Deed of Trust and Security Agreement 2010-01058393
RECORDE DATT!!�,t-EQUESA fiF DOC 2010 - 0105839
SUBDIVISION DEP �� I III IIII I I II II I VIII II I I I I II I IIII III
MAR 04. 2010 8:00 AM
COMPLIMENTARY RECORDING OFFICIAL RECORDS
REQUESTED PURSUANT TO SAN DIEGO COUNTY RECOROEF ^s OFFICE
GOVERNMENT CODE SECTION 27383' DAVID L BUTLER, COUNTY RECORCIER
ll FEES 000 WAI'S
CA
City of Poway I PAGES: 14
13325 Civic Center Drive I IIIIII (IIII IIIIIIII VIII VIII IIII VIII (IIII (IIII IIII (IIII (IIII (IIII IIII IIII
Poway, CA 92064
N Attn: Redevelopment Agency- Housing Manager
it I IS/ n o A -U I •
DEED OF TRUST AND SECURITY AGREEMENT
CITY OF POWAY 1709
(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
day of kkllct , 20LP among the trustor, Aaron Kagchelland ( "Borrower "),
whose address is 12952 Metate Lane, 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:.'12952 Metate Lane, Poway,
CA 92064 (the "Property ").
1. BORROWER, IN- CONSIDERATION OF THE INDEBTEDNESS HEREIN
RECITED AND THE TRUSTMEREIN 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 12952
Metate Lane sint the: City of Poway, County of San Diego, State of California, which is more
particularly described in thc: 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 additioris 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.
1552 \03 \701460 3
•
1710
2. FOR THE PURPOSE OF SECURING
2:1 Repayment of the indebtedness evidenced by that certain Promissory Note
of the Borrower dated as:of k,hALtF q , I'D , to the benefit of the City of
Poway and entitled BEGIN Program Promissory Note (the 'Note") of the Borrower in the
principal amount Fifty-Four Thousand Two Hundred Sixty-Six Dollars (554,266), 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 seq. 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 evidenced ,bya 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.
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.
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 interest in the Property.
1552 \03 \701460.3 ..
1711
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 conditiomand 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 andgovernmental
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 inany
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'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 Paymenkof Taxes and Utilitv 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, fees and expenses of this trust. Borrower
shall make such payments whenAue, 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 o£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.
NeitherTrustee nonthe.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
0
1712
3:7 Payments and Discharge of.Liens Borrpwer.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,4hat the following arecxcepted 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 clairns'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 bya lien, mortgage or deed
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 th'eYroperty 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) onlyafter 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 Payments Unless applicable law provides otherwise, all
payments received by1ender 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 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 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 Lender's Security If Borrower fails to perform the
covenants and "agrees ients� 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
•
0 1713
Unless Borrower and Lender agree to other terms of payment,.such amounts�shall be payable
upon notice from Lender to Borrower requesting payment thereof,`and�shalfbear interest from
the date of disbursement at the highest rate, permissible under applicable.law. Nothing contained
in this Section 4.4 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 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 toand 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
Lender to 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 of 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, ifall 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 thisiSecurity 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 Salvor 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
0
•
1714
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 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 Reconveyance 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 residence during the temt 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,aegal 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 vi"vos 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 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
1 552 \03\701460.3
E
1715
assignment in lieu of foreclosure. After such foreclosure or acceptance of;a,deed or assignment
in lieu of foreclosure, this "Deed of Trusi 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 a deed or assignment in
lieu of foreclosure, this Deed of Trust shall automatically terminate such acquisition of
title, only if either a notice default was recorded under the applicable-Senior Lender Deed of
Trust or, if no notice of default was recorded, (i) the Borrower, has written notice of
default under such Senior Lend'er,Deed of Trust (which requirement may be satisfied' by
recordation of notice of default under California Civil Code Section 2924), (ii) therLender 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 perform any covenant condition or agreement to be observed
or performed by Borrower pursuant,to the Note or this Deed of Trusf 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 Acceleratiowand 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 6i9 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 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•defaultor 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 payablewithout 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
0
0
1716
(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, 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 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 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 ofand: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
0
0
1717
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
successor trustee or trustees maybe; 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 �C i ulative 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 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 Obliyations 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.
0
1552 \03\701460.3
u
1718
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 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 byreason of anything done or
omitted in good faith pursuant to orJn 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-BorroweCs 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 inmature), 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 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
0
1719
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:
Aaron Kagchelland
12952 Metate Lane
Poway, California
SIGNATURE OF BORROWER(s):
By:
C
Acknowledgements
AA -oV �icgGle �IG�,c�
(Print Name)
(Print Name)
1552 \03 \7014603
E
1720$
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On }�'hlrt. aN 2 2olo, before
personally appea ed v"o✓N
Notary Public,
proved to me on the basis
of satisfactory evidence to be the person(e'whose name(g�Mare subscribed to the within
instrument and acknowledged to me that Lei he /they executed the same it t�her /their
authorized capacity0os), and that byt ti her /their signatureW on the; instrument the personK,, or
the entity upon behalf of which the person(4 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.
M. BBINU
COMM. #1680066 z
Notary Public - California
=
% San Diego County
Comm. Expires Jul. 8, 2010
N ar ublic
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On , before me, , Notary Public,
personally appeared 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
•
Chicago Title Company
February 25, 2010
Page 8
EXHIBIT A
•
1 -7z ®A
The Property referred to is situated in the State of California, City of Poway, County of
San Diego, and described as follows:
1552 \03 \724257.4
M
EXHIBIT 7' Ord'erNo. PS1751008 -U1?
�] 1721
LEGAL DESCRIPTION
LOT S OF CITY OF POWAY TRACT NO. 06 -06 THE MEADOWS, IN THE CITY. OF POWAY
COUNTY OF SAN DIEGO ; STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO
i -3 , FILED IN THE OFFICE OF'THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH
5. 2009.
END OF LEGAL DESCRIPTION'
END OF LEGAL DESCRIPTION
CLTA Prelimtnary Report Form - Modified (1147 -06)
Page 3