Deed of Trust and Assignment of Rents 2002-1058211Reques by
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REeor,bm REQUESTED BY
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PU GUVZRJMM CEDE 6103
i WHEN RECORDED MAIL TO
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CITY OF POWAY
Redevelopment Agency
13325 Civic Center Drive
Poway, CA 92064
Attn: Luisa Preciutti
Title order No. # O- SA- 701458
"_"-- --- - - o�&E THIS LINE FOR RECORDERS USE
AND ASSIGNMENT OF RENTS
BY THE DEED OF TRUST, made this 13th day of November
Loren George Murphy and Debra J. Murphy, Husband and Wife as Joint Tenants
whose address is:
13404 ORANGE BLOSSOM LANE POWAY
(number and street) (City)
herein called Trustor,
CA 92064
(State) (Zip)
and Comprehensive Housing Services, inc., a California Corporation, herein called Trustee, and POWAY
REDEVELOPMENT AGENCY herein called Beneficiary, Trustor grants, transfer, and assigns to trustee, in trust, with power of sale,
that property in San Deigo County, California, described as:
LOT 104 OF MIDLAND ESTATES UNIT NO. 3, IN THE CITY OF POWAY, ACCORDING TO MAP THEREOF NO. 7199, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 8, 1972.
APN No: 314 -510 -09
Trustor also assigns to Beneficiary all rents, issues and profit of, said realty reserving the right to collect and use the same except
during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the
same by any lawful means in the name of any party hereto.
For purpose of securing:
(1) Payment of the indebtedness evidenced by one promissory note in the principal sum of $10,000.00
of even date herewith, payable to Beneficiary, and any extensions or renewals thereof: 92) the payment of any money that may be
advanced by the Beneficiary to Trustor, or his successors, with interest thereon, evidenced by additional notes (indicating they are so
secured) or by endorsement on the original note, executed by Trustor or his successor; (3) performance of each agreement of Trustor
incorporated by reference or contained herein.
On October 25, 1,973, identical fictitious Deeds of trust were recorded in the offices of the County Recorders of the Counties of the
State of California, the first page thereof appearing in the book and at the page of the records of the respective County Recorder as
follows:
COUNTY Book Page COUNTY Book Page COUNTY Book Page COUNTY Page Book
Alameda 3540 89 Kings 1018 394 Placer 1528 440 Siskiyou 697 407
Alpine 18 753 Lake 743 552 Plumas 227 443 Solano 1860 581
Amador 250 243 Lassen 271 367 Riverside 1973 139405 Sonoma 2810 975
Butte 1870 678 Los Angeles T8512 751 Sacramento 731025 59 Stanislaus 2587 332
Calaveras 368 92 Madera 1176 234 San Benito 386 94 Sutter 817 182
Colusa 409 347 Marin 2736 463 San Bernardino 8294 877 Tehama 630 522
Contra Costa 7077 178 Mariposa 143 717 San Francisco B820 585 Trinity 161 393
Del Norte -174 526 Mendocino 942 242 San Joaquin 3813 6 Tulare 3137 567
El Dorado 1229 594 Merced 1940 361 San Luis Obispo 1750 491 Tuolumne 396 309
Fresno 6227 411 Modoc 225 668 San Mateo 6491 600 Ventura 4182 662
Glenn 565 290 Mono 160 215 Santa Barbara 2486 1244 Yolo 1081 335
Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 713 Yuba 564 163
Imperial 1355 801 Napa 922 96 Santa Cruz 2358 744 File No.
Inyo 205 660 Nevada 665 303 Shasta 1195 293 San Diego 73- 299568
Kern 4809 2351 Orange 10961 398 Sierra 59 439
The provisions contained in Section A, including paragraph 1 through 5, and the provisions contained in Section B, including
paragraphs 1 through 9 of said fictitious Deeds of Trust are incorporated herein as fully as though set forth at length and in full herein.
The undersigned Trustor requests that a copy of any notice of default and any notice of sale hereunder be mailed to Trustor at the
address here inpove set forth, being the address designated for the purpose of receiving such notice. ,
SIGNATURE: UOREN GWRM / SIGNATUIkEA- EBR-i J.
D O I 2-
NOV 25 2002 8 :00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY EMBS OFFICE
GREG J. SMITH, COM RECORMER
FEES: 0.00
MAY: 2
, 2002, between
MUST AXTACH NOTARY ACKNOWLEDGMENT
111'7
A. TO PROTECT THE SECURITY HEREOF, TRUSTOR AGREES:
(1) To keep said property in good condition and repair, preserve thereon the buildings, complete construction begun, restore damage or destruction, and pay the cost thereof; to
commit or permit no waste, ao violation of laws or covenants or conditions relating to use, alterations or improvements; to cultivate, irrigate, fertilize, fumigate, prink, and do all
other acts which the cbaracter and use of said property and the estate or interest in said property secured by this Deed of Trust may require to preserve this security.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with Ins payable to Beneficiary. The amount collected under any flee or other insurance policy
may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determined, or Beneficiary may release all or any part thereof to Trustor.
Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses,
Including cost of evidence of tide and attorney's fees In a reasonable sum, in any such action or proceeding In which Beneficiary or Trustee may appear.
(4) To pay: at least tea days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all iacumbrance,
charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto, all costs, fees and expenses of this Trust.
Should Trustor fall to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon
Trustor and without releasing Truster from any oblation hereof, may; make or do the same in such manner and to such extent as either may deem aecessary to protect the security
hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof
or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbranee, charge or lien which in the judgment of either appears to be or
superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. prior
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at seven percent per annum, and to pay for any
statement provided for any law regarding the obligations secured hereby In the amount demanded by Beneficiary, not exceeding the maximum amount permitted by law at the time
of the request thereof.
B. IT IS MUTUALLY AGREED THAT:
(1) Any award of damages in connection with any condemnation for public use of or injury of said property or any put thereof is hereby assigned to Beneficiary, who may apply or
release such moneys received by him In same manner and with the same effect as provided for disposition of proceeds of fire or other insurance.
(2) By accepting payment of any sans seemed hereby after its due date, Beneficiary does not waive his right either to require payment when due of all other sums so secured or to
declare default for failure so to pay.
(3) At nay time or from time to time, without liability therefore and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement,
and rwithout affecting the personal liability of any person for payment of the fadebteduess seemed hereby, Trustee may. reconvey and put of said property; consent to the making of
any map thereof, join Is tiraating any easement thereon; or join in any agreement extending or subordinating the Res or change hereof.
(4) Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation aid retention
and upon payment of its fees, Trustee shaft reconvey without warranty, the property then bid hereunder. The recitals in such recsuveyanee of any matters or facts shall be
conclusive proof of the truthfulness thereof. The grantee in such reconveyasce may be described as "the person or persons legally entitled thereto."
(5) Upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby
immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of dection to cause said property to be
sold, which notice Trustee shall cause to be duly filed for record. Beneficiary also shad deposit with Trustee this Deed, said note and all documents evidencing expenditures secured
hereby.
Trustee shall give notice of sale as then required by law, and without demand on Trustor, at kart three months laving elapsed after recordation of such notice of default, shell sell
said property at the time and place of sale fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it nay determine, at public auction to the
highest bidder for cash In lawful money of the United States, payable at time of sale.
Trustee may postpone sale of all er any portion of said property by public announceswat at such time and place of sale, and from time to time thereafter may postpone such sale by
public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covesaat or
warranty, expressed or implied. The recitals in such deed of any matters or facts shalt be coadvalve proof of the truthfulness thereof. Any person, including Trustor, Trustee, or
Benefidary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including coat of evidence of tide In connection with sale, Trustee shag apply the proceeds of sale to
payment of. all sum expended wider the terms hereof; not tees repaid, with accrued interest at seven percent per sanum; all other sums then secured hereby; and the remainder, if
any, to the person or persons legally entitled thereto.
(6) This Deed applies to, inures to the benefit of, and binds all parties beret, their legal representative and successors in interest. The term Berleflciary shall Include nay future
owner and bolder, Including pledges, of the note secured hereby. In this Deed, whenever the context to requires, the muculiue gender includes the femiulne sud/ar neuter, and the
singular number includes the plural.
(n Trustee we" this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of
pending sale under any other Deed of Trust or of any action or proceeding in which Truster, Beneficiary or Trustee shall be a party unless brought by Trustee.
(9) The Trusts created hereby are irrevocable by Trustor.
(9) Beneficiary may substitute a successor Trustee from time to time by recording in the Office of the Recorder of Recorders of the. county where the property is located an
instrument stating the election b the Beneficiary to make such substitution, which instrument shall ideality the Decd of Trust by recording reference, and by the awe of the original
Trustor, Trustee and Beneficiary, and shall set forth the name and address of the new Trustee, and which instrument shall be signed by the Beneficiary and duly acknowledged.
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid
To: Comprehensive Housinta Services, Inc. Trustee Date
The undersigned is the legal owner and holder of all indebtedness secured by this Deed of trust. Ali sums secured by said Deed of Trust have
been paid, and you are requested, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of
indebtedness, secured by said Deed of Trust, delivered to you herewith and to reconvey, without warranty, to the parties designated by the terms
of said Deed of Trust, the estate now held by you under the same.
Mail Reconveyance to:
BY:
Do not destroy this Deed of Trust OR THE NOTE, which it secures.
Both must be delivered to the Trustee for cancellation before reconveyacne will be made.
DO NOT RECORD - Provisions incorporated from Recorded Fictitious Deed of Trust
BY:
iI.8
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
STATE OF CAL ,WORN - )
COUNTY OF
On I��M\wi 1S..I �L before me,
1 C,
name(s) is/g3 subscribed to the within instrument and acknowledged to me that helsheieb executed the
same in his/h their uthorized capacity (ies), and that by his/h their ignature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature a" �W
MCHEi LE PAULINE HEnB?GOTT
Commission # 1298219
Notary Public - Califomia y
Son Diego County
Q�E I
0 MyComm.F)W*es&4ar23,2DD5
(This area for official notaries seal)
Title of Document
Date of Document No. of Pages
, own to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose