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Deed of Trust and Security Agreement 2009-0723060 //f � RECORpED AT r1�r , EQUEST OF _ I CH CGIIAPANY SUED ISIORDEPT. COMPLIMENTARY REQUESTED PURSUAN f 'EO. GOVERNMENT CODE'SEC'I'ION 27383 City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: Redevelopment Agency ]-lousing Manager DOC # III I IIIII II IIIII 2009- 0723060 111111111111 DEC 31, 2009 8:00 AN OFFICIAL RECORDS SAI) DIEGO COUI 7 f RECnRDER OFFICE DLOD L BU1LER COUNT, RECORDER FEES 000 'dJv'i'S DA. 1 PAGES: 111111 NIII IIIII IIIII IIIII IIIII IIIII NIII IIIII IIIII 111_ .L -- DEED OF TRUST AND SECURITY AGREEMENT CITY OF POWAY (BEGIN PROGRAM) NOTICE TO BORROWER THIS DEED OF TRUST CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS THIS DEED OF'TRUST AND SECURITY AGREEMENT ( "Deed of Trust ") made this 3 1 Sfi day of t ¢' %AUL , 200J among the trustor, Hainid Dadafshar and Afsaneh- Shamlou ('Borrower "), whose address is 12928 Metate.Lane;.Poway, CA 92064, and Chicago Title ( "Trustee "), and the City of Poway (the "City ") as Beneficiary. The Borrower, inconsideration 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: 12928 Metate Lane, 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 ") locatediat 12928 Metate'.LAt e 4i 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 herealter.aftixed 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 of 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. 13 III X210 1 552\03 V U 1460 3 2211 FOR THE PURPOSE OF SECURING 11 Repayment the indebtedness evidenced -by that certain, Prom issory Note of the,Borroiver dated as of I (� J , e¢M1;eUl , 20LL to the benefit of the City of Poway and entitled BEGIN Program Promissory Note (the "Note ") of the Borrower in the principal amount Twenty Three Thousand Thirty -Five Dollars ($23,035) 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'Health,and Safety Code section -50860 et semi . and implementing, guideiines,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 evidenced by 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 may be 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. 23 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. BORROWMCOVENANTS 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 Iisted in the schedule of exemptions to coverage in any title insurance policy insuring Lender's interest in the Property. 55 \03 \701460 3 2212 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. 13 Maintenance of the Property (a) To keep,the Property in a,decent safe, sanitary, tenantable conditiop 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 such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property; (f) hot to initiate or acquiesce in;any 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 proceedinng purporting"do 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's fees 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 Utilitv Charges Borrower shall pay, at least ten (10) days before delinquency all taxesand assessments affecting the Property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, tines 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, fees and 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_ of the 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 ofany insurer for payment of losses. All insurance proceeds for such losses must be utilized for the repair or restoration of the insured, property. I552 \03 \70)460 3 2213 3:7 Payments and DischarlZe of Liens Borrower will pay, when due, all claims of every kind and nature which might orcoul'd becomva 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 ofthe 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 ofthe Deed of Trust securing this Note. , fhe Note is due in full upon all other Transfers, except those permitted under Section 4.11 below. 4. IT IS MUTUALLY AGREED THAT 4A Application of Payments 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(§) reciting that such note(s) are secured by this Deed-of Trust. 4.3 Disbursements to Protect Lender's Security 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 Lend'er'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. 4 1552 \03 \701460 3 2214 Unless Borrower and Lender agree to other terms of payment, such'amounts shall be payable upon noticewfrom,Lender to Borrower requesting payment thereof, and shall bear'interest'from the date of disbursement:'atsthe,highest rate permissible under, applicable law. Nothing contained in this Section4 :4'shall require Lender to incur any expense or take any action hereunder. 4.5 Inspection Lender or its agent may make or cause to be made reasonable entries upon and inspections of the Property. Lender shall give Borrowennotice at the time of or prior to any suchJnspection specifying reasonable cause for the inspection. 4:6 Awards and'Dainages Alljudgments, 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 recdvered.bythe Lender may be released to Borrower upon such conditions as the Lender may impose for its disposition. Application of all or any part ofthe 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 Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Leader 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.of the Property or to the sum secured by this Deed of Trust. 4.7 Prohibition on Transfers of Interest With the,'exception ofthe.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. 48 Sale or Forbearance No sale of the Property, forbearances om.the part of the Lender or extension of,fhe 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 Len'der'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 2215 hereto), including without limitation,any 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 terns 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 Reconycyance 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 Requirement 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 01' marriage or domestic partnership, legal separation or from an incidental 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 1552 \03 \701460.3 2216 assignment in lieu of foreclosure. After such foreclosure or acceptance of a deed or assignment in lieu of foreclosure, this Deed of shall be forever tefffimated.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 o1'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 29246, 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 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 perform 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 specifled,in the notice may result in 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 dale 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. 7 1552\03\70 1460 3 2217 (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 "Crust 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 sale 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 Properly 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 Propert y 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. H 1552 \03\701460.3 2218 5.3 Exercise of Remedies; Delay. No exercise of any right or remedy by the Lender or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Lender or "Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude'the exercise thereof during the continuance of any 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 success6r 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 of 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 Lender or 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 the singular, and the use of any gender shall be applicable to all genders. 6.2 Headings The headings are inserted only °for convenience 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 tinder 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 2219 6:6 Incorporation by References The provisions of the BEGIN Program security instruments and the documents relating to that program are incorporated by reference as though set out verbatiin. 6.7 Severability If any provision of this Deed of Trust shall be invalid, illegal or unenforceable, the validity; legality and cnforceability 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 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 person, firm, 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 in this 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 2941 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 residen{ial dwelling. [Signatures on following page] 10 1552\03V014603 2220 IN WITNESS WHEREOF, Borrower has executed this Deed of Trust 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: Hamid Dadafshar and Afsaneh Shamlou 12928 Metate Lane Poway, California, 92064 SIGNATURE OF BORROWER(s)': BY: �CyG'�® (Print Name) B y : !— 94 5hap&D (Print Name) Acknowledgements 1552\03\701460 3 2221 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On � q, g, befgre e. / V Notary Public, personally appeared _r - ___ _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(sLI>Aare subscribed to the within instrument and acknowledged to meah 1�/she/they executed the same i hi her /their authorized capacity(ies), and hat by, er /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 mN hand and official seal. PATTY 01 N. SMITH - COMM. #1745493 p NOTARY PUBUC- CAUFORNIA Vi , .SAN DIEGO COUNTY Cl My COMMISS"11 Expires JUNE13, 2011 STATE OF CALIFORNIA COUNTY OF SAN DIEGO Notary � o O f _ Z b fore me Notary Public, personally appeared a, proved.to me on the basis of satisfactory evidence to be the person(s) whose name(` i re subscribed to the within instrument and acknowledged to me, that h he hey executed the same in hi6liTiiheir authorized capacity(ies), and that by his er heir 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. SMITH COMM.41745 NOTARY PUBUC- CAIJFORNiA �n ®. SAN DIEGO COUNTY Notary Pu lic My JUNE 32011 1? 1552 \U701460.3 2222 EXHIBIT "A" Legal Description PARCEL1 LOT 4 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.