Deed of Trust and Security Agreement SHOP 2012-0346124RECORDED AT THE REQUEST OF
CHICAGO TITLE COMPANY
SUBDIVISION DEPT.
COMPLIMENTARY RECORDING
REQUESTED PURSUANT TO
GOVERNMENT CODE SECTION 27383
Poway Housing Authority /�
13325 Civic Center Drive /
Poway, CA 92064 A d
Attn: Executive Director
D O C # 201 2 - 0346124
IIIIIII 1111111111111111111111111111111111111111111111111111111111
JUN 13, 2012 4:21 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00 WAYS: 2
DA: 1
12948 PAGES: 13
DEED OF TRUST AND SECURITY AGREEMENT
(Poway Housing Authority- SHOP Program)
T HIS DEED OF TRUST AND SECURITY AGREEMENT ( "Deed of Trust ") made this
1— day of JU1,1 E , 2012, among the trustor, Craig M. Pierson and Trang Le
Ho ('Borrower "), whose address is 12916 Metate Lane, Poway, CA 92064, and Chicago Title
( "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: 12916 Metate
Lane, 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
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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 Secured by Deed of Trust 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 2 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 Date Deed of
Trust Recorded
First Nations Home Finance
2. City of Poway
3.
9
$291,500
$58,856
done. 131 ?0Q_
�on_� ZotZ
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 Deed
of Trust, the term "First Lender" shall include all successors and assigns of the First Lender.)
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
1552 \03\565868.5
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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.
1552V03\565868.5
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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.
1552103 \565868.5
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(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 City of Poway ( "City ") and their respective elected and
appointed 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.
15521031565868.5
12953
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
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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. Severabilitv. 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 or City owe no duty of care to protect Borrower against
1552 \03 \565868.5
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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 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 and City harmless from any liability, loss or damage for these
things.
21. Indemnity. Borrower agrees to defend, indemnify, and hold the Housing
Authority and the City of Poway and their respective elected and appointed 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 or City may
incur as a direct or indirect consequence o£
(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
1552\03 \565868.5
12956
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 sse., 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 sale contained in
this Deed of Trust or at anytime 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 Property. 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
15521031565868.5
12957
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.
orro or
Cfalt M, P,` ,Worn
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10
1552\03 \565868.5
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On , before me Notary
Public, personally appeared eoS proved to me on the
basis of satisfactory evidence to be the/person(s) whose name( are subs ribed to the within
instrument and acknowledged to me that toe he /they executed the same i�tler /their
authorized capacity(ies), and that b is 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.
PATTY N. SMITH
V COMM. #1936981 a
y� NOTARY PUBLIC- CAUFORNIA n
V SAN DIEGO COUNTY 2
My 155 JUNE Expires
Notary Pu is
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
Notary
Public, personally appeared 7J"29&,+ "— &,off , dt//fO proved to me on the
basis of satisfactory evidence to be the pe on(s) whose name( are subscribed to the within
instrument and acknowledged to me that h they executed the same in his er their
s
authorized capacity(ies), and that by hi se 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.
PATTY N. SMITH
COMM. #1936981 n
NOTARY PUBLIC- CALIFORNIA rn
tt SAN DIEGO COUNTY
My commissionEpTes
JUNE 13 2015 otary Pub 'c
1552 \031565868.4
12959
EXHIBIT A
Property Description
A -1
1 552 \03\565868.4
12969
EXHIBIT "A"
Legal Description
LOT 2 OF CITY OF POWAY TRACT NO. 06 -06 THE MEADOWS, IN THE CITY
OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN
BY MAP NO. 15743, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN
DIEGO COUNTY, CALIFORNIA, ON MARCH 5, 2009.