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Deed of Trust and Security Agreement SHOP 2011-0697353gC®RDED`AT THE REQUEST OF CHICAGO TITLE COMPANY SUB61VISION DEPT. COMPLIMENTARY RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 0�-7 J <N -( iisiiiiiiiiiiiiuisiiiiimoiiiiiiiiiioiiiiiuiiiioiiiiiiiiiiiiiiiiiiaoi DEC 27, 2011 4'17 PM OFFICIAL RECORDS SAN Poway Housing Authority �I.� FEE Si oIDGo��u'ss�oo�ouwgoA�icoaIoi'z 13325 Civic Center Drive f� PAGES: 13 Norma >- ,cA9mba � INAII@ IBl INIWNNIWIIININN�INNII�19NtlI�Nh @N�uuNB Attn: Executive Director (�r�si��� -wiz 8629 DEED OF TRUST AND SECURITY AGREEMENT (Poway Housing Authority- SHOP Program) THIS DEED OF TRUST AND SECURITY AGREEMENT ( "Deed of Trust ") made this day of 0 , 2011, among the trustor, Seunghyun Oh and Seomee Yun ( "Borrower(s) "), whose address is 12811 Dakota Street, Poway CA 92064 ( "Trustee "), and the Poway Housing Authority (the "Housing- Authority ") as Beneficiary. The Borrower, in consideration of and as security for the loan of funds to the Borrower by Housing Authority, irrevocably grants, transfers, conveys and assigns to Trustee, in trust, with power of sale, the property located in the City of Poway, County of San Diego, State of California, described in the attached Exhibit A and more commonly known as: 12811 Dakota Street, Poway CA 92064 (the "Property "). TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and TOGETHER with all fixtures now or hereafter attached to or used in and about the building or buildings now erected or hereafter to be erected on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and all other personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefore, whether or not the same, are, or shall be attached to said building or buildings in any manner (all of the foregoing, together with the Property, is herein referred to as the "Security "). To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever; TO SECURE to the Housing Authority the performance of the covenants and agreements of Borrower contained in that certain Occupancy, Refinancing, and Resale Restriction 1552 \03 \565868.5 :. 1 Agreement with Option to Purchase executed by and between the Borrower and the Housing Authority of even date herewith (the "Resale Restriction Agreement "); TO SECURE the payment of Excess Sales Proceeds (as defined in the Resale Restriction Agreement) and Excess Rents (as defined in the Resale Restriction Agreement) that may become due by Borrower to Housing Authority; TO SECURE to the Housing Authority the repayment of the sums in the amount of twenty nine thousand six hundred two dollars ($29,602) evidenced by that certain promissory note executed by Borrower in favor of the Housing Authority as of the date of this Deed of Trust (the "Note "); and TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained. BORROWER AND HOUSING AUTHORITY COVENANT AND AGREE AS FOLLOWS: 1. Borrower's Estate. Borrower is the lawful owner of the Security with the right to grant and convey the Security. Other than this Deed of Trust, the Security is encumbered only by those deeds of trust (collectively the "First Lender Deed of Trust ") executed by Borrower to secure two promissory notes (collectively the "First Lender Note ") executed by Borrower to assist in the purchase of the Property in connection with a loan or loans made to Borrower as follows: Name of Lender Amount First Nations Home Finance $2805000 1. . City of Poway $58,856 2. 3. 4. Date Deed of Trust Recorded All lenders listed above are collectively the "First Lender." Borrower agrees to warrant and defend generally the title and the Security against all claims and demands, subject to any declarations, easements, or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the Housing Authority's interest in the Security. (As used in this Housing Authority Deed of Trust, the term "First Lender" shall include all successors and assigns of the First Lender.) 2 1552 \03 \565868.5 2. Repayment of Sums Owed under Note and Resale Restriction Agreement. Borrower shall promptly pay to the Housing Authority all sums due under the Note and the Resale Restriction Agreement, including all principal and any Excess Sales Proceeds and Excess Rents. The Note contains the following provisions concerning repayment: Assumption of Note by Subsequent Buyers. Borrower acknowledges that. this Note is given in connection with the purchase of the Home (as defined in the Note) as part of a program of the Housing Authority to assist in the purchase of homes by low and moderate income households. Consequently, this Note is assumable only by Eligible Buyers of the Home (as defined in the Resale Restriction Agreement). Excess Rents and Excess Sales Proceeds are due at Transfer (as defined in the Note) including Transfer to an Eligible Buyer. The Note is due in full upon all other Transfers. In the event this Note is assumed by an Eligible Buyer, the Eligible Buyer shall execute a new promissory note, deed of trust, resale restriction, and notice of affordability restrictions on transfer of property, with new forty -five (45) -year terms in forms approved by the Housing Authority. 3. Resale Restriction Agreement. Borrower shall observe and perform all of the covenants and agreements of the Resale Restriction Agreement. 4. First Lender Loan. Borrower shall observe and perform all of the covenants and agreements of the First Lender Note, First Lender Deed of Trust and related First Lender loan documents. 5. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Security which may attain a priority over this Deed of Trust, by Borrower making any payment, when due, directly to the payee thereof. Upon request by the Housing Authority, Borrower shall promptly furnish to the Housing Authority all notices of amounts due under this paragraph. In the event Borrower makes payment directly, Borrower shall promptly discharge any lien which has priority over this Deed of Trust; provided, that Borrower shall not be required to discharge the lien of the Deed of Trust securing the First Lender Note (the "First Lender Deed of Trust ") or any other lien described in this paragraph so long as Borrower shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to the Housing Authority, or shall, in good faith, contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Security or any part thereof. 1552 \03 \565868.5 8632 6. Hazard Insurance. (a) Borrower shall keep the Security insured by a standard all risk property insurance policy equal to the current replacement value of the Security by appraisal, such policy shall be adjusted annually to reflect changes to local building costs calculated on a per square foot basis. The Housing Authority has the right, but not the obligation, to inform Owner of the then - current replacement value of the Home. If the Security is located in a flood plain, Borrower shall also obtain flood insurance. In no event shall the amount of insurance be less than the amount necessary to prevent Borrower from becoming a co- insurer under the terms of the policy. The insurance carrier providing this insurance shall be licensed to do business in the State of California and be chosen by Borrower subject to approval by the Housing Authority. All insurance policies and renewals thereof shall be in a form acceptable to the Housing Authority, and shall include a standard mortgagee clause with standard lender's endorsement in favor of the holder of the First Lender Note and the Housing Authority as their interests may appear and in a form acceptable to the Housing Authority. The Housing Authority shall have the right to hold, or cause its designated agent to hold, the policies and renewals thereof, and Borrower shall promptly furnish to the Housing Authority, or its designated agent, the original insurance policies or certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and the Housing Authority or its designated agent. The Housing Authority, or its designated agent, may make proof of loss if not made promptly by Borrower. The Housing Authority shall receive thirty (30) days advance notice of cancellation of any insurance policies required under this section. Unless otherwise permitted by the Housing Authority in writing, insurance proceeds, subject to the rights of the First Lender, shall be applied to restoration or repair of the Security damaged. If permitted by Housing Authority, and subject to the rights of the First Lender, the insurance proceeds shall be used to repay any amounts due under Section 21 of the Resale Restriction Agreement, with the excess, if any, paid to Borrower. If the Security is abandoned by Borrower, or if Borrower fails to respond to the Housing Authority, or its designated agent, within thirty (30) days from the date notice is mailed by either of them to Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Housing Authority, or its designated agent, is authorized to collect and apply the insurance proceeds at the Housing Authority's option either to restoration or repair of the Security or to pay amounts due under the Resale Restriction Agreement and the Note. If the Security is acquired by the Housing Authority, all right, title and interest.of Borrower in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Security prior to the sale or acquisition shall pass to the Housing Authority to the extent of the sums secured by this Deed of Trust immediate prior to such sale or acquisition, subject to the rights of the First Lender. 0 1552 \03 \565868.5 (b) During the course of any rehabilitation of the improvements located on the Property, Borrower shall hire only licensed contractors who maintain the following forms of insurance: (i) Liability Insurance. Comprehensive general liability insurance against liability for bodily injury to or death of any person or property damage arising out of an occurrence on or about the Property. The limits of such insurance shall be not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, naming the Housing Authority, the Poway Redevelopment Agency ( "Redevelopment Agency "), the City of Poway ( "City ") and their respective elected officials, board members, officers, employees and agents as additional insureds. (ii) Worker's Compensation Insurance. Worker's compensation insurance covering all persons employed in connection with any work on the Property. 7. Preservation and Maintenance of Security. Borrower shall keep the Security in good repair and in a neat, clean, and orderly condition and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials; and shall not commit waste or permit impairment or deterioration of the Security. If there arises a condition in contravention of this Section 7, and if the Borrower has not cured such condition within thirty (30) days after receiving a Housing Authority notice of such a condition, then in addition to any other rights available to the Housing Authority, the Housing Authority shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Security to recover its cost of curing. 8. Protection of the Housing Authority'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 the Housing Authority's interest-in the Security, including, but not limited to, default under the First Lender Deed of Trust, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then the Housing Authority, at the Housing.Authority's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as it determines necessary to protect the Housing Authority's interest, including but not limited to, disbursement of reasonable attorney's fees and entry upon the Security to make repairs. Any amounts disbursed by the Housing Authority pursuant to this paragraph, with interest thereon, shall become an indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Housing Authority agree to other terms of payment, such amount shall be payable upon notice from the Housing Authority to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the lesser of (i) ten percent (10 %); or (ii) the highest rate permissible under applicable law. Nothing contained in this paragraph shall require the Housing Authority to incur any expense or take any action hereunder. 5 1552 \03 \565868.5 r� 9. Inspection. The Housing Authority may make or cause to be made reasonable entries upon and inspections of the Security; provided that the Housing Authority shall give Borrower reasonable notice of inspection. 10. Forbearance by the Housing Authority Not a Waiver. Any forbearance (refraining from enforcing a right, obligation or debt) by the Housing Authority in exercising any right or remedy shall not be a waiver of the exercise of any such right or remedy, nor shall acceptance by the Housing Authority of any payment provided for in the Note constitute a waiver of the Housing Authority's right to require prompt payment of any remaining principal and interest owed. The procurement of insurance or the payment of taxes or other liens or charges by the Housing Authority shall not be a waiver of the Housing Authority's right to require payment of any amounts secured by this Deed of Trust. 11. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. 12. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. "Hazardous Substances" shall mean those substances defined as toxic or hazardous substances or hazardous waste under any Environmental Law, and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. "Environmental Law" shall mean all federal and state of California laws that relate to health, safety or environmental protection. Borrower shall promptly give Housing Authority written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory Housing Authority or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. 13. Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the Housing Authority and Borrower subject to the provisions of this Deed of Trust. 14. Joint and Several Liability. All covenants and agreements of Borrower shall be joint and several. 1552 \03 \565868.5 15. 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 in writing by certified mail, return receipt requested, express delivery with delivery receipt or personal delivery with delivery receipt, addressed to Borrower at the address shown in the first paragraph of this Deed of Trust or such other address as Borrower may designate by notice to the Housing Authority as provided herein, and (b) any notice to the Housing Authority shall be given in writing by certified mail, return receipt requested, express delivery with delivery receipt or personal delivery with delivery receipt, to the Housing Authority, 13325 Civic Center, Poway, CA 92064, Attn: Executive Director, or to such other address as the Housing Authority may designate by notice to Borrower as provided above. Notice shall be effective as of the date received by Housing Authority as shown on the return receipt. 16. Governing Law. This Deed of Trust shall be governed by the laws of the State of California. 17. Severability. In the event that any provision or clause of this Deed of Trust or the Resale Restriction Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Resale Restriction Agreement which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Resale Restriction Agreement are declared to be severable. 18. Captions. The captions and headings in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 19. Nondiscrimination. A. The Borrower covenants by and for itself and its successors and assigns to refrain from restricting the rental, sale or lease of the Home on any basis listed in subdivision (a) or (b) of Section 12955 of the Government Code, as those bases are defined in Section 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. B. Notwithstanding paragraph A. of this section, with respect to familial status, paragraph A. of this section shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph A. of this section shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11 and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the Government Code shall apply to paragraph A. of this section. 20. Nonliability for Negligence, Loss, or Damage. Borrower acknowledges, understands and agrees that the relationship between Borrower and the Housing Authority is solely that of a borrower and lender, and that the Housing Authority does not undertake or assume any responsibility for or duty to Borrower to select, review, inspect, supervise, pass judgment on, or inform Borrower of the quality, adequacy or suitability of the Security or any other matter. The Housing Authority, Redevelopment Agency or City owe no duty of care to 7 1552 \03 \565868.5 protect Borrower against negligent, faulty, inadequate or defective building or construction or any condition of the Security and Borrower agrees that neither Borrower, or Borrower's heirs, successors or assigns shall ever claim, have or assert any right or action against the Housing Authority, Redevelopment Agency or City for any loss, damage or other matter arising out of or resulting from any condition of the Security and shall hold Housing Authority, Redevelopment Agency and City harmless from any liability, loss or damage for these things. 21. Indemnity. Borrower agrees to defend, indemnify, and hold the Housing Authority, Redevelopment Agency and the City of Poway and their respective elected officials, board members, officers, employees and agents harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys fees that the Housing Authority, Redevelopment Agency or City may incur as a direct or indirect consequence of: (a) Borrower's failure to perform any - obligations as and when required by the Note, Resale Restriction Agreement, Notice of Affordability Restriction on Transfer of Property, and this Deed of Trust; or (b) the failure at any time of any of Borrower's representations or warranties to be true and correct. 22. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in the Note, Resale Restriction Agreement, Notice of Affordability Restriction on Transfer of Property, or this Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust, the Housing Authority, prior to acceleration, shall mail by express delivery with delivery receipt, notice to Borrower specifying; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is received by Borrower as shown on the return receipt, by which such breach is to be cured; and (4) if the breach is curable, 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 Security. The notice shall also inform Borrower of Borrower's right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, the Housing Authority, at the Housing Authority's option, may: (a) 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 California law; (b) either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the Housing Authority shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any uncured breach, including the right to exercise the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint 0 1552 \03 \565868.5 a receiver, or specifically enforce any of the covenants hereof, (d) deliver to Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of'sale found at California Civil Code Sections 2924 et seq., as amended from time to time; or (e) exercise all other rights and remedies provided herein, in the instruments by which the Borrower acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law. The Housing Authority shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees. 23, Borrower's Right to Reinstate. Notwithstanding the Housing Authority's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by the Housing Authority to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of.sdle contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if, (a) Borrower pays Housing Authority all sums which would be;then due under.this Deed of Trust and no acceleration under this Deed of Trust; the Note, or the Resale Restriction Agreement has occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in the Note, Resale Restriction Agreement, or this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Housing Authority and Trustee in enforcing the covenants and agreements of Borrower contained in the Note, Resale Restriction Agreement, or this Deed of Trust, and in enforcing the Housing Authority's and Trustee's remedies, including, but not limited to, reasonable attorney's fees; and (d) Borrower takes such action as Housing Authority may reasonably require to assure that the lien of this Deed of Trust, Housing Authority's interest in the Security 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 shall remain in full force and effect as if no acceleration had occurred. 24. Due on Transfer of the Propert y. Upon a Transfer (as defined in the Resale Restriction Agreement) of the Property or any interest in it, the Housing Authority shall require immediate payment in full of all sums secured by this Deed of Trust, except for amounts assumable by an Eligible Buyer pursuant to Section 8 of the Note. 25. Reconveyance. Upon payment of all sums secured by this Deed of Trust, and upon the expiration of the Term of the Resale Restriction Agreement, if the Borrower owns and occupies the Property and is not .in violation of any provisions of the Note, this Deed.of Trust or the Resale Restriction Agreement, the Housing Authority shall request Trustee to reconvey the Security and shall surrender this Deed of Trust and the Resale Restriction Agreement to Trustee. Trustee shall reconvey the Security 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. 26. Substitute Trustee. The Housing Authority, at the Housing Authority's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed 0 15521031565868.5 hereunder. The successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 27. Superiority of First Lender Documents. Notwithstanding any provision herein, this Deed of Trust shall not diminish or affect the rights of the First Lender under the First Lender Deed of Trust or any subsequent First Lender deeds of trust hereafter recorded against the Security in compliance with the requirements of Section 25 of the Resale Restriction Agreement. Notwithstanding any other provision hereof, the provisions of this Deed of Trust shall be subordinate to the lien of the First Lender Deed of Trust and shall not impair the rights of the First Lender, or such lender's assignee or successor in interest, to exercise its remedies under the First Lender Deed of Trust in the event of default under the First Lender Deed of Trust by the Borrower. Such remedies under the First Lender Deed of Trust include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure. After such foreclosure or acceptance of a deed in lieu of foreclosure, this Deed of Trust 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 First Lender Deed of Trust acquired title to the Property pursuant to a deed or assignment in lieu of foreclosure, this Deed of Trust shall automatically terminate upon such acquisition of title provided that (i) the Housing Authority has been given written notice of default under such First Lender Deed of Trust with a sixty (60) -day cure period (which requirement shall be satisfied by recordation of a notice of default under California Civil Code Section 2924), and (ii) the Housing Authority shall not have cured the default within such sixty (60) -day period. 28. Request for Notice. Housing Authority requests that copies of the notice of default and notice of sale be sent to Housing Authority at the address set forth in Section 15 above. IN WITNESS WHEREOF, Borrower has executed this Deed of Trust as of the date first written above. Borro r 5 ,ee,,.r)J �- C B o r je c*Qee YcAv-v 10 1552 \03 \565868.5 8639 STATE OF CALIFORNIA COUNTY OF SAN DIEGO O o before m :96 Notary Public, personally appearedG� t� ,proved to me on the basis of satisfactory evidence to be the per on( whose names is re subscribed to the within instrument and acknowledged to me tha e he /they executed the same i his er /their authorized capacity(ies), and that 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 my hand and official seal. Ate! K OMI`�H ,...,. �� #1839$1 n NOWAY 8L'IC- CALIFORNIA 0 1 , SAN DIEGO COUNTY � My Commission Expires JUNE 13 2015 Notary P lic STATE OF CALIFORNIA COUNTY OF SAN DIEGO OrLj/ & ,?ip '21, 2D /Before me,T� / �, ,Notary Public, personally appeared LW� 6 IT1647 proved to me on the basis of satisfactory evidence to be the person s whose name(re subscribed to the within instrument and acknowledged to me that he e/ ey executed the same in hi pheir 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. PAM N, BMITH � fypTMy �U��!c >GAlI��RNIA SAN f I0-00 COUNTY My JUNE miWon I 20i'& ares 1552 \03 \565868.4 MEMAPI vi pm - MfA:;. . " A 8640 EXHIBIT A Property Description <�;5g A&�e� A -1 1552 \03 \565868.4 f, t " EXHIBIT "A" LEGAL DESCRIPTION LOT 11 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. 15743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 5, 2009. END OF LEGAL DESCRIPTION END OF LEGAL DESCRIPTION