Deed of Trust and Assignment of Rents 2005-0474465RECORDING REOUESTED BY
1 :16ST AMERICAN TITLE COMPANY
AND WHEN RECORDED MAIL TO 3?
CITY OF POWAY
Redevelopment Agency ' \
13325 Civic Center Drive
Poway, CA 92064
AttnS TniPER GOVERNMEN
CODE 6103
RECORDING REQUESTED BY
Title Order No. #O-SA-1906994
D # 2005 - 0474465
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i 3 7 i JUN 07, 2005 &90 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH COUNTY RECORDER
FEES 0.00 WAYS: 2
RAGES: 3 DA: I
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DEED OF TRUST AND ASSIGNMENT OF RENTS - -- — --
BY THE DEED OF TRUST, made this 26 th day of MAY
, 2005, between
MARY EMILIE CROSS and CHARLES VAN VLECK CROSS, JR., Wife and husband as Community Property, herein called
Trustor, whose address is:
13514 MORA CIRCLE POWAY CA 92064
(Number and Street) (City) (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
Diego County, California, described as:
LOT 86 OF RANCHO LA PAZ UNIT NO. 4, ACCORDING TO MAP NO. 6421, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 15, 1969.
APN No :323- 313 -11 -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 $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, 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 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 8820 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 in above set forth, being the ad ess designated for the purpose of receiving such notice.
IGNATURE: CHARLES VAN VLEft CROSS, JR. SI A : MARY EM IE CROSS
MUST ATTACH NOTARY ACKNOWLEDGMENT
1372
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 construction 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 title 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 encumbrance, 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.
(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 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 other 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 an 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; consent 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 "the 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 sale.
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 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 the truthfulness thereof. Any person, 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 in connection 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 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 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 gender includes the feminine 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 Tractor, 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 elation b the Beneficiary to make such substitution, which instrument shall identify the Deed of Trust by recording reference, and by the name of the original
Truster, Trusteeland Beneficiary, and shake set forth the name and address of the new Trustee, and which instr shall be signed by the Beneficiary and duly acknowledged.
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid
To: Comprehensive Housing 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:
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.
0 0
1373
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALA )
COUNTY OF
On Q before me, 1 `� 1 i�.� �`� \ personally
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,personally known to me (r roved to me on the basis of satisfactory e to be the person(s) whose
name(s) i are subscribed to the within instrument and acknowledged to me that he /sh they executed the
same in his/he their uthorized capacity (ies), and that by his/her 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.
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