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
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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.