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Home My WebLink AboutHorner, Carla; 2006-10-27; (4)RECORDING Ktuut-cs i c.u 01 STEWART TITLE OF CALIFORNIA RECORDING REQUESTED BY: City of Carlsbad AND WHEN RECORDED MAIL TO: City of Carlsbad City Clerk's Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 20869 DGC# 2006-0766115 OCT 21, 2006 4:25 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY.]. SMITH. COUNTY RECORDER FEES: 000 PAGES: 4 DA: 1 2006-0766115 Title Order No. 09-0250514 A.P.N. 203-101-37-00 REQUEST FOR NOTICE Space above this line for Recorder's use EscrowNo.: E2237460M In accordance with Civil Code, section 2924b, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No. Ca*s currA,sr-{.y on /fesfis/TTS in Book NA , of Official Records in the County Recorder's Office of San Diego County, .as Trustor in which /^ti/tf/Qdrf&^&iMhMddfcMddrMiM is named as , Page NA California, executed by Carla A. Horner Beneficiary, and S4ewajrt/T/tylgpf fiali mailed to: City of Carlsbad, Ciiv Cle'rk's'Office. 1200 Carlsbad Village Drive. Carlsbad. California 92008 PREAP, INC.as Trustee, be NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded.**BANK OF AMERICA, N.A. Dated: I0 LISA HILDABRAND ASSISTANT CITY MANAGER STATE OF CALIFORNIA } ss COUNTY OF SAN DIEGO ) before me VOl PL) i> 1 1C Personally appeared. personally known to me (or proved to-mo on the baaia of caticfactory evidence) to be the person(^whose name(4$ is/ate-subscribed to the within instrument and acknowledged to me trwthe/she/they executed the same in fcts/herAheir authorized capacity(j)si£), and that by-his/her/then1 signature^on the instrument the persoftf^or the entity upon behalf of which the personjjfcj acted, executed the instrument. WITNESS.jD¥-band and official jseal. Signature ASA Form #018 mmcAiLCRE9CENII ComrrtMton # 16A1400 Nbkvy PuMc - CaKofnta Ton DHoo County My Corrm Expose Mcy24,2010 20870 09-0250514 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF San Diego AND IS DESCRIBED AS FOLLOWS: A CONDOMINIUM LOCATED ON THE REAL PROPERTY DESCRIBED AS LOT 1 OF CITY OF CARLSBAD TRACT NO. 01-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14797, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 2004 AS FILE NO. 2004-0446317 OF OFFICIAL RECORDS, COMPRISED OF: PARCEL 1: UNIT 571, AS SHOWN UPON THAT CERTAIN CONDOMINIUM PLAN FOR LACUNA POINT, AS RECORDED ON JUNE 27, 2005, AS FILE NO. 2005-0538003, IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY, CALIFORNIA ("CONDOMINIUM PLAN"). PARCEL 2: AN UNDIVIDED 1/21ST INTEREST AS A TENANT IN COMMON IN THE UNDIVIDED INTEREST COMMON AREA AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN AND AS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LACUNA POINT HOMEOWNERS ASSOCIATION, RECORDED ON JUNE 27, 2005, AS FILE NO. 2005-0538002, IN THE OFFICE OF THE COUNTY RECORDER FOR SAN DIEGO COUNTY, CALIFORNIA ("DECLARATION"). THE UNDIVIDED INTEREST COMMON AREA WILL NOT BE OWNED BY LACUNA POINT HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION ("ASSOCIATION"). PARCEL 3: NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, ACCESS, ENJOYMENT, USE AND SUPPORT OVER THE ASSOCIATION PROPERTY AS DESCRIBED IN THE DECLARATION AND INDICATED ON THE CONDOMINIUM PLAN, WHICH WILL BE OWNED BY THE ASSOCIATION. EXCEPTING THEREFROM THE FOLLOWING: (a) ALL UNITS, AS SHOWN UPON THE CONDOMINIUM PLAN OTHER THAN THE UNIT CONVEYED AS PARCEL 1 ABOVE. (b) THE EXCLUSIVE RIGHT OF POSSESSION AND OCCUPANCY OF ALL THOSE AREAS DESIGNATED AS EXCLUSIVE USE ASSOCIATION PROPERTY AS DESCRIBED IN THE DECLARATION AND AS SHOWN UPON THE CONDOMINIUM PLAN WHICH ARE SET ASIDE AND ALLO GATED FOR THE EXCLUSIVE USE OF OWNERS OF UNITS. (c) THE EASEMENT AND OTHER RIGHTS RESERVED IN FAVOR OF 20871 09-0250514 DECLARANT AS DESCRIBED IN THE DECLARATION AND ON THE CONDOMINIUM PLAN PARCEL 4: THE EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF THAT PORTION OF THE ASSOCIATION PROPERTY, DESIGNATED AS EXCLUSIVE USE ASSOCIATION PROPERTY, AS SHOWN ON THE CONDOMINIUM PLAN, DESIGNATED AS D-571. PARCEL 5: THE EXCLUSIVE RIGHT TO POSSESSION AND OCCUPANCY OF THAT PORTION OF THE ASSOCIATION PROPERTY, DESIGNATED AS EXCLUSIVE USE ASSOCIATION PROPERTY, AS SHOWN ON THE CONDOMINIUM PLAN, DESIGNATED AS S-571. PARCEL 6: ONE CLASS A MEMBERSHIP IN THE ASSOCIATION. GRANTEES IN ACCEPTING THIS DEED AND THE CONVEYANCE HEREUNDER DO HEREBY AGREE, JOINTLY AND SEVERALLY FOR THE BENEFIT OF GRANTOR AND FOR THE BENEFIT OF THE ASSOCIATION AND EACH AND EVERY ONE OF THE MEMBERS OF SAID ASSOCIATION THAT GRANTEES WILL PROMPTLY, FULLY, AND FAITHFULLY COMPLY AND CONFORM TO THE DECLARATION, THE RULES AND REGULATIONS FROM TIME TO TIME PRESCRIBED THEREUNDER BY THE BOARD OF DIRECTORS OF THE ASSOCIATION OR ITS OFFICERS AND IN PARTICULAR, GRANTEES DO HEREBY AGREE, JOINTLY AND SEVERALLY, TO PROMPTLY PAY IN FULL ANY DUES, FEES OR ASSESSMENTS LEVIED BY SAID ASSOCIATION ON THE MEMBERSHIP CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEES HEREIN SET FORTH SHALL BE COVENANTS RUNNING WITH THE ABOVE DESCRIBED PROPERTY, IT BEING UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION, AND THE OBLIGATIONS HEREOF, WILL AUTOMATICALLY PASS TO GRANTEES' SUCCESSORS IN TITLE IN THE ABOVE DESCRIBED PROPERTY WHETHER SUCH SUCCESSORS ACQUIRE TITLE BY FORECLOSURE OR OTHERWISE, AND SHALL BE BINDING UPON THE GRANTEES ABOVE-NAMED THEIR HEIRS, DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, PROVIDED THAT GRANTEES AND THEIR SAID SUCCESSORS IN TITLE SHALL BE BOUND BY THE FOREGOING COVENANTS ONLY AS LONG AS THEY RESPECTIVELY ARE IN TITLE TO THE ABOVE DESCRIBED PROPERTY. THE FOLLOWING PROVISIONS (THE "RIGHT TO REPAIR PROVISIONS") PERTAINING TO MATTERS CONCERNING TITLE 7 OF PART 2 OF DIVISION 2 OF THE CALIFORNIA CIVIL CODE (THE "RIGHT TO REPAIR LAW") SHALL APPLY TO THE DEED: (a) GRANTEES ACKNOWLEDGE THAT GRANTOR HAS PROVIDED AND GRANTEES 20872 09-0250514 HAVE RECEIVED THE DOCUMENTS PROVIDED TO GRANTEES IN CONJUNCTION WITH THIS ORIGINAL TRANSFER OF THE CONDOMINIUM, INCLUDING GRANTORS'S FIT AND FINISH WARRANTY (THE "FIT AND FINISH WARRANTY") WHICH INCLUDES A ONE YEAR EXPRESS WARRANTY WHICH ADDRESSES THE STATUTORY REQUIRED COMPONENTS (CABINETS, MIRRORS, FLOORING, INTERIOR AND EXTERIOR WALLS, COUNTERTOPS, PAINT FINISHES AND TRIM), AND GRANTOR'S MAINTENANCE RECOMMENDATION (AS THE SAME MAY BE MODIFIED OR SUPPLEMENTED FROM TIME TO TIME) . GRANTEES SHALL PROVIDE THE FIT AND FINISH WARRANTY TO ANY PERSON WHO PURCHASES THE CONDOMINIUM FROM GRANTEES ON OR BEFORE THE FIRST ANNIVERSARY OF THE DEED RECORDATION DATE, AND GRANTOR'S MAINTENANCE RECOMMENDATIONS (AS THE SAME MAY BE AMENDED FROM TIME TO TIME) TO ANY PERSON WHO PURCHASES THE CONDOMINIUM FROM GRANTEES AT ANY TIME. GRANTEES ACKNOWLEDGE THEIR OBLIGATION TO FOLLOW THE MAINTENANCE RECOMMENDATIONS PROVIDED BY GRANTOR, AS WELL AS ANY PRODUCT MANUFACTURERS, AND COMMONLY ACCEPTED MAINTENANCE PRACTICES. (b) GRANTOR ADVISES GRANTEES OF THE EXISTENCE OF THE PRELITIGATION PROCEDURES SET FORTH IN CHAPTER 4 OF THE RIGHT TO REPAIR LAW AND THAT SUCH PROCEDURES IMPACT THE LEGAL RIGHTS OF GRANTEES. GRANTEES ACKNOWLEDGE THAT (i) GRANTEES HAVE BEEN PROVIDED A WRITTEN COPY OF THE RIGHT TO REPAIR LAW, (ii) GRANTEES HAVE BEEN OFFERED A COMPLETE COPY OF ALL OF PART 2 AND (iii) A COMPLETE COPY OF PART 2 IS AVAILABLE FROM GRANTOR UPON REQUEST. GRANTOR INSTRUCTS GRANTEES TO, AND GRANTEES ACKNOWLEDGES THAT GRANTEES SHALL, PROVIDE SUCH DOCUMENTS TO ANY SUBSEQUENT PURCHASER OF THE CONDOMINIUM FROM GRANTEES, AND SHALL REQUIRE ANY SUCH SUBSEQUENT PURCHASER TO PROVIDE SAID DOCUMENTS TO ANY PERSON OR ENTITY WHO PURCHASES THE CONDOMINIUM FROM SUCH SUBSEQUENT PURCHASER. (c) GRANTEES SHALL INDEMNIFY, DEFEND AND HOLD GRANTOR HARMLESS FROM ANY LOSS, COST OR DAMAGES ARISING FROM GRANTEES' FAILURE TO CARRY OUT GRANTEES' OBLIGATIONS UNDER THIS DEED.