HomeMy WebLinkAbout; |Byrne, Michelle Marie|Universal American Morgage Company LLC|; 2005-0362903; Property..
DOC # 2005-0362903 1 llllllll Ill 111ll111ll111ll IIIII 111ll IIIII 11111 I1111 111ll lllll 1111 1111
APR 29,2005 4159 PM RECORDING REQUESTED BY:
OFFICIAL RECORDS
City of Carlsbad SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J SMITH COUNTY RECORDER
FEES WHEN RECORDED MAIL TO: PAGES
' 47048 ~~~~~ ~~~~~~~~
0 00 21 DA 1
City City of Clerk's Carlsbad Office I Illlll lllllulllllll1 I1111 1111 1111 11111 lllll1ll1 Ulll lllll11llullln~~ Ill
Am: City Clerk 1200 Carlsbad Village Drive 2005-0362903
Carlsbad. California 92008
(Space above for Recorder's Use)
NOTE TO BORROWER:
THIS DEED OF TRUST CONTAINS
PROVISIONS PROHIBITING AS SUMpTIONS
DEED OF TRUST
AND SECURITY AGREEMENT
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") made as of - Q
w 0 m b ("Borrower") I\ as trustor, and UNIVERSAL AMERICAN MORTGAGE COMPANY. LLC ("Trustee"),
this 25TH dayof APRIL ,2001, among MICHELLE MARIE BYRNE, A SINGLE WOMAN
and the City of Carlsbad, a municipal corporation (the "City"), as beneficiary.
The Borrower, in consideration of the promises herein recited and the trust herein
created, irrevocably grants, transfers, conveys and assigns to the Trustee, in trust, with power of
sale, the property located in the City of Carlsbad, State of California, described in the attached
Exhibit A (the "property")' 2643 HhCOCK CIRCLE, CARLSBAD, CALIFORNIA 92009
TOGETHER with all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, and all fixtures now or hereafter attached to the property, all of
which, including replacements and additions thereto, shall be deemed to be and remain a part of
the property covered by this Deed of Trust; and
TOGETHER with all articles of personal property or fixtures now or hereafter attached to
or used in and about the building or buildings now erected or hereafter to be erected on the
Property which are necessary to the complete and comfortable use and occupancy of such
building or buildings for the purposes for which they were or are to be erected, including all
other goods and chattels and personal property as are ever used or furnished in operating a
building, or the activities conducted therein, similar to the one herein described and referred to,
and all renewals or replacements thereof or articles in substitution therefore, whether or not the
7°K DEED OF TRUST IS SECOND AND SUBORDINATE TO A FIRST DEED OF TRUST RECORDING CONCURRENTLY HEREWITH. 1 12/16/2003
47049
same are, or shall be attached to said building or buildings in any manner; and all of the
foregoing, together with the Property, is herein referred to as the "Security";
To have and to hold the Security together with acquittances to the Trustee, its successors
and assigns forever;
TO SECURE to the City the repayment of the sums evidenced by a promissory note in
the amount of TH- 1 on Dollars
($2 13,000.09 executed by the Borrower to the City as of the date of this Deed of Trust (the
"Note");
TO SECURE to the City the payment of all other sums, with interest thereon, advanced
in accordance herewith to protect the security of this Deed of Trust; and the performance of the
covenants and agreements of the Borrower herein contained; and
TO SECURE to the City the performance of the covenants and agreements of Borrower
contained in that certain Resale Restriction Agreement and Option to Purchase executed by and
between the Borrower and the City of even date herewith (the "Resale Agreement") and to secure
the payment of Excess Sales Proceeds (as defined in the Resale Agreement) that may become
due by Borrower to City;
TO SECURE the performance of any obligations of Borrower in any other agreements
with respect to the financing of the Property or the Security the failure of which would adversely
affect Beneficiary, whether or not Beneficiary is a party to such agreements.
BORROWER AND CITY COVENANT AND AGREE AS FOLLOWS:
Section 1. Borrower's Estate. That the Borrower is lawfully seized of the estate
hereby conveyed and has the right to grant and convey the Security, that other than this Deed of
Trust, the Security is encumbered only by: (a) that deed of trust executed by the Borrower in
connection with a loan made to the Borrower by
or its successors and assigns (the "First Lender"), dated
APRIL 25 , 200A, executed by the Borrower in favor of First Lender, and
recorded in the County of San Diego on , 200-, and assigned Recorder's Serial
No. *** (the "First Lender Deed of Trust"), securing a promissory note executed by the
Borrower in favor of the First Lender ("First Lender Note"), to assist in the purchase of the
Property; (b) the Resale Agreement; and (c) the declarations, easements, restrictions and other
exceptions to coverage listed in any title insurance policy insuring the City's interest in the
Security (the "Permitted Title Exceptions). The Borrower agrees to warrant and defend
generally the title to the Security against all claims and demands other than the Permitted Title
Exceptions. As used in this Deed of Trust, the term "First Lender" shall include all successors
and assigns of the First Lender.
coMPANy
***
Section 2. Repayment of Loan. The Borrower will promptly repay, when due, the
principal, interest and other sums required by the Note and Resale Agreement, including all
principal and interest on the City/Seller Loan (as defined in the Note) and the Excess Sales
*** RECORDED CONCURRENTLY HEREWITH
2 1 2(16/2OO3
47050
Proceeds due under the Resale Agreement.
concerning repayment of the loan under certain conditions:
The Note contains the following provisions
Section 3. Assumption of Note. The Borrower acknowledges that this Note is given in
connection with the purchase of property (the "Residence") as part of a program of the City to
assist in the purchase of homes by lower income persons. Consequently, this Note is assumable
only by Eligible Purchasers (as defined in Section 15B of the Resale Agreement) of the
Residence. The Note is due in full upon all other Transfers (as defined in Section 7 of the Resale
Agreement). In the event this Note is assumed by an Eligible Purchaser, the Eligible Purchaser
shall execute a new note, which shall be in an amount equal to the prinicipal and Contingent
Interest owed by Borrower, a new deed of trust and a new resale restriction agreement with new
thirty (30) year terms in forms approved by the City.
Section4. First Lender Loan. The Borrower will observe and perform all of the
covenants and agreements of the First Lender Note, First Lender Deed of Trust, and related First
Lender loan documents.
Section 5.. Resale Aggeement. The Borrower will observe and perform all of the
covenants and agreements of the Resale Agreement.
Section 6.. Charges; Liens. The Borrower will pay all taxes, assessments and other
charges, fines and impositions attributable to the Security which may attain a priority over this
Deed of Trust, by the Borrower making any payment, when due, directly to the payee thereof.
The Borrower will promptly furnish to the City all notices of amounts due under this paragraph,
and in the event the Borrower makes payment directly, the Borrower will promptly discharge
any lien which has priority over this Deed of Trust; provided, that the Borrower will not be
required to discharge the lien of the First Lender Deed of Trust or any other lien described in this
paragraph so long as the Borrower will agree in writing to the payment of the obligation secured
by such lien in a manner acceptable to the City, or will, in good faith, contest such lien by, or
defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement
of the lien or forfeiture of the Security or any part thereof.
Section 7. Insurance. The Borrower will keep the Security insured with a standard
fire and extended coverage insurance policy in at least an amount equal to the replacement cost
of the Security, but in no event less than the amount necessary to prevent the Borrower from
becoming a co-insurer under the terms of the policy.
The insurance carrier providing this insurance shall be licensed to do business in the State
of California and be chosen by the Borrower subject to approval by the City; provided, that such
approval will not be withheld if the insurer is also approved by the First Lender, the Federal
Home Loan Mortgage Corporation, Fannie Mae, Freddie Mac, the United States Department of
Housing and Urban Development, the United States Department of Veterans Affairs, or
successors thereto.
All insurance policies and renewals thereof will be in a form acceptable to the City and
will include a standard mortgagee clause with standard lender's endorsement in favor of the
holder of the First Lender Note and the City as their interests may appear and in a form
47051
acceptable to the City. The City shall have the right to hold, or cause its designated agent to
hold, the policies and renewals thereof, and the Borrower shall promptly hish to the City, or
its designated agent, the original insurance policies or certificates of insurance, all renewal
notices and all receipts of paid premiums. In the event of loss, the Borrower will give prompt
notice to the insurance carrier and the City or its designated agent. The City, or its designated
agent, may make proof of loss if not made promptly by the Borrower. The City shall receive
thirty (30) days advance notice of cancellation of any insurance policies required under this
section.
Unless the City and the Borrower otherwise agree in writing, insurance proceeds, subject
to the rights of the First Lender, will be applied to restoration or repair of the Security damaged,
provided such restoration or repair is economically feasible and the Security of this Deed of
Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the
security of this Deed of Trust would be impaired, the insurance proceeds will be used, subject to
the rights of the First Lender, to repay the Note and all sums secured by this Deed of Trust, with
the excess, if any, paid to the Borrower. If the Security is abandoned by the Borrower, or if the
Borrower fails to respond to the City, or its designated agent, within thirty (30) days from the
date notice is mailed by either of them to the Borrower that the insurance carrier offers to settle a
claim for insurance benefits, the City, or its designated agent, is authorized, subject to the rights
of the First Lender, to collect and apply the insurance proceeds at the City's option either to
restoration or repair of the Security or to repay the Note and all sums secured by this Deed of
Trust.
If the Security is acquired by the City, all right, title and interest of the Borrower in and to
any insurance policy and in and to the proceeds thereof resulting from damage to the Security
prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed
of Trust immediately prior to such sale or acquisition subject to the rights of the First Lender.
Section 8. Preservation and Maintenance of Security. The Borrower will keep the
Security in good repair and will not commit waste or permit impairment or deterioration of the
Security. If there arises a condition in contravention of this section, and if the Borrower has not
cured such condition within thirty (30) days after receiving a City notice of such a condition,
then in addition to any other rights available to the City, the City shall have the right (but not the
obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien
or other encumbrance against the Security to recover its cost of curing.
Section 9. Protection of the City's Security. If the Borrower fails to perform the
covenants and agreements contained in this Deed of Trust, the Resale Agreement, the First
Lender Note, the First Lender Deed of Trust, or if any action or proceeding is commenced which
materially affects the City's interest in the Security, including, but not limited to, default under
the First Lender Deed of Trust, the First Lender Note or any other deed of trust encumbering the
Property, eminent domain, insolvency, code enforcement, or arrangements or proceedings
involving a bankrupt or decedent, then the City, at the City's option, upon notice to the Borrower,
may make such appearances, disburse such sums and take such action as it determines necessary
to protect the City's interest, including but not limited to, disbursement of reasonable attorney's
fees and entry upon the Security to make repairs.
4 12/16/2003
.
47052
Any, amounts disbursed by the City pursuant to this paragraph, with interest thereon, will
become an indebtedness of the Borrower secured by this Deed of Trust. Unless the Borrower
and City agree in writing to other terms of payment, such amount will be payable upon notice
from the City to the Borrower requesting payment thereof, and will bear interest from the date of
disbursement at the lesser of ten percent (10%) or the highest rate permissible under applicabIe
law. Nothing contained in this paragraph will require the City to incur any expense or take any
action hereunder.
Section 10. Inspection. The City may make or cause to be made reasonable entries
upon and inspections of the Security; provided that the City will give the Borrower reasonable
notice of inspection.
Section 11. Forbearance by the City Not a Waiver. Any forbearance by the City in
exercising any right or remedy will not be a waiver of the exercise of any such right or remedy,
nor shall acceptance by the City of any payment provided for in the Note constitute a waiver of
the City's right to require prompt payment of any remaining principal and interest owed. The
procurement of insurance or the payment of taxes or other liens or charges by the City will not be
a waiver of the City's right to accelerate the maturity of the indebtedness secured by this Deed of
Trust.
Section 12. Hazardous Substances. Borrower shall not cause or permit the presence,
use, disposal, storage, or release of any Hazardous Substances on or in the Property. Bonower
shall not do, nor allow anyone else to do, anytlnng affecting the Property that is in violation of
any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property.
"Hazardous Substances'' shall mean those substances defined as toxic or hazardous
substances or hazardous waste under any Environmental Law, and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials.
"Environmental Law" shall mean all federal and state of California laws that relate to
health, safety or environmental protection.
Borrower shall promptly give City written notice of 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 Borrower has actual
knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediation of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
Section 13. Remedies Cumulative. All remedies provided in this Deed of Trust are
distinct and cumulative to any other right or remedy under this Deed of Trust or any other
document, or afforded by law or equity, and may be exercised concurrently, independently or
successively.
4T053
Section 14. Successors and Assinns Bound. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and
assigns of the City and the Borrower subject to the provisions of this Deed of Trust.
Section 15.
shall be joint and several.
Joint and Several Liabilitv. All covenants and agreements of the Borrower
Section 16. Notice. Except for any notice required under applicable law to be given in
another manner, all notices required in this Deed of Trust shall be sent by certified mail, return
receipt requested or express delivery service with a delivery receipt, or personally delivered with
a delivery receipt obtained, and shall be deemed to be effective as of the date shown on the
delivery receipt as the date of delivery, the date delivery was refused, or the date the notice was
returned as undeliverable as follows:
To the Owner:
At the address of the Residence.
To the City:
City of Carlsbad
Housing and Redevelopment Department
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
Attn: Housing and Redevelopment Director .
The parties may subsequently change addresses by providing written notice of the change
in address to the other parties in accordance with this section.
Section 17.Controlling Law. This Deed of Trust shall be construed in accordance with
and be governed by the laws of the State of California.
Section 18.Invalid Provisions. If any one or more of the provisions contained in this
Deed of Trust, Resale Agreement or the Note shall for any reason be held to be invalid, illegal or
unenforceable in any respect, then such provision or provisions shall be deemed severable from
the remaining provisions, and this Deed of Trust, the Resale Agreement and the Note shall be
construed as if such invalid, illegal or unenforceable provision had never been contained in this
Deed of Trust, Resale Agreement or the Note.
Section 19.Captions. The captions and headings in this Deed of Trust are for
convenience only and are not to be used to interpret or define the provisions hereof.
6 12/16/2003
47054
Section 20. Nonliabilitv for Negligence, Loss, or Damage. Borrower acknowledges,
understands and agrees that the relationship between Borrower and the City is solely that of an
Borrower and the administrators of City inclusionary housing program, and that the City does
not undertake or assume any responsibility for or duty to Borrower to select, review, inspect,
supervise, pass judgment on, or inform Borrower of the quality, adequacy or suitability of the
Security or any other matter. The City owes no duty of care to protect Borrower against
negligent, faulty, inadequate or defective building or construction or any condition of the
Security and Borrower agrees that neither Borrower, or Borrower's heirs, successors or assigns
shall ever claim, have or assert any right or action against the City for any loss, damage or other
matter arising out of or resulting from any condition of the Security and will hold City harmless
from any liability, loss or damage for these things.
Section 21. Indemnitv. Borrower agrees to defend, indemnify, and hold the City
harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable
attorneys fees that the City may incur as a direct or indirect consequence of:
a. Borrower's failure to perform any obligations as and when required by the
Note, Resale Restriction Agreement, and this Deed of Trust; or
b. The failure at any time of any of Borrower's representations or warranties
to be true and correct.
Section22. Default; Remedies. Upon the Borrower's breach of any covenant or
agreement of the Borrower in the Note, Resale Agreement or this Deed of Trust, including, but
not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust, the City,
prior to acceleration, will send, in the manner set forth in Section 14 of this Deed of Trust, notice
to the Borrower specifying: (1) the breach; (2) if the breach is curable, the action required to
cure such breach; (3) a date, not less than thirty (30) days from the date the notice is effective as
set forth in Section 14 of this Deed of Trust, by which such breach, if curable, is to be cured; and
(4) if the breach is curable, that failure to cure such breach on or before the date specified in the
notice may result in acceleration of the sums secured by this Deed of Trust and sale of the
Security. Notice shall be effective as of the date shown on the delivery receipt as the date of
delivery, the date delivery was refused or the date the notice was returned as undeliverable. The
notice will also inform the Borrower of the Borrower's right to reinstate after acceleration and the
right to bring a court action to assert the nonexistence of default or any other defense of the
Borrower to acceleration and sale. If the breach is not curable or is not cured on or before the
date specified in the notice, the City, at the City's option, may: (a) declare all of the sums
secured by this Deed of Trust to be immediately due and payable without fbrther demand and
may invoke the power of sale and any other remedies permitted by California law; (b) either in
person or by agent, with or without bringing any action or proceeding, or by a receiver appointed
by a court, and without regard to the adequacy of its security, enter upon the Security and take
possession thereof (or any part thereof) and of any of the Security, in its own name or in the
name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value
or marketability of the Security, or part thereof or interest therein, increase the income therefrom
or protect the security thereof. The entering upon and taking possession of the Security shall not
cure or waive any breach hereunder or invalidate any act done in response to such breach and,
7 12/16/2003
47055
notwithstanding the continuance in possession of the Security, the City shall be entitled to
exercise every right provided for in this Deed of Trust, or by law upon occurrence of any
uncured breach, including the right to exercise the power of sale; (c) commence an action to
foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the
covenants hereof; (d) deliver to the Trustee a written declaration of default and demand for sale,
pursuant to the pravisions for notice of sale found at California Civil Code Sections 2924, w., as amended from time to time; or (e) exercise all other rights and remedies provided herein,
in the instruments by which the Borrower acquires title to any Security, or in any other document
or agreement now or hereafter evidencing, creating or securing all or any portion of the
obligations secured hereby, or provided by law.
The City shall be entitled to collect all reasonable costs and expenses incurred in pursuing
the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees.
Section 23.Acceleration. Upon the occurrence of a default under the Note, the Resale
Agreement, this Deed of Trust, the First Lender Note, or the First Lender Deed of Trust, the City
shall have the right to declare the full amount of the principal along with any interest under the
Note immediately due and payable. Any failure by the City to pursue its legal and equitable
remedies upon default shall not constitute a waiver of the City's right to declare a default and
exercise all of its rights under the Note, the Resale Agreement, and this Deed of Trust. Nor shall
acceptance by the City of any payment provided for in the Note constitute a waiver of the City's
right to require prompt payment of any remaining principal and interest owed.
Section 24. Borrower's Right to Reinstate. Notwithstanding the City's acceleration of
the sums secured by this Deed of Trust, the Borrower will have the right to have any proceedings
begun by the City to enforce this Deed of Trust discontinued at any time prior to five (5) days
before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any
time prior to entry of a judgment enforcing this Deed of Trust if: (a) the Borrower pays City all
sums, if any, which would be then due under this Deed of Trust and no acceleration under the
Note has occurred; (b) the Borrower cures all breaches of any other covenants or agreements of
the Borrower contained in the Note, Resale Agreement or this Deed of Trust; (c) the Borrower
pays all reasonable expenses incurred by City and the Trustee in enforcing the covenants and
agreements of the Borrower contained in the Note, Resale Agreement or this Deed of Trust, and
in enforcing the City's and the Trustee's remedies, including, but not limited to, reasonable
attorney's fees; and (d) the Borrower takes such action as City may reasonably require to assure
that the lien of this Deed of Trust, City's interest in the Security and the Borrower's obligation to
pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and
cure by the Borrower, this Deed of Trust and the obligations secured hereby will remain in full
force and effect as if no acceleration had occurred.
Section 25. Reconveyance. Upon payment of all sums secured by this Deed of Trust,
the City will request the Trustee to reconvey the Security and will surrender this Deed of Trust
and the Note to the Trustee. The Trustee will reconvey the Security without warranty and
without charge to the person or persons legally entitled thereto. Such person or persons will pay
all costs of recordation, if any.
8 12/16/2003
47056
Section 26. Substitute Trustee. The City, at the City's option, may from time to time
remove the Trustee and appoint a successor trustee to any trustee appointed hereunder. The
successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein
and by applicable law.
Section 27. Subordination to First Lender Mortgage. Notwithstanding any other
provision hereof, the provisions of this Deed of Trust shall be subordinate to the lien of the First
Lender Deed of Trust and shall not impair the rights of the First Lender, or the First Lender's
successor or assign, to exercise its remedies under the First Lender Deed of Trust in the event of
default under the First Lender Deed of Trust by the Borrower. Such remedies under the First
Lender Deed of Trust include the right of foreclosure or acceptance of a deed or assignment in
lieu of foreclosure. After such foreclosure or acceptance of a deed or assignment in lieu of
foreclosure, or upon assignment of the First Lender Deed of Trust to the Secretary of the United
States Department of Housing and Urban Development (the "Secretary"), this Deed of Trust
shall be forever terminated and shall have no fbrther effect as to the Property or any transferee
thereafter; provided, however, if the holder of such First Lender Deed of Trust acquired title to
the Property pursuant to a deed or assignment in lieu of foreclosure, or if the First Lender's Deed
of Trust is assigned to the Secretary, this Deed of Trust shall automatically terminate upon such
acquisition of title or assignment to the Secretary provided that (i) the City has been given
written notice of default under such First Lender Deed of Trust and (ii) the City shall not have
cured or commenced to cure the default within such thuty (30)-day period and given its fm
commitment to complete the cure in the form and substance acceptable to the First Lender.
Borrower agrees to record any necessary documents to effect such termination, if applicable.
Section28. Attorney's Fees. If any action or proceeding is brought to enforce this ,
Deed of Trust or any provision of this Deed of Trust or the Note, the prevailing party shall be
entitled to its attorney's fees and the cost of such action or proceeding.
IN WITNESS WHEREOF, the Borrower has executed this Deed Of Trust as of the date
first written above.
M
Borrower
9 12/16/2003
. 47057
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
on 26AQR\c , 2005 before me,
) ss. .
appeared &I ICUrsC\ e \ r- c?M e
7€=Q=w -r 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 be/she/they
executed the same in Mer/thekuthorized capacity(* and that by BIs/her/tkksignature(+
on the instrument the person(+or the entity upon behalf of which the person(s)-acted, executed
the instrument.
Notary Public - California
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On , 200, before me, , personally
appeared , personally
hown to me (or proved to me on the basis of satisfactory evidence) 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 hishedtheir authorized capacity(ies), and that by his/her/their signature(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.
*.
ORDER NO. 7303907-24 !
47058'
EXHIBIT "A"
(LEGAL DESCRIPTION)
A CONDOMINIUM UNIT COMPOSED OF:
PARCEL 1 (COMMON AREA INTEREST):
AN UNDIVIDED FRACTIONAL INTEREST AS TENANT IN COMMON IN AND TO THE COMMON
AREA OF PHASE 1 AS DESCRIBED ON THE MULBERRY AT BRESSI RANCH CONDOMINIUM
PLAN (THE "CONDOMINIUM PLAN") RECORDED FEBRUARY 11, 2005, AS DOCUMENT NO.
2005-0117224, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
CALIFORNIA, BEING A PORTION OF LOT 1 OF CARLSBAD TRACT MAP CT 03-03, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 14800 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON MAY 21,2004. THE UNDIVIDED FRACTIONAL INTEREST HEREBY CONVEYED IS
THE RECIPROCAL OF THE NUMBER OF LIVING UNITS SHOWN ON THE CONDOMINIUM PLAN
AS BEING WITHIN PHASE 1 OF THE CONDOMINIUM PIAN.
EXCEPTING THEREFROM ALL LIVING UNITS SHOWN ON THE CONDOMINIUM PLAN.
ALSO EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT
MAY BE WITHIN OR UNDER THE ABOVE DESCRIBED LAND ("LAND"), TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND
STORING IN AND REMOVING SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING
THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER
THAN THE LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS
THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH
WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND
BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL,
EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT,
HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE OR OPERATE THROUGH THE
SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED BY
BRESSI GARDENLANE, LLC, BY DEED RECORDED JANUARY 25, 2005, AS DOCUMENT NO.
2005-0061440, OFFICIAL RECORDS
PARCEL 2 (UVING UNIT):
LIVING UNIT NO. 7, AS SHOWN UPON THE CONDOMINIUM PLAN.
PARCEL 3 (EXCLUSIVE USE AREAS):
THE EXCLUSIVE RIGHT TO USE ANY EXCLUSIVE USE AREA SHOWN ON THE CONDOMINIUM
PLAN AS BEING APPURTENANT TO THE LIVING UNIT DESCRIBED IN PARCEL 2 ABOVE.
Page 5
.. .
ORDER NO. 7303907-24 ..
47059
PARCEL 4 (EASEMENT OVER ASSOCIATION PROPERTY):
A NON-EXCLUSIVE EASEMENT FOR USE AND ENJOYMENT OF AND ACCESS OVER THE
ASSOCIATION PROPERTY ("ASSOCIATION PROPERTY" IS DEFINED IN THE DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR
MULBERRY AT BRESSI RANCH RECORDED ON MARCH 10, 2005, AS DOCUMENT NO. 2005-
0197712, OFFICIAL RECORDS), EXCEPTING ANY EXCLUSIVE USE AREA. THE EASEMENT
HEREBY RESERVED, WHICH IS APPURTENANT TO THE LIVING UNIT DESCRIBED ABOVE, IS
FOR ACCESS AND USE OF THE ASSOCIATION PROPERTY, SUBJECT TO THE PROVISIONS OF
THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION
OF EASEMENTS FOR MULBERRY AT BRESSI RANCH AND THE RULES AND REGULATIONS OF
THE MULBERRY AT BRESSI RANCH HOMEOWNERS ASSOCIATION, A CALIFORNIA
NONPROFIT MUTUAL BENEFIT CORPORATION.
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