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HomeMy WebLinkAbout; Leone, Yolanda; 1999-0371359; Propertyc 8478 'T a y 4 '? (J"p -(&- DOC # 1999-0371359 FREE RECORDING REQUESTED MCIY 28s 1999 12~54 PM PURSUANT TO GOVERNMENT CODE SECTIONS 27383 and 6103 WHEN RECORDED PLEASE MAIL TO: City of Carlsbad City Clerk's Ofice Am: City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 AfN; /~%-6<0-~1-3Z 7330;bl 1999-0371 369 (Space above this line for Recorder's Use) Loan NO: RANCAR-009 CITY OF CAFUSBAD HOUSING AND REDEVELOPMENT DEPARTMENT MOBILEHOME PARK RESlDENT OWNERSHIP LOAN NOTICE TO BORROWER THIS DEED OF TRUST CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS @) DEED OF TRUST WITH ASSIGNMENT OF RENTS SECURITY AGREEMENT AND FIXTURE FILING THIS DEED OF TRUST, made this 17 day of m, 1999, among the Trustqrs YOLANDA C. LEONE, a single woman (individually and collectively "Borrower"), and Chicago Title ("Trustee"), and the Beneficiary, City of Carlsbad Housing and Redevelopment, whose address is set forth above (together with its successors in interest referred to herein as the "City"). BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the property located in the City of Carlsbad, County of San Diego, State of California, described in Exhibit "A" attached hereto and made a part hereof by reference; TOGETHER with all the improvements now and hereafter erected on the Property, and all easements, rights, appurtenances, and all fixtures now or hereafter attached to the Property covered by this Deed of Trust; and all of the foregoing, together with said property are herein referred to as the "Property"; TO SECURE to City the repayment of the indebtedness evidenced by Borrower's promissory note dated Mav 17, 1999, (the "Note"), in the principal sum of Twenty Five Thousand and zero one hundredths Dollars ($25,000.00); the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; 1010\09\112811.1 1 c 8419 and the performance of the covenants and agreements of Borrower herein contained, and in a Security Agreement between Borrower and City of even date herewith. BORROWER AND CITY COVENANT AND AGREE AS FOLLOWS: 1. Borrower’s Estate. That Borrower lav~fully owns the estate hereby conveyed and has the right to grant and convey the Property and Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements, or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring City’s interest in the Property. 2. Uniform Commercial Code Securitv Aaeement. Financinrr Statement and Fixture Filing. This Deed of Trust is a security agreement and financing statement under the Uniform Commercial Code for the benefit of City as secured party for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and the Borrower hereby grants the City a security interest in said items. This Deed of Trust is filed as a fixture filing and covers goods which are or are to become fixtures. The address of the principal place of business of lender (secured party) from which information concerning the security interest may be obtained and the mailing address of Borrower (debtor) are set forth in this Deed of Trust. The types or items of collateral are described in the description of “Property” in this Deed of Trust. Borrower agrees that the City may file any appropriate document in the appropriate index as a financing statement for any of the items specified above as part of the Property. In addition, Borrower agrees to execute and deliver to the City, upon the City’s request, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this instrument in such form as the City may require to perfect a security interest with respect to said items. Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements, and releases thereof, as the City may reasonably require. Without the prior written consent of the City, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said items, including replacements and additions thereto, except as otherwise expressly permitted by City. Upon an acceleration as provided herein or in the Note, the City shall have the remedies of a secured party under the Uniform Commercial Code and, at the City’s option, may also invoke the other remedies provided in this Deed of Trust and the Note as to such items. In exercising any of said remedies, the City may proceed against the items of real property and any items of personal property specified above as part of the Property separately or together and in any order whatsoever, without in any way affecting the availability of the City’s rights or remedies under the Uniform Commercial Code or of the other remedies provided in this Deed of Trust, in the Loan Documents, or by law. Borrower agrees that the filing of any financing statement in the records normally having to do with personal property shall not be construed as derogating from or impairing this Deed of Trust and the intention of the parties hereto that those portions of the Property herein declared part of the real estate are, and at all times and for all purposes and in all proceedings both legal or equitable shall be regarded as part of the real estate irrespective of whether any such item is 1010\09\112811.1 2 8480 h physically attached to the improvements or any such item is referred to or reflected in any such financing statement so filed at any time. Similarly, the mention in any such financing statement of (a) compensation for damage or destruction of the Property by insured casualty, or (b) any judgment, award, or other compensation for a taking of the Property by eminent domain, or (c) the rents, royalties, issues, accounts and profits of the Property under leases, shall never be construed as altering any of the City’s rights as determined by this Deed of Trust or impugning the priority of the City’s lien granted hereby or by any other recorded document, but such mention in the financing statement is declared to be for the protection of the City in the event that any court or judge shall at any time hold with respect to (a), (b), or (c) of this paragraph that notice of the City’s priority of interest to be effective against a particular class or person, including without limitation the federal government or any subdivision or entity thereof, must be filed as provided for in the Uniform Commercial Code. 3. Pavment of Princiual. Borrower will promptly pay when due the principal of the indebtedness evidenced by the Note and late charges as provided by the Note. 4. Auplication of Payments. Unless applicable law provides otherwise, all payments received by City under the Note will be applied by City first for late charges or other payments due under the Note or this Deed of Trust, and then to the principal of the Note. 5. Assignment of Rents; City in Possession. Borrower hereby absolutely and unconditionally assigns and transfers to City all of Borrower’s right, title and interest to leases, rents, issues, profits and income from the Property, and hereby gives to and confers upon City the right, power and authority, but not the obligation, to collect same. The foregoing is an absolute assignment, effective upon execution and delivery of this Deed of Trust, not an assignment merely for security, and it is independent of the City’s actual or constructive possession of the Property. Borrower acknowledges that neither the foregoing assignment, not the exercise of the City’s rights and remedies under this Deed of Trust, including, without limitation, possession by a court appointed receiver obtained by the City or a receiver by agreement between Borrower and City, shall make City a “mortgagee-in-possession” or otherwise create in City any responsibility, obligation, or liability with respect to the Property and its expenses, and Borrower hereby waives the benefit of any statutory or decisional law that would impose the same upon City. Notwithstanding anything to the contrary contained in this Deed of Trust, upon condition that no Event of Default shall have occurred, Borrower shall have a license to collect all legal and economic benefits of the Property assigned to the City pursuant to this paragraph. Upon occurrence of an Event of Default, without the necessity of notice to Borrower or any other act to enforce City’s interest pursuant to this assignment, the foregoing license in Borrower shall be deemed revoked, Borrower shall have no interest whatsoever, either legal and/or economic, in the rents or other benefits of the Property assigned hereunder that are received by, or which are currently held, by Borrower after an event of default, and all such rents and other benefits of the Property shall be received and held by Borrower in constructive trust for City and delivered 1010\09\112811.1 3 8481 .n promptly in kind to City, or to a court-appointed receiver for the Property, without the necessity for further notice to, or demand upon, Borrower. 6. Junior Encumbrances. Any subsequent encumbrance of the Property is hereby notified that upon exercise of any power of sale or foreclosure by encumbrance, such encumbrance will take title to the Property subject to this Deed of Trust, and more specifically, subject to paragraph 14 of this Deed of Trust prohibiting assumptions of the loan made by City to Borrower, except as specified in said paragraph. 7. Charees: Liens. Borrower will pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, at or prior to the time they are required to be paid, by Borrower making payment directly to the payee thereof. Borrower will promptly furnish to City receipts evidencing such payments. Borrower will promptly discharge any lien which has priority over this Deed of Trust; provided, that Borrower will not be required to discharge any such lien so long as Borrower will agree in writing to the payment of the obligation secured by lien in a manner acceptable to 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 Property or any part thereof. 8. Hazard Insurance. Borrower will keep the improvement(s) now existing or hereafter erected on the Property insured in such amounts and for such periods as City may require, which amounts shall be greater of (1) the outstanding principal balance of the Note plus the amount of any other loan for or secured by the Property, (2) the amount, in City’s determination, necessary to prevent Borrower from becoming a co-insurer, or (3) the amount of the replacement cost of the Property. The insurance carrier providing this insurance shall be licensed to do business in the State of California and be chosen by Borrower subject to approval by City; provided, that such approval will not be unreasonably withheld. Borrower agrees to pay all premiums on all insurance policies required from time to time. All insurance policies and renewals thereof will be in a form acceptable to City and will include a standard mortgagee clause with standard endorsement number 438BFU in favor of and in a form acceptable to City. City will have the right to hold the policies and renewals thereof, and Borrower will promptly furnish to City all renewal notices and all receipts of paid premiums. In the event of loss, Borrower will give prompt notice to the insurance carrier and City. City may make proof of loss if not made promptly by Borrower. Unless City and Borrower otherwise agree in writing, insurance proceeds will be applied to restoration or repair of the Property 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 applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to City within thirty (30) days from the date notice is mailed by City to Borrower 1010\09\112811.1 4 c that the insurance carrier offers to settle a claim for insurance benefits, City is authorized to collect and apply the insurance proceeds at City's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Unless City or Borrower otherwise agree in writing, any such application of proceeds to principal will not extend or postpone the due date of the Note. If the Property is acquired by City, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass to City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. 9. Preservation and Maintenance of Prouerty, Condominiums, Cooueratives. Planned Unit Develouments. Borrower will keep the Property in good repair and will not commit waste or permit impairment or deterioration of the Property. If this Deed of Trust is on a unit in a condominium, a planned unit development, or cooperative, Borrower will perform all of Borrower's obligations under the declaration or covenants, conditions and restrictions, creating or governing the condominium, planned unit development, or cooperative, the by-laws and regulations of the condominium, planned unit development, or cooperative and constituent documents. Borrower will not, without City's prior written consent, agree to the abandonment or termination of the condominium, planned unit development or cooperative, any change in the percentage interest of owners in the common areas and facilities of the condominium, planned unit development, or cooperative or the termination of professional management and assumption of self-management of the condominium, planned unit development, or cooperative. 10. Protection of Citv Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects City's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then City at City's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect City's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any amounts disbursed by City pursuant to this paragraph, with interest thereon, will become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and City agree to other terms of payment, such amounts will be payable upon notice from City to Borrower requesting payment thereof, and will bear interest from the date of disbursement at the rate of 10% per annum, unless payment of interest at such rate would be contrary to applicable law, in which event such amounts will bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph will require City to incur any expense or take any action hereunder. 11. Insuection. City may make permissible or cause to be made reasonable entries upon and inspections of the Property, provided that City will give Borrower reasonable notice of inspection. 1010\09\112811.1 5 c 8483 ,h 12. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and will be paid to City. In the event of a total taking of the Property, the proceeds will be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and City otherwise agree in writing, there will be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of sums secured by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by City to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to City within thirty (30) days after the date such notice is mailed, City is authorized to collect and apply the proceeds, at City's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Unless City and Borrower otherwise agree in writing, any such application of proceeds to principal will not extend or postpone the due date of any scheduled payment referred to above or change the amount of such payment. 13. Forbearance by Citv Not a Waiver. Any forbearance by City in exercising any right or remedy will not be a waiver of the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by City will not be a waiver of City's rights to accelerate the maturity of the indebtedness secured by this Deed of Trust. 14. Loan Not Assumable, Transfer of Property Prohibited Limited Exceptions. Where City administered funds continue to be used in financing the purchase or continued use of the Property, no transfer of the Property will be permitted, and no successor in interest to the Borrower(s) will be permitted to assume the Borrower(s) loan evidenced by this Note, unless the written consent of City to the transfer has been first obtained. No such consent will be given by the City except in the following limited circumstances: a. Th transfer results from the death of a Borrower and the transfer is to the surviving spouse of the Borrower and the surviving spouse is also a Borrower. b. Transfer by a Borrower to his or her spouse when the spouse becomes by such transfer a co-owner of the Property. c. A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires the Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property. d. A transfer by a Borrower to an inter vivos trust in which the Borrower is the sole beneficiary. 1010\09\112811.1 6 8434 ,h e. A transfer by means of encumbering the Property with a lien which is junior to the lien securing the loan to Borrower evidenced by this Deed of Trust. 15. Events of Default: Acceleration. Intention of Foreclosure. Any one or more of the following events shall constitute a default under this Deed of Trust: (a) failure of the Borrower to pay the indebtedness secured hereby, whether principal, or otherwise, when and as the same becomes due and payable, whether at maturity or by acceleration or otherwise; or (b) failure of Borrower to observe or to perform any covenant, condition or agreement to be observed or performed by Borrower pursuant to this Deed of Trust or the Note. In the event of any default as set forth in this paragraph, City, without demand on Borrower, may declare all sums hereby secured immediately due and payable by notice thereof to the Borrower or by executing and recording or by causing the Trustee to execute and record a notice of default and election to cause the Property to be sold to satisfy the obligations secured hereby or by the commencement of an appropriate action to foreclose this Deed of Trust or by any other appropriate manner; 16. Nonliabilitv for Neslinence, Loss or Damage. Borrower acknowledges, understands and agrees that the relationship between Borrower and the City is solely that of borrower and lender, 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 Property 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 Property 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 Property and will hold the City harmless from any liability, loss or damage for these things. 17. Indemnity. 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. the making of the loan to Borrower; b. Borrower's failure to perform any obligations as and when required by the Note or this Deed of Trust; or c. the failure at any time of any Borrower's representations to the City to be true and correct. 18. 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 afforded by law or equity, and may be exercised concurrently, independently or successively. 1010\09\112811.1 7 h 19. Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of City and Borrower subject to the provisions of this Deed of Trust. 20. Joint and Several Liability. All covenants and agreements of Borrower shall be joint and several. 2 1. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust will be given by certified mail, addressed to Borrower at the Property address or such other address as Borrower may designate by notice to City as provided herein, and (b) any notice to City will be given by certified mail, return receipt requested, to City's address stated above, or to such other address as City may designate by notice to Borrower as provided above. 22. Governing Law. This Deed of Trust shall be governed by the laws of the State of California. 23. Severability. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict will not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 24. Cautions. 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. 25. Reconvevance. Upon payment of all sums secured by this Deed of Trust, City will request Trustee to reconvey the Property and will surrender this Deed of Trust and the Note evidencing the indebtedness secured by this Deed of Trust to Trustee. Trustee will reconvey the Property 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. 26. Substitute Trustee. City, at City's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 27. Reauest for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address which is the Property. 1010\09\112811.1 8 28. Beneficiar, Statement. The City may charge a fee of fifty dollars ($50) for furnishing any statement required by California Civil Code Section 2943. IN WITNESS WHEREOF, BORROWER HAS EXECUTED THIS DEED OF YOLANDA C. LEONE Borrower 3478 DON LORENZO DR SP#329, CARLSBAD, CA 92008 Address Decal #: LAR2288 Description: Golden West HM, Golden West, Serial #'s GWlCAL4368A; 4368B; 4368C ATTACH ACKNOWLEDGEMENTS HERE 1010\09\112811.1 9 . 0 personally known to me kence to be the person@ whose name@) ism subscribed to the within instrument and acknowledged to me that kselsheltwexecuted the same in @s/her/Hair authorized capacity(@), and that by hWherltW signature@) on the instrument the persono, or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand andgffigai seal, roved to me on the basis of satisfactofy %I OPTIONAL 4 Thouoh the information below is not reouired bv law, it mav Dmve valuable to persons relying on the document r: ~ ~~ 4 8 Description of Attached 4 and could prevent frauduleni .c Document Date: Number of Pages: fi Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer .. . Signer's Name: 0 Individual 0 Corporate Officer - Title@): I I 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator Other: Signer Is Representing: 0 1997 Natimd Notaw Asmialim. 6350 De Sal0 Am.. P.O. Box 2402 * ChatswWm. CA 9131>2402 prod. NO. 5907 Reorder Call Toil-Free 1-800876, .. .. . .. . .. ,. . .. i. .. . .. . . . .