HomeMy WebLinkAboutDimond, Richard L and Pauline; 1995-09-26;RECORDlHG HEQUESTED BY
Ticor lltle-·Ss.n Dieg0 Bra;1ch
RECORDING REQUESTED PURSUANT
TO GOVERNMENT
CODE SECTION 27383
When Recorded Mail To:
City of Carlsbad
City Clerk's Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
DOC# 2017-04 79521
111111111111111111111111111111111111111111111111111111111111111[111111
Oct 17, 2017 08:00 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $40.00
PCOR: NIA
PAGES: 3
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
WHEREAS, RICHARD L. DIMOND AND PAULINE DIMOND, HUSBAND AND WIFE, AS JOINT TENANTS was
the original Trustor, CHICAGO TITLE COMPANY was the original Trustee, and CITY OF CARLSBAD was
the original beneficiary under that certain Deed of Trust dated _SEPTEMBER 15, 1995 and recorded on
SEPTEMBER 26, 1995 as Document No. 1995-0428451 of Official Records of SAN DIEGO County,
California, describing land therein as: 519 CHINQUAPlN AVE. CARLSBAD. CA 92b08, or more fully
described on the attached page marked "Exhibit A"; and
WHEREAS, the undersigned Beneficiary desires to substitute itself as the new Trustee under said deed
of trust in place of CHICAGO TITLE COMPANY
NOW THEREFORE, the undersigned hereby substitutes itself as Trustee under said Deed of Trust and
does hereby RECONVEY, without warranty, to the person or persons legally entitled thereto, the
estate now held by it thereunder.
Dated: q f i,, 1 / 1 1' --,/1----1-, -~----
Beneficiary and substituted trustee;
CITY OF CARLSBAD
By: a Lundstedt, Chief Operations Officer
(Proper Notarial Acknowledgement of Signature Must Be Attached)
CA 6/22/2015
·7 )
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
on September 21, 2017 before me, Sheila R. Cobian, Notary Public
(insert name and title of the officer)
personally appeared Marisa Lundstedt
who proved to me on the basis of satisfactory evidence to be the persQ!}(,gj whose name~dsf are-
subscribed to the within instrument and acknowledged to me that l=teifuji/tney executed the same in
·~Uteir authorized capacity(.ies), and that by ~/tReif,signature{~on the instrument the
personfS'}, or the entity upon behalf of which the person(,Erj 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. i············f SHEILA R COBIAN
: . Notary Public -California z
~ San Diego County i
z ,'illn~f!/ Commission#2204481 -
Signature ~~~<.:! (v~k=:--(Seal)
My Comm. Expires Jul 10, 2021
PRELIMINARY REPORT
YOUR REFERENCE
EXHIBIT "A"
LEGAL DESCRIPTION
Ticor Titlo Company of California
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
That Portion of Tract No. 233 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 Recorder of San Diego County, December 9, 1915,
described as follows:
Commencing at the most Westerly corner of said Tract No. 233; thence North 61° 21' East along the
Northwesterly line of said Tract, a distance of 361.20 feet to the true point of beginning; thence continuing North,
61 ° 21' East along said Northwesterly line, 76.70 feet; thence South 28° 39' East, 120.00 feet; thence South,
61°21' West, 76.70 feet to a point on the Southwesterly line of land conveyed to E. Thacher by Deed Dated
November 16, 1945 and Recorded in Book 2035, Page 84 of Official Records; thence North, 28° 39' West along
said Southwesterly line, 120.00 feet to the true point of beginning.
APN: 206-101-14-00
CL TA Preliminary Title Report
IPrelm (OSI Rev. 8/15/16) Order No.: 00484097-016-RL-CC 1
RECORDING REQUESTED 6
7 AND WHEN RECORDED MAIL TO
ADDRESS city ClgJrk
STATE
Title Order NO. Escrow NO. Index as Assignment of Deed of Trust and as Request for Special Notice.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A IT OF DEED OF T AND r FOR SI A I CE
I For Value Received, the undersigned hereby grants, assigns and transfers to C14rMd I
I all beneficial interest under that certain Deed of Trust dated me 15, 1995
executed by- Rkhd L- Dimrd Dm ,
, Trustor-, to Cbkq Title . Trustee,
and recorded as Instnirnent No. 1995-0428451 on 26, 1995 0428451 in boo-,
page_--, of Official Records in the County Recorder's office of a County,
California, describing land therein as:
~AT?HE~~CMF\WOFSFUD~ 233, PDCEKRlH61EGZES 21' EPST AUT3;?HE
wmOFSP;IDm, ADlSDWJZOF361.20 FEEI"IO?HETRJE~INTOFEEGUWK, THETCE
axmww, N3RM 61 lxmzs 21' 13~3 XfX STUD K3awmma m, 76.70 FEET; PDCE 33JTI-I 28 DiQm5
39' EPST, D.00; THENZ SCLTM 61 LEGRE3 21' WEST, 76.70 FEET 'IO A H>lNT CN THE mY LJNE OF
LNI KNVEYBl 'IO E. WPZUdEB BY^^^ 16, 1945, PN3 IN IN 2035, B 84 OF
O~~~;?HEI?ICEN~%W~~~~~'~~ESTA~TJ;~~LJNE, ~.OOFEETlO?HE
TmE mm OF EEaNam.
Together with the note or notes therein described or referred to, the money due and to become due thereon
with interest, and all rights accrued or to accnie under said Deed of Tn~st. / Dated 10, m2
as affecting above described property, executed by-
as Trustor in which
is named as Beneficiary, and
whose address is
(Number and Street)
STATE OF CALIFORNIA
COUNTY OF I ""'
On this day of , in the year
, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared
-- - -- --
personally known to me (or proved to me on the basis of satisfactory
ev~dence) to be the person whose name
subscribed to the within instrument and
acknowledged that executed the
same.
Signature
FOR NOTARY SEAL OR STAMP I
I
1
I Name ('Typed or Printed) Notary Public i? and for said County and State
1 1 14 REV ! 83 MAINE
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
County of San Diego
On June 26,2002, before me Bonnie Petrach, personally appeared -
Jeffrey S. Grissom,
m$ personally known to me -OR - I3 proved to me on the basis of satisfactory
evidence to be the person (s) whose narne(s) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in hisherltheir authorized capacity(ies)
and that by hisherltheir signature(s) on the
instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed
the instrument.
-c='':. -9 ---
I CiA rNlE J. PETRACH 1
COMM. # 1265797 Q i MOTARY PUBLIC-CALIFORNIA 8 i SAN DIEGO COUNM
My Comm Erp May 29,2004 1
000a-r.-
WITNESS my hand and official seal
........................................... OPTIONAL ........................................................
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
tic CORPORATE OFFICER
- Request for Reconveyance-
Deputy Director TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
I7 GUARDIANICONSERVATOR
OTHER:
DATE OF DOCUMENT
Signer is representing:
- Housing Authority of the County of San Diego
S IGNER(S) OTHER THAN NAMED ABOVE
GI7 22.0 .it, $3;: SLQUESVED BY
STEVdAKT TITLE
\n
0
nl
r\l RECORDING REQUESTED BY -- -
AND WHEN RECORDED MAIL TO: 9 P
City of Carlsbad
Housing & Redevelopment Department
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
DOC # 201 0-0065684
1 11111111 111 11111 11111 11111 11111 11111 11111 11111 11111 IIIII IIIII IIII IIII
FEB 09,201 0 8:00 AM
UFFICIAL RECURDS
SAN DlEGU COUNTY RECURDER'S OFFICE
DAL$II) L. BUTLER, COLINT'Y RECORDER
FEES: 27.00
PAGES: 7
SUBORDINATION AGREEMENT
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.
44-l
THlS AGREEMENT, made this day of D QCPY'~\~~-,C , 2009, by
Richard L. Dimond and Pauline Dimond, husband and wife as joint tenants, owner of the land hereinafter
described and hereinafter referred to as "Owner, " and
The City of Carlsbad, a municipal corporation present owner and holder of the deed of trust and note first
hereinafter described and hereinafter referred to as "Beneficiary";
WITNESSETH
THAT WHEREAS, Owner did execute a deed of trust, dated September 15, 1995, 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 $20,000.00, dated September 15, 1995, in favor of Beneficiary , which deed of
trust was recorded September 26, 1995, as Instrument No. 95-0428451 of Official Records of San Diego
County; and
WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $ 179#$aQ
10 in favor of Union Bank of California, hereinafter referred to as "Lender", payable
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 and remain at all times 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
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
June 4,2002 1
SUBORDINATION AGREEMENT CONTINUED ON NEXT PAGE 856
CONTINUATION OF SUBORDINATION AGREEMENT
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 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, and any renewals or extensions thereof, shall
unconditionally be and remain at all times 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 this agreement shall be the whole and only agreement with regard to the subordination of 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
above referred to and shall supersede and cancel, but only insofar as would affect the priority between the
deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including,
but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which
provide for the subordination of the lien or charge thereof to another deed or deed of trust or to another
mortgage or mortgages.
Beneficiary declares, agrees and acknowledges that
(a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above
referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between
Owner and Lender for the disbursement of the proceeds of Lender's loan;
(b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor
has Lender represented that it will see to the application of such proceeds by the person or persons to
whom Lender disburses such proceeds and any application or use of such proceeds for purposes other
than those provided for in such agreement or agreements shall not defeat the subordination herein made
in whole or in part;
(c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of 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 specific loans and advances are being and will be made and, as part
and parcel thereof, specific monetary and other obligations are being and will be entered into which
would not be made or entered into but for said reliance upon this waiver , relinquishment and
subordination; and
(d) An endorsement has been placed upon the note secured by deed of trust first above mentioned that said
a deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of
Lender above referred to.
SUBORDINATION AGREEMENT CONTINUED ON NEXT PAGE
June 4,2002
CONTINUATION OF SUBORDINATION AGREEMENT
city-% BY:
~~nthis~aas
Deputy City Manager
<+a&,
Name: Pauline Dimond
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES
CONSULT WlTH THEIR ATTORNEYS WlTH RESPECT THERETO.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
: pe ssistant Moba'di City Attorney
June 4,2002
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 858
State of California
County of Shn D\equ
J
\/ \b mq before me, ~&l'ia.~i)GgQ&. ~VY PA\, Here lniert Na'me ap T~tle of the Off~cer C 9
v'\~Y\D. D,WIT: - personally appeared w-~r ------- ---- _ - . -
Name@) of S~gner(s)
%
who proved to me on the basis of satisfactory evidence to
be the personpwhose nameN islw subscribed to the
within instrument and acknowledged to me that
Place Notary Seal Above
WsheIUtey executed the same in kislherltheir authorized
capacity&@, and that by his1heWir signaturwon the
instrument the per w, or the entity upon behalf of
which the persdacted, 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.
WITNP-wand and official - seal
/I , Though the ~nformation below 1s not requlred by law, lt may prove valuable to persons relying on the document , ,,' a
and could prevent fraudulent removal and reattachment of this form to another document. ,I
Description of Attached Document ,I_L.
Title or Type o?~cument:
-1. Document Date: -. .. .. Number,ddiages:
+' . S~gner(s) Other Than Named AboPe~...~ '._
1-.. ,J'
Capacity(ies) Claimed by Signer(s) *"--. .. '-.-., . /i 4
Signer's Name: %\% er'i Name:
Individual /"' Individual
/" Corporate Officer - Title(s): , Corporatqofficer - Title(s):
O Partner - Limited General -. -
Attorney in Fact Top of thumb here Trustee
Guardian or Conservator ,...,. Guardian or Conservator
Other: fl Other:
f" /
Signer Is FlepresentiWa./ ,a" Signer Is Representing: ./
02007 Nat~onal Notary Association 9350 De Soto Ave.. PO. Box 2402 Chatsworth. CA 91 313-2402. www.NationalNotary.org Item #5907 Reorder.CallToll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of \&n 01 9$0 I u EM^ On \q before me, &CT, c , ND&
Date "/ - Here Insert flarnefnd Title of'th
--.- personally appeared R\ r -
- ' -Name@) of Signer(s) ..-.. - . _ _" 1.. .... .. __ _ . . . ---- - -
^_ .- ^__ -"
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personKwhose nam islare subscribed to the
within instrument and ac F nowledged to me that
helshelthey executed the same in his1ker;ltbeir authorized
capacityo, and that by his/t=m'th&r signatuwn the
instrument the perso*), or the entity upon behalf of
which the persow 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.
OPTIONAL L-
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Descripvon of Attached Document ,' /
Title or Type of Document:
/
Document Date: Number of pagG/'
.," # S~gner(s) Other Than Named Above: ,
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer - Title(s):
Partner - Limited General
Attorney In Fact
Trustee
Guardian or Conservator
Other:
Signer Is ReprMenting:
,+..
-Signir%~,me:
individual'..,..
Corporate ~ffic>~~~itle(s):
U Partner - ~imitedh~eneral
Attorney in Fact
Trustee Top of thumb here
Guardian or Conservator
Other:
Signer Is Representing: I Y\
02007 National Notary Association 9350 De Soto Ave., PO. Box 2402. Chatsworth. CA 9131 3-2402. www NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
14 06&Jx'hl, I
personally appeared
who proved to me on the basis of satisfactory evidence to
be the person@ whose name(smiv subscribed to the
within instrument and acknowledged to me that
h&@lkep. executed the same in -their authorized
capacity(&), and that by~tkm signature0 on the
SHEILA RENAE CO8lm instrument the persow, or the entity upon behalf of
Commission # 1848471 which the person@) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws
Comm. m Ma 10,2013 of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - Limited General Partner - Limited O General
U Attorney in Fact Attorney in Fact
Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: Other:
Signer Is Representing: 1 1 Signer Is Representing: 1 1
02007 Natlonal Notary Assoctatlon. 9350 De Soto Ave , PO Box 2402 .Chatsworth. CA 91 313-2402. www NatlonalNotary org Item #5907 Reorder Call Toll-Free 1-800-876-6827
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Tract 233 of Thum Lands in the City of Carlsbad, according to May thereof No. 168 1,
filed in the Office of the Recorder of San Diego County, December 9, 19 15, described as follows:
Commencing at the most Westerly comer of said Tract 233; thence North 61'21' East along the
Northwesterly line of said tract, a distance of 361.20 feet to the true point of beginning; thence
continuing North 61'21' East along said Northwesterly line, 76.70 feet; thence South 28'39' East, 120.00
feet; thence South 61'21' West, 76.70 feet to a point on the Southwesterly line of land conveyed to E.
Thacher by deed dated November 16, 1945 and recorded in Book 2035, Page 84 of Official Records;
thence North 28'39' West along said Southwesterly line, 120.00 feet to the true point of beginning.