Deed of Trust and Security Agreement BEGIN 2013-0325986 ,�—
, _; RECORDED AT THE REQUEST OF �-y � � {} +}ry� �_�������
' 'CFtICAGdTITLE'COMPANY LJ it CU
SUBDIVISI�� DE�T IIIIIIIII IIIIIII IIIIIIIIIIIII I IIIIIIII IIIIIIIIIIIIIIII
� COtv1PL1ivlErrTaRY RECORn11vG MAY 23, 2�13 4:49 PM
l REQUESTED PURSUANT TO OFFICIAL RECORDS
� GOVERNMENT CODE SGCTION 273H3 SAN DIEGO COUNTY RECORDER'S OFFICE
Emest J. Dranenburg,Jc,COUNTY RECORDER
� FEES: 66.00 WAYS: 2
h,�� City of Poway oa: i
��� 13325 Civic Center Drive P.dlCi�' S: 12
Poway, CA 92064 '� I I��III��I�I�II�I��I�I�I�I��I�I���III����I��III��III��III���II��III��II���III��II I��I
Attn: City Clerk 1 J'4� d
c�oG9ys-g9�- u�z
DGGD OF .TRUST AND SGCURITY AGREEMENT
Cl"CY OF VOWAY
(BEG1N PROGRAM)
NOTICE TO BORROWCR
THIS DGGD OF "1'RUST CONTAINS PROVISIONS RGS"CRICTING ASSUMPTIONS
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") made this
Z3 �d day of May ,2013, among the trustor; Jason'Tagulinao and Tessa
• Tagulinao, Husband,and Wife as Joint Tenants, ("Borrower"), whose address is 12964
Metate Lane, Poway, CA 92064, and Chicago Title Company ("Trustee"), and the City of
Poway ("City") as Beneficiary.
The Borrower, in consideration of and as security for the loan of funds to the Borrower
,by City, irrevocably grants, transfers, conveys and assigns to Trustee; in trust, with power oP
sale, the property located in the and more commonly.known as; 12964 Metate Lane, Poway,
CA 92064 (the "Property").
1. BORROWER, IN CONSIDERATION OF THE INDEBTEDNESS HEREIN
RECITED AND THE TRUST HEREIN CREATED, HEREBY IRREVOCABLY
GRANTS, TRANSFEKS AND ASSIGNS to Trustee in trust, with power of sale and right of
entry and posscssion, all oP Borrower's right, title and-interest now held or hereafrer acguired in
and to the following; (a) all of that certain real property (the "Property") located.at 12964
Metate Lane, in the City of Poway, County of San Diego, State of California, which is more
pan'icularly described in the.attached Exhibit A which is�incorpoi'ated hereinby`this�reference;
and (b) all buildings; improvements and fixtures no�v or hereaf'ter,erected thereon, and'all
appurtenances, easements, and articles of property now or hereafter affixed to, placed upon'or
used in connection with theProperty, together with all additionsto, substitutions for, changes in
or replacements of tHe whole or any part of said articles of property; alb of which are hereby
pledged and assigned, transferi-e8, and set over onlo "I'rustee, and for purposes of this Deed of
Trust declared to be part of the realty; provided, however, that fumiture and other personal
property of Borrower now or hereafter situated on said real property are not intended to be
included as part of the Property.
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2. FORTHE PURP.OSE OF SECURING.
2.1 Repayme�t of the indebtedness evidenced by that certain Promissory Note
of the Borrower dated as of M� , 2013, to the benefit of the Ciry of Poway
(the "Lender") arid entitled BEGIN' .rogram Proinissory Note (the "Note") of the Borrower in �
the principal'amount Fifly-Eight Thousand Eight Hundred F.ifty-Six,Dollars ($58,856),
together with simple interesYon such ind'ebtedness according to fhe terms of the Note, and any
and all amendments, modifications, extensions or renewals of the Note. The Note and this Deed
of Trust are subject to the terms, conditions, and restrictions of the State of CaliPomia BEGIN
Program as set for the in the I-lealth and Safety Code section 50860.et s�. and implementing
guidelines adopted by 1he:Califomia Department of Housing and Community Developinent, all
of which are hereliy incorporated by reference.
2.2 Payment of such additional sums, witli interest thereon:
(a) As may hereafrer be borrowed,from Lender by the then-record
owner of the Property and evidenced by a promissory note or notes reciting that it or they•are so
secured and all modifications, extensions, or renewals of the Note; and
(b) As"may be incurred, paid, or advanced 6y Lender, or as may
otherwise be due to Trustce or Cender, underany provision of this Deed of Trust and,any°
modification, extension; or renewal of this Deed of Trust; and
(c) Asmay otherwise be paid or advanced by Lender ro protect the
security or priority of this Deed of Trust.
2.3 Performance:of'each obligation, covenant, and agreement of Boriower
contained in this Deed of Trust, the Note, or any other document executed by Borrower in
connection with the loan(s) secured by this Deed of Trust, and all amendments to these
documents whether set forth in this Deed of 7'rust or incorporated in lhis Deed of Trust by
reference.
3. BORROWER COVENANTS.
Borzower.hereby covenants to maintain and protect the security of this.Deed of Trust, to
secure the full and, timely performance by Borrower of each and everyobligation, covenant;,and
agreement of Borrower underthe Note and this Deed of Trust, and as additional consideration
for the obligation(s) evidenced by the Note, Borrower covenants as follows:
3.1 Title, That Borrower is lawfully seized of the.estate hereby conveyed and
has the right to grant and convey the Property; and that Borrower will warrant and defend•
generally the title of the Property against all claims and demands subject to any declarations,
easecrients, or restrictions1isted in the schedule of exemptions to coverage in any tiUe insurance
poticy insuring Lender's interest in the Property.
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3.2 Pavment of Principal and Interest: That Bonower'shall promptlypay,
when due, the principal and interest on the Note, and such other charges as are provided in the
Note, and such other amounts as are provided under tliis Deed of Trust.
3.3 Maintenance of the Pronertv, (a) To keep the Property in a decent, safe;
sanitary, tenantable condition and repair and permit no waste-thereof;`(b) not to commit or suffer
to be done or exisYon or!abouPthe Yroperty any condition causing the Property to become less
valuable; (c) remoVe, demolish or sttucturally alter any buildings and improvements now or
hereinafrer located on the Property; (d)to repair, restore or rebuild promptly any buildings or
improvements on the Property that-may'become damaged or be destroyed while subject to the
• lien of this Deed of Trust (e) to comply with all applicable laws, ordinances and governmental
regulations affecting the Property or requiring any alteration or improvement thereof; and not;to
suffer or permit any violations of any. such law, ordinance or,govemmental regulation, nor of any
covenant; condition or restriction affecting the Property; (fl not to initiate or acquiesce in any
change in any zoning or other land use or legal dassification which affects any of the Property
without the Lender's written consent; and (g) not to alter the use of all or any part of the Property
without the prior written consent of the Lender.
3.4 A�near.andDefend. Borrower shall appearin and defend any action or
proceeding purporting to affect tfie'security hereof or the rights or powers of the Lender or
Trustee; and topay all costs and expenses, including cost of.evidence of fitle and attorney's fees
in a reasonable sum, in any such action or proceeding in which the Lender or Trustee may
appeai, and in any suit broughfby the Lender to Poreclose this deed.
3.5 P,avment of Tazcs and Utilitv Char¢es. Borrower shall pay, at least ten
�(1�0)��days before delinquency"all�taxes and assessments afPecting tlie��Property, including �
assessments on appurfenant water stock;when due, all encumbrances, charges and liens, fines
and impositions attributable to fhe Property, leasehold paymentsor ground rents, if any, and any
interest on the Property or any parf the�eof; all costs, fees and expenses of this trust. Borrower
shall make such payments when due, direcdy to the payee thereof. Borrower shall promptly
furnish to Lender all notices.of amounts due under this paragraph, andBorrower shall promptly
furnish to Lender receipts_evidencing all such payments made.
3.6 Insurance. To keep the Property insured.with loss payable to the Lender;
against loss or damage,by fire and such other hazards, casualties and contingencies and by such
companies on such forms and in the amount of the replacement cost oY the Property, and to
deliver the original of all such policies to the Lender, together with receipts satisfac,tory to the
Lender evidencing payment of the premiums. All such policies+provide that tfie Lender shall:be!
given'thiRy (30) days advance wri�tten notice of�the cancellation, expiration or-tecmination of any
such policy or any material change in the coverage aPforded by it. Renewal policies and any
replacement policies, together withpremium receipis satisfactory to the Lender; shall be
delivered to the Lender at least thirty (30) days prior to the expiration of existing policies.
Neither Tiustee nor the Lender shal(by reason of accepting, rejecting, approving or,obtaining
insurance incur any liability Forthe existence, nonexistence, form or legal sufficiency of such
insurance, or solvency of any insurer Por payment of losses. All insurance proceeds for such
losses must be utilized for the repair or restoration of the insured property.
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3.7 Pa�ments,and,Discharae of Liens. Borrower will pay, when due,all
claims of every kind and nature.which might or could becomera.lien on the Property or any part
thereof; provided, however, thaCthe:following are excepfed from [his prohibition: (a) liens for
taxes and assessments which are not<delinquent although by law are given the status of a lien,
and (b) such.of the above claims as are, and only during the time they are, being contested by
Borrower in good faith."andby appropiiate legal proceedings, and Boirowei shall post security
for the payment of these contested claims as may be requested by the Lender. Borrower shall not
default in the payment or performance of any obligation secured by a lien, moRgage or deed of
trust whicfi is superior to this Deed of Trust.
3.8 Assumption of Loan. Borrower acknowledges that this Note isgiven in
connection with the purchase of the Property as part of a program of the City of Poway to assist
in the purchase of homes by low and moderate income households. Consequently, the principal
and interest due under"this Note are assumable only by (i) income-qualifying households as
approved by the City and(ii) only after five years from the recordation of the Deed of Trust
securing this Note. TheNote is due in tUll upon all other Transfers, except those permitted under
Section 4.1 1 below.
4. IT IS MiITUALliY AGREEll THAT.
41 Application,of Pavments. Unless applicable law provides'othenvise,.all
payments received by Lender under the Note and Section 2.1 shall be applied by Lender first to
interest payable on•.the'Note.and tfien to the principal due on the Note.
4.2 Future Advances. Upon request byBorrower, Lender, at Lender's
option„may make future advances to Borrower. All such future advances, with interest ihereon,
shall be added'to and become a partbf the indebtedness secured by'this Deed of Trust when
evidenced by promissory note(s) reciting that such note(s) are secured by this Deed of Trust.
4.3 Disbursements to Protect Lender's Security. All sums disbursad by
Lender to protect and preserve the Property, this Deed of Trust, or Lender's security for the
performance of Borrowee's obligations under the Note shall be and be deemed to be an
indebtedness oP Borrower secured by this Deed of 1'rust.
4.4 Protection of-Lender's Securitv. 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 Lender's interest in the Property; including, but:not limited
to, eminent domain, insolvency;-code enforcement, arrangements or proceedings involving a
bankrupt or decedent, foreclosure of any mortgage secured by the EropeRy or sale oflhe
Propertyunder.a powerof sale of any instrument secured by the Property, then Lender;at
Lender's option,.upon notice toBorrower, may make such appearance, disburse such sums and
take such actiomas is necessary to protect Lender's interest, including, but not limited to,
disbursement of ieasonable attorney's fees and entry upon the Property to make repairs.
Any amounts:disbursed by Lender pursuant to this Section 4'.4, wifh interest
thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust.
Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable
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upon notice from Lender to Borrower requesting payment thereof,and.shall bear interest from
the date of disbursement at the highest rate permissible under applicable law. Nothing contained
in this Section 4.4 shall require Lender to incur any expense or take any action hereunder.
4:5 Insaection. Lender or its agentmay make oi cause to be made reasonable
entries uponand i'nspections of the Prqperty. Lender shall give Borrower notice at the time of or
priar to any such inspection specifying reasonable cause for„the"inspection.
4.6 Awards,and Damages. All judgments; awards of damages, settlements
and compensation made in.connection with or in lieu of(a) taking of all or any part of or any
interest in thePropeRy by or under asserfiop of the power of eininenf domain, (b) any damage to
or destruction of the Property orany part thereof by insured casualty; and (c) any other injury-or
damage to all or any part of Ihe,Pcoperty, are hereby assigned to and shall be paid to the Lender.
The Lender is authorized and empowered (but not required) to collectand receive any suchsums
and is authorized to apply them inwhole or i� part upon any indebtedness or obligation secured
hereby, in such order and manner as the Lender shalf determine at its option. The Lender shall
be entitled to settle and adjust all daims under insurance policiesprovided under this Deed of
Trust and may deduct and-retairi from the proceeds of such insurance.the amount of all expenses
incurred by it in connection with any such settlement or adjustment: r\ll or any part of the
amounts so collected and recovered by the Lender may be released to Bo�rower upon such
conditions as the Lender may impose for its disposition. Application'of all or any part of the
amounts collected and received by the Lender or the release thereof shall not cure or waive any
default under this Deed of Trust. If the Property is abandoned by Borrower, or if, after notice by
Lender to Borrower that the condemnor offers to make an award orsettle a claim for damages,
Borrower fails to respond to Lenderwithin thirty (30) days after the;date such notice is mailed,
Lender is authorized to collect and apply the proceeds, at Lender's option; either to restoration or
repair ofthe Property ar [o the�sum secured by this Deed of Trust.
4.7 Prohibition on Transfers of Interest. 'With the exception of the transfers
permitted in Section 4.1 1 below, if all or anypart of the Property or an interest therein is sold or
transferred by Borrower without Lender'.s prior writlen consent, Lender may, at Lender's option,
declare all the sums secured by this Security Instrument to be immediately due and payable. If
Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in
accordance with Section 6.9 hereof. Such notices shall provide a.period of not less than 30 days
from the date the notice is mailed within which Borrower may pay the sums declared due. If
borrower fails to pay such sums prior to the expiration of such period, Lender may, without
furtlier notice or demand on Sorrower, invoke any remedies perrnitted by Section 5'.2(a)fiereoP.
4.8 Sale ur'Eorbearance. No sale of the Property; forbearances on the part of
the Lenderor extension of the time for payment of the indebtedness hereby secured shall operate.
to release; discharge, waive, modiPy, change or affect the liability of Borrower either in whole or
in part.
4:9 Thc Lender's Rights to Release. Without affecting the liability of any
person for payment of any indebtedness hereby secured (other tRan any person released pursuant
hereto), including without,limitation any one or more endorsers or guaTantors, and without
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affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and
from tiine`to time wifhout notice: (a) The Lender may, at itssole discretion, (i) release any
person now-oi hereafter liable forpayment of any or all such indebtedness. (ii) extend the time
foror agree to alfer the terms.of payment of any or all.ofsuch indebtedness, and (iii) release or
accept additional security for such indebfedness, orsubordinafe`the lien or charge hereof; and (b)
Trustee, acting pursuant ro the writtemrequest of the Lender, may reconvey all or any part of the
PropeRy,.consent to the:making of any map or plot thereof,join_in granting any assessment
thereon, or join in any such agreement of extension or subordination.
4.10 Reconvevance. Upon paymenl oF all sums secured by this Security
lnstrument, Lender shall requesf Tiustee to reconvey the Property and shall surrender this
Security Instrument and all.notes:evidencing indebtedness secured by this Security lnstrument to
Trustee. Trustee shall reconvey the Properly without warrantyand without charge'to the person
or persons.legally entitled thereto. Such person or persons shall pay all costs of recordation, if
any. The recitals in the reconveyance.of any matters or facts•sfiall be conclusive proof of the
truthfulnessthereof.
4.11 Requirement of Owner-oceunancv and Permitted Transfers.
Borrower'shall.occupy the['roperfy as:Borrower's piincipal place of residence during the term as
described in the Note. Notwithstanding any other provision'of the Note or this Deed o£Trust,
the-following transfers shall not lie deemed to be a default under the Note or this Deed of Tnast
and shall not cause acceleration of payment of the BGG[N Loan:
(a) Atransferto another incomerqualifying household after five years
from the recordation of the deed.of trust securing the BEGIN loan.
(6) The transfer of the Property to the surviving joint tenant 6y"devise,
descent or operation of the law,;onthe death of a joint tenant.
(c) A transfer of the Property where the spouse becomes an.owner oP
the Properiy;
(d) A transfer of the Property resulting�:from a decree of dissolution of
marriage or domestic partnership, legal separation or from an incidental`property settlement
agreement by which the spouse or domestic partner becomes an owner of the Property.
(e) A transfer by Borrower to an inter vivos trust.in which the
Borrower is and remains the sole beneficiary and Borrower continues to occupy Ihe Property.
4.12 Subordination. Notwithstanding any other.provision hereof, the
provisions of this Deed of Trust'shall be subordinate to the lien of First Nations Home Finance
(the "Senior Lender") and shall not impair the rights of Senior Lender,,the:Senior Lender's
successors o� assigns, to exercise'its remedies under the Senior Lender Deed.of"['rust in the;event
of default under the Senior Lender Deed of Trust (defined below)'by the Borrower. Such
remedies under the Senior Lender Deed of Trust include the right,bf foredosure or accepYance of
a deed or assignment:in lieu of foreclosure. After such foredosure or acceptance of a deed or
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assignment in lieu oF foreclosure, this Deed of Trust shal] be forever terminated and shall have
no further effect as to the Property or any transferee thereafrer; provided, however, if the holder
of such Senior Lender Deed of Trust acquires title to the Propertypursuant to a deed or
assignmenT in lieu of foreclosure, this Deed of'I'rust shall automatically terminate upon such
acqui§ition of title, only if either a;notice of default was recorded.undei the applicable Senior
Lender Deed of Trust or, if no notice oP default was recorded, (iJ the Borrower has been given
written notice of default under such Senior Lender Deed of Trust (which requirement may be
satisfied by recordation of a notice of.default under California Civil Code Section 2924), (ii) the
Lender has 6een provided'with written notice of Borrower's default, provided Lender records a
request for notice under Civil Code Section 29246, and (iii) Borrower or its designee shall not
have cured the default within sixty (60) days of such notice. As used in this Deed of Trust,
Senior Lender Deed•of Trust shall mean the deed or deeds oftrust'securing the loan or loans
from the Senior Lender to Borrower.
5. EVENTS OF DEFAULT
5.1 Events of Default. Any one or more ofthe following events shall
constitute a default under this Deed of Trust (a) failure of the Borrowei to pay the indebtedness
secured hereby or any installment thereof, whether principal, interest or otherwise, when and as
the same become due and.payable, whether at maturity or by acceleration or otherwise; or (b)
failure of Borrower to observe or to perform any covenant condition or agreement to'be observed
or performed by Bonower pursuant to the Note or this Deed of Trust including but not.limited to
the occupancy of property by.Borrower provision; or (c) Ihe occur�ence of any event which,
under�t}ie termsrof the Note,�shall,entitle the Lender to exercise the rights or remedies tfiereunder;
or(d) the occurrence of any event which, under the terms oFthe First Note and First Deed of
Trust shall entitle the Lender to exercise the righ[s or remedies thereunder.
5.2 Aceeleration and Sale.
(a) Acceleration. Except as provided in Section 4.7, upon Borrocver's
breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants
to pay when due any sums.secured by this Deed of Trust, upon Borrower's failure to make any
payment or to perform.any of its obligations, covenants and agreements pursuant to the Note,
Lender shall mail notice to Borrower as provided in Section 6:9 hereof specifying: (i) the breach;
(ii) the action requiced to cure such breach; (iii) a date, no lessthan 30 days from the date the
notice is mailed to Borrower, by which,such breach must be cured; and (iv) that;failtve�to cure
such breach on or before the date specified in the notice may result in acceleration of fhe sums
secured by this Deed of"Crust and sale of the Property. The notice shall further inform Borrower
of the right to reinstate after acceleration and the right to bring,a court action to assert the
nonexistence of;a;default or any other defense of Borrower to,acceleration and sale. Ifthe breach
is not cured on or before•the•da[e specified in the notice, Lender at Lender's option may decl'are
all of the sums secured by this Deed of Trust to be immediately due and payable without further
demand and may invoke tfie power of sale and any other remedies permitted by applicable law.
Lender shall be entitled to collect from the Borrower, or sale proceeds, if any, alLreasonable
costs and expenses incurred in;pursuing the remedies provided in this paragraph, including, but
not limited to, reasonable attorney's fees.
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, (b) Borrower's Right to Reinstate. Notwithstanding Lender's
acceleration of the sums securedby this Deed of Trust, Borrower will`have'the^right to have any
proceedings begun by Lender to enforce this Deed of 7'rust discontinued at any time prior to five
(5) days before sale of tHe Property pursuant ro the power of sale contained in this Deed of Trust
or at any fime prior to entry of Ihe judgment;,enforcing this Deed of Trust if: (i) Borrower pays
Lender'all sums which would be then due under this Deed of Trust and the Note, had no
acceleration occurred; (ii) Borrower,pays all reasonable expenses.incurred by Lender and Trustee
in enforcing the covenants and agreerrments of Borrower contained in this Deed of Trust,
remedies including, but notlimited.to,:reasonable attorneys' fees; and (iii) Borrower takes such
action as Lender may reasonablyYequire to assure that the lien of tfiis Deed of Trust, Lender's
interest in the Property 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 will remain in full force and effect.as if no acceleration had
occurred.
(c) Sale. After delivery to Trustee of a Notice of Default and Demand
for Sale and after the expiration of such time and the giving of such notice of default and sale as
may then be.required 6y law, and without demand on Borrower Trustee;shall sell the Property at
the time and place of sale fixed 6y it in said notice of sale; at public auction to the highest bidder
for cash in la�vful money of the United States of America, payable at time of sale. Trustee may
postpone sale of all or any portion of the Property by public announcement at such time and
place of sale and from t�me to time thereafter may postpone sucfi'sale by public announcement at
the time and place fixed by the preceding postponement. Any person, including Borrower,
Trustee or the Lender, may-purchase at such sale. Upon such sale by Trustee it 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 their truthfulness. Upon sale by Trustee and afrer deducting all costs, expenses and Fees of
Trustee and of this Deed of Trust, Trustee shall apply the proceeds of sale to the payment oftlie
principal indebtedness hereby secured, whether evidenced'by the Note or otherwise, or
representing advances made or costs or expenses paid or incurred 6y the Lender under lhis Deed
of Trust, or the secured obligations or any other instrument evidencing or securing any
indebtedness hereby secured and to the payinent of all other sums,then secured-thereby,
including interest as provided in°this Deed of Trust, the secured obligations or any other such
instrument, in such order as,the Lender shal] direct; and then the remainder, if any, shal] be paid
to the person or persons legally entitled thereto.
(d) Assignment of Rents; Apnuintment of Recciver; Lenderin
Possession. Upon acceleration under Section 5.2(a) hereof or abandonment of the Property,
Lender (in person; by agent or byjudicially appointed receiver) shall be entitled to enter upon,
, take possession of and manage the"Property and to collect the rents of the PropeRy (if any)
including those past due. All rents collectedby Lender or the Receiver shall be applied first to
payment of the costs of managemenT of the Property and collection.of rents including,but not
limited to, receiver's fees;premiums on receiver's bonds and reasonable attorney's fees, and then
� to the sums;secured, by this.Security Instrument. Lender and the receiver shall be liable to
account only for those renfs actually received. The provisions of this paragraph and Section
5.2(a) shall operate subject ro'the claims of prior lien holders.
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5.3 Exercise of Remedies; Delay. No exercise of any:right orremedy by the
Lender or Trustee fiereunder shall constitute a waiver of any other�right<or remedy herein
contained or provided 6y law, and no 8elay by the Lender or Trustee in exercising any such right
or remedy hereunder'shall operate as a waiver thereofor preclude the exercise thereof during the
continuance of any default hereunder.
5.4 Trustee Substitution. The.irrevocable power to appoinba.substitute
trustee or trustees hereunder is hereby expressly granted to the Lender, to be exercised at any
time hereafrer, without specifying any reason therefore by filing for record in the office where
, this Deed of Trust is recorded a deed.of appointment, and said'power of,appointment of
successor trustee ar trustees may 6e exercised as ofren as and whenever the Lender deems
advisable. The exercise of said`power of appointment, no matterhow ofren, shall not be'deemed
an exhaustion thereof, and upomrecording of such deed or deeds of appointment, the trustee or
trustees so appointed sh"all thereapon; without further act or deed of conveyance; succeed to and
become fully vested with identically the same title and estate in and to the Property hereby
conveyed and with all the rights;powers, trusts and duties of the predecessor in the trust
hereunder, with [he like effect as if originally names as trustee or as one of the trustees.
5.5 Remedies Cumulative. No remedy herein contained or conferzed upon
the Lender or Trustee'is•intended to be exclusive of any othec remedy or remedies afforded by
law or by the terms hereof to the Lender or Trustee but each and'every such remedy,shall be
cumulative and shall be in�addifion to every other remedy given hereunder or now or hereafrer
existing at law or in equity.
6. MISCELLANEOUS PROVlS10NS
61 Successors,Assiens, Gender, Number: The covenants and agreements
contained in this,D'eed of Tcust shall bind, and-the benefit and advantages under it,shall inure to,
the respective heirs, executors; administrators, successors and assigns of the parties. Wherever
used, the singular number shall include the plural, and the plural the singular, and the use of any
gender shall,be applicable to all genders.
6.2 Headines: The headings are inserted only for convenience of reference
and in no way define, limit, or describe the scope or intent of this Deed of Trust, or of any
particularprovision thereoF, or the proper construction thereof.
6.3 Actions on Behalf of thc Lender. Except as otherwise specifically
provided herein, whenever any approval, notice, direction, consent, request or other action_by the_
Lender is required or permitted under this Deed of Trust, such action shall be in writing.
6.4 Terms. The words "the C,ender" means the present Lender, or any future
owner orHolder„including pledgee oftheindebtedness secured hereby.
6.5 Oblisations of Borrower. If more than one person'has executed this
Deed of Trust as "Borrower," the obligations of all such persons hereunder shall be joint and
several. �
]0
I552103VU1460.3
. ' . 13d69
6:6 Inwrnoration bv References. The provisions of the BEGIN Program
security.instruments and the d'ocuments relating to that program are incorporated by reference as
though set out verbatim.
6i7 Severabilitv. If anyprovision of this Deed of Trust shall be invalid,
illegal orunenforceable, the validity, legality and enforceabil,ity of the remaining provisions
hereof shall not in any way be affected or impaired.
6.8 Indemnification. Borrower will indemnify and hold the Lender, its
officersand agents harmless against any and all losses, claims, demands, penalties and diabilities
which the Lender; its officers or agents may sustain or suffer by reason of anything done or
omitted in good,faith pursuant to o"r in connection with this Deed of Trust and'not assert any
claim against [he Lender, its officers or agents by reason of any action so taken or omitted.
Borrower shall, at Borrower's expense, defend, indemnify, save and fiold the Lender, its officers
and agents harmless from any and all claims, demands, losses, expenses, damages (general,
punitive or otherwise), causes of action (whether legal or equitable:in nature) asserted by"any
person, firm, corporation or other entity arising out of this Deed of Trust and Bonower shall pay
the Lender upon demand all claims,judgments, damages, losses or expenses (including
reasonable legal expense) incurred by the Lender as a result of any legal action arising out of this
Deed of Trust.
6.9 Notice. Gxcept 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 giyen by
mailing such notice by certified mail directed to the Property Address or any other address
Borrower designates by notice to Lender as provided herein; and, (b) any notice to Lender shall
be given by certified mail, return receipt requested, to Lender's mailing address stated herein or
to such other•address as Lender may designate.by notice to Borro,wer as provided herein. Any
notice provided for in this Deed of Trust shall deem to have been given to Borrower or Lender
when given in the manner designated herein.
� 6.10 Benefieiarv Statement. Lender may coll8ct a.fee for fumishing the
beneficiary slatement in an amount•not to exceed the amount as provided by Section 29�#3 of the
Civil.Code of California.
6.11 Use oT Proaertv. Borrower shall not permit or suffer the use of any of the
I'roperty for any purpose other than as a single family residential dwelling.
[Signatures on following page]
11
I S52\03 V 014603
� I,34 70
IN WITNESS'WHEREOF, Borrower has executed this Deed of Trust on the day and
year set forth above. By signing below, Borrower agrees to the terms`and conditions as set forth
above.
MAILING ADDRESS FOR NOTICES: SIGNATURE OF BORROWER(s):
Jason and'Tessa Tagulinao
12964 Metate Lane By: ° �� — —� �
Poway, California 92064 Jason Tagulinao �
By 10 ' ✓U�`�
T sa li a
Acknowledgements
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
On � z Z d � ;before me ]�{�YL L I� S{f//`/� , Notary Public,
personally'appeared oN�l(.tL � 17,.proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed fo the within
instrument and acknowledged to me that he/she/they executed.the same in his/her/their
authorized capacity(ies), and that.by his/hedtheir signature(s) on.the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed Ihe instrument.
I certify [INDGR PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is frue and correct.
WITNESS my hand and official seal.
� PHYLLIS SHINN <_\^�/� ^
Commitabn�► 1956215 ' ' �
� -s Notary,P.ublic •Catlfornia � �������
t San'oiepo counry � Notary ic
' M Comm. Ea iiss Nov 9;2015
12
1 Si2103 V 01460.3
" ' , . . � Order No.: 00006945-996-U 12
G�xNT 6T1"�I��/
LEGAL DESCRIPTION 13 4 71
LOT 24 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.
APN: 317-350-63
END OF LEGAL DESCRIPTION
CI:PA Preliminnry ReportForm-Modificd(II-17-06)
Pagc 3