HomeMy WebLinkAbout1984-04-17; City Council; 7209-2; Acceptance of deed of trust and promisory note0
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- AGENDA BILL
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MTG. 4/17/84
DEPT.RE D
TITLE: ACCEPTANCE OF DEED OF TRUST AND
PROMISSORY NOTE FOR CHINQUAPIN
INVESTMENTS SENIOR HOUSING PROJECT
OPPT. HDVVt^
CITY ATTYME&
niTY MGR.<^*tX-
RECOMMENDED ACTION:
It is recommended that the City Council accept the Deed of Trust
and promissory note for Chinquapin Investments as conditioned in
the Senior Housing Ordinance.
ITEM EXPLANATION:
On December 7, 1982, the City Council approved CUP 220, a permit
to construct a 37 unit senior citizen housing project at
987 Chinquapin. Pursuant to the provisions of the Senior Housing
Ordinance, Section 21.18.045, the applicant is permitted to
increase the density to 52 du/ac and reduce the required parking
from 56 spaces to 25 spaces.
It is also provisioned that if a developer wishes to take
advantage of these special standards contained in the ordinance,
the developer, as a condition of approval, shall grant the City
an equity position in the project. This equity is secured by a
second trust deed conveyed to the City by the developer. This
Deed of Trust is held by the City to assure that the project is
constructed, operated and maintained in accordance with the
Senior Housing Ordinance and the conditional use permit.
The developer has provided the City with the proper documentation
to satisfy the equity condition of the ordinance. The City
Council is asked to accept the Deed of Trust in the amount of
$171,000 and promissory note from the applicant, Chinquapin
Investments.
FISCAL IMPACT;
There will be no fiscal impact resulting from this action,
EXHIBITS:
1 - Chinquapin Investments Deed of Trust
2 - Promissory Note
RECORDING REOUESTf—1Y
City Clerk
City of Carlsbad
AND WHEN RECORDED MAIL TO
NAME City Clerk
AOORESS 120° V™ AVSnUe
CIT¥» Carlsbad, CA 92008
~1
STATEZIPL_ _J
Title Order No Escrow No
DEED OF TRUST AND ASSIGNMENT OF RENTS
BY THIS DEED OF TRUST, made this 7th
CHINQUAPIN INVESTMENTS, a General
3229 Valley Street, Carlsbad, CA
day of February ,19 84 .between
Partnership
, herein called Trustor, whose address is
92008(number and street) (city) (state zip)
and SAFECO TITLE INSURANCE COMPANY,
CITY OF CARLSBAD
a California corporation, herein called Trustee, and
, herein called Beneficiary,
Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in
The City of Carlsbad, San Diego County, California, described as:
SEE EXHIBIT "A" ATTACHED for legal description
See Exhibit "B" attached hereto and incorporated herein for additional
provisions to this Deed of Trust
Trustor also assigns to Beneficiary all rents, issues and profits of said realty reserving the right to collect and use the same except
during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the
same by any lawful means in the name of any party hereto.
For purpose of securing :
(1 ) Payment of the indebtedness evidenced by one promissory note in the principal sum of $171 , 000
of even date herewith, payable to Beneficiary, and any extensions or renewals thereof; (2) the payment of any money that may be
advanced by the Beneficiary to Trustor, or his successors, with interest thereon, evidenced by additional notes (indicating they are
so secured) or by endorsement on the original note, executed by Trustor or his successor; (3) performance of each agreement of
Trustor incorporated by reference or contained herein.
On October 25, 1 973, identical fictitious Deeds of Trust were recorded in the offices of the County Recorders of the Counties of the
State of California, the first page thereof appearing in the book and at the page of the records of the respective County Recorder as
follows:
COUNTY Book Page COUNTY Book Page COUNTY Book Page COUNTY Book Page
Alameda 3540 89 Kings 1018
Alpine 18 753 Lake 743
Amador 250 243 Lassen 271
Butte 1870 678 Los Angeles T8512
Calaveras 368 92 Madera 1176
Colusa 409 347 Marin 2736
Contra Costa 7077 178 Mariposa 143
Del Norte 174 526 Mendocino 942
El Dorado 1229 594 Merced 1940
Fresno 6227 411 Modoc 225
Glenn 565 290 Mono 160
HumboWt 1213 31 Monterey 877
Imperial 1355 801 Napa 922
Inyo 205 660 Nevada 665
Kem 4809 2351 Orange 10961
394 Placer 1528 440 Siskiyou 697 407
552 Plumas 227 443 Solano 1860 581
367 Riverside 1973 139405 Sonoma 2810 975
751 Sacramento 731025 59 Stanislaus 2587 332
234 SanBenito 386 94 Sutler 817 182
463 San Bemai .mo 8294 877 Tehama 630 522
717 San Francisco B820 585 Trinity 161 393
242 SanJoaquin 3813 6 Tulare 3137 567
361 San Luis Obispo 1750 491 Tuolumne 396 309
668 SanMateo 6491 600 Ventura 4182 662
215 Santa Barbara 2486 1244 Yolo 1081 335
243 Santa Clara 0623 713 Yuba 564 163
96 Santa Cruz 2358 744 File No.
303 Shasta 1195 293 San Diego 73-299568
398 Sierra 59 439
The provisions contained in Section A. including paragraphs 1 through 5, and the provisions contained in Section B, including
paragraphs 1 through 9 of said fictitious Deeds of Trust are incorporated herein as fully as though set forth at length and in full herein.
The undersigned Trustor requests that a copy of any notice of default and any notice ofsale hereu/ider be maijjejl to Trustor at the
address hereinabove set forth, being the address designated
STATE OF CALIFORNIA, j
> SSCOUNTY OF_San J)ie.go. (
On this the 2nd. day of -March 19 84. before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared Mlcr)3 f^l D» O'Gara
for the purpp«&£if receiving sujeh ngtfce /j ' //
//</'•* /y /y / /^-i
Michael D. O'Gara
P T" f* R "i e^ f^trf" Cif f Vi *i n mi ^m "i n Tr»\7OT*t"mr*nf'^J. .1- CS O J. \Jt^^l I L. \J 2- <*~11 J.IIV^UCl^-'Xil X 11 V w 0 UVll^ii 1_ O
cno urtTADv CCAI nn CTAUP
Pxesidejot_of_- Chinquapin Investments ffLLL |LLJ
. personally known to me or
proved to me on the basis o! satisfactory evidence to be the personj^
whose nameCK) is tGK) subscribed to the within instrument and
acknowlftdoed that J^e * execuleo the san^e
'~ • i /- "~*"' ~-<L' ' \ , -') rn ~) ' <•^ *-<- ^ (~<^"^\ - _ ^.^i....L-l-i»A^s-.-L_A-_v-- -
• /S**1?*^. »'HCl»i SIM
BteT»tt VICKI L HARLANDE*fit%Tj8v7 "lATFl*LIC-ailf0'?-:*ff \S§8X SAN BERNARDINO COUNTY |
SAFECO Stock No CAL-92 (Rev. 12-82)
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Tract Two Hundred Thirty-eight of Thum Lands, in the County of
3ui- Dl^yu, Clute of California, according to Map thereof No. 1681, filed in the Office
of the County Recorder of San Diego County, described as follows:
Beginning at a point in the center line of Chinquapin Avenue, which said point is
distant 557.93 feet on a bearing of South 61°21fOO" West from the center line inter-
section of Chinquapin Avenue with the centerline of Adams Street; thence from the
said beginning point South 28°39'00" East a distance of 259.00 feet; thence South
61°21'00" West a distance of 437.02 feet; thence North 28°39'00" West a distance of
259.00 feet to the center line of Chinquapin Avenue; thence North 61°21'00" East a
distance of 437.02 feet along the center line of Chinquapin Avenue to the place of
beginning.
EXCEPTING that the following portion of said real property was by Grant Deed recorded
October 11, 1966 as No. 163477, deeded to the State of California;
"That portion of Tract 238 of Thum Lands, according to Map thereof No. 1681, filed
in the Office of the County Recorder of San Diego County, December 9, 1915, described
in the Deed to Gilbert R. Kidson, et ux, recorded October 25, 1944 in Book 1768 at
Page 102, San Diego County Official Records, lying Westerly of the following described
1 i ne :
Beginning at a point on the course described as South 72°57'48H West, 50.00 feet in
the Deed to the State of California, recorded November 27, 1951 in Book 4302, Page
239, San Diego County Official Records, said point bears South 73°33'06" West, 25.00
feet from the Easterly terminus of said course; thence (1) North 18°17'05" West, 375.17
feet; thence C2) North 15°23'41" West, 44.24 feet; thence (3) North 21°24'23" West,
1131.23 feet to a point on the course described as South 12°27'32" East, 304.84 feet
in the Deed to the State of California, recorded November 9, 1951 in Book 4287 at
Page 97, San Diego County Official Records, last said point bears North 11052'12" West,
98.13 feet from the Southerly terminus of last said course.
(ALSO) "EXCEPTING THEREFROM that portion conveyed to the State of California, in
Proceeding No. 170970, Parcel 1, by Final Order of Condemnation, recorded January 19,
1953 in Book 4721 at Page 46, San Diego County Official Records."
"The bearings and distances used in the above description are on the California
Coordinate System, Zone 6. Multiply distance shown by 1.0000472 to obtain ground
level distances."
EXHIBIT "B"
ADDITIONAL PROVISIONS TO SUBORDINATED DEED OF TRUST
This deed of trust is given to the City of Carlsbad to insure that the maker thereof
constructs, operates and maintains the property described in the Deed of Trust secured hereby
as a Senior Citizens Housing Project in accordance with the requirements of said Section and
Conditional Use Permit 220-A or if not so constructed, operated and maintained, that the maker
hereby would allow the reduction of units to meet guidelines established through Conditional
Use Permit 220-A and then such changes may be imposed by the City^of Carlsbad.
No payment shall be required to the City of Carlsbad because of this Deed of Trust
except as follows:
1. If the property is operated or maintained in violation of the requirement that no
school age children occupy the property or is converted to a use permitting occupancy by
school age children, the Carlsbad Unified School District may declare the maker hereof in
default for an amount equal to the normal and customary fees then chargeable by the school
district for the use of the property by school age children. Upon payment in full of the
proper school fees, the Carlsbad Unified School District shall reconvey the lien of this
Deed of Trust.
2. The entire amount of school fees shall become immediately due and payable at the
option of the Carlsbad Unified School District in the event that upon the sale, conveyance
or other disposition of the property described in the Deed of Trust, the buyer fails to agree
in writing to accept and abide by all the terms and provisions of this Deed of Trust.
The maker hereof shall have the right at any time to pay the then proper amount of
school fees. Upon payment in full, the lien of this Deed of Trust shall be reconveyed.
This Deed of Trust is given solely to conform with the requirements of the City of
Carlsbad and neither the maker nor any partner, officer, agent or employee of the maker shall
have personal liability for the reduction of the number of units. The holder thereof shall
look only to its interest in the property described in this Deed of Trust,
This Deed of Trust shall be subordinated and subject to any deeds of trust to be executed
by Trustor or his successor in interest concurrently herewith or at any time hereafter:
(1) To secure loans called "construction loans," "permanent loans" or any other form of
loan, refinancing, additional financing, or promissory note given by the purchaser of the
property; and
(2) To secure the obligations to the City of Carlsbad pursuant to Section 21.18.045 of
the Carlsbad Municipal Code and Conditional Use Permit 220-A,
This Deed of Trust is specifically made subject and subordinate to that certain Deed of Trust
dated February 7, 1984, executed by Chinquapin Investments, a General Partnership, in which
Midwest Pacific Financial,, Inc. is named as beneficiary and Burlington Financial Service, Inc.,
a corporation as Trustee,' which is being recorded concurrently herewith. This Deed of Trust
is further specifically made subject and subordinate to that certain Deed of Trust dated
February 7, 1984, executed by Chinquapin Investments in which the City of Carlsbad is named
as Beneficiary and Union Land Title Insurance Co., a corporation, as Trustee,
CITY OF CARLSBAD CHINQUAPIN INVESTMEN
By:
MARY H. CASLER, Mayor
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss
On 2nd March » 198_£_, before me, the undersigned, a Notary Public in and for said
State, personally appeared Michael D. O'Gara, personally known to me or proved to me on the
basis of satisfactory evidence to be the person who executed the within instrument as
Managing General Partner of the partners of the partnership that executed the within instrument,
and acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
Ml'chael D, "O'Gara, President
Of HCi»l SHI
VICKI L. HARLANOER
NClMtY PUBLIC - CUtfORNII
SAN BCRNARD1KO COUNTY
*< temrnwor Upm Fetnuary 1i. 1W6
Notary PuMi'c in and for said County & State.
u
RENTAL AGREEMENT
(RESIDENTIAL)
THIS IS A LEGALLY BINDING AGREEMENT
READ IT CAREFULLY
This agreement is made at Carlsbad, California, on
, 198 , between Chinquapin Senior Housing,
hereinafter called Owner, and
hereinafter called Resident, who agree as follows:
1. TERM
The term of this agreement shall be for month(s)
commencing , 198 , and terminating '
, 198 . (See HUD #2")
2. PROPERTY
Owner hereby rents to Resident for the term of this
agreement the property located at:_
, Apt.
which includes
Refrigerator: Yes No
3. RENT
The monthly rental for the premises is $__ per
month, which Resident agrees to pay Owner, in advance, without
deduction or offset, at Owner's office at No. 1003-A Chinquapin
Ave., Carlsbad, CA 92008. Rent shall be payable in installments
as follows:
A. The sum of $ upon execution of this Rental
Agreement as rent for the period beginning
, 198 . through , 198
B. The sum of $ _ for the period _ ,
198 _ , through" _ , 198_ _
(.second month prorated) payable on _ _ , 198
initial
C. The sum of $ on the first day of each
calendar month commencing , 198
4. LATE CHARGES
initial
Recognizing that late payments cause Owner damage in an
amount which is difficult to ascertain, Resident agrees to pay to
Owner a charge of $15.00 as liquidated damages if the rent is not i
paid on or before 5:00 P.M. on the 5th day of the month. In the
event any check tendered by Resident as payment of rent is returned
by the bank for "not sufficient funds" or "account closed," Resident
shall be required to pay to Owner immediately a charge of $15.00
as liquidated damages. In the event any check is returned by bank
for "not sufficient funds" or "account closed," Resident shall be
required, at Owner's option, to make any future payments with cash,
cashier's check, certified check, or postal money order.
5. SECURITY, REPAIR AND CLEANING DEPOSIT
Resident shall pay Owner, upon execution of this agreement,
a security deposit of $ . Said deposit shall be held by
Owner as security for the faithful performance by Resident of all the
terms of this agreement. Owner may at any time use any part or all
of said deposit to remedy Resident's default in the payment of the
rent, to repair damages caused by Resident (exclusive of ordinary
wear and tear), and to clean the premises, if necessary, upon termin-
ation of tenancy, to include painting, carpet cleaning and drapery
cleaning. If any part of the security deposit is so utilized by
Owner during the term of tenancy, Resident agrees to reinstate said
total security deposit upon five (5) days written notice delivered to
Resident in person or by mailing. No later than (.2) weeks after
Resident has vacated the premises, the owner shall furnish Resident
with an itemized written statement of the disposition of such security
deposit and shall return any remaining portion of said deposit to
Resident.
6. ACCEPTANCE AND SURRENDER OF PREMISES
Resident accepts said premises and appliances listed herein
as is, and as being in good sanitary condition and repair and agrees
at the termination of this Rental Agreement to peaceably surrender
same to Owner in a clean and satisfactory condition. Resident has
inspected the premises, including but not limited to the windows, doors,
plumbing facilities, hot and cold water supply, heating facilities,
electrical lighting, building grounds and appurtenances and receptacles
for
trash, and accepts the same "as is," and acknowledges that the
same are in good condition and/or repair, unless noted to the
contrary in this Agreement. Resident shall, upon vacating,
deliver all keys for the demised premises to Owner, or remain
liable for the payment of rent until said delivery is made.
7. USE OF PREMISES
A. The premises are rented for residential use only
and shall be occupied by not more than two.... adult (s).
B. No dogs, cats, birds, or other pets of any kind
shall be kept or allowed on the premises.
C. Resident shall not disturb, annoy, endanger or
inconvenience other residents or neighbors, nor use the premises
for any immortal or unlawful purpose, nor violate any law or
.ordinance, nor commit waste or nuisance upon or about the prem-
ises. Owner agrees to prevent other residents and other persons
in the building or common areas from similarly disturbing Resi-
dent's peace and quiet.
8. RESIDENT'S DUTY TO MAINTAIN PREMISES
A. Resident shall keep the dwelling unit in a clean
and sanitary condition and shall otherwise comply with all state
and local laws requiring Residents to maintain rented premises.
If damage to the dwelling until (other than normal wear and tear)
is caused by acts or neglect of Resident or others occupying the
premises with his permission, Resident may repair such damage at
his own expense. Upon Resident's failure to make such repairs,
after reasonable notice by Owner, Owner may cause such repairs to
be made and Resident shall be liable to Owner for any reasonable
expense thereby incurred by Owner.
B. Resident shall not make( or suffer any alteration
or repairs to be made to the premises without the written consent
of Owner.
C. Resident shall immediately notify Owner should any
plumbing, electrical, mechanical or other equipment or part of
the premises become damaged, faulty or in disrepair.
9. UTILITIES
Resident shall pay for all electricity and other
utilities consumed on said premises; Owner agrees to pay for
reasonable water which Resident shall not use in a wasteful,
unreasonable, or arduous manner or extent. Resident shall not
perform any on-site car washing.
-3-
7
10. INSPECTION BY OWNER
Upon reasonable advance notice of at least twenty-four
(24) hours, Resident shall make the premises available during
normal business hours to Owner or his agent for the purposes of:
making necessary or agreed repairs, decorations, alterations or
improvements, supplying necessary or agreed services, or
exhibiting the premises to prospective or actual purchasers,
mortgagees, tenants, workmen or contractors. Normal business
hours are hereby agreed to be: 8:00 a.m. to 6:00 p.m., Monday
through Saturdays (except holidays).
In case of emergency, Owner or his agent may enter the
premises at any time without notice to, or permission of, Resi-
dent for the purpose of making corrections or repairs to alle-
viate such emergency.
11. HOLDOVERS
If Resident holds over upon termination of this agree-
ment and Owner accepts Resident's tender of the monthly rent
provided by this agreement, this agreement shall continue to be
binding on the parties as a month-to-month agreement.
12. WAIVER OF LIABILITY
Owner shall not be liable for damages by reason of any
injury to any person, including Resident and his family, or to
any property belonging to any person, including Resident and his
family (except as caused by Owner's negligence), which injuries
or damages may in any way be connected with said premises or the
land surrounding said premises, storage rooms or the swimming
pool on said premises, or the acts or neglects of co-residents,
or other occupants of said premises, or of any owners or occu-
pants of adjacent and contiguous property, and Resident hereby
agrees to indemnity and hold harmless Owner from any liability,
loss or obligation resulting from any such injuries or damages.
13. NOTICE
Owner may terminate this agreement during the term thereof
or any extensions thereof for non-payment of rent or default in
performance of the provisions of this agreement by giving Resi-
dent a three (3) day written notice. Owner may terminate this
agreement for any other reason at any time upon giving at least
thirty (30) days written notice of its election to do so to
Resident prior to termination of the term. During any month-
to-month tenancy, Resident shall give notice in writing to Owner
thirty (30) days prior to the date Resident desires to vacate
said premises. Resident shall be liable for a full thirty (30)
days rent from the date of giving notice.
14. ATTORNEY FEES
If any legal action or proceeding is instituted by
either Owner or Resident to enforce any part of this Agreement,
the prevailing party shall recover, in addition to all other
relief, reasonable attorneys fees and costs.
15. AMENDMENTS TO AGREEMENT
This agreement cannot be altered, amended or changed in
any manner whatsoever unless in writing and properly signed by
Owner and Resident.
16. SUBLETTING
Resident shall not let or sublet all or any part of the
premises nor assign this agreement or any interest in it without
the prior written consent of Owner.
17. JOINT AND SEVERAL RESPONSIBILITY
Each Resident of the premises rented pursuant to this
Agreement shall have joint and several liability for all terms
and conditions herein including, but not limited to, the payment
of rent.
18. WAIVER OF BREACH
The waiver by Owner of any breach shall not be con-
strued to be a continuing waiver of any subsequent breach.
19. COMPLIANCE WITH CARLSBAD SENIOR HOUSING REQUIREMENTS
Resident acknowledges that he/she will no longer be
eligible for occupancy of the premises and must immediately
vacate the premises upon failure to meefc the following conditions
which are requirements of the City of Carlsbad imposed directly
upon Resident:
A. The minimum age of at least one occupant of each
apartment shall be sixty-two years of age.
B. There shall be no more than two people residing in
any one-bedroom apartment, and the second person shall be
over twenty-five.
C. There shall be no school age children under
twenty-five occupying an apartment for any reason.
-5-
Resident agrees to certify to Owner and/or the City of
Carlsbad, at such times as may be requested, the continuing accuracy
of the above conditions and to promptly notify Owner of any changes
causing Resident to become ineligible to continue occupancy of the
premises.
Resident represents to Owner and the City of Carlsbad that,
as of the date of this Agreement, Resident fully complies with all
the foregoing conditions. Resident further represents that if
Resident is now or in the future becomes unable to live on a totally
independent basis because of age or infirmity, Resident's level of
function and degree of competence in performing daily living activities
is or will remain such that he/she possesses the ability to sustain
relative independence given the nature of the premises.
LESSOR: CHINQUAPIN SENIOR HOUSING LESSEE;
By: • • --• _-
AGENT FOR OWNER
Receipt of Rules and Regulations
initial
initial
-6-
PROMISSORY NOTE
$171,000.00 February 7, 198*4
Carlsbad, CA 92008
FOR VALUE RECEIVED, the undersigned promises to pay to the City of Carlsbad
at Carlsbad, California, the sum of $171,000.00 with interest at the rate of ten percent
(10%) per-annum simple interest until paid or cancelled as herein provided.
This note is given to the City of Carlsbad pursuant to Section 21.18.0^5 of the
Carlsbad Municipal Code to insure that the maker hereof constructs, operates and
maintains the property described in the deed of trust secured hereby as a Senior Citizen
Housing Project in accordance with the requirements of said Section and Conditional
Use Permit 220-A, or if not so constructed, operated and maintained, that the property
is brought up to the standards of the approved conversion plan pursuant to CUP 220A or
any other conversion plan approved by the City of Carlsbad.
No payment shall be required on this note except as follows:
1. If the Council of the City of Carlsbad or any successor thereto determines
that the property is being operated or maintained in violation of any of the terms of
said Section 21.18.0^5 or said Conditional Use Permit 220-A, or used for other than a
Senior Citizens Housing Project without the consent of the City Council, the City Council
may declare the whole sum of principal and any accrued interest thereon immediately due
and payable. The maker hereof shall then have the option to elect to pay said principal
and accrued interest in full or within a reasonable time thereafter to convert the project
to meet the approved conversion plan pursuant to CUP22DA or any other conversion plan
approved by the City of Carlsbad. Upon said payment in full or conversion of the project
to the approved conversion plan pursuant to CUP22QA or any other conversion plan approved
by the City of Carlsbad, the City of Carlsbad shall return this note to the maker "and
reconvey the lien of the deed of trust securing this note.
2. The entire principal and accrued interest thereon shall be come immediately
due and payable at the option of the City of Carlsbad in the event that upon the sale,
conveyance or othere disposition of the property described in the deed of trust securing
this note, the buyer fails to agree in writing to accept and abide by all the terms and
provisions of this promissory note.
The maker shall have.the right at any time to prepay all or any part of this
note or to elect to convert the property to meet the approved conversion plan pursuant
to CUP 217 or any other conversion plan approved by the City of Carlsbad. Upon prepayment
in full or such conversion of the property, this note shall be cancelled and the lien
of the deed of trust securing this note shall be reconveyed to the maker hereof.
This note is given solely to conform with the provisions of said Section 21.18.01+5
of the Carlsbad Municipal Code and neither the maker nor any partner, officer, agent
or employee of the maker shall have personal liability for payment of this note. The
holder hereof shall look only to its interest in the property secured hereby for payment.
If action be instituted on this note, the undersigned promises to pay such sum
as a court may affix as attorneys' fees. This note is secured by a deed of trust to
Saf§cp_J1tle_Jnsuranc^_Corngan^ as Trustee.
I SAFECO
TITLE INSURANCE
.9-
STATE OF CALIFORNIA
COUNTY OF San Diego
Onthistne-___9±h
ss.
said State, personally appeared Michael D. O'Gara
. day nt April I9o4 , before me, the undersigned, a Notary Public in and for
_
O
.., personally known to me or proved to
me on the basis of satisfactory evidence to be the person who
executed the within instrument as General Partner
of partners of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
WITNESS my hand andofficial seal
Signature
E. Lynne Riemer
FOR NOTARY SEAL OR STAMP
'! NOT'TV PJTLIC - C-" :"C'"niA
s",;: DIEGO COJNTY
My Commission Expires Mar. 29, 1985
I!