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Substitution of Trustee and Partial Reconveyance 2009-0699063RE CORDED AT TME ;:EOUEST OR CFICAGO TITLE COMPANY SUBDIVISION DEPT. RECORDING REQUE57ED BY WHEN RECORDED MAIL TO: l�l California Bank & Trust �Q 11622 El Camino Real, Suite 200 0` San Diego, CA 92130 Attn: Linda Bonventre 624 -01 5116 7+ DOC # "2009- 0699063 I IIIIIIII III II III IIIII IIIII 11111 Nlll IIIII f 1111 IIIII lilll IIiU IIII Illl DEC 18, 2009 8:00 AM SAN DIEGO DCO NITY RECORDE R'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 4kDO WAYS: 2 PAGES: 2 8 1 101110111 IIII I1f l IIII IIII 1111 IIII oil 81111 oil 1111 IIII 111 (Space above this line for Recorder's use only) SUBSTITUTION OF TRUSTEE AND PARTIAL RECONVEYANCE The Undersigned, California Bank & Trust, a California banking corporation, as owner and holder of the note secured by the Construction Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing; hereinafter referred to as the "Deed ", made by Poway Meadows, LP, a California Limited Partnership, as Trustor, to Chicago Title Company, as Trustee, and California Bank & Trust, A California Banking Corporation, Beneficiary, which said Deed dated August 26, 20D8 and was recorded September 17, 2008 as instrument number 2008 - 0493248 of Official Records of San Diego County, State of California, hereby substitutes California Bank & Trust, a California banking corporation, whose address is 11622 El Camino Real, Ste. 200, San Diego, CA 92130, as trustee in lieu of the trustee named therein. California Bank & Trust, a California banking corporation, hereby accepts the appointment as trustee under the above Deed of Trust and as successor trustee, and pursuant to the request of said owner and holder and in accordance with provisions of said Deed of Trust, does hereby RECONVEY WITHOUT WARRANT(, TO THE PERSON OR PERSONS LEGALLY ENTITLED THERETO, the estate now held by trustee thereunder described in said Deed of Trust situated in the County of San Diego, California described on Exhibit A attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed this 16"' day of December, 2009, Lot 20, 21 & 22 - Legal Description — See "Exhibit A" attached TRUSTEE: BENEFICIARY: California Bank & Trust a California banking corporation By: Rose Marie Tassoni Its: Assistant Vice President California Bank & Trust a California banking corporate n By: ! x� Rose Marie Tassoni Its: Assistant Vice President ..W •low 5117 STATE OF California ) )ss COUNTY OF San Diego ) On December 16, 2009, before me, Cheryl Carr, a Notary Public in and for said State, personally appeared Rose Marie Tassoni, 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, 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. n WITNESS my hand and official seal. [SEAL) CHERYL CARR Commbelon # 1637286 Notary Public - Callfomla San Diego County QMy Comm. Expires Feb 9,201 lftw ..r 5118 PARCEL 1: EXHIBIT "A" Legal Description LOT 20 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. RESERVING THEREFROM, THE EASEMENTS DESCRIBED IN THE COMMON MAINTENANCE AREA EASEMENT AGREEMENT (POWAY MEADOWS) RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 29, 2009 AS FILE NO. 2009 - 0540036. FURTHER RESERVING THEREFROM, EACH EASEMENT RESERVED IN ARTICLE X OF THE DECLARATION (DEFINED BELOW) RELATED TO COMMON STRUCTURES (AS SUCH TERM IS DEFINED IN THE DECLARATION). FURTHER RESERVING THEREFROM, EACH EASEMENT RESERVED IN THE DECLARATION. PARCEL 2: EASEMENTS REFERRED TO IN ARTICLE X OF THE DECLARATION RELATED TO COMMON STRUCTURES WHICH IS RESERVED FOR THE BENEFIT OF PARCEL 1 ABOVE. PARCEL 3: ONE CLASS A MEMBERSHIP IN POWAY MEADOWS OWNERS ASSOCIATED, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. THE GRANTEE HEREIN COVENANTS BY AND FOR HIMSELF OR HERSELF, HIS OR HER HEIRS EXECUTORS, ADMINISTRATORS, AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR THROUGH THEM, THAT THERE SHALL NO DISCRIMINATION AGAINST OR SEGREGATION OF, ANY PERSONS OR GROUP OF PERSONS ON ACCOUNT OF 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 w.y ..we 12955, AND SECTION 12955.2 OF THE GOVERNMENT CODE, IN THE SALE, 5119 LEASE, SUBLEASE, TRANSFER, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE PREMISES HEREIN CONVEYED, NOR SHALL THE GRANTEE OR ANY PERSON CLAIMING UNDER OR THROUGH HIM OF HER, ESTABLISHING OR PERMIT ANY PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF TENANTS. LESSEES, SUBTENANTS, SUBLESSEES, OR VENDEES IN THE PREMISES HEREIN CONVEYED. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND. THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN (1) THE AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR POWAY MEADOWS RECORDED SEPTEMBER 29, 2009 AS FILE NO. 2009 - 0540039, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ( "DECLARATION ") (ii) THE OCCUPANCY, REFINANCING AND RESALE RESTRICTION AGREEMENT WITH OPTION TO PURCHASE RECORDED CONCURRENTLY, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ( "DEVELOPMENT AGENCY RESTRICTIONS ") AND (iii) ANY AMENDMENTS TO THE DECLARATION OR DEVELOPMENT AGENCY RESTRICTIONS NOW OF RECORD OR LATER RECORDED, ALL OF WHICH ARE INCORPORATED IN THIS DEED BY REFERENCE TO THE DECLARATION OR DEVELOPMENT AGENCY RESTRICTIONS WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH IN THIS DEED. u 5120 PARCEL 1: EXHIBIT "A" Legal Description LOT 21 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. RESERVING THEREFROM, THE EASEMENTS DESCRIBED IN THE COMMON MAINTENANCE AREA EASEMENT AGREEMENT ( POWAY MEADOWS) RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 29, 2009 AS FILE NO. 2009 - 0540036. FURTHER RESERVING THEREFROM, EACH EASEMENT RESERVED IN ARTICLE X OF THE DECLARATION (DEFINED BELOW) RELATED TO COMMON STRUCTURES (AS SUCH TERM IS DEFINED IN THE DECLARATION). FURTHER RESERVING THEREFROM, EACH EASEMENT RESERVED IN THE DECLARATION, PARCEL 2: EASEMENTS REFERRED TO IN ARTICLE X OF THE DECLARATION RELATED TO COMMON STRUCTURES WHICH IS RESERVED FOR THE BENEFIT OF PARCEL 1 ABOVE. PARCEL 3: ONE CLASS A MEMBERSHIP IN POWAY MEADOWS OWNERS ASSOCIATED, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. THE GRANTEE HEREIN COVENANTS BY AND FOR HIMSELF OR HERSELF, HIS OR HER HEIRS EXECUTORS, ADMINISTRATORS, AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR THROUGH THEM, THAT THERE SHALL NO DISCRIMINATION AGAINST OR SEGREGATION OF, ANY PERSONS OR GROUP OF PERSONS ON ACCOUNT OF 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 r.► 12955, AND SECTION 12955.2 OF THE GOVERNMENT CODE, IN THE SALE, 5121 LEASE, SUBLEASE, TRANSFER, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE PREMISES HEREIN CONVEYED, NOR SHALL THE GRANTEE OR ANY PERSON CLAIMING UNDER OR THROUGH HIM OF HER, ESTABLISHING OR PERMIT ANY PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF TENANTS. LESSEES, SUBTENANTS, SUBLESSEES, OR VENDEES IN THE PREMISES HEREIN CONVEYED. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND, THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN (I) THE AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR POWAY MEADOWS RECORDED SEPTEMBER 29, 2009 AS FILE NO. 2009 -0540039, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ( "DECLARATION ") (ii) THE OCCUPANCY, REFINANCING AND RESALE RESTRICTION AGREEMENT WITH OPTION TO PURCHASE RECORDED CONCURRENTLY, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ( "DEVELOPMENT AGENCY RESTRICTIONS ") AND (iii) ANY AMENDMENTS TO THE DECLARATION OR DEVELOPMENT AGENCY RESTRICTIONS NOW OF RECORD OR LATER RECORDED, ALL OF WHICH ARE INCORPORATED IN THIS DEED BY REFERENCE TO THE DECLARATION OR DEVELOPMENT AGENCY RESTRICTIONS WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH IN THfS DEED. 5122 PARCEL 1: EXHIBIT "A" Leval Description LOT 22 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. RESERVING THEREFROM, THE EASEMENTS DESCRIBED IN THE COMMON MAINTENANCE AREA EASEMENT AGREEMENT ( POWAY MEADOWS) RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 29, 2009 AS FILE NO. 2009 - 0540036. FURTHER RESERVING THEREFROM, EACH EASEMENT RESERVED IN ARTICLE X OF THE DECLARATION (DEFINED BELOW) RELATED TO COMMON STRUCTURES (AS SUCH TERM IS DEFINED IN THE DECLARATION) FURTHER RESERVING THEREFROM, EACH EASEMENT RESERVED IN THE DECLARATION. PARCEL 2: EASEMENTS REFERRED TO IN ARTICLE X OF THE DECLARATION RELATED TO COMMON STRUCTURES WHICH IS RESERVED FOR THE BENEFIT OF PARCEL 1 ABOVE. LVid=111110 ONE CLASS A MEMBERSHIP IN POWAY MEADOWS OWNERS ASSOCIATED, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. THE GRANTEE HEREIN COVENANTS BY AND FOR HIMSELF OR HERSELF, HIS OR HER HEIRS EXECUTORS, ADMINISTRATORS, AND ASSIGNS, AND ALL PERSONS CLAIMING UNDER OR THROUGH THEM, THAT THERE SHALL NO DISCRIMINATION AGAINST OR SEGREGATION OF, ANY PERSONS OR GROUP OF PERSONS ON ACCOUNT OF ANY BASIS LISTED IN SUBDIVISION (A) OR (8) 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 lftw *400 12955, AND SECTION 12955.2 OF THE GOVERNMENT CODE, IN THE SALE, 5123 LEASE, SUBLEASE, TRANSFER, USE, OCCUPANCY, TENURE OR ENJOYMENT OF THE PREMISES HEREIN CONVEYED, NOR SHALL THE GRANTEE OR ANY PERSON CLAIMING UNDER OR THROUGH HIM OF HER, ESTABLISHING OR PERMIT ANY PRACTICE OR PRACTICES OF DISCRIMINATION OR SEGREGATION WITH REFERENCE TO THE SELECTION, LOCATION, NUMBER, USE OR OCCUPANCY OF TENANTS. LESSEES, SUBTENANTS, SUBLESSEES, OR VENDEES IN THE PREMISES HEREIN CONVEYED. THE FOREGOING COVENANTS SHALL RUN WITH THE LAND. THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN (i) THE AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR POWAY MEADOWS RECORDED SEPTEMBER 29, 2009 AS FILE NO. 2009 - 0540039, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ( "DECLARATION ") (ii) THE OCCUPANCY, REFINANCING AND RESALE RESTRICTION AGREEMENT WITH OPTION TO PURCHASE RECORDED CONCURRENTLY, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ( "DEVELOPMENT AGENCY RESTRICTIONS ") AND (iii) ANY AMENDMENTS TO THE DECLARATION OR DEVELOPMENT AGENCY RESTRICTIONS NOW OF RECORD OR LATER RECORDED, ALL OF WHICH ARE INCORPORATED IN THIS DEED BY REFERENCE TO THE DECLARATION OR DEVELOPMENT AGENCY RESTRICTIONS WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH IN THIS DEED.