HomeMy WebLinkAboutWyckoff, Meshanda; 2001-06-14;WF#13
CARLSBAD HOMEBUYER ASSISTANCE PROGRAM
NOTICE TO BORROWER:
THIS NOTE IS NOT ASSUMABLE
SECOND LIEN
PROMISSORY NOTE
Secured by Deed of Trust
$ 20.000.00 Carlsbad, California
JUNE 14 ,200 1
FOR VALUE RECEIVED, the undersigned
MESHANDA WYCKOFF (the "Borrower") promises to pay to the City of Carlsbad, a municipal
corporation (the "City"), or order, at the Housing and Redevelopment Department, 2965
Roosevelt Street, Suite B, Carlsbad, California 92008, or such other place as the City may
designate in writing, the principal sum of$ 20,000.00 plus Contingent Interest calculated
pursuant to Section 4 below.
1. Purpose of Loan. Borrower is purchasing the Residence located
at6130 PASEQ ENSILLAR 'n t'ie City of Carlsbad. This Note evidences a loan made by the
City to the Borrower (the "City Loan") pursuant to the Carlsbad Homebuyer Assistance Program
("CHAP"). The City Loan is in the amount determined by the City to be necessary for the
Borrower to afford to purchase the Residence making a reasonable downpayment and using
conventional first mortgage financing for the balance of the purchase price not financed by the
City Loan, as amended.
2. Definitions. The terms set forth in this Section shall have the
following meanings in this Note.
1010\02YI11700.3
ONE HUNDRED SEVENTY FIVE THOUSAND ** 175,000.00
a. "Appreciation Amount" shall mean the amount calculated by
subtracting the total original purchase price of the Residence paid by the Borrower, which was
** Dollars ($_**__), from one of the following amounts, as applicable: (i) in
the event of a sale of the Residence, the amount received by the Borrower as the sale price of the
Residence, as certified by the Borrower pursuant to Section 13 below; or (ii) in the event of a
prepayment of this Note, a Transfer other than sale of the Residence, or in the event of a default,
the Fair Market Value of the Residence; or (iii) in the event a creditor acquires title to the
Residence through a deed in lieu of foreclosure, a trustee's deed upon sale, or otherwise, the
amount paid for the Residence at a creditor's sale of the Residence.
b. "Contingent Interest" shall mean the percentage of the Appreciation
Amount set out in Section 4.
c. "Fair Market Value" shall be determined by a real estate appraisal
made by an independent residential appraiser designated by the City. If possible, the appraisal
shall be based upon the sales prices of comparable properties sold in the market area during the
preceding three-month period. The cost of the appraisal shall be paid by the Borrower. Nothing
in this subparagraph shall preclude the Borrower and the City from establishing the Fair Market
Value of the Residence by mutual agreement in lieu of an appraisal.
d. "First Mortgage" shall mean the promissory note and deed of trust
evidencing and securing the first mortgage loan for the Residence.
e. "Residence" shall mean the housing unit and land encumbered by
the deed of trust executed in connection with this Note.
f. "Transfer" shall mean any sale, assignment or transfer, voluntary or
involuntary, of any interest in the Residence, including, but not limited to, a fee simple interest, a
joint tenancy interest, tenancy in common interest, a life estate, a leasehold interest, or an interest
evidenced by a land contract by which possession of the Residence is transferred and the
Borrower retains title. Any Transfer without satisfaction of the provisions of this Note is
prohibited. A transfer: (i) to an existing spouse who is also an obligor under the Note; (ii) by a
Borrower to a spouse where the spouse becomes the co-owner of the Residence; (iii) between
spouses as part of a marriage dissolution proceeding; (iv) to an existing spouse or child of the
Borrower by device or inheritance following the death of the Borrower; (v) by the Borrower into
an inter vivos trust in which the Borrower is the beneficiary; or (vi) by deed of trust or imposition
of a lien subordinate to the Deed of Trust, shall not be considered a Transfer for the purposes of
this Note; provided, however, that the Borrower shall continue to occupy the Residence as his or
her principal place of residence and the Borrower shall provide written notice of such transfer to
the City pursuant to Section 14 below.
3. Security. This Note is secured by a second deed of trust dated the
same date as this Note (the "Deed of Trust").
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*ELEVEN POINT FORTY THREE PERCENT **11.43**
4. Contingent Interest. The Borrower shall pay contingent interest
equal to ** percent ( **%) of the Appreciation Amount (the "Contingent Interest"). No
interest other than Contingent Interest shall be due hereunder. The Contingent Interest shall be
paid to the City at the time set forth in Section 7(b) below, unless forgiven by the City pursuant to
Section 7(c) below. Borrower acknowledges that the Contingent Interest percentage amount is
equal to the City/Seller Loan principal amount as a percentage of the total purchase price of the
Home paid by the Borrower at the time of purchase, multiplied by seventy-five one hundredths
(.75). Borrower acknowledges that this calculation of the percentage of the Appreciation
Amount due to the City as Contingent Interest includes a twenty-five percent (25%) discount to
Borrower to account for any capital improvements Borrower may make to the Residence.
5. Term. The Term of this Note shall mean the period commencing
on the date of this Note and expiring on the date fifteen (15) years thereafter.
6. Residency. First Time Homebuyer. and Owner-Occupancy
Requirements: Representations Regarding Requirements.
a. The Borrower shall either have lived in the City for a minimum of
sixty (60) days or work in the City, and also be a first time homebuyer. Failure of the Borrower
to comply with these requirements shall be a default under this Note. The Borrower shall provide
written certification to the City that he or she meets these requirements.
b. The Borrower is required to occupy the Residence as his or her
principal place of residence, and failure by the Borrower to comply with this requirement shall be
a default under this Note. The Borrower shall be considered as occupying the Residence if the
Borrower is living in the Residence 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 Residence as his or her principal place of residence. The Borrower shall not lease the Home
to another party. Any lease of the Residence shall be a default under this Note.
c. Borrower hereby certifies that all income, residency or employment,
and first time homebuyer status information previously submitted to the City is true and correct.
Misrepresentation by Borrower of this information provided to the City shall be a default under
this Note.
7. Repayment.
a. Repayment of the principal amount of this Note shall be deferred
for the first five years from the date of this Note. At the end of five (5) years, the Borrower shall
begin making monthly repayments of principal in the amount of ** Dollars
($__**_) based on a ten (10) year principal repayment schedule and due and payable on the first
day of each calendar month commencing JUNE 14 2006 .
*** $166.67 **ONE HUNDRED SIXTY SIX DOLLARS AND
SIXTY SEVEN CENTS
1010\02\111700.3 3
b. The total amount of the principal and any Contingent Interest owed
under this Note shall immediately become due and payable (i) in the event of a default by the
Borrower under this Note, the Deed of Trust, or the First Mortgage, (ii) on the date Transfer is
made whether voluntarily, involuntarily, or by operation of law and whether by deed, contract of
sale, gift, devise, bequest or otherwise, (iii) in the event Borrower ceases to occupy the Residence
as his or her principal place of residence; or (iv) at the end of the Term of this Note as described
above in Section 5. Failure to declare such amounts due shall not constitute a waiver on the part
of the City to declare them due in the event of a subsequent Transfer.
c. In the event, upon expiration of the Term, (i) no Transfer has
occurred, (ii) Borrower has repaid all principal pursuant to subsection (a) above, (iii) Borrower
continues to owner-occupy the Residence, and (iv) Borrower is not in default hereunder or under
the Deed of Trust, the City shall forgive repayment of all Contingent Interest due hereunder.
8. Late Payment Fees. If any payment due hereunder is not paid
within five (5) days from the date such becomes due, Borrower shall pay a reasonable late or
collection charge equal to five percent (5%) of the amount so unpaid. The City and Borrower
agree that the actual damages and costs sustained by the City due to the failure to make timely
payments would be extremely difficult to measure and that the charges specified in this paragraph
represent a reasonable estimate by Borrower and the City of a fair average compensation for such
damages and costs. Such charges shall be paid by Borrower without prejudice to the right of the
City to collect any other amounts provided to be paid under this Note or the Deed of Trust or,
with respect to late payments, to declare a default.
9. Prepayments. The Borrower may prepay all or part of the balance
due under this Note including principal and Contingent Interest. In the event the entire amount of
principal due under this Note is prepaid, all Contingent Interest, calculated as of the date of
prepayment, shall also be due at the time of prepayment.
10. 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 Agency 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 Transfer.
11. Maintenance: Taxes: Insurance. Borrower shall maintain the
Residence in good repair and in a neat, clean and orderly condition. Borrower shall promptly pay
all property taxes due on the Residence prior to any delinquency and shall comply with the
insurance requirements set forth in the Deed of Trust.
12. Refinance of First Mortgage Loan. The outstanding principal and
interest on this Note shall not be due upon prepayment and refinance of the First Mortgage, and
the Deed of Trust shall be subordinated to the refinanced loan, provided that (i) such refinancing
is approved by the City, (ii) the amount refinanced does not exceed the outstanding principal
balance of the First Mortgage at the time of refinance plus reasonable costs of refinance, and (iii)
1010\02\111700.3
the refinance does not result in higher monthly payments on the First Mortgage Loan than were
due prior to the refinance.
13. Certification of Purchase Price on Transfer. Upon any sale of the
Residence, the Borrower shall submit to the City at least fifteen (15) days prior to the close of
escrow, a copy of the sales contract and a written declaration, under penalty of perjury, from the
Borrower and the proposed purchaser in a form acceptable to the City stating the gross sales price
of the Residence. The certification shall also provide that the proposed purchaser or any other
party has not paid and will not pay to the Borrower, and the Borrower has not received and will
not receive from the proposed purchaser or any other party, money or other consideration,
including personal property, in addition to what is set forth in the sales contract.
14. Notice to City of Transfers. Borrower shall provide the City with
written notice of any sale, assignment or transfer, voluntary or involuntary, of any interest in the
Residence, including, but not limited to, encumbrance of the Residence with a junior deed of trust
or transfer of the Residence to a spouse or trust. Borrower shall provide this notice to the City no
later than fifteen (15) days before the sale, assignment, or transfer occurs, except where the
transfer is by devise or inheritance after death of the Borrower in which event notice shall be
provided within thirty (30) days of the date of the transfer.
15. Default.
a. The Borrower shall be in default under this Note if he or she is in
default under the First Mortgage following the expiration of First Mortgage cure periods, or if,
after the notice and cure period provided by the City to the Borrower pursuant to the notice and
cure provisions of the Deed of Trust, the Borrower (i) fails to pay any money when due under this
Note; (ii) breaches any representation or covenant made in this Note in any material respect; or
(iii) breaches any provision of the Deed of Trust.
b. Upon the Borrower's breach of any covenant or agreement of the
Borrower in this Note or the Deed of Trust, including, but not limited to, the covenants to pay,
when due, any sums secured by the Deed of Trust, the City, prior to acceleration, will send, in the
manner set forth in Section 20, 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, 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 the Deed of Trust and foreclosure by the City. 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.
16. Acceleration. Upon the occurrence of a default under this Note,
the Deed of Trust, or the First Mortgage, the City shall have the right to declare the full amount
of the principal along with any Contingent Interest under this Note immediately due and payable.
Any failure by the City to pursue its legal and equitable remedies upon default shall not constitute
1010V02\111700.3
a waiver of the City's right to declare a default and exercise all of its rights under this Note and
the Deed of Trust. Nor shall acceptance by the City of any payment provided for herein
constitute a waiver of the City's right to require prompt payment of any remaining principal and
interest owed.
17. No Offset. The Borrower hereby waives any rights of offset it now
has or may later have against the City, its successors and assigns, and agrees to make the
payments called for in this Note in accordance with the terms of this Note.
18. Waiver: Attorney Fees and Costs. The Borrower and any
endorsers or guarantors of this Note, for themselves, their heirs, legal representatives, successors
and assigns, respectively, severally waive diligence, presentment, protest, and demand, and notice
of protest, dishonor and non-payment of this Note, and expressly waive any rights to be released
by reason of any extension of time or change in terms of payment, or change, alteration or release
of any security given for the payments hereof, and expressly waive the right to plead any and all
statutes of limitations as a defense to any demand on this Note or agreement to pay the same, and
jointly and severally agree to pay all costs of collection when incurred, including reasonable
attorney fees. If an action is instituted on this Note, the Borrower promises to pay, in addition to
the costs and disbursements allowed by law, such sum as a court may adjudge reasonable as
attorneys' fees in such action.
19. No Waiver by the City. No waiver of any breach, default or failure
of condition under the terms of this Note shall be implied from any failure of the City to take
action with respect to such breach, default or failure or from any previous waiver of any similar or
unrelated breach, default or failure.
20. Notices. All notices required in this Note 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 Borrower:
At the address of the Residence.
To the City:
City of Carlsbad
Housing and Redevelopment Department
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
Attention: Housing and Redevelopment Director
1010\02\111700.3
The parties may subsequently change addresses by providing written notice of the change
in address to the other parties in accordance with this Section 20.
21. Joint and Several Obligations. This Note is the joint and several obligation
of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their
successors and assigns.
22. Nonliability for Negligence. 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 Residence 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 Residence 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
Residence and will hold the City harmless from any liability, loss or damage for these things.
23. 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 the Deed of Trust; of
c. the failure at any time of any of Borrower's representations to the
Seller or the City to be true and correct.
24. Termination of Restrictions. Any legal restrictions on conveyance of the
Residence (as defined in 24 CFR 203.41(a)(3)(u)) included in this Note shall terminate upon
transfer of the Residence by foreclosure, deed in lieu of foreclosure, or assignment to the
Secretary of the United States Department of Housing and Urban Development.
25. Controlling Law. This Note shall be construed in accordance with and be
governed by the laws of the State of California.
26. Assignment by City. The City may assign its right to receive the proceeds
under this Note to any person and upon notice to the Borrower by the City all payments shall be
made to the assignee.
27. Invalid Provisions. If any one or more of the provisions contained in this
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 contained in this
1010\D2\111700.3
Note, and this Note shall be construed as if such invalid, illegal or unenforceable provision had
never been contained in this Note.
28. Entire Agreement. This Note (along with the Deed of Trust) sets forth the
entire understanding and agreement of the City and the Borrower and any amendment, alteration
or interpretation of this Note must be in writing signed by both the City and the Borrower.
BORROWER
MESHANDA WYCKOFF
(Print Name)
(Print Name)
1010W2\111700.3
RECORDED REQUEST OF
First American Title
SUBDIVISION SALF.OUT DEPT.
W800RDING REQUE STED
BY FIRST AMERICAN TtTLE
RECORDING REQUESTED BY
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
19494 nnp ft Pflfll -044R1 76
i/UU TT &.UU.L U*T1TtJJ.£.U
OFFICIAL RECORDS
SftH DIEGO COUKTY RECORDER'S OFFICE
GREGORY J. SMITH. COUHTY RECORDER
FEES: 0.00
|MY: 2
2001-04451 26
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
14th day of JUNE 2001, among MESHANDA WYCKOFF _this
("Borrower") as trustor, and FIRST AMERICAN TITLE COMPANY
the City of Carlsbad, a municipal corporation (the "City"), as beneficiary.
("Trustee"), and
** A CALIFORNIA CORPORATION
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"). 613Q pASE() E^JLLAR CARLSBAD, CA 92009
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";
19495
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 JUNE 14 2001, in the amount of
TWENTY THOUSAND Dollars ($ 20, OOP. Oty (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** or 'ts successors and assigns** HOME MORTGAGE IN
(the "First Lender"), dated 6/14/01 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.)
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
o ** RECORD CONCURRENTLY
19496
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
19497
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.
19498
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
19499
(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
19500
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.
19501
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)
Borrower
(Print Name)
19502
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN DIEGO ) h jO
On 'VAATJL AN 2001, before meVJM^^y V^VW >^<s |V . personally appeared
_, poroonally-laiowrfto 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/her/their 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.
^•^•"-mmmmmmm
CHHYLMCGHS
Commtatanf
Son Dfcoo County
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN DIEGO )
On , 2001, before me, , personally appeared
, 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/her/their 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.
ORDER NO. 504137-5
19503
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 UNIT COMPOSED OF:
PARCEL 1:
AN UNDIVIDED FRACTIONAL INTEREST AS TENANT 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 DIEGO 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"), 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. 62 . 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 THE
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.
PAGE 9
ORDER NO. 504137-5
19504
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 51°17'44" 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-TANGENT
90.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL LINE
BEARS NORTH 53°56'42" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12°25'56" A DISTANCE OF 19.53 FEET; THENCE
NORTH 48°29'14" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT 48.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG 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 A TANGENT 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
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°15'25" A DISTANCE
PAGE 10
ORDER NO. 504137-5
19505
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 118°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
2F18'04" 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.
PARCELS:
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.
JUNE 12, 2001 11:49 AM JL
PAGE 11
2005-1054374
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City Clerk's Office
City of Carlsbad
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
No fee for recording pursuant to
Government Code Section 27383
DEC 07, 2005 3:48 PM
OFFICIAL RECORDS
sAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES. 0.00
PAGES: 2
NOTICE OF RESCISSION OF NOTICE OF DEFAULT
UNDER SECTION 2924c OF CALIFORNIA CIVIL CODE
Pursuant to Section 2924c of the California Civil Code, the City of Carlsbad, a municipal
corporation (the "City"), as beneficiary of that certain deed of trust dated June 14, 2001,
executed by Meshanda Wyckoff as Trustor, and recorded on June 29, 2001 as
Instrument No. 2001-0445128 in the Official Records of San Diego County, California,
hereby rescinds the Notice of Default that was recorded on October 3£:acoH as
Instrument No. 9oo'-Ho/ct'£xS in the Official Records of San Diego County,
California.
Dated:IM _, 2005 City of Carlsbad,
a municipal corporation
By:
Its: LISA HILDABRAND
ASSISTANT CITY MANAGER
1010\17\298329.1
STATE OF CALIFORNIA
COUNTY OF
) ss.
\aa LGjrescenrV^
bra ntQ_personally
On Modern bar I ^ . 2005, before me.
NotaryPublic, personally appeared L\ so. Wi
known to me (ef-pfeved to me-tjrrtrie~basit> uf satisfactory eviderreetto be the person^
whose namel^Q is/are subscribed to the within instrument and acknowledged to me that
1=»e/she/they executed the same in -^/her/their authorised capacities, and that by
•-Ws/her/theiF- signature^ on the instrument, the person^ °r tne entity upon behalf of
which the personfa^acted, executed the instrument.
WITNESS my hand and official seal.
Signature k
Commission * 1358062
Notary Public - California |
San Diego County r
Hfr Comm. Expire»May24.2006 f
1010\17\298329.1
2004-1019705
Recording Requested by:
City of Carlsbad
When Recorded Mail to:
City of Carlsbad
City Clerk's Office
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
OCT 28, 2004 8:49 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES: 3 DA- 1
BORROWER: MESHANDA WYCKOFF
Carlsbad Homebuyer Assistance Loan - $20,000
LIEN #2001-0445126
6130 Paseo Ensillar, Carlsbad, CA 92009
Pursuant to California Civil Code Section 2924c please be advised of the following:
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
IMPORTANT NOTICE:
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN
YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may
have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs
and expenses within the time permitted by law for reinstatement of your account, which is normally five business days
prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of
default may be recorded (which date of recordation appears on this notice).
This amount is $6,395.41 as of September 3, 2004 and will increase until your account becomes current. While your
property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and
deed of trust or mortgage. If you fail to make future payments on the loan, pay taxes on the property, provide insurance
on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or
mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or
mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior
liens, property taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you
must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded,
but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee
may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the
three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by
transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and
(2).
Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being
foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the
legal right to stop the sale of your property by paying the entire amount demanded by your creditor.
To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in
foreclosure for any other reason, contact:
City of Carlsbad Housing and Redevelopment Department
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389 Phone Number: (760)-434-2818
BORROWER: MESHANDA WYCKOFF
City of Carlsbad Loan - $20,000
LIEN #2001-0445126
6130 Paseo Ensillar, Carlsbad, CA 92009
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
If you have any questions, you should contact a lawyer or the governmental agency which may have insured
your loan.
Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale provided
the sale is concluded prior to the conclusion of the foreclosure.
Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT
ACTION.
NOTICE IS HEREBY GIVEN: That City of Carlsbad under a Deed of Trust dated 06/14/2001, executed by:
MESHANDA WYCKOFF, AN UNMARRIED WOMAN
as Trustor, to secure certain obligations in favor of:
CITY OF CARLSBAD, a Municipal Corporation
as beneficiary, recorded 06/29/2001, (Instrument No.) 2001-0445126, of Official Records in the Office of the
Recorder of SAN DIEGO County, California describing land therein as:
AS MORE FULLY DESCRIBED IN THE ABOVE MENTIONED DEED OF TRUST
said obligations including ONE NOTE FOR THE ORIGINAL sum of $20,000.00.
That a breach of, and default in, the obligations for which such Deed of Trust is security has occurred in that
payment has not been made of:
THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME DUE ON 08/01/2003 AND
ALL SUBSEQUENT INSTALLMENTS, TOGETHER WITH LATE CHARGES AS SET FORTH IN
SAID NOTE AND DEED OF TRUST, ADVANCES, ASSESSMENTS, FEES, AND/OR TRUSTEE
FEES, IF ANY.
NOTHING IN THIS NOTICE SHALL BE CONSTRUED AS A WAIVER OF ANY FEES OWING TO
THE BENEFICIARY UNDER THE DEED OF TRUST, PURSUANT TO THE TERMS OF THE LOAN
DOCUMENTS.
That by reason thereof, the present beneficiary under such deed of trust, has executed and delivered to said
agent, a written Declaration of Default and Demand for same, and has deposited with said agent such deed of
trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all
sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust
property to be sold to satisfy the obligations secured thereby.
Dated: October 18, 2004 City of Carlsbad, a Municipal Corporation
Approved as to Form By:_
Ronald R^Batf, Cit\Attgjfii/V * 'Frank Mannen, Assistant City Manager
Assistant City Attorney
IMPORTANT NOTICE
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN
YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may
have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs
and expenses within the time permitted by law for reinstatement of your account, which is normally five business days
prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of
default may be recorded (which date of recordation appears on this notice).
This amount is $6,395.41 as of September 3, 2004 and will increase until your account becomes current.
While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by
your note and deed of trust or mortgage. If you fail to make future payments on the loan, pay taxes on the property,
provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the
beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the
beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you
paid all senior liens, property taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you
must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded,
but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee
may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the
three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by
transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and
(2)-
Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being
foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the
legal right to stop the sale of your property by paying the entire amount demanded by your creditor.
To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in
foreclosure for any other reason, contact:
Wells Fargo Home Mortgage, Inc. (Des Moines)
c/o Loanstar Mortgagee Services, L.L.C.
PO Box 9013
Addison, Texas 75001-9013
972-419-167
If you have any questions, you should contact a lawyer or the governmental agency which may have insured your
loan.
Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is
concluded prior to the conclusion of the foreclosure.
Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT
ACTION.
i Recording Requested by:
City of Carlsbad
u K When Recorded Mail to:
City of Carlsbad
City Clerk's Office
Attn: City Clerk
1200 Carlsbad Village Drive
Carlsbad, California 92008
DOC tt 2004-0300294
APR GO* 2QQ4 4 = 47 PMi
OFFICIAL RECORDS
m DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SHITH, COUNTY RECORDER-
FEES: 0.00
(Space above for Recorder's Use)
BORROWER: MESHANDA WYCKOFF
Carlsbad Homebuyer Assistance Loan - $20,000
LIEN #2001-0445126
6130 Paseo Ensillar, Carlsbad, CA 92009
Pursuant to California Civil Code Section 2924c please be advised of the following:
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
IMPORTANT NOTICE:
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN
YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may
have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs
and expenses within the time permitted by law for reinstatement of your account, which is normally five business days
prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of
default may be recorded (which date of recordation appears on this notice).
This amount is $7,890.93 as of January 5, 2004 and will increase until your account becomes current. While your
property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and
deed of trust or mortgage. If you fail to make future payments on the loan, pay taxes on the property, provide insurance
on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or
mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or
mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior
liens, property taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you
must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded,
but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee
may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the
three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by
transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and
(2).
Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being
foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the
legal right to stop the sale of your property by paying the entire amount demanded by your creditor.
To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in
foreclosure for any other reason, contact:
City of Carlsbad Housing and Redevelopment Department
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389 Phone Number: (760)-434-2817
BORROWER: MESHANDA WYCKOFF
City of Carlsbad Loan - $20,000
LIEN #2001-0445126
6130 Paseo Ensillar, Carlsbad, CA 92009
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
If you have any questions, you should contact a lawyer or the governmental agency which may have insured
your loan.
Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale provided
the sale is concluded prior to the conclusion of the foreclosure.
Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT
ACTION.
NOTICE IS HEREBY GIVEN: That City of Carlsbad under a Deed of Trust dated 06/14/2001, executed by:
MESHANDA WYCKOFF, AN UNMARRIED WOMAN
as Trustor, to secure certain obligations in favor of:
CITY OF CARLSBAD, a Municipal Corporation
as beneficiary, recorded 06/29/2001, (Instrument No.) 2001-0445126, of Official Records in the Office of the
Recorder of SAN DIEGO County, California describing land therein as:
AS MORE FULLY DESCRIBED IN THE ABOVE MENTIONED DEED OF TRUST
said obligations including ONE NOTE FOR THE ORIGINAL sum of $20,000.00.
That a breach of, and default in, the obligations for which such Deed of Trust is security has occurred in that
payment has not been made of:
THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME DUE ON 08/01/2003 AND
ALL SUBSEQUENT INSTALLMENTS, TOGETHER WITH LATE CHARGES AS SET FORTH IN
SAID NOTE AND DEED OF TRUST, ADVANCES, ASSESSMENTS, FEES, AND/OR TRUSTEE
FEES, IF ANY.
NOTHING IN THIS NOTICE SHALL BE CONSTRUED AS A WAIVER OF ANY FEES OWING TO
THE BENEFICIARY UNDER THE DEED OF TRUST, PURSUANT TO THE TERMS OF THE LOAN
DOCUMENTS.
That by reason thereof, the present beneficiary under such deed of trust, has executed and delivered to said
agent, a written Declaration of Default and Demand for same, and has deposited with said agent such deed of
trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all
sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust
property to be sold to satisfy the obligations secured thereby.
Dated: February 23, 2004 City of Carlsbad, a Municipal Corporation**
Approved as to Form By:_^
Ronald R. Ball, City Attorney/ J / , Frank Mannen, Assistant City Manager
Assistant City Attorney
IMPORTANT NOTICE
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN
YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, and you may
have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs
and expenses within the time permitted by law for reinstatement of your account, which is normally five business days
prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of
default may be recorded (which date of recordation appears on this notice).
This amount is $7,890.93 as of January 5, 2004 and will increase until your account becomes current.
While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by
your note and deed of trust or mortgage. If you fail to make future payments on the loan, pay taxes on the property,
provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the
beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the
beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you
paid all senior liens, property taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you
must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded,
but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee
may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the
three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by
transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and
(2).
Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being
foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the
legal right to stop the sale of your property by paying the entire amount demanded by your creditor.
To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in
foreclosure for any other reason, contact:
Wells Fargo Home Mortgage, Inc. (Des Moines)
c/o Loanstar Mortgagee Services, L.L.C.
PO Box 9013
Addison, Texas 75001-9013
972-419-167
If you have any questions, you should contact a lawyer or the governmental agency which may have insured your
loan.
Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is
concluded prior to the conclusion of the foreclosure.
Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT
ACTION.
A CONDOMINIUM UNIT COMPOSED OF:
PARCEL 1:
AN UNDIVIDED FRACTIONAL INTEREST AS TENANT 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 DIEGO 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"), 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. 62 , 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 THE
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.
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 51°17'44" 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-TANGENT
90.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL LINE
BEARS NORTH 53°56'42" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12°25'56" A DISTANCE OF 19.53 FEET; THENCE
NORTH 48°29' 14" WEST 50.00 FEE^ TO THE BEGINNING OF A TANGENT 48.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG 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 A TANGENT 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
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 118°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.
RECORDING REQUES 0
ftf FIRST AMERICAN TITLE
Order No. ^4/3"? -5"
Escrow No. Sot\ /37c5
Loan No.
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
CITY CLERKS1 OFFICE
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-2839
19506 DOC v 2001-0445127
JUN 29, 2003, 2s42 PM
QFFIClH KQRD6
BAH DIEGO GOUKTY RECORDER'S QFHCE
GREGORY J. SMITH, COUKTY RECORDER
FEES: 0.00
2001-0445127
SPACE ABOVE THIS LINE FOR RECORDER'S USE.ONLY
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 ol 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 DTKOO _County, California, and describing land therein as
SEE EXHIBIT "A"
**RECORDED CONCURRENTLY**
MESHANDA WYCKOFFexecuted by
in which CITY OF CARLSBAD
Beneficiary, and FIRST AMERICAN TITLE COMPANY. A CALIFORNIA CORPORATION
be mailed to CITY OF CARLSBAD, CITY- CLERKS OFFICE ATTNL JCITY CLERK
at 1200 CARLSBAD VILLAGE DRIVE
_ , as Trustor.
is named as
, as Trustee,
Mitmlii-f *r«l Slrnt.1
CARLSBAD, CA 92008-2839
Cny and Sl»u
N Q~T\ C E: 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.
STATfc (JH (JALII-OHNIA
COUNTY_OF SAN DIEGO
On
)3S
beforo me.I^JtfDA fo. GILLILAND", ASSISTANT SECRETARY
personally appaacod M GIA
personally known to me (or proved lo me on ihe basis of satisfactory
evidence) (o be the person(s) whose namef-agjpare subscribed 10 ihn wiihm
insirumeni and acknowledged lo me that he/SF>§lthey exflcuied ihe same in
his*!^/iheir authorized capacity***), sncllhnl hy hi^fi^lhaif signatur&Won
the instrument Ihe personfsfxjr Iha entity upon bj>hal( o( which tho porson^-
acted, axscuied the^instrumem
WITNCSS/m1
Signature
Notary Pubfc - Cd»on*>
Son Diego County
(This ares lor official notarial seal)
19507 ORDER NO. 504137-5
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 UNIT COMPOSED OF:
PARCEL 1:
AN UNDIVIDED FRACTIONAL INTEREST AS TENANT 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 DIEGO 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"), 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. 62. 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 THE
DECLARATION AND THE MASTER DECLARATION.
PARCELS:
NON-EXCLUSIVE APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY
NOW OR HEREAFTER OWNED BY THE ASSOCIATION AS SET FORTH IN THE
DECLARATION.
PAGE 9
ORDER NO. 504137-5
19508
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 51°17'44" 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-TANGENT
90.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, TO WHICH A RADIAL LINE
BEARS NORTH 53°56'42" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 12°25'56" A DISTANCE OF 19.53 FEET; THENCE
NORTH 48°29'14" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT 48.00 FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG 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 A TANGENT 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
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°15'25" A DISTANCE
PAGE 10
ORDER NO. 504137-5
19509
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 118°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.
PARCELS:
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.
JUNE 12, 2001 11:52 AM JL
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