Deed of Trust and Assignment of Rents 2010-0521581Please complete this _information.
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SEP 80, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00 WAYS`. 2
PAGES: 5
IIhINIiINll�l I�N�iIINI
Space above this line reserved for Recorder's Use Only
Govt. Code 27361.6
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(Pleas e fill in document titl ) on this line)
Govt. Code 27324
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
Govt. Code 27361.6
(Additional recording fee applies)
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RECORDING REQeESTED BY
L81 Tide Co enY
AND WHEN RECORDED MAIL TO
CITY OF POWAY
Redevelopment Agency
13325 Civic Center Drive
Poway, CA 92064
Attn: Tony Winney
Title Order No. # 92802199
•
OF
•
3216
1' 4(th4pT PER GOVELER At;
SPA * L BO THN FO ECORDER'S USE
UST AND ASSIGNMENT OF RENTS
BY THE DEED OF TRUST, made this 8th day of JULY, 2010, between LISA L. CHABOT, AN UNMARRIED WOMAN AND
LESLIE L. O'NEAL AND SANDRA A. O'NEAL, HUSBAND AND WIFE AS JOINT TENANTS and herein called Trustor, whose
address is:
12977 SLACK STREET
(number and street)
POWAY
(City)
CA 92064
(State) (Zip)
and Comprehensive Housing Services, Inc., a California Corporation, herein called Trustee, and POWAY REDEVELOPMENT
AGENCY herein nailed Beneficiary, Trustor grants, transfer, and assigns to trustee, in trust, with power of sale, that property in San
Diego County, California, described as:
See Exhibit " N' Attached hereto and made a part hereof.
APN No: 317 -364 -24-00
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 $14,687.00
of even date herewith, payable to Beneficiary, and any extensions or renewals thereof: 92) the payment of any money th at 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, 1973, 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 Sisklyou 697 407
Alpine 18 753 Lake 743 552 Piumas 227 443 Solano 1860 581
Amador 250 243 Lassen 271 367 Riverside 1973 139405 Sonoma 2810 - 9T5
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 622T 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 TIM File No.
Inyo 205 660 Nevada 665 303 Shasta 1195 293 San Diego 73-299668
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 mimed to Trustor at the
addres here in a ve set orth, being the address designated for the purpose JIGAZL- uch notice.
SIGNATURE: LISA L. CHABOT LESLIE ' O'
!/
SANDRA A. O'NEAL
MUST ATTACH NOTARY ACKNOWLEDGMENT
•
•
3 217
DESCRIPTION
Order No. 92802199 -
LOT 90 OF RUSS ESTATES UNIT NO. 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4472, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FEBRUARY 24, 1960.
PwTm - 17/ov9m
- 3218
DO NOT RECORD - Provisions incorporated from Recorded Fictitious Deed of Trust
A. TO PROTECT THE SECURITY HEREOF, TRUSTOR AGREES:
(1) To keep said property in good condition and repair, preserve thereon the buildings, complete contraction begun, restore damage or destruction, and pay the cost thereof; to
commit or permit no waste, no violation of laws or covenants or conditions relating to use, alterations or improvements; to cultivate, irrigate, fertilize, fumigate, prune, and do all
other'acts which the character 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 loss payable to Beneficiary. The amount collected under any fire 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 Truster.
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 ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all incumbrance,
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 Truster fail 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
Truster and without releasing Truster from any obligation hereof, may; make or do the same in such manner and to such extent as either may deem necessary 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 iacumbrance, charge or lien which in the judgment of either appears to be prior or
superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees.
(S) 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 part thereof Is hereby assigned to Beneficiary, who may apply or
release such moneys received by him in the same manner and with the same effect as provided for disposition of proceeds of fire or otter. insurance.
(2) By accepting payment of any sum secured 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 any 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 without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey and part of said property; cement to the making of
any map thereof join in granting any easement thereon; or join in any agreement extending or subordinating the lien 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 and retention
and upon payment of its fees, Trustee shall reconvey without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be
conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "tie person or persons legally entitled thereto."
(5) Upon default by Truster 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 election to cause said property to be
sold, which notice Trustee shall cause to be duly filed for record. Beneficiary also shall 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 Truster, at least three months having elapsed after recordation of such notice of default, shall 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 may determine, at public auction to the
highest bidder for cash in lawful money of the United States, payable at time of ask.
Trustee may postpone sale of all or any portion of said 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 fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property eo aid, but without any covenant or
warranty, expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any pens, including Truster, Trustee, or
Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, Including cost of evidence of tide fa eonneed m with sale, Trustee shall apply the proceeds of sale to
payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at seven percent per annum; all other sums then seemed bereby; and the remainder, If
any, to the person or tenons legally entitled tbereto.
(6) This Deed applies to, inures to the benefit of, and binds all parties hereto, their legal representative and successors in interest. The term Beneficiary shall include any future
owner and holder, including pledges, of the note secured hereby. In this Deed, whenever the context so requires, the masculine Studer Includes the feuululne and/or neuter, and the
singular number includes the plural.
(7) Trustee accepts 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.
(8) The Trusts created hereby are irrevocable by Truster.
(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 identify the Dad of Trust by recording reference, and by the name of the original
Tenter, 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 Housina Services, Inc. Trustee Date
The undersigned is the legal owner and holder of all indebtedness secured by this Deed of trust. All sums secured by said Deed of Trust have
been paid, and you are requested, on payment to you of any sums owing to you finder 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:
LISA L
CHABOT
12977 SLACK
STREET
POWAY
CA 92064
BY:
BY, -
Do not destroy dus Deed of Tnist OR THE NOTE, which it secures.
Both must be delivered to the T'lustw for cancdlatiwt before mcatveyacne will be made.
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
3219
On SWtember 23, 2010 before me, GAYLE BLOOMINGDALE , a Notary Public, personally
appeared LISA L. CHABOT LESLIE L. O'NEAL -AND SANDRA A. O'NEAL who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person 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.
Signature A-4 . 1/1 j
lure of Notary Public
cow, MOM
gOTMl1►kvm *0MA00"
CQ1l Y
Comm. 15, 2Ot2
(Thi area for official notaries seal
Title of Document DEED OF TRUST
Date of Document September 23 2010 No. of Pages 4