Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Kern, Lawrence Andrew and Madelein Carol; 2017-05-22;
;" NO I=f2E·?OR T{~E B}:NEHT OF [\:'\i\1. i;if,00 O)UNTY HOUSING fjJ1H:~;R'CfV !, CORPORATE AND RECORDED Af~ ~r",lf CHICAGO TITlf COMP.ANY -ART l:8't. (6399 DOC# 1999-0029199 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME ADDRESS CITY& STATE Housing Authority of the County of San Diego 3989 Ruffin Road San Diego, California 92123-1890 ..JAN 19, 1999 4:53 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 WAY: 2 11111111111111111111111111111 1999-0029199 DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY This DEED OF TRUST, made ---~J=ANU==AR=Y~13=1=99=9 ________________________ between PM LAWRENCE ANDREW KERN AND MADELEIN CAROL KERN AS TRUSTEES OF THE LAWRENCE ANDREW KERN AND MADELEIN CAROL KERN REVOCABLE TRUST DATED JUNE 12, 1990 herein called TRUSTOR. whose address is -~3~8=5~0~HI=G~HLAN'c"'"-"D=D~R~l~VE"'---,----~C~ARLS=,.,,,B"cAD=-------C~A=--~---,-----~9~2~00~8~---=-~-,---- (Number and Street) (City) (State) (Zip C-Ode) CHICAGO TITLE COMPANY, a California Corporation, herein called TRUSTEE, and The Housing Authority of the County of San Diego herein called BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in, San Diego County, California described as: "SEE ATTACHED DESCRJPTION" Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiaty to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of$20 OOQ QO with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof; (2) the perfonnance of each agreement of Trustor incorporated by reference or contained herein or reciting it is so secured; (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or bis or her successors or assigns, when evidenced by a promissocy note or notes reciting that they are secured by this Deed of Trust To protect the security of this Deed of Trust. and with respect to the property above described, Trustor expressly makes each and all of the agreements. and adopts and agrees to peifonn and be bound by each and all of the terms and provisions set forth in subdivision A of that certain Fictitious Deed of Trust referenced herein, and it is mutually agreed that all of the provisions set forth in subdivision B of that certain Fictitious Deed of Trust recorded in the book and page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 King, 858 713 Placer 1028 379 Sierra 38 187 AJpine 3 130-31 Lake 437 110 Plumas 166 1307 Slsldyou 506 762 Amador 133 438 La,.,n 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T..3878 874 Sacramento 71-10-26 615, Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 184 122 San Bernardino 6213 768 Sutte, 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 TehamA 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 TrinitY 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fremo 5052 623 Modoc 191 93 San Mateo 4778 175 Tuo1umne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 ...... 800 633 K,m 3756 690 Orange 7182 18 San Diego Series 5 Book 1964, page 149774 1 l640T) Said agreements,. terms and provisions contained in said subdivisions A and B, (identical in all counties) are preprinted on the following pages hereof and are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein. and Beneficiary may charge for a statement regarding the obligation secured hereby. provided the charge thereof does not exceed the maximum allowed by laws. The foregoing assignment of rents is absolute unless initialed here, in which case, the assignment serves as additional security. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hercwider be mailed to him at his address hereinbcforc set forth. STATE OF CAL~/"'1" Q, COUNTY OF ,,...., ey 0 }S.S. On~;, ..... 7 13 '9'? ~ , before me, /11eu.rell'" a Notal}' Public in and for said County and State. personally appeared L (l w.,. -c e A ,.,J.y,-◄ , I re e.-y n personally known to me ( or proved to me on the basis of satisfactory ~dence) to be the person(s) whose name(s) is/are subscribed to 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/her/their signatu.re(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument WITNESS my hand and official seal Signature~ 2 Signature ofTrwtor /4~.,, C,.....,d'__,, ~ LAWRENCE ANDREW KERN ~'--',,~CJ<.,• ~~·~,~~-=~=£:L__'r--1.--'-\~ MADELBIN CAROL KERN '@· MARTHA MEURER I : ' 'T -COMM. #1177386 n tJ . NOTARVPU8UGCAI.FORNIA u, "' •,,; SAN DIEGO COUNTY (') tJ ~, -My Commission Expires .. L · .... APRIL 22, 2002 I (This axea for official notarial seal) 1 (6401 DESCRIPTION THAT PORTION OF TRACT 247 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLORS: BEGINNING AT A POINT OF INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE, RITH THE CENTER LINE OF HIGHLAND DRIVE, FORMERLY HIGHLAND STREET; THENCE NORTH 28 DEGREES 39' REST, ALONG THE CENTER LINE OF HIGHLAND DRIVE, FORMERLY HIGHLAND STREET, A DISTANCE OF 261.40 FEET, TO THE MOST RESTERLY CORNER OF THE LAND CONVEYED TO HENRY J. BETZMER, ET UX, BY DEED RECORDED JULY 1, 1949 AT BOOK 3244, PAGE 199 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 28 DEGREES 39' REST, ALONG SAID CENTER LINE, 107.40 FEET, TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO CARL GOGLIN, ET UX, BY DEED RECORDED JANUARY 16, 1950 IN BOOK 3455, PAGE 103 OF OFFICIAL RECORDS; THENCE NORTH 61 DEGREES 21' EAST, ALONG THE NORTHUESTERLY LINE OF SAID GOGLIN'S LAND AND THE NORTHEASTERLY PROLONGATION THEREOF; 405.59 FEET; THENCE SOUTH 28 DEGREES 39' EAST, PARALLEL RITH SAID CENTER LINE OF HIGHLAND DRIVE, A DISTANCE OF 107.40 FEET, TO THE INTERSECTION RITH THE NORTHEASTERLY PROLONGATION OF THE NORTHUESTERLY LINE OF BETZMER'S LAND ABOVE MENTIONED; THENCE SOUTH 61 DEGREES 21' WEST, ALONG SAID PROLONGATION AND ALONG SAID NORTHUESTERLY LINE, 405.59 FEET TO THE TRUE POINT OF BEGINNING. DOC# 2017-0287322 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII RECORDING REQUESTED BY: Jun 26, 2017 11 :48 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., Jonathan Vasquez SAN DIEGO COUNTY RECORDER FEES: $72.00 Bank of the West, a California state banking corp. 13505 California St. PAGES: 19 Omaha, NE 68154 WHEN RECORDED MAIL TO: NE-BBP-LL-P Bank of the West Post Closing 13505 California St. Omaha, NE 68154 (Space Above This Line For Recording Data) LOAN NUMBER: 8802020622 MIN: 100104088020206221 DEED OF TRUST DEFINITIONS. Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Ce1tain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated June 2, 2017, together with all Riders to this document. (B) "Borrower" is U.D.T AND RESTATED ON 6/1/04, under Trust Agreement dated June 12, 1990, trustees being LAWRENCE KER.i""\J and MADELEIN KERN or Successors, whose address is 3850 HIGHLAND DRIVE, Carlsbad, California 92008, who is/are the trustor(s) under this Security Instrument. (C) "Lender" is Bank of the West, a California state banking corp .. Lender is a Bank organized and existing under the laws or the State of California. Lender's address is 13505 California St, NE-BBP-LL-P, Omaha, Nebraska 68154. ---- (D) (E) (F) (G) (H) (I) "Trustee" is First Santa Clara Corporation, A California Corp .. "MERS" is the Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of PO Box 2026, Flint, Ml 48501-2026, tel. (888)679-MERS. "Note" means the promissory note signed by Borrower and dated June 2, 2017. The Note states that Borrower owes Lender Three Hundred Ninety-four Thousand Five Hundred and 00/100 Dollars (U.S. $394,500.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July l, 2047. "Property" means the property that is described below under the heading "Transfer of Rights in the Property." "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all smns due under this Security Instflillle.nt, plus interest. "Riders" means all Riders to this Security lnstrun1cnt that are executed by the Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [] Adjustable Rate Rider [] Condoininimn Rider [] Balloon Rider [] Planr,ed Unit Development Rider [] 1-4 Family Rider [] Biweekly Payrncnt Rider [ ] Second Home Rider [X] Othcr(s) [specify]: TRUST, EXHIBIT A CALIFORNIA -Slnglc f.1mily-·Fanni.-! Mac/Freddie ~Jae Ul\"Jl•'OR1'11NSTRUM.l:'NT © 2004-2017 Compliance Systems. [nc, 2a881855-7147c83[ -2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 P:l.gc l of 18 Form 300S 1/0J www.complianccsystems.com ! ililil :!11 l'I iii !!iii It Iii !!Ill! !II: ii;:! m, !Ii m1 \!:! ml ll11l \:Iii iill l:111 1 ml 111!! llill 11111 m !II !llll lilll l!ill lill! llll lllll l!!IIJ llilll li1I II tlli!l l!l lllli 1111 illl ~ D L 2 C 4 7 -8 6 0 2 0 2 0 6 2 2 - 0 6 O· 1 1 7 - 1 5 3 7 -VAS Q U JO 1 * (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that. have the effect of the law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party ( other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESP A. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY. The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of San Diego: Address: 3850 HIGHLAND DR, Carlsbad, California 92008 Legal Description: SEE EXHIBIT "A" Parcel ID/Sidwell Number: 207-010-03-00 ("Property Address"). TOGETHER WITH all the improve1nents now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds t:nly legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instnunent. CALIFORNIA -Single Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT © 2004-2017 Compliance Systems, Inc. 2a881855-7147e83f -2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Form 3005 1/01 Page 2 of 18 www .compliancesystems.com I ill!!I irn II m II!! !:Iii ill! !11111 il!li 11!1l llil illil lliil !Iii ll!!l l!!ll lllll llllliilll 11!11 lllll lllll lilllllllllll 11111 l!lll li:111111 llll lllll ll!llllll!lll li!I II lllll llil llill lilillll * 0 L 2 0 4 7 -B 8 0 2 G 2 0 6 2 2 -□ 6 □ 1 1 7 - 1 5 3 7 - V A S Q U J O 1 • f BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unei1cun1bered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenant8 for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, i!).strurnentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated-by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights _hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds cir return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower 1night have now or in the future against Lender shall relieve Borrower from making pa~ents due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower fo_r a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to_ the repaymer1t of the Pe1iodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodie Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayn1ent charges and then as described in the Note. CALIFORNIA -Single Family-Fannie Mae/Freddie Mac UNIFORM: INSTRUMENT (() 2004-2017 Compliance Systems, Inc. 2a881855-7147c83f-2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Page 3 of 18 Form 3005 1/01 www .compliancesystems.com lill!lil ililil Iii !ill llll lill 1II1 1:1111 !Iii] !liii lllil !Ill ml m 111 liiil III !ill iillli ll!ll I!1I llill l!lll lllil llll llllll lllll llill lllll llll lllll l!llll llll:I li:!III 1mI l]ll 111111111111 * D L 2 0 4 7 -·a 8 0 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 -VAS Q U JO 1 * Any application of payments, insura:1ce proceeds, or Iviiscellaneous Proceeds to principal due under the Note shall not extend or postpone tile due date, or ch.ange the amount of the Periodic Payments. 3. Funds for Escrow Items. Borrower shaii pay to Lender 6{1 the day Periodic Payments are due under the Note, until the Note is paid in full, a Sllln (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold. payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payabl~ by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender n1ay require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,'pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Ite1n, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any tilne by a notice given in accordance with Section 15 and, upon such revocation, Borrower shaU pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold FundS' in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estiinates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the e3crow account, or verifying the Escrow Ite1ns, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires internst to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shali be paid on the. Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESP A'. If there i~ a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to n1ake up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the CALIFORNIA -Single Family -Fannie Mac/Freddie Mae UN°IFORI\I INSTRUMENT © 2004-2017 Compliance Systems, Inc. 2a88!855-i147c83f -2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Form 3005 1/01 • ·Page 4 of 18 www.compliancesystcms.com lill!i1llllii!1ltl!illilliill!lliiiillillillll:11m1mm1mm11111111111:1:illlillllillilll 1 llllllillliilll!llllllllllllllllilllllllillllllllllllilili1llllliiliill!illllllllllllll * D L 2 0 4 7 -·s 8 0 2 0 2 0, 2 2 - 0 6 0 1 1 7 - 1 5 3 7 -VAS Q U JO 1 * amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of ali sums secured by this Security Ir'tstrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground • rents on the Property, if any, and Coll1ll1unity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secure~ by the lien in a manner acceptable to Lender, but only so long as· Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or ( c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within· 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in com1ectionwith this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, whi'ch right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determinatio11, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect ,.such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower se_cured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice frmn Lender to Borrower n;qu~sting payment. CALIFORNIA -Single Family-Fannie Mae/Freddie Mac UNIFOR.i\-l lNSTRUMENT © 2004-2017 Compliance Systems, Inc. 2a88 I 855-7147c83f • 2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Pagd of 18 Form 3005 1/01 www.compliancesystems.com I !ll!!I :l:1111:1 l!ll II:! III ill: !ill Ii !!iii iiil 1111 lilll Iii! l!I! 11!11 li!l lllil Ill! lillll lll!l liiil 1111 lllll m 1111 llllll !Ill lilll lllll llll lllll ll!llil 111111111111 1111 liil 11:11 1111111 * D L 2 0 4 7 -8 8 0 2 C 2 0 6 2 2 - 0 6 0 1 1 7 -1 5 3 7 - V A S Q U J O 1 * All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee and Borrower fuither agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or. Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matte_rs. If Borrower does not_ respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights ( other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies yovering the Property, insofar as such rights are applicable to the coverage of the Property. Lender mayusc the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and _ shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless _ extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Prot~ction of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Propc1ty frmn deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or CALIFORNIA -Single Family -F:.nnie i\fae/FrOOdi~ Mac UNIFOR..\1. INSTRU;t.tENT © 2004-2017 Compliance Systems, Inc. 2a881855-7147e83f-2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Page 6 ofl8 Form 3005 1/01 www.compliancesystcms.com l!lliiil illl! Iii !:Ii! Iii!\ li!ililli lillli ilil!!li!! ml i:lii ml i!lil 11!!1 liiil IIII 11111111!! lllll lli!l llillllllllllllilllillli lllll lllll lllll lllllllll l!lllllllilll !ll II iilill lill llill lill llll • D L 2 0 4 7 - 8 8 0 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 * condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the . Property only if Lender has released proceeds for such purposes. Lender n1z.) disburs~ proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reason£-.ble entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application~ Borrower.shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender ( or failed to provide Lender with 1naterial information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. • 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants··and agreements contained in this Security Instrument, (b) there is a legal proceeding that n1ight significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the.Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority. over this Security Instrument; (b) appearing in court; and ( c) paying reasonable attorneys'· fees to. protect its interest in· the Property and/or rights under this Security Instrument, including its· secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9'.~hall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on i:. leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the prerr1iums required to n1aint?.in the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the pre1niums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, CALIFORNIA -Single Family -Fannie M:-u:/Freddic Mac UNIFORM INSTRU:\1ENT © 2004-2017 Compliance Systems, Inc. 2a881855-7147c83f-2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 P.?gc 7 of 18 Form 3005 1/01 www .compliancesystcms.com llilll:11111:11i1 m ii! Ri:111i!lllill:1:11:111::111111 ml m 11:il Iii!! 111:1 l!li lillll 11!11 l!iil 11:11 illi!lll llll l!llll l!lll lllll l!lll lllllllll lllllilll!lll lll!I II [1!llil 1111111111111111 • D L 2 G 4 7 - 8 8 0 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 * from an alternate mortgage insurer seiected by Lender:. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when tl:ie insurance coverage ceased to be in effect. Lender will accept, use and retain these payn1ents as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lende·r requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to 1naintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and _Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. B?rrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their totai risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agree1nents. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insur_ance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive ( directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrange~ent is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for l\'lortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such· agreements will not affect the rights Borrower has -if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to. have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been CALIFORNIA -Single Family -Fannie Mae/Freddie Mac UNIFORM: INSTRUMENT © 2004-2017 Compliance Systems, Inc. 2a881855-7147e83f-2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Page 8 of 18 Form 3005 1/01 www.complianccsystems.com 111m ii:!! II m mi m illi 1!111: 11:11 ill!l ll!il m ml m ll!ll lill 1[111 ill! iiilll lliil lilll 11!1! 11111 m Ill\ illll lllll ll!ll llil llll lllll llllll llil!I il!I II lll!l llil 11]11 1111111 • D L 2 0 4 7 -8 a O 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 • completed to Lender's satisfaction, provided that such_ in~pection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursmnent or in a series of progress payments as the work is completed. Unless an agrl:ement is made in-writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due; with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total an1ount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b). the fair market value of the Property immediately before the partial taking, destruction,. or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 3_0 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not the,n due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or_ cri_minal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security _Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as·provided in Section 19, by causing the action or proceeding to be dismissed with ·a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. • 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise CALIFORNIA -Single Family -Fannie Mae/Freddie Mac UNIFORM l1'STRUMENT © 2004-2017 Compliance Systems, Inc. 2a881855-7147e83f-2017.24.0.3 Single Family Real Estate -Security Instniment DL2047 Form 3005 1/01 Page 9 of 18 www.compliancesystems.com I !11111 ll,li ii !ill 11!1 lilii !Ill lilllill!ll!ll m1 m m1m ml l!i1l l!l!l lill llllil llill lllll llll!illil!llllll llllll lilll llill llllllllllllll lllllilllilil Iii II 1111!1111111:1111111111 • D L 2 0 4 7 - 8 8 0 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 * modify amortization of the sums secm:cd by this Seturity Instrument by reason of any demand made by the original Borrower or any Successors iri Intei'e~t of Borrower. Any forbearance by Lender in exercising any right or re1nedy including, without lim'itatiojl, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amo~nts less than the amount then due, shall not be a waiver of or preclude the exerci'se of any right or remedy.-· 13. Joint and Several Liability; Co-signer&; Succe~sors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; _and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes B?rrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind ( except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, atto1neys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are-expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets·maximum lcan·charges, and that law is finally interpreted so that the interest or other loan tharges·collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note er by 1naking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayrr1ent without any prepayment charge (whether or not a prepayment charge is provided for, UJ)dcr the Note). Borrower's acceptance of any such refund made by direct payment to Borrower ,v1ll constitute a waiver·of any right of action Borrower might have arising out of such overcharge, 15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when n1ailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless BotTower has designated a substitute notice address by notice to Lender. Borrower .shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,_ then Borrower shall only report a change of address through that specified procedure. There ;nay be oniy one designated notice address under this Security Instrument at any one ti1ne. l-\ny notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein u.,less Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. lf any notice required by this Security CALIFORNIA. Single Fmr.ily -Fannie Mae/Freddie Mac UNJFORl\t INSTRUMENT © 2004-2017 Compliance Systems, Inc. 2a88:S55-7147c83f -2017.24.'J.3 Single Family Real Estate -Security Instrument DL2047 Form 3005 1/01 T':.ige ?O of 18 www.compliancesystems.com 11m111m l!I i:1:1 Iii! i:liiilli illll!111i !li\\ II iii 11111 ml !\iii lliil liiil lilil lililill!i 11111 liiil 11:111111 m 1111 lillli lilll 1!111 i!lllllllllll lllll!lllllll 111111 Im lill llili 1111111 • .£1 L 2 0 4 7 -·~ ·8 0 2 □. 2 0 l;i 2 2 -.Q 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 • Instrument is also required under Applicable La"'., th_e Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Ru~1s oi" Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security L'lstrument are -subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or impiicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and ( c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal _or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred ( or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrllillent discontinued at any time prior to the earliest of: (a) five days.before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such period as Applicable Law might specify for the termination of Borrower's right'to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; ( c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and ( d) takes such _ action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by CALIFORNIA -Single Family -Fannie Mae/Freddie Mac UNIFOR;\I INSTRUMCNT © 2004-2017 Compliance Systems, Inc. 2a88 I 855-7147e83f -2G 17.24.0.3 Single Family Real Estate -Security Instrument DL2047 Form 3005 1/01 Page ii ofl8 www .compliancesystems.com l!lliliill:l'il:li:liim!l:lil!lll!:lllilil!llii[ll:!llililmlmm1m11111111!m111111111111111111111111111111!1111111111111111111111111111111111111111111111111111111111;1111111111 * D L 2 0 4 7 - 8 8 0 2 9 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 * Borrower, this Security Instrument and obligation~ se~urcd hereby shall remain fully effective as if no acceleration had occurred. However, this right to i-ei~state shall not apply in the case of acceleration under Section 18. • 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instnnnent) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of t_he change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the n1ember of a class}. that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 • shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by 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; (b) •:Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or e1ivironmental protection; ( c) "Environmental . Cleanup" includes any response action, remediai • action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which B01Tower has actual knowledge, (b) any CALIFORNIA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRl,;MENT © 2004-2017 Compliance Systems, Inc. 2a881855-7147e83f -2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Page 12 of 18 Form 3005 1/01 www.compliancesystems.com lllli!illl1llil:i!]lilll1llllll]llilillliilill!lliillt:llililli\lll!mlliiillil1llilillll!illillliiilllllilllmlllllilllllillll:illllillllllllllll!ill!lllil'li!lllllli!IIIIIIIIIIIIIIIIII t D L 2 D 4 7 - 8 S O 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 * Environmental Condition, incl~;dirig' but not limit;9.Jo~ any spilling, leaking, discharge, release or threat of release of any Hazarc1~ous Subsrnnce, and' ( c) any cor..dition caused by the presence, use or release of a Hazardous -Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any goven11nen,tal or regulatory authority, or any private party, that any removal or other remediation of any· H~zardous_ Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for-an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agre~ment in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the_ default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date spe~ified in the notice may result in acceleration of the sums secured by this Security Instrument 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 non-exist_ence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled· to collect all expenses incurred in pursuing the remedies provided in this Section 22, -including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sa_le, ~ender shall e~ecute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall cause this notice to be recorded Jn each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to the other persons prescribed .by Applicable Law. Trustee shall give public notice of sale to the persons and in the manne~ prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand oil Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale_ in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously sc_heduled sale. Lender or its 'designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed' or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein'. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale,· including, but not limited to, reasonable Trustee's and _attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons ~egally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this-Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee _ shall reconvey the Property without warranty to the person or persons legaliy entitled to it. Lender may charge such person or persons a reasonable fee for ~econveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services ·rendered and the charging of the fee is permitted under Applicable Law. If the fee CALIFORNIA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRU:\1ENT © 2004-2017 Compliance Systems, Inc. 2a88 l 855-7147e83f -2017 .24.0.3 Single Family Real Estate -Security lnstmmetat DL2047 Page 13 o:18 • Form 3005 1/01 www .compliancesystems.com I illi1! l!il!! 1;1 i!l:i Iii! !!Iii illllillli Ill! iii\ 11:il !11[ ml m ml 11!!1 lil1I 1111 !illil 11111 ll!il 11:111111 m ill! 111111111111:1111111111111111 1!111!11111:i ~I II rm1 l~l! 11111 I 1111111 * D L 2 0 4 7 - 8 B O 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 * charged does not exceed the fee set by Applicable Law, the fee is conclusively presumed to be reasonable. 24. Substitute Trustee. Lender, at its option, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed arid acknowledged by Lender and recorded in the office of the Recorder of the county in which the Property is located. The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Security Instrument is recorded and the name and address of the successor trustee. Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 25. Statement of Obligation Fee. Lender may collect a fee not to exceed the maximum amount permitted by Applicable Law for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. The undersigned Borrower requests that a copy of any Notice of Default and any Notice of Sale under this Security Instrument be mailed to the Borrower at the address set forth above. BY SIGNING BELOW, Borrower accepts and. agrees to the ter.ms and covenants contained in all pages of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. U.D.T AND RESTATED ON 6/1/04 ~-, t' ~< , -,;_~5' r-e< LAWRENCE KERN, Trustee of the U.D.T AND RESTATED ON 6/1/04, under trust instrument dated June 12, 1990. ,•. ~, \~ MADELEIN KERN, Trustee of the U.D.T AND RESTATED ON 6/1/04, under trust instrument dated June 12, 1990. BY SIGNING BELOW, the undersigned Settlor(s) of tl1e U.D.T AND RESTATED ON 6/1/04, under trust instrument dated June 12, 1990, acknowledge(s) all the terms and covenants contained in this Security Instrument and any rider(s) thereto and agree(s) to be bound thereby. x~ ~ --( ~ LA WREN CE KERN Revocable Trust Settlor CALIFOR.i~IA -Single Family -Fannie Mae/Freddi:! Mac Ul'llrOR\I INSTRU'.\!E:'ltT © 2004-2017 Compliance Systems, Inc. 2a881855-7l47e83r -2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 ~='-,,-· ~~· ~-'-.c:........!_----'-¼u-vo~~ \..c, -d-~ 'd-O \ l MADELEIN KERN Date Revocable Trust Settlor Page 14 of IS Form 3005 l/01 www.complianccsystems.com 1:m111n: 1:1 rI: III l:l:i:lli!1111!'.l l!!l!l 111 i!l!li:I m ml 1::11 !Iii i!li !!Iii! m1 liill lllll:111 m 111: !illl! 1:1111m lllll lllllllll lilllilllilI 1!111 i:m l!!i 11111 !1111111 * ~ L 2 0 4 7 -a 8 0 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 * TRUST ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and nol the truthfulness, accuracy, or validity of that document. State Of California County Of San Diego ) ) ) On June 2, 2017 before me, X /; e. M··lfev-- No+iV''{ Pu lo i,'c_;.. , personally appeared LAWRENCE KERN and MADELEIN KERN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s;Hefa°re subscribed to the within instrument, and acknowledged to me that ~hey executed the same in ~/their authorized capacity(ies), and that by ~/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. ACKNOWLEDGl\'IENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State Of California ) County Of San Diego ) On June 2, 2017 ) before nie, ,:rJ,e ;v/,· llr , N'I +-0::v c / Pu,b Civ: , personally appeared LAWRENCE KERN, MADELEIN KERN, who proved to me on the basis of satisfactory evidence to be the person(s) whose nan1e(sµefai-e subscribed to the within instrument, and acknowledged to me that lref'si'ieithey executed the same in ~&,d'/their authorized capacity(ies), and that by ~/befTtheir signaturc(s) on the instrun1ent 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. :!111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111: !!! •. ~"u~, .. • JULIE MILLER s g ./ • COMM. #2098654 :i : t -,._m: , ~ Notary Public -California ~ g San Diego County ~ iii My Comm. Expires Jan. 31, 2019 iii CALIFORNIA -Single Family -Fannie Mae/Freddie Mac UNU'ORi\t INSTRUMENT © 2004-2017 Compliance Systems, Inc. 2a88 I 855-7147c83f -2017.24.0.3 Single Family Real Estate -Security Instrumcn.t DL2047 :+-V-=~--£__.:__c~~:........,..1--(Seal) ptzt,t,1:e;vr' Page 15ofl8 Form 3005 1/01 ·www.complianccsystcms.com !,m:1 :1:1:: II ::1I mt lti!lii!:lilill: :II' Ii::! lill ml m ml 1:1 !il!I 1:1: !ill!! llill li!l! III:lillllilil illllilll!IIIII Im l!iilll!lilli li\ll!ill1l1I liiil II lillll li1l 11111 lililll: • D L 2 0 4 ~ -8 8 0 2 0 2 0 6 2 2 -0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 • I ! .. LOAN ORIGINATOR COMPANY NAME: Bank of the West, a California state banking corp. NMLS COMPANY IDENTIFIER: 19116 LOAN ORIGINATOR NAME: Jason Jackson NMLS ORIGINATOR IDENTIFIER: 239510 CALIFORi~lA -Single Family -Fannie Mae/Freddfo Mac UNIFORM INSTRUMEN r © 2004-2017 Compliance Systems. Inc. 2a881855-7147e83f -2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Form 3005 1/01 www .compliancesystcms.com 11m!l!l:llllili:11111m1111m1:!l1l1il!i!ll]iliillimlmm1m1:111111ii!llillli!llllilllilllillilllilillllilllil:lllli!lllil!lllllllllllilllllllllillllillllmll~llllllillilll * D ~ 2 0 4 7 -8 E O 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J D 1 • i REVOCABLE TRUST RIDER DEFINITIONS USED IN THIS RIDER (A) "Revocable Trust." The U.D.T AND RESTATED ON 6/1/04 created under trust instrument dated June 12, 1990. (B) "Revocable Trust Trustees." LAWRENCE KERN andMADELEIN KERN trustees of the U.D.T AND RESTATED ON 6/1/04. (C) "Revocable Trust Settlors." LAWRENCE KERN, and MADELEIN KERN settlors of the U.D.T AND RESTATED ON 6/1/04 signing below. (D) "Lender." Bank of the West, a California state banking corp .. (E) "Security Instrument." The Deed of Trust and any riders thereto of the same date as this Rider given to secure the Note to the Lender of the same date and covering the Property (as defined below). (F) "Property." The property described in the Security Instrument and located at: Address: 3850 HIGHLAND DR, Carlsbad, California 92008 Legal Description: SEE EXHIBIT "A" Parcel ID/Sidwell Number: 207-010-03-00 ["Property Address"]. THIS REVOCABLE TRUST RIDER is made this 2nd day of June, 2017, and is incorporated into and shall be deemed to amend and supplement the Security Instrument. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, the Revocable Trust Trustee(s), the Revocable Trust Settlor(s), and the Lender further covenant and agree as follows: ADDITIONAL BORROWER(S). The term "Borrower" when used in the Security Instrument shall refer to the Revocable Trust Trustee(s), the Revocable Trust Settlor(s), and the Revocable Trust, jointly and severally. Each party signing this Rider below (whether by accepting and agreeing to the terms and covenants contained herein and agreeing to be bound thereby, or both) covenants and agrees that, whether or not such party is named as "Borrower" on the ·first page of the Security Instrument, each covenant and agreement and undertaking of the "Borrower" in the Security Instrument shall be such party's covenant and agreement and undertaking as "Borrower" and shall be enforceable by the Lender as if such party were named as "Borrower" in the Security Instrument.. BY SIGNING BELOW, the Revocable Trust Trustee(s) accepts and agrees to the terms and covenants contained in this Revocable Trust Rider. • U.D.T AND RESTATED ON 6/1/04 ~ ~ t ~-S'-72~ LAWRENCE KERN, Trustee of the U.D.T AND RESTATED ON 6/1/04, under trust instrument dated June 12, 1990: CALIFORNIA -Single Family-Fannie Mae/Freddie Mac UNIFOR:\1 INSTRUMENT © 2004-2017 Compliance Systems, Inc. 2a881855'7147c83f • 2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 ~ ~ \-r-~ lvIADELEIN KERN, Trustee of the U.D.T 1 • AND RESTATED ON 6/1/04, under trust instrument dated June 12, 1990. ?agcl7orI8 Form 300S 1101 www .compliancesystems.com I lllii!I il1lil Iii !11!111111:illl! i1llli!lili 11::i IM 11:1 llill [II lliil 11!1 lilll 1111 lillll 11]11 lilli llill 1!11! m llli lillll lllll llill 11111111111111 lilllll llilil !!ti II !1 11!1 l!il llill 1111111 • D L 2 0 4 7 -8 8 0 ? 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 * ( ' BY SIGNING BELOW, the undersigned Settlor(s) of the U.D.T AND RESTATED ON 6/1/04, under trust instrument dated June 12, 1990, acknowledge(s) all the terms and covenants contained in this Security Instrument and any rider(s) thereto and agree(s) to be bound thereby. \_o-~-,7 LAWRENCE KERN ' Date ~~\ MADELEIN KERN Date Revocable Trust Settlor Revocable Trust Settlor CALIFORNIA -Single Family-Fannie Mae/Freddie Mac UNIFORM: INSTRUMENT © 2004-2017 Compliance Systems, Inc. 2a881855-7147e83f-2017.24.0.3 Single Family Real Estate -Security Instrument DL2047 Page 18 ofl8 Form 3005 1/01 www.compliancesystems.com I 1111!!111111i Iii 111!1 ll!il rn ill1 !illl! ll11! lli!l llill llll ll!llll!I IM li!ll !Ill llll lillil ll!ll ll!ll llilllllll !:Iii !11111111 lilll lllll lilllllll lllll lillli llilil ill II !ill!I I!! 1111111111111 • D L 2 0 4 7 -8 8 □ 2 0 2 0 6 2 2 - 0 6 0 1 1 7 - 1 5 3 7 - V A S Q U J O 1 • Exhibit "A" Legal Description A.P.N.:. 207-010-03-00 Real property in the City of CARLSBAD, County of SAN DIEGO, State of california, described as follows: THAT PORTION OF TRACT 247 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE, WITH THE CENTER LINE OF HIGHLAND DRIVE, FORMERLY HIGHLAND STREET; THENCE NORTH 28°39' WEST, ALONG THE CENTER LINE OF HIGHLAND DRIVE, FORMERLY HIGHLAND STREET, A DISTANCE OF 261.40 FEET, TO THE MOST WESTERLY CORNER OF THE LAND CONVEYED TO HENRY J. BETZMER, ET UX, BY DEED RECORDED JULY 1, 1949 AT BOOK 3244, PAGE 199 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 28°39' WEST, ALONG SAID CENTER LINE, 107.40 FEET, TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO CARL GOGLIN, ET UX, BY DEED RECORDED JANUARY 16, 1950 AT BOOK 3455, PAGE 103 OF OFFICIAL RECORDS; THENCE NORTH 61°21' EAST, ALONG THE NORTHWESTERLY LINE OF SAID GOGLIN'S LAND AND THE NORTHEASTERLY .PROLONGATION THEREOF, 405.59 FEET; THENCE SOUTH 28°39' EAST, PARALLEL WITH SAID CENTER LINE OF HIGHLAND DRIVE, A DISTANCE OF 107.40 FEET, TO THE INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF BETZMER'S LAND ABOVE MENTIONED; THENCE SOUTH 61 °21' WEST, ALONG SAID PROLONGATION AND ALONG SAID NORTHWESTERLY LINE, 405.59 FEET TO THE TRUE POINT OF BEGINNING. RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Housing & Neighborhood Services Department Attn: Housing & Neighborhood Services Director_ 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2017-0287323 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Jun 26, 2017 11 :48 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $30.00 PAGES: 6 (Space above for Recorder's Use) SUBORDINATION AGREEMENT (REFINANCE) NOTICE: TIDS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this .J 2 day of-,<---'-=-;;;s,,.------' 2017, by LAWRENCE ANDREW AND MADELEIN CAROL KERN ("O"'"""r '), owner of the land hereinafter described, and the City of Carlsbad, a municipal corporation (" eneficiary"), present owner and holder of the deed of trust and promissory note first hereinafter described. WITNESSETH . THAT WHEREAS, Owner did execute a deed of trust, dated JANUARY 13, 1999, to CHICAGO TITLE COMPANY, as trustee, covering: Complete legal description as more particularly described in "Exhibit A" attached hereto and made a part hereof. To secure a note in the sum of TWENTY THOUSAND DOLLARS ($20,000), dated JANUARY 13, 1999, in favor of Beneficiary, which deed of trust was recorded on JANUARY 19, 1999 as Document No. 1999-0029199 of Official Records of San Diego County; and WHEREAS, Owner desires to refinance the property and has executed, or is about to execute, a new deed of trust and note in the sum of THREE HUNDRED NINETY FOUR THOUSAND FIVE HUNDRED DOLLARS ($394,500.00) dated C /.2 , 20 L 2 in favor of BANK OF THE WE~J, hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and 1 CA 3/6/2014 ,· WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and • WHEREAS, Beneficiary is willing to subordinate to said loan provided that Lender shall deliver to Beneficiary a default notice within five business days in each case where Lender has given a default notice to Owner at the following address: Carlsbad Housing & Neighborhood Services Department Attn: Housing & Neighborhood Services Director 1200 Carlsbad Village Drive Carlsbad, California 92008 with a copy to: Carlsbad City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Beneficiary shall have the opportunity, but not the obligation, to cure any default within 60 days following the date of such notice; provided, however that Lender shall be entitled, during such 60- day period, to continue to pursue its rights and remedies under the loan documents. All amounts paid by Beneficiary to Lender to cure any default under the Lender loan documents shall be added to the amount of the Beneficiary loan and shall be secured by the lien of the Beneficiary. WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender shall unconditionally be a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That Beneficiary shall have the right to a Notice of Default, within five business days in each case where Lender has given a default notice to Owner and Beneficiary shallhave 2 CA 3/6/2014 the opportunity, but not the obligation, to cure any default within 60 days following the date of such notice. ·(4) That Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien or charge if the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination a specific loan and/or advances are being made which would not be made but for said reliance upon this waiver, relinquishment and subordination. OWNER(S) By~ A ,?--Gae._. Name: LAWRENCE A. KERN Dated: ---=-f"-_-_/_~_-_/....,.Z"------- OWNER(S) By: f(\<=L)) ,~ o~, t_ ~ Name: MADELEIN C. KERN Dated: __ S"_· _-....c....l ..... (o_, ...._d:=0..._' _,_\7 __ / __ _ CITY OF CARLSBAD By:_~1..,,4:::...__ __ _,_ ______ _ Marisa clstedt, Ch· f Operations Officer Dated: __ 5+-/_-2 z.--1-/_t----1f:'------J I (PROPER NOTARIAL ACKNOWLEDGEMENT OF EXECUTION IS REQUIRED. IT IS RECOMMENDED THAT PRIOR TO THE EXECUTION OF TIIlS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.) APPROVED AS TO FORM . CeliaB~~ AJl°jYJ By: ~ ~ Ron Kemp, Assistant City Attorney Dated: _s-_,_( 1-'-----,/if---'-( 1--- 3 CA 3/6/2014 0 •• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ~....,,,,L...L....loJL>,""""1-'""'--------) on ----'-----""'-"--1-----'-'-¥-,-'4->o,,l.-.11-+--before me, ~ a,-\ric \a. L Q_tgSc f n\, , J\btu.vv °J3JtiJ J-t G Here Insert Name and TitlJ of the ottfcer personally appeared -'L"""'-=g""'-''-"'-W~r€.,._'.A'\<.L_._..(__.,e~-----1i±~_µ\C .... Q_v=_,_n-1,-, -------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose nam~ is/at'e subscribed to the within instrument and acknowledged to me that he/sl=tei''l:hey executed the same in his/1:lefi'-tl=teir authorized capacityti,s), and that by his/hefi'-tl=teir signaturS'6) on the instrument the person~, or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature f Notary B blic Place Notary Sea/ Above ---------------OPT/ONAL--------------- Though this section is optional, completing this information can deter alteration of the d:tDGwn~ fraudulent reattachment of this form to an unintended docume Description o ched Document Title or Type of Documen. ocument Date: _______ _ Number of Pages: __ _ o.u-,cu Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ----------::::~:__ __ Signe ame: ____________ _ □ Corporate Officer -Title(s): __ ,::__ ____ _ □ Corpora fficer -Title(s): ______ _ □ Partner -□ Limited eneral □ Partner - • ited □ General □ Individual □ orney in Fact □ Individual orney in Fact □ Trustee Guardian or Conservator □ Trustee □ Guar, ..... sL) or Conservator □ Other:.---=--------------□ Other: --------~------ Sign s Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 .. , • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of _.....,.....,_______,l,,,L.jµ._.~"'--------) On ~--+------'-"4----==---~ before me, PrJ hie j a L Q,.e,.s.c.. e. ob , l\})]71 ~ ~ Here Insert Name and Title df the Offic~ personally appeared ___[_'M.~a~/25.<e!l:.ld,.S;.e,-.1.'1 .LO.L_.l.,,c,,L., ------l\(.~e-;;::JrL....:....l)L__ ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person()) whose nam~) is/ttt=e subscribed to the within instrument and acknowledged to me that Ae/she/~y executed the same in Ais/her/their authorized capacity~, and that by ffiB/her/their signature($) on the instrument the person~, or the entity upon behalf of which the person(~ acted, executed the instrument. PATRICIA L. CRESCENTI Commission# 2065912 i . ·• , Notary Public ~ California j z · • , .. •. San Diego County ... J. u ~ o o .,~0T"l; tx~r~ ~azi4·}%1al Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description Dt-Nttached Document Title or Type of Doc .......,:.:__-------------Document Dat.~e:.--: =:__ ______ _ Number of Pages: ___ s Other Than Named Above: -----:::.,,.-,::.::::::__ _________ _ Capacity(ies) Claimed by Signer(s} Signer's Name: ___________ _ □ Corporate Officer -Title(s): ---------=,,....,,,:::.... □ Partner -□ Limited □ General □ Individual □ Attorney in._J.A;l''-'' □ Trustee □ Guar or Conservator □Other:------=...-,,::=.:.__ ________ _ er -Title(s): ______ _ □ Partner "r-1-in, □ General □ Individual ~em, • Fact □ Trustee □ Guar servator □ Other: ----------~=---- Signer Is Representing: -------_:,,,,,-=-- ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached; and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared ----L-\J\----'-'-vi:.._Y-_..:..\"=>---=t\'--W-----'~--8-~_~_d_;r_· ____________ _, who proved to me on the basis of satisfactory evidence to be the person('s.). whose name~ is/~ subscribed to the within instrument and acknowledged to me that-Aelshe/tl:ley..executed the same in ..his.lher/tfleir authorized capacity(-ies), and that by Ais,'her/tflei-r signature~ on the instrument the person('s,), or the entity upon behalf of which the person('aj acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seaL Signature\./~~ (Seal) RECORDTNG REQl)TISTEO BY: $tewart Title of California, Inc. DOC# 2020-0651244 . 11111111111111111111111111111111 lllll lllll lllll lllll lllll lllll llll llll Oct 23, 2020 11 :46 AM OFFICIAL RECORDS Ernest J. Oronenburg, Jr., AND WHEN RECORDED MAILT(): • SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) Qarlsl,Jad Housing Servi9es Department Attn: Hq~1slng S!3rvlces Oirector 1200 Cijrlsl_>ad Village Drive Carlsb,ad, CA 92008 Sl)BORINATION AGREEMENT (Please fill in docvrnent title(s) on this line) PAGES: 7 l, 0 Exempt from fee per GC27388.1 due to being recorded In connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 q F.xempt from fee per GC27388.l due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on ______ .,..,-(date*) as document number ____________ of Official Records, or, 3 0 ~xernpt from fee per GC27388.l due to the maximum fees being paid on documents in this transaction, 0°r, •• • • 4 O Exempt from fee per GC27388.l due to the maximum fees haying been paid on documents in the transactlon(s) recorded previously on __________ (date*) as document number(s) • of Official Records, or, 5 llJ ~xempt from fee per GC27388.l, document transfers reai property that is a residential dwelling to an owner-occupier, or, document Is recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier, or, 6 CJ Exempt from fee per GC27388.l due to it being recorded in connection with a transfer of real p;operty that is a residential dwelling tQ an ow;;er-occupier. The recorded document transferring 7 0 8 □ 9 □ Rev 5/18 the (lwelling to the owner-occupier was recorded on __________ (date*) as doc~ment number(s) Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act, by the state, or any county, mvniclpalityor other poHtical subdivision of the state, or, Exempt from the fee per GC 27388.1 {a) (1); Not related to real property, or, Exempt from fee under GC27388.l for the following reasons: THIS PAGE ADDED TO PROVIDE SENATEB1ll2 EXEMPTION INFQRMll,1JON (Additional recording fee applies) *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review RECORDING REQUESTED BY STEWART TITLE OF CALIFORNIA, INC. RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Housing Services Depaiiment Attn: Housing Services Director 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder's Use) SUBORDINATION AGREEMENT (REFINANCE) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this /¥~ay of t'c-rz:,EGR.. , 2020, by LAWRENCE ANDREW KERN AND MADELEIN CAROL KERN ("Owner"), owner of the land hereinafter described, and the City of Carlsbad, a municipal corporation ("Beneficiary"), present owner and holder of the deed of trust and promissmy note first hereinafter described. WITNESS ETH THAT WHEREAS, Owner did execute a deed of trust, dated JANUARY 13, 1999 to CHICAGO TITLE COMPANY, as trustee, covering: Complete legal description as more particularly described in "Exhibit A" attached hereto and made a part hereof. To secure a note in the sum of TWENTY THOUSAND DOLLARS ($20,000), dated JANUARY 13, 1999, in favor ofBeneficiaty, which deed of trust was recorded on JANUARY 19, 1999 as Document No. 1999-0029199 of Official Records of San Diego County; and WHEREAS, Owner desires to refinance the property and has executed, or is about to execute, a new deed of trust and note in the sum of THREE HUNDRED EIGHTY THOUSAND DOLLARS ($380,000) dated October 5, 2020 in favor of UNITED WHOLESALE MORTGAGE, hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and 1 CA 3/6/2014 WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described prope1ty prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, Beneficiary is willing to subordinate to said loan provided that Lender shall deliver to Beneficiary a default notice within five business days in each case where Lender has given a default notice to Owner at the following address: Carlsbad Housing Services Department Attn: Housing Services Director 1200 Carlsbad Village Drive Carlsbad, California 92008 with a copy to: Carlsbad City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Beneficiary shall have the opportunity, but not the obligation, to cure any default within 60 days following the date of such notice; provided, however that Lender shall be entitled, during such 60- day period, to continue to pursue its rights and remedies under the loan documents. All amounts paid by Beneficiary to Lender to cure any default under the Lender loan documents shall be added to the amount of the Beneficimy loan and shall be secured by the lien of the Beneficiaiy. WHEREAS, it is to the mutual benefit of the pmiies hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the paiiies hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender shall unconditionally be a lien or charge on the prope1ty therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That Beneficimy shall have the right to a Notice of Default, within five business days in each case where Lender has given a default notice to Owner and Beneficiary shall have 2 CA 3/6/2014 the oppo1tunity, but not the obligation, to cure any default within 60 days following the date of such notice. (4) That Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien or charge if the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination a specific loan and/or advances are being made which would not be made but for said reliance upon this waiver, relinquishment and subordination. OWNER(S) By: x::~ 4~ Name: LAWRENCE A. KERN Mt-A-le.. \,I~ iC-<-vv\ Dated: /c..V>I ~'"' 7~• I I By: _....:...{~_,/~7_,/-=..2.=------=o_.g..=-..;;_o _____ _ Name: MADELEIN C. KERN lll--t,<:--A kA l e, k ," ~n Dated:~ o\ o ;,~, c._, ~> ~::Y~S~,. l'-'-' __ Geoff Patnoe, Assistant City Manager Dated: \ &::> l t l. l 7-::l:> (PROPER NOTARIAL ACKNOWLEDGEMENT OF EXECUTION IS REQUIRED. IT IS RECOMMENDED THAT PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.) APPROVED AS TO FORM ::J;, B~"cttQ4? Ro"t;i ~p, Assistant City Attorney Dated: -----1-{-0 --1-/41---1-l c;-----1-,!----'-"-d---'----"""'u -- 3 CA 3/6/2014 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared ( --,:e.,o.\'+-.Po .. :tl/"\0€,., who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/.ai:e subscribed to the within instrument and acknowledged to me that he/sl=leftl .. ,y-executed the same in hisLh@Flth@ir authorized capacity(ias-)', and that by his/hef-ftheir signature(.8') on the instrument the person~, or the entity upon behalf of which the personj.sl1 acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature \.~2:Y::6 ~············f ~ MOI\GEN FI\Y : J; Not11ry Public • Ciliferni11 2 :_ ! · : Sin Di~o County ~ z ~ ·•-f Commission # 226i605 - My Comm. Expires Dec 2~. 2022 (Seal) DESCRIPTION THAT PORTION OF TRACT 247 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOUS: BEGINNING AT A POINT OF INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE, WITH THE CENTER LINE OF HIGHLAND DRIVE, FORMERLY HIGHLAND STREET; THENCE NORTH 28 DEGREES 39' WEST, ALONG THE CENTER LINE OF HIGHLAND DRIVE, FORMERLY HIGHLAND STREET, A DISTANCE OF 261.40 FEET, TO THE MOST WESTERLY CORNER OF THE LAND CONVEYED TO HENRY J. BETZMER, ET UX, BY DEED RECORDED JULY 1, 1949 AT BOOK 3244, PAGE 199 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 28 DEGREES 39' WEST, ALONG SAID CENTER LINE, 107.40 FEET, TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO CARL GOGLIN, ET UX, BY DEED RECORDED JANUARY 16, 1950 IN BOOK 3455, PAGE 103 OF OFFICIAL RECORDS; THENCE NORTH 61 DEGREES 21' EAST, ALONG THE NORTHWESTERLY LINE OF SAID GOGLIN'S LAND AND THE NORTHEASTERLY PROLONGATION THEREOF; 405.59 FEET; THENCE SOUTH 28 DEGREES 39' EAST, PARALLEL UITH SAID CENTER LINE OF HIGHLAND DRIVE, A DISTANCE OF 107.40 FEET, TO THE INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF BETZMER'S LAND ABOVE MENTIONED; THENCE SOUTH 61 DEGREES 21' REST, ALONG SAID PROLONGATION AND ALONG SAID NORTHWESTERLY LINE, 405.59 FEET TO THE TRUE POINT OF BEGINNING. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTYOF ~~ On i<> /7 /2o 1o before me, __ "(_m_{2;~5£_,~,,_~J~:=:o__.,__(£cn~'~~-Notary Public, (here insert name and title of the officer) personally appeared __ l .............. CL..,.__uJ~~ce~~----L~-~,_____,-(_l\_~a~.=oJ_,,__ _____ _ maJ~6n fun who proved to me on the basis of satisfactory evidence to be the person@;::hose name@) i~ subscribed the within instrume~d acknowledged to ~at he/sh'e;~executed the same in his/her/ ei authorized capacity~ and that by his/her/~ignatur~1 the instrument the perso sJ or the entity upon behalf of which the pers01@ acted, executed the instrument. I certify tmder 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. Signature: (Ju b tfo/ln L (Seol) !@·· 0 • u , I • EMESE J. SAFFIAN I COMM. #2214769 NOTARY PUBLIC-CALIFORNIA !} SAN DIEGO COUNTY !i My Commission Expires 1 SEPTEMBER 18, 2021 _ __________ OPTIONAL _________ _ Desaiplion of Attached Document J, Title or Type of Document: ~[ 1[Yl[6'(1 Number of Pages; "'2, Document Date: l of7/ Qo?O Other: __________________ _