HomeMy WebLinkAboutLeider, Jeff D & Scott T; 2001-05-22;N 2001-0364229 I
WF#13
RECORDING REQUESTED BY 11119
AND WHEN RECORDED MAIL TO:
City of Carlsbad
City Clerk's Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attention: City Clerk
No fee for recording pursuant to
Government Code Section 27383
DOC ft 2001-0364229
JUN O4* 2OO1 4 = 14 PM
OFFICIAL RECORDS
COUKTY RECORDER'S OFFICE
J. SHITH, COUNTY RECORDER
FEES: 0.00m 2
ft)SECOND LIEN
NOTE TO BORROWER:
(Space above for Recorder's Use)
THIS DEED OF TRUST CONTAINS
PROVISIONS PROHIBITING ASSUMPTIONS
DEED OF TRUST
AND SECURITY AGREEMENT
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") made as of
this 22ND day of MAY 2001, among JEFF D. LEIDER AND SCOTT T. LEIDER
("Borrower") as trustor, and ETRST AMKRTTAN TTTT.F, mMPATJY** ("Trustee"), and
the City of Carlsbad, a municipal corporation (the "City"), as beneficiary.
***A CALIFORNIA -CORPORATION -.. . . . .. . ,.. «.. . t ,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").
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 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";
Cc\
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
executed by the Borrower to the City dated MAY 22 , 2001, in the amount of
SIXTY THOUSAND Dollars ($60.000.00 (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 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:
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 that deed of trust executed by the Borrower in connection
with a loan made to the Borrower by WELLS FARGO HOME** or its successors and assigns
(the "First Lender"), dated MAY 7? . 2001, executed by the Borrower in favor of First
Lender, and recorded in the County of San Diego on *** , 2001, 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. The Borrower agrees to warrant and defend generally the title to the
Security 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 the City's
interest in the Security. (As used in this Deed of Trust, the term "First Lender" shall include all
successors and assigns of the First Lender.)
** MORTGAGE INC.**
2. Repayment of Loan. The Borrower will promptly repay, when due, the principal
and interest required by the Note. The Note contains the following provisions concerning
repayment of the loan under certain conditions:
No 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 not
assumable by transferees of the Residence, but is due in full upon a Transfer as defined in the
Note.
3. 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.
4. Owner-Occupancy Required. The Borrower shall occupy the Property as his or
her principal place of residence. The Borrower shall be considered as occupying the Property if
*** RECORD CONCURRENTLY
the Borrower is living in the unit for at least ten (10) months out of each calendar year. The
Borrower shall provide an annual written certification to the City that the Borrower is occupying
the Property as his or her principal place of residence.
5. Charges: Liens. The Borrower will pay all taxes, assessments and other charges,
fines and impositions attributable to the Security which may attain a priority senior to 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 senior to 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.
6. Hazard Insurance. The Borrower will keep the Security insured by 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 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 furnish 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 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 vnj
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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.
7. 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.
8. Protection of the City's Security. If the Borrower fails to perform the covenants
and agreements contained in this Deed of Trust, 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.
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 (1) ten percent (10%) per annum or (2) the highest interest rate
permissible under applicable law. Nothing contained in this paragraph will require the City to
incur any expense or take any action hereunder.
9. 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.
10. 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. 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.
11. 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.
12. 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 the City
and the Borrower subject to the provisions of this Deed of Trust.
13. Joint and Several Liability. All covenants and agreements of the Borrower shall be
joint and several.
14. 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 Borrower.
To the City:
City of Carlsbad
Housing and Redevelopment Department
Attn: Housing and Redevelopment Director
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
The parties may subsequently change addresses by providing written notice of the change
in address to the other parties in accordance with this section.
15. Controlling Law. This Deed of Trust shall be construed in accordance with and be
governed by the laws of the State of California.
16. Invalid Provisions. If any one or more of the provisions contained in this Deed of
Trust 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 and the Note shall be construed as if such invalid, illegal or unenforceable
provision had never been contained in this Deed of Trust or the Note.
17. 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.
18. Default: Remedies. Upon the Borrower's breach of any covenant or agreement of
the Borrower in 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 further 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, 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 provisions for notice of sale found at California Civil
Code Sections 2924, et seq.. 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.
19. Acceleration. Upon the occurrence of a default under the Note, 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 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.
20. 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 as if acceleration under the Note
has occurred; (b) the Borrower cures all breaches of any other covenants or agreements of the
Borrower contained in 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
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.
21. Reconveyance. Upon payment or forgiveness 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.
22. 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.
23. Subordination to First 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 further 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 30-day period and given its firm 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.
24. 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.
(Print Name)
A M E
STATE OF CALIFORNIA
COUNTY OF SaT,
}}ss.
}
On 5-29-01
personally appeared
, before me,
-t- T. T.eider-
D. Mackey
, personally known 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 his/her/their authorized capacity(ies), and that by his/herAheir 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.
Signaturi
D. MACKEY
COMM.W 1166773 £ r
NOTARY PUBLIC-CALIFORNIA^) '
SAN BERNARDINO COUNTY 0
COHII. EXP. DEC. 26.2001 ?
(This area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged.
3008 (1/94) (General)
First American Title Insurance Company
c'Vf|-'•'>•••!•»; .-sjp Vin.:L:mi ORDER NO. 503516-5
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 COMPRISED OF: ;
PARCEL 1:
AN UNDIVIDED FRACTIONAL INTEREST AS TENANTS IN COMMON IN AND TO THE
BUILDING ENVELOPE IN WHICH THE LIVING UNIT DESCRIBED IN PARCEL 2 BELOW IS
LOCATED EQUAL TO THE RECIPROCAL OF THE NUMBER OF LIVING UNITS WITHIN THAT
BUILDING ENVELOPE; BEING A PORTION OF LOT 1 OF CITY OF CARLSBAD TRACT 98-15
RANCHO CARRILLO VILLAGE "B", ACCORDING TO MAP THEREOF NO. 14002, FILED WITH
THE COUNTY RECORDER OF SAN DffiGO COUNTY, CALIFORNIA ON JULY 18, 2000.
EXCEPTING THEREFROM EACH LIVING UNIT LOCATED WITHIN SUCH BUILDING
ENVELOPE, AS SHOWN ON THE CONDOMINIUM PLAN DESCRIBED IN PARCEL 2 BELOW.
RESERVING THEREFROM THE EXCLUSIVE RIGHT TO POSSESSION AND USE OF ANY
EXCLUSIVE USE AREA SHOWN ON CONDOMINIUM PLAN DESCRIBED IN PARCEL 2
BELOW.
FURTHER RESERVING THEREFROM ALL THE RIGHTS AND EASEMENTS SET FORTH IN
THE DECLARATION OF RESTRICTIONS FOR SERRANO AT RANCHO CARRILLO (THE
"DECLARATION") AND THE MASTER DECLARATION OF RESTRICTIONS FOR RANCHO
CARRILLO (THE "MASTER DECLARATION") (SUCH DECLARATIONS ARE DESCRIBED
ABOVE), INCLUDING, BUT NOT LIMITED TO, THE EASEMENTS FOR INGRESS, EGRESS AND
GENERAL UTILITY PURPOSES AND GRANTOR'S RIGHT AND EASEMENTS TO CONSTRUCT
AND MARKET RESIDENCES AND CONSTRUCT RELATED IMPROVEMENTS.
PARCEL 2:
LIVING UNIT NO. 78, AS SHOWN UPON THE CONDOMINIUM PLAN RECORDED OCTOBER 5,
2000 AS DOCUMENT NO. 2000-0534956 AND RE-RECORDED FEBRUARY 16, 2001 AS FILE
NO. 2001-0092231, BOTH OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA (THE
"CONDOMINIUM PLAN").
RESERVING FROM PARCEL 2 ALL RIGHTS AND EASEMENTS SET FORTH IN
DECLARATION AND THE MASTER DECLARATION.
PARCEL 3: «~ ,.
NON-EXCLUSIVE APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY
NOW OR HEREAFTER OWNED BY THE ASSOCIATION AS SET FORTH IN THE
DECLARATION.
ORDER NO. 503516-5
PARCEL 4:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN ACCESS, INGRESS
AND EGRESS AND DRIVEWAY PURPOSES AND FOR THE USE OF PRIVATE STORM DRAINS,
OVER, UNDER, ALONG, ACROSS AND THROUGH THAT PORTION OF LOT 207 OF
CARLSBAD TRACT 97-02 RANCHO CARRILLO VILLAGES "A-D", IN THE CITY OF
CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 13582, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, CALIFORNIA ON JUNE 10, 1998 AS FILE NO. 1998-0352224 OF OFFICIAL RECORDS,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 207; THENCE ALONG THE
EASTERLY AND SOUTHERLY PROPERTY LINES THEREOF, THE FOLLOWING COURSES:
SOUTH 22°16'38" WEST 53.04 FEET; THENCE SOUTH 24°20'16" WEST 50.74 FEET TO THE
TRUE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON-TANGENT 58.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LINE BEARS
NORTH 87°54'36" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 35°27'52" A DISTANCE OF 36.21 FEET; THENCE SOUTH
33°23'24" WEST 230.96 FEET TO THE BEGINNING OF A NON-TANGENT 22.50 FOOT RADIUS
CURVE CONCAVE EASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 56°34'59" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
82°20*15" A DISTANCE OF 32.33 FEET; THENCE SOUTH 48°55'15" EAST 23.42 FEET TO THE
BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 02°22'29" A DISTANCE OF 4.14 FEET; THENCE SOUTH 510!?^" EAST 54.80 FEET
TO THE BEGINNING OF A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 38°42'14" EAST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
05°33'30" A DISTANCE OF 9.70 FEET; THENCE SOUTH 45°44'15" EAST 51.08 FEET TO THE
BEGINNING OF A NON-TANGENT 48.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, TO WHICH A RADIAL LINE BEARS NORTH 06°17'12" WEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
72°39'49" A DISTANCE OF 60.87 FEET: THENCE SOUTH 23°37'23" EAST 50.00 FEET TO THE
BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 11°57'12" A DISTANCE OF 18.78 FEET; THENCE SOUTH 54°25'25" WEST 10.00
FEET; THENCE SOUTH 53°07'09" WEST 58.01 FEET TO THE BEGINNING OF A NON-T> iNGENT
90.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADI.L LINE
BEARS NORTH 53°56'42" EAST; THENCE NORTHWESTERLY ALONG THE ARC/0F SAID
CURVE THROUGH A CENTRAL ANGLE OF 12°25'56" A DISTANCE OF 19.53 FEETf/THENCE
NORTH 48°29' 14" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT 48.00 BOOf RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONC/THE ARC'OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 45°55'59" A DISTANCE/OF 38.48 FEET;
THENCE NORTH 45°44'15" WEST 58.34 FEET TO THE BEGINNING OF ArTANGENT 100.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°04'27" A DISTANCE OF 3.62
FEET: THENCE NORTH 43°39'48" WEST 51.89 FEET TO THE BEGINNING OF A TANGENT
100:00'FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY
ORDER NO. 503516-5
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°15'25" A DISTANCE
OF 9.18 FEET; THENCE NORTH 48°55'14" WEST 48.27 FEET TO THE BEGINNING OF A
TANGENT 50.00 ' FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
07° 13 '51" A DISTANCE OF 6.31 FEET TO THE BEGINNING OF A REVERSE 38.50 FOOT
RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 1 18°28'45" A DISTANCE OF 79.61 FEET; THENCE
LEAVING SAID PROPERTY LINE OF LOT 207 SOUTH 27°40'20" EAST 7.00 FEET TO THE
BEGINNING OF A NON-TANGENT 31.50 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS NORTH 27°40'20" WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
21°18'04" A DISTANCE OF 11.71 FEET TO THE BEGINNING OF A REVERSE 25.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°15'17" A DISTANCE OF 21.93
FEET; THENCE NORTH 33°22'27" EAST 254.69 FEET; THENCE SOUTH 65°39'44" EAST 21.92
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5:
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.
APRIL 30.2001 10:48 AM RF
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
CITY CLERKS OFFICE
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-2839
11132
DOC # 2001-0364230
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SHITH, COUNTY RECORDER
FEES: 0.00
2001-0364230
SPACE ABOVE THIS LINE fUM HCVAJMU,... ---- . .
Request For Notice Under Section 2924b Civil Code
In accordance with Section 2924b. Civil Code, 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. **
on ' , 19 , in Book , Page , Official
Records of SAN _ County, California, and describing land therein as
SEE EXHIBIT "A"
**RECORDED CONCURRENTLY**
executed by
in which CITY OF CARLSBAD
JEFF D. LEIDER AND SCOTT T. LEIDER
Beneficiary, and FIRST AMERICAN TITLE CQHPANY. A CALIFORNIA CORPORATION
be mailed to CITY OF CARLSBAD, CITY-CLERKS OFFICE ATTNL CITY CLERK
at 1200 CARLSBAD VILLAGE DRIVE
_, as Trusior,
is named as
, as Trustee,
CARLSBAD. CA 92008-2839
Cnv ana SUMS:
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.
iiTATk OH CALII-UHNIA
COUNTY OF SAN DTEm
}3S
.}
On May 23, 2001 before me.
personally appaoiod M
C. i VS
ASSISTANT SECRETARY
b<xc\
personally known to me. (or proved lo me on ihe basis of satisfactory
evidence) to be (he person(s) whose name(s) is/are subscribod lo ihn within
instrument and acknowledoed to rne that he/she/they exocutad the same m
hisjtier/their authorized capacity (ies). and thnt tiy his/har/ihair signaturo(s) on
the instrument Ihe person (s) or tho entity upon behalf of which cho porsonfs)
acted, oxeculed the instrumem.
^ jm.
DEMISE MARKS --«
Commission # 1274453 ""
Notary PubTsc - Calffomfer
San Dfego Ccxjnfy, --'
WITNESS my han
Signature 1 I
(\and official sea).
(This area for odiciai notarial seai)