HomeMy WebLinkAbout; Join Hands Save A Life; 2001-0617550; PropertyDOC # 2001-0617550
kt RECORDING REQUESTED BY:
City of Carlsbad
EJiS WHEN RECORDED MAIL TO:
CIUG 29s 2001 2:15 PM
10733 MY: 2
City of Carlsbad
City Clerk's Office
Attn: City Clerk
Carlsbad CA 92008
1200 Carlsbad Village Drive ., * ,... , , * ,, i ,_.. ,, '_ ,_, ,., .. ,,
., : ~.'>:'.' .' . , ' :,' 'I ".., (SpaceaboveforRecorder'sUse) ., , .,
., D O$f&JST AND SECURITY AGREEMENT ('5%
on the y bf ' ,'Auqust ,2OOL, among
non-profit axpotation, ("Borrower") as trustor, and Lawyers Title
corporation ("Trustee"), and the City of Carlsbad, a municipal cor
beneficiary. .,
The &u"r;in donsideration of the promisee herein recited andthekg
irrevocably gmnk. transfers, coRv6ys and assigns to the Trustee; in truiit,'with
property located in the City of Carlsbad, State of Califwnia, identified.as to~"2Q~-081-08,204-
081 -09, and 204-081-10 In the Village Redevelopment Area of the Ci'df cailsbed and is further
described in the attached EZhiblt "A (the "Property").
TOGETHER WITH an easements, appurte ;fixture$ now or hereafter a pari of
the property, all of which, 'including repkokhents s therao, shall be deemed to be
and remain a pari of the property coveredby this Security Instrument; and,
,,
TO SECURE to the City the, of,the:+s -e\lWenced by a promissory note
, 2001 the principal executed by the Borrower to the City dated ,Bxgust 3
sum of eighty thousand dollars ($100,671) (the "Note").
TO SECURE to the City the payment of all other sums, with interest thereon, advanced in
accordance herewith to protect this Security Instrument; and the performance of the covenants
and agreements of Borrower herein contained; and,
TO SECURE the performance of any obligations of Borrower in any other agreements with
respect to the financing of the Property, the failure of which would adversely affect Beneficiary,
whether or not Beneficiary is a party to such agreements.
10734
BORROWER AND THE CITY COVENANT AND AGREE AS FOLLOWS:
1. Borrower's Estate. That Borrower is lawfully seized of the estate hereby
conveyed and has the right to grant and convey the Property, that other than this Security
Instrument, the Property is unencumbered. Borrower warrants and will defend generally the title
to the Property against all claims and demands, subject to any declarations, easements or
City's interest in the Property.
restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the
2. Payment of Principal and Prepayment. Borrower shall promptly pay when due the principal of the debt evidenced by m:Note. ,'The Note contains the following provisions
concerning payment of the loan &der &Maim cond@ns:
,.
connection wit
the provision of recreational OpportunMes for. income families.
Consequently, the Note is not assumable
full upon expiration of the term of the Note, or on the date the Property is 6okl or transferred,
whichever occurs first.
3. Llens: Borrower shall pay aUtaxes,' a&es
impositions a the Property which mafattain priority over thi
Borrower shall pay these obligations on time directly to the person owed'$ayment., &rrower shall
promptly furnish to the City all notices of amounts to be paid under thid Sebtion. if Borrower
makes these payments directly, Borrower shall promptly furnish to the City,teceip& evidencing the
payments.
Borrower shall promptly d&{drge any other lien whkhshall h priority over this
Security Instrument desk. Borrowet. (1) agrees in.-writ/ng to the nt of the obligation
secured by the lien in .a manner acoeptable to the City; (2) contests ih hthe lien by, or
defends against enforcement of the lien in, legal proceedings which in thKCis opinion operate
to prevent the enforcement of the tin; or (3) secures from the holder of the lien an agreement
satisfactory to the City subordinatig the lien to this security Instrument, If the City determines
that any part of the Property is subject to a lien which may attain priority over this Security
Instrument, the City may give Borrower a notice identifying the lien. Borrower shall satisfy such
lien or take one or more of the actio& set forth above within 10 days of the giving of notice.
*,
4. Hazard or 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 floods or flooding, for which the
City requires insurance. This insurance shall be maintained in an amount equal to the
providing the insurance shall be licensed to do business in the State of California and be chosen
replacement cost of the Property and for the periods that the City requires. The insurance carrier
fails to maintain coverage described above, the City may, at the City's option, obtain coverage to
by Borrower subject to the City's approval which shall not be unreasonably withheld. If Borrower
protect the City's rights in the Property in accordance with Section 6.
All insurance policies and renewals shall be acceptable to the City and shall include a
standard mortgagee clause with standard lender's endorsement in favor of the Deed of Trust and
the City as their interest may appear and in a form acceptable to the City. The City shall have the
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10735
right to hold, or cause its designated agent to hold, the policies and renewals thereof, and
Borrower shall promptly furnish to the City, or its designated agent, the original insurance policies
or certificates of insurance, all renewal notices, and receipts of paid premiums. In the event of
loss, Borrower shall 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 days advance notice of cancellation of any insurance
policies required under this Section.
Unless the City and Borrower otherwise agree in writing, insurance proceeds shall be
applied to restoration or repair of the Property damaged, provided such restoration or repair is
economically feasible and the City's security is not thereby impaired. If the restoration or repair is
not economically feasible or the City's seoUrlty of this' of Trust would be impaired, the
insurance proceeds shall be .applied to, repay the sthi by this Security Instrument,
whether or not then due, with &y @%cess paid to. Borrower. ' If Borrdir abandons the Property, or
does not answer within 30 days a notice from th& City or its deslgnared agent that the insurance
carrier has offered to Me a claim, then the City or its designarbkt aQent may collect the
insurance proceeds. .City may,use the pfoceeds.fo'repair 'or 'iestore,the Property or to pay sums
secured by this Seburity'tnstrument, whether or not.then due. Re 30-day period will begin when
the notice is given.
5. ' Wpancy, Preservation, Maintenance
Property. Borrower'shall~Obtain all necessary permlts reqwired .to o
Property as a youth facility and maintain the property consistent wi
permits. Barrower shall not destroy, damage or impair the Property, allow the Property to
deteriorate, or commit waste on the Property. Borrower shall be in breacli if any fOrfeiture action
or proceeding, whether civil or criminal, is begun that in the City's good'faith judgd Could result
in forfeiture of the Property or otherwise materially impair 'the lien created by this Security
Instrument or the City's security interest. Borrower may cute such a breach and reinstate, as
provided in Section 18, by causing the action or proceedhg to be dismiw with a ruling that, in
the City's good faith determination, precludes forfeiture of the Borrows interest hi the Property
or other material impairment of the lien created by this Security Instt'uMt or the City's security
interest.
6. Protection of the @ry?s'd@hts in the ' . If Borrower fails to perform the
covenants and agreements contain@ m this Security lnstrwhent or if Sny action or proceeding is
commenced which may meteriatly affect the Gity's tigMs in the,Propetty, including but limited to
breach under any other deed of trust encumbering the property, eminent domain, insolvency,
code enforcement, or arrangements Or proceedings inv@vbg a bankrupt or decedent, then the
City, at the City's option, upon notice to the Borrower, may make appearances, disburse such
sums and take such actions at it deems necessary to protect the value of the Property and the
City's rights in the Property. The City's actions may include paying any sums secured by a lien
which has priority over this Security Instrument, appearing in court, paying reasonable attorneys'
fees and entering on the Property to make repairs.
Any amounts disbursed by the City pursuant to this Section shall become additional debt
of Borrower secured by this Security Instrument. Unless Borrower and the City agree to other
terms of payment, these amounts shall bear interest from the date of disbursement at the lesser
of ten percent (10%) or the highest rate permissible under applicable law and shall be payable,
with interest, upon notice from the City to Borrower requesting payment. Nothing contained in this
Section will require the City to incur any expense or take any action hereunder.
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10736
7. Inspection. The City or its agent may make reasonable entries upon and
inspections of the Property. the City shall give Borrower notice at the time of or prior to an
inspection specifying reasonable cause for the inspection.
8. 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.
9. Remedies Cumulative. All remedies provided in this Security Instrument are
distinct and cumulative to any other right or remedy under this Security Instrument or any other
document, or afforded by law or equity, and may be exercised concurrently, independently, or
successfully.
,,, . ,; . , .
10. Successors I Liability. The covenants
and agreements of this pective successors and
assigns of the City and Instrument. Borrower's
covenants and agreemehfs shall be joidahdwwal. .. ,. ,,
11. N-. ' "t tor Any noti& ,, . ,, I I, . to be given in
another manner, any'nm.to Borrower prOM&,'W in this SBcurity'lnstrumi@t shall be sent
certified mail, return receipt requested or express 'delivery semi& 'with a dplbfery receipt, or
personally delivered with a,clelivery receipt obtained, and shall be deemed tobe idfiective as of the
date shown of the detivery'receipt as the date of delivery, the date delivery w& (fused, or the
date the notice was returned as undeliverable.
Notices shaW be directed as follows: .,
Borro\arac Join - m Lire
3598 Madbn '$Wet
CarIsbM, kA,.92&
Attn: Resident.
mmelopm Depafttnent
2965 Roosevelt Street Suite 6
Carlsbad CA
Attn: Housing pmentW0i?Of
The parties may subsequently change addtesses by providing written notice of the change
in address to the other party in accordance with this Section.
12. Governing Law. This Security Instrument shall be construed in accordance with
and be governed by the laws of the State of California. 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. To this end the provisions of this Security Instrument and the Note are
declared to be severable.
13. Severability. In the event that any provision or clause contained in this Security
Instrument or the Note shall for any reason be held to be invalid, illegal or unenforceable in any
respect, then such provision or clause shall be deemed severable from the remaining provision,
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10737
and this Security Instrument and the Note shall be construed as if such invalid, illegal, be
severable.
14. Captions. The captions and headings in this Security Instrument are for
convenience only and are not to be used to interpret or define the provisions hereof.
15. Default; Remedies. Upon the Borrower's breach on any covenant or agreement
of the Borrower in this Security Instrument, including, but not limited to, the covenants to pay,
when due, any sums secured by this deed of Trust, the City, prior to acceleration shall give notice
to Borrower specifying: (1) the breach; (2) if the breach is curable: (3) the action required to cure
the breach; (4) a date, not less than 30 days from the date the notice is given to Borrower by
which the breach must be cured; and (5) If thk'beach is Fable, failure to cure the breach on or
before the date specified in the noti ~iay result it^ ranon of the sums secured by this
Security Instrument and sate-of the PropBrty. The notice shall 'h Borrower of the right
to reinstate after acceleration and the right to bring a court a e non-existence of a
default or any other defer& of Borrower to acce&atiibn ,and ach is not cured by
the Borrower on or before the date 'specified in'the notic%, its option may: (a)
require immediate payment in full of all sumsecured by this Security lnstrumknt without further
demand and may irrvok&'the power of sale and,any other remedies permitted I$ California law;
(b) either in person or by agent, with or without briwmg any action or prwediw, or by a receiver
appointed by a court, andwithout regard to the adequacy of its secunfy, enter upOn the Property,
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 Property, or part thereof or'iherest therein,
increase the income therefrom or protect the security thereof. The entering upon and taking
possession of the Property shall not cure or waive any breach hereunder or invalidate any act
done in response to such breach and notwithstanding the continuance in possession of the
Property, the City shall be entitled to exercise every right provided for in this Security'lnstrument 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 Security Instrument as a mortgage, int 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 provisions for notic% of sale found at
California Civil Code Sections 2924, m., 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 Property, or in any other document or agreement ,mor hereafter evidencing, creating or
securing all or any portion of the obligations secured hereby, or provided by law.
. .,
The City shall be entitled to bllect aN.Te8sonabte cdsts.ind expenses incurred in pursuing
the remedies provided in this Section, including; but nof limited to, reasonable attorney's fees.
16. Acceleration. Upon the occurrence of a default under the Note, or this Security
Instrument, the City shall have the right to declare the full amount of the principal 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 and this Security Instrument. 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 shared appreciation owed.
17. Borrower's Right to Reinstate. Notwithstanding the City's acceleration of the
sums secured by this Security Instrument, Borrower shall have the right to have any proceedings
begun by the City to enforce this Security Instrument discontinued at any time prior to the earlier
of: (1) 5 days before sale of the Property pursuant to any power of sale contained in this Security
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10738
Instrument; or (2) entry of a judgment enforcing this Security Instrument if Borrower: (a) pays the
City all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any breach of any other covenants or agreements of the
Borrower contained in this Security Instrument; (c) pays all reasonable expenses incurred in
enforcing the covenants and agreements of this Security Instrument, including, but not limited to,
reasonable attorneys' fees; and (d) takes such action as the City may reasonably require to
assure that the lien of this Security Instrument, the City's rights in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unimpaired. Upon
such payment and cure by Borrower, this Security Instrument and the obligations secured hereby
shall remain in full force and in effect as if no acceleration had occurred.
18. Reconveyance. Upon .of.€&i#fx++ecured by this Security Instrument,
the City will surrender this Security1 'and thct'N& t ' the Trustee. The Trustee will
reconvey the Property withoutWkrthniy qd.witho& char* t0 or
persons legally entitled therda. Such peison or persons will pay a of recordation, if any.
, fnayfr& h'e kdi remove Trustee
and appoint a succ8ss~~ he~~r. The'&ssor trustee shall
succeed to all the We, power and dutie rustee hekin and by,applicable .. law.
20. Hazardous gubstances. Borrower shall not cause & penrii'ths presence, use,
disposal, storage, or re of any Hazardous Substances on or in the Roperty. Borrower shall
not do, nor allow an se to do, anything affeding the Property that b,.m vi
storage on the Property of small quantities of Hazardous Substances that are generally
Environmental Law. The preceding two sentences shall not apply to the presence, use, or
recognized to be appropriate to normal residential uses and to maintenance of the Pmperty.
Borrower shall promptly give the City written notice of any investjgdoh, CIaip, demand,
lawsuit or other action by any governmental or regulatory agency or private.pWt$ involving the
Property and any Hazardous Substance or Envitonmental Law of which &xrower has actual
knowledge. If Borrower learns, or is notified by any governmental or re$u 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 aocordance with Environmental
Law. Prior to taking any such remedlal,a@ion, however, Borrower shall natiry the City that such
remedial action is necessary and shall obtain the Ci's prior written consent for such remedial
action.
,.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
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10739
As used in this Section, "Hazardous Substances" are those substances defined as toxic or
hazardous substances 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. As used in this
Section, "Environmental Law" means federal laws and laws of the jurisdiction where the Property
is located that relate to health, safety or environmental protection.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed
as of the day and year first written above.
JOIN HANDS-SAVE A LIFE, a non-profir'w ,.
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10740
EXHIBIT A
Legal Properly Description
The land is situated in the
State of California
County of San Diego
LOTS 27,28, AND 29 IN BLOCK 31 OF THE TOWNE OF CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF 535, FILED IN THE OFFICE OFTHE COUNTY RIXORDER OF SAN DIEGO
COUNTY, MAY 2,1880.
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' ALL-PURPOSE ACKNOWLEDGEMENT 1074 1
0 personally known to me - OR - a proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
islmubscribed to the within instrument and
acknowledged to me that helskdtkey executed
the same in his/- authorized
capacity(ies), and that by his/hdtlEir
signatures(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.
NMARY'SSIFNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
D/;NDIVlDUAL 0 CORPORATE OFFICER
TITLE(S1
0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE@) 0 GUARDIANKONSERVATOR 0 OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
NU~~~ER OF PAGES
s(s I6 I DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAMEOFPERSONISJOR ENTITYtlESJ
OTHER
RIGHTTHUMBPRINT
OF
SIGNER
4 E
5
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P
5 5
APA SD9 VALLEY-SIERRA. RW362-33ffl