly by Borrower. The Agency shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section. Unless otherwise permitted by the Agency in writing, insurance proceeds, subject to the rights of the First Lender, will be applied to restoration or repair of the Security damaged. If permitted by Agency, and subject to the rights of the First Lender, the insurance proceeds shall be used to repay any amounts due under Section 21 of the Resale Restriction Agreement, with the excess, if any, paid to Borrower. If the Security is abandoned by. Borrower, or if Borrower fails to respond to'the Agency,.or its designated agent, within thirty (30) days from the date notice is mailed by either of them,to,Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Agency, or its designated agent, is authorized to collect and apply the insurance proceeds at the Agency's option either to restoration or repair of the Security or to pay amounts due under the Resale Restriction Agreement and the Note. If the Security is acquired by the Agency, all right, title and interest of Borrower in and any insurance policy and in and to the proceeds thereof resulting from damage to the Security prior to the sale or acquisition will pass to the Agency to the extent of the sums secured by this Deed of Trust immediate prior to -such sale or acquisition, subject to the rights of the First Lender. (b) During the course of any rehabilitation of the improvements located on the Property, Borrower shall hire only licensed contractors who maintain the following, forms of insurance: (i) Liability Insurance Comprehensive general, liability insurance against_liability for bodily injury to or death of any person or property damage arising out of an occurrence on onabout the Property. The limits'of such insurance shall be less than One Million Dollars,($ 1,000,000) combined single limit for bodily injury and property damage; naming the Agency, the,City+of Poway and their officers, employees, agents, board members and/or council members as additional insureds. (ii) Worker's Compensation Insurance Worker's compensation insurance covering all persons employed in connection with any work on the Property. 7. Preservation and Maintenance of Security Borrower will keep the Security in good repair and.in a neat, clean, and orderly condition and in accordance with all applicable laws, rules, ordinances', orders and regulations of all federal, state, county, municipal, and other 1552 \03 \565868 4 MM OO govemmental,agencies and bodies having or claiming ° jurisdiction and all their respective departments, bureaus, and officials; and will not commit waste or permit impairment or deterioration of the Security. If there arises a condition in,contravention of this Section 7, and if the Borrower has not cured such condition within thirty (30) days after receiving an Agency notice of such a condition, then in addition to any other rights available to the Agency, the Agency shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Security to, recover its cost of curing. 8. Protection of the Agency'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 the Agency's interest in the Security, including, but not limited to, default under the First Lender Deed of Trust, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Agency, at the Agency's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as it determines necessary to protect the Agency's interest, including but not limited to, disbursement of reasonable attorney's fees and entry upon the Security to make repairs. Any amounts disbursed, by the Agency pursuant to this paragraph, with interest thereon, will become an.indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Agency agree to other terms of payment, such amount will be payable upon notice from the Agency to Borrower requesting payment thereof, and will bear interest from the date of disbursement at the lesser of (i) ten percent (10 %); or (ii) the highest rate permissible under applicable law. Nothing contained in this paragraph will require the Agency to incur any expense or take any action hereunder. 9. Inspection The Agency may make or cause to be made reasonable entries upon and inspections of the Security; provided that the Agency will give Borrower reasonable notice of inspection. 10. Forbearance by the Agency Not a Waiver Any forbearance (refraining from enforcing a right, obligation or debt) by the Agency in exercising any right or remedy will not be a waiver of the exercise of any such right or remedy, nor shall acceptance by the Agency of any payment provided for in the Note constitute a waiver of the Agency's right to require prompt payment of any remaining principal and interest owed. The procurement of insurance or the payment of taxes or other liens or charges by the Agency will not be a' waiver of the Agency's_ right require payment of any amounts secured by this Deed of Trust. 11. Remedies Cumulative All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. 12. Hazardous Substances Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to. do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage 1 552 \03 \565868 4 on the Property of'small quantities of HazardousvSubstances that are generally recognized to be appropriate,to.norrnal residential uses and to maintehance.of therProperty. "Hazardous Substances" shall mean those substances defined as toxic or hazardous substances or hazardous waste under any Environmental Law, and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents', materials containing asbestos or formaldehyde, and radioactive materials. "Environmental .Law" shall mean all federal and state of California laws that relate to health, safety or environmental protection. Borrower shall promptly give Agency written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of:any Hazardous Substance affecting the Property is necessary, Borrower. shall promptly take all necessary remedial actions in accordance with Environmental Law. 13. Successors and Assigns Bound The covenants and_agreements herein contained shall bind, and,the rights hereunder shall inure to, the respective successors and assigns of the Agency and Borrower subject_to the provisions of this Deed of Trust. 14. Joint and Several Liability All covenants and agreements of Borrower shall be joint and several. 15. 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 will be',given by certified mail, return receipt requested, express delivery with delivery receipt or personal delivery with delivery receipt, addressed to Borrower at the address shown in the first paragraph of this.Deed of Trust or such other address as Borrower may designate by notice to the Agency as provided'herein, and (b) any notice to the Agency will be given by certified mail, return receipt requested express delivery with delivery receipt or personal delivery with delivery receipt, to the Agency 13325 Civic Center , Poway, CA 92064, Attn: Executive. Director, or to such other'address as'the Agency may designate by notice to Borroweras provided. above. Notice shall be effective as of the date received by Agency as shown on the return receipt. 16. Governing Law This Deed of Trust shall be governed by the laws of the State of California. 17. Severability In the event that any provision or clause of this Deed of Trust or the Resale Restriction Agreement conflicts with applicable law, such conflict will not affect other provisions',of this Deed of Trust or the Resale Restriction Agreement which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Resale Restriction' Agreement are declared to be severable. 1552\03 \565868 4 WE 18. Captions The captions and headings in this, of Trust are for convenience only and, are not be used to interpret or define the provisions hereof. 19. Nondiscrimination The Borrower covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of-race, color, religion, creed, age, disability, sex, sexual orientation, marital status, ancestry or national origin in the sale, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Borrower or any person claiming under or through the Borrower establish or permit any such practice or practices of discrimination or segregation-with reference to the use, occupancy, or transfer of the Property. The foregoing covenant shall run with the land. 20. NonliabiliWfor Negligence, Loss, or Damage Borrower acknowledges, understands and agrees that the relationship between Borrower and the Agency is solely that of a Borrower and the administrators of an Agency affordable housing program, and that the Agency does not undertake or assume any responsibility for or duty to Borrower to select, review, inspect, supervise, pass judgment on, or inform Borrower of the quality, adequacy or suitability of the Security or any other matter. The Agency owes no duty of care to protect Borrower against negligent, faulty,, inadequate or defective building or construction or any condition of the Security and Borrower agrees that neither Borrower, or Borrower's heirs, successors,or assigns shall ever claim, have or assert any right or action against the Agency for any loss damage or other matter arising out of or resulting from any condition of the Security and will hold Agency harmless from any liability, loss or damage for these things. 21. Indemnitv Borrower agrees to defend, indemnify and hold the Agency, the City of Poway and their officers „employees, agents, board members, and/or council members harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys fees that the Agency may incur as a direct or indirect consequence of: (a) Borrower's failure to perform any obligations as,and when required by the Note, Resale Restriction Agreement, Notice of Affordability Restriction on Transfer of Property, and this Deed of Trust; or (b) the failure at any time of any of Borrower's representations or warranties to be trueand:correct. 22. Acceleration; Remedies Upon Borrower's breach of any covenant or agreement of Borrower in the Note, Resale Restriction Agreement, Notice of Affordability Restriction on Transfer of Property, or this Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust, the Agency, prior to acceleration, will mail by express delivery with delivery receipt, notice to Borrower specifying; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is received by Borrower as shown on the return receipt, by which such breach is to be cured; and (4) if.the breach is curable; that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also inform Borrower of Borrower's right to reinstate after 1552 \03 \565868.4 89,31 acceleration and the'right to.bring a court action to assert4he•nonexistence of default or any other defense of Borrower to acceleration andsale. If the breach is not cured on or before the date specified in.the;notice, .the Agency, at the Agency�'s "option, may:. ',(a) 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 California law; (b) either. in person or by agent with,or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security,.in'its own name or in'the name of Trustee, and do any acts which it deems necessary or desirable to presery e the value -or marketability of the Property, or part thereof or interest therein, increase theincome therefrom or protect the security thereof._ The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in- response to such breach and, notwithstanding the continuance in possession of the Security, the Agency shall be entitled to exercise every right provided "for in ihis.Deed of Trust, or by law upon occurrence of any uncured' breach, including the right to exercise the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of -the covenants hereof; (d) deliver to Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of sale found at California Civil ,Code Sections 2924.et sue., as amended from time to time; or (e) exercise all other rights and remedies provided herein in the instruments by which the Borrower acquires title to any Securi ty .or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law. The Agency shall be entitled to collect all reasonable costs and expenses incurred in pursuing the'remedies provided in this,paragraph, including, but not limited to, reasonable attorney's fees. 23. B'orrower:s Right to Reinstate Notwithstanding the Agency's acceleration of the sums secured by this Deed of Trust, Borrower will have the right to have any proceedings begun by the Agency to enforce this Deed " of Trust discontinued at any time prior to five (5) days.before sale of the Security pursuant to the power of sale contained in this'D'eed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays'Agency.all , suins which would be thendue under this Deed of Trust and no acceleration under this Deed.of Trust, the Note, or the Resale Restriction Agreement has occurred; (b) Borrower cures all breaches any other covenants or agreements of Borrower contained in the Note, Resale Restriction Agreement,.or this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Agency and'Trustee,in,enforcing the covenants and agreements. of Borrower contained.in the Note, Resale Restriction Agreement, or this Deed of Trust, and in enforcing the Agency's and Trustee's remedies, including but not limited to, reasonable attorney's fees; and (d) Borrower takes such action as:Agency may reasonably require to assure that the lien of this Deed of Trust, Agency's interest in the Security and.Borrower's obligation to pay the sums secured by ihis 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. 1552 \03 \565868A 8932 24. Due on Transfer Athe Propert y ,. Upon a Tran"sfef.Os defined in the Resale Restriction Agreeient) of the Property or any interest in.it, the Agency shall require_ immediate payment in full ofall sums secured by.this Deed 0Trust, except'for amounts assumable an Eligible Buyer pursuant to Section 8 of the Note. 25. Reconveyance Upon payment,of all sums secured - by 'this Deed of Trust, and upon the.expiration of the Term ,of the Resale Restriction Agreement, if the Borrower owns and occupies'.the'P-roperty and is not in violation of any provisions of the Note, this Deed of Trust or the Resale Restriction Agreement, the Agency will request Trustee to reconvey the Security and will surrender this Deed of Trustand the Resale Restriction Agreement to Trustee. Trustee will reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons will pay all costs of recordation, if any. 26. Substitute Trustee The Agency, at the Agency's option, may from time to time remove Trustee and appoint, a successor trustee to any Trustee appointed hereunder. The successor trustee will succeed,to all the title, power and duties conferred upon the Trustee herein' and by applicable law. 27. Superiority of First Lender Documents Notwithstanding any provision herein, this Deed of Trust shall not'diminish or affect the rights of the, First Lender under the:First Lender Deed of Trust or any subsequent First Lender deeds of trust hereafter recorded against the Security in compliance,with the requirements of Section 25 of the Resale Restriction Agreement. Notwithstanding any other, provision hereof, the provisions this Deed of Trust shall be subordinate to the lien of the:First,Lender Deed of Trust and shall not impair the rights of the First or; such lender's assignee or successor in interest, to exercise its remedies under the First Lender Deed of Trust in'the.event of default under the First Lender Deed of Trust by the Borrower. Such remedies under, the First Lender Deed of Trust'include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure. After such. foreclosure or acceptance of a deed in lieu of foreclosure, this Deed of Trust•shall be forever terminated and shall have no further effect.as to or any transferee thereafter; provided, however,,if the holder of such First Lender -Deed of Trust acquired 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 provided ^that (i) the Agency has been given written notice of default.under, 'such First Lender.Deed,of Trust with a sixty (60) -day cure period (which requirement, shall be satisfied by recordation of a notice of default under California Civil Code Section 2924), and (ii) the Agency shall not have cured the default within such sixty (60) -day period. 28. Request for Notice Agency requests that copies of the.notice of-default and notice of sale be.sent to.Agency at the address set forth in Section 15 above. M 1552 \03 \565868 4 5.933 IN WITNESS WHEREOF, Borrowevh_ as executed this Deed of Trust as of the date first written above. Ut-- Borrow r �ur> M Borrower 10 1552\03 \565868 4 STATE OF CALIFORNIA 034 COUNTY OF SAN DIEGO me, Notary Public, personally appeared proved to me on the basis'of satisfactory evidence to be the person(s) whose name(s 1s e subscribed to the within instrument and acknowledged to me,that�ishe /they executed the ,same ' -hi her /their authorized capacity(ies), and thavbi tier /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. PATTY N. SMrfH� COMM. IC -C A U 93 NOTARY PI�UC- CAUFORNIA'y m- SANDIEGO.000,NTY f� .My.CommisslonExpire-s B Notary lie JUNE 13; 2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO before Notary Public, personally appeared Q, rcf�lzt/� HvetL/ proved 'to me on the to; basis of satisfactory evidence be.the persons whose name(s is are-subscribed to the within instrument and acknowledged,to me_ that hef�a they executed the same in hi ie . heir authorized capacity(ies), and that by his /�i3x� their signature(s) on the instrument the person(s),.oi 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 PN G-CAU 93 NOT ® ARY DIEGO COU CAUFORNIA SAN, DIEGO NTY My Commission Expires Notary blic JUNE 2011 1552 \03 \565868 4 EXHIBIT A Property Description. 8935 1552 \03 \565868.4 FEW :m EXHIBIT "A" Legal Description PARCEL 1 LOT 13 OF CITY OF POWAY TRACT NO. 06 -06 THE MEADOWS, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN BY MAP NO. 15743, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MARCH 5, 2009. RESERVING THEREFROM, THE EASEMENTS DESCRIBED IN THE COMMON MAINTENANCE AREA EASEMENT AGREEMENT ( POWAY MEADOWS) RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 29, 2009 AS FILE NO. 2009 - 0540036.