HomeMy WebLinkAboutNorman, Bryan Norman. Richard and Sheila; 1997-08-11;00 NOT RECORD
The loll~wing is a copy of Subdivisions A and B or the fictitious Deed of Trust recorded in each county in California as stat~d in the foregoing Deell
of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if sot forth at length therein.
A. To protect the security of this Deed of Trust. Trustor agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building thereon: to complete or restore promptly and in
good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor per-
formed and materials furnished therefor: to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon;
not to commit or permit waste thereof; not to comrnt, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize. fumigate,
prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not ex-
cluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. Tho amount collected under
any fire or ot!'ler insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and In such order as Beneficiary may deter-
mine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Truster. Such application or release shall not
cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. _
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;
and to pay ail costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any action or proceeding In which
Beneficiary or Trustee may appear, and in any suit brought by. Beneficiary to foreclose this Deed.
(4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water
stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof. which appear to be prior or superior hereto;
all costs, fees and expenses of this Trust.
Should Trustor fall to make any payment or to do any act as herein provided, then Beneficiary or Trustee. but without obligation so to do and without
notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may, make or do the same In such manner and to such
extent as either may deem necessary to protect the security hereol, Beneficiary or Trustee being authorized to enter upon said property for such pur-
poses; appear in and defend any action or proceeding purporting to affect the security hereof or·the rights or powers of Beneficiary or Trustee; pay,
purchase. contest or compromise any encumbrance, charge, or lien which in the judgement of either appears to be prior or superior hereto; and, m
exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount
allowed by law in effect at the date hereof, and to pay lor any statement provided lor by law in effect at the date hereof regarding the obligation secured
hereby, any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded.
B. It is mutually agreed:
1 (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assign-
'ed and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same eftect as
above provided for regarding disposition of proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date. Beneficiary does not waive his or her right either to require prompt
payment when due of all other sums so secured or to declare default for failure so to pay.
(3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this
Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee
may: reoonvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any exten-
sion agreement or any agreement subordinating the lien or charge hereof.
(4) Thal upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note
to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upan payment of its fees. Trustee shall
reconvey. without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of
the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto."
(5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right. power and authority, during the continuance of
these Trusls, to collect the rents, Issues and profits of said property, reserving unto Trusler the right, prior to any default by Truster in payment of
any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, Issues and profits as they become
due and payable. Upon any such default, Beneficiary may at any time without notice, either in person. by agent, or by a receiver to be appointed by
a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property
or any part thereof. in his or her own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply
the same, less costs and expenses of operation and collection, including reasonable attorney's fees. upon any indebetedness secured hereby, and
in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits
and the application thereof as aforesaid. shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(6) That upon default by Trustor in payment of any indebtedness se<;ured hereby or in performance of any agreement hereunder, Beneficiary may
declare all sµms secured hereby immediatly due and payable by delivery to Trustee of written declaration of default and demand for sale and of written
notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed tor record. Beneficiary also shall deposit
with Trustee this Deed, said note and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notioe of sale having been
given as then required by law. Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale,
either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder tor cash in lawful money of
the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and
place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement.
Trustee shall deliver to such purchaser its deed conveying the property so sold. but without any covenant or warranty, express or implied. The recitals
in ~uch deed of any matters or facts shall be conclustve proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as
hereinafter defined, may purchase at such sale. ·
After deducting all costs, fees and expenses of Trustee and of this Trust. including cost of evidence of title in connection with sale, Trustee shall
apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed
by law in effect at the date hereof; all other sums then secured hereby; and the remainder, ii any, to the person or persons legally entitled thereto.
(7) Beneficiary. or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute
a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiar1 and duly acknowledged
and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution
of such successor Trustee or Trustees. who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers
and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder. the book and page where this Deed
is recorded and the name and address of the new Trus1ee.
(B) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, suc-
cessors, and assigns. The term Beneficiary shall mean the owner and holder. including pledgees, of the note secured hereby, whether or not named
as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and the singular
number includes the plural.
T 3GS Legat (2·94)
O/f Wllh Assagnmont Cf A01'11S Page 3
(9) The Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not
obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trus1or, Beneficiary or Trustee
shall be a party unless brought by Truslee. ·
DO NOT RECORD REQUEST FOR FULL RECONVEYANCE
TO CHICAGO TITLE COMPANY
The undersigned is the legal owner and holder of the note or notes, and of all other indP,t-tedness s.ecured by the foregoing Deed of Trust. Said
note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested
and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned. and
all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith. together with the said Deed of Trust, and to reconvey,
w,hoot wa,,aoty, to the parue, do,tgoated by the te,m, ot ,aid Deed~"•"""'"~"'"•~
Dated February 13, 2003 ~ ~~~--......
~ETT
Please mall Deed of Trust, Note and Reconveyance to ___________________________________________ _
Do nor lose or desrroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to Che Trustee for cancellation before reconveyance
will be made
I-;>,
C: "' ~
::) p..
a: e
I-@ 0 u
LL a, -0 ....
~
0 0 00 w ~ (,,I w ·-C .c u
T 365 Legal (2-94)
D'T WIit\ A.\s-gnment o1 A~nts
Page 4
HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO
NOTICE TO BORROWER
THIS DOCUMENT CO~AINS PROVISIONS RESTRICTING ASSUMPTIONS
AND HAS A BALLOON PAYMENT
PROMISSORY NOTE CITY OF CARLSBAD
$18,786.19 Date: AUGUST 11,1997
FOR VALUE RECEIVED, the undersigned (individually or collectively
"Borrower") promises to pay the Housing Authority of the County of
San Diego on behalf of THE CITY OF CARLSBAD (referred to as the
"Lender"), or Holder, the principal sum of EIGHTEEN THOUSAND-SEVEN
HUNDRED-EIGHTY SIX AND 19/1001 S---Dollars,($18,786.19 ), without
interest on the unpaid principal balance from the date of this
Promissory Note '("Note") until paid, at the rate of zero percent
(0%) per annum. Principal shall be payable at the principal office
of the holder hereof, 3989 Ruffin Road, San Diego, California 92123
or such other place as such holder may designate. One payment of
principal and accrued interest shall be due in a single payment
upon any occurrence outlined in paragraph #3.
1. Borrower's Obligation. This· Note evidences funds loaned to
Borrower to rehabilitate that certain property owned and occupied
by the Borrower and described as follows:
Legal Description:LOT 11 OF MAGNOLIA VILLAGE, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 5313, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 20,1963.
Mobilehome Description:
2. Principal Place of Residence. BORROWER WARRANTS THAT BORROWER
WILL OCCUPY THE PROPERTY AS BORROWER'S PRINCIPAL RESIDENCE AND THAT
FAILURE TO DO SO SHALL CAUSE ALL PRINCIPAL AND INTEREST ON THIS
NOTE TO BECOME IMMEDIATELY DUE AND PAYABLE.
3. Due on Sales Clause. THE UNPAID BALANCE IS DUE AND PAYABLE
UPON DEATH OF THE BORROWER, CHANGE OF RESIDENCY OF BORROWER, OR
SALE, CONVEYANCE, ALIENATION OR TRANSFER OF ·THE PROPERTY DESCRIBED
ABOVE AND FURTHER DESCRIBED IN THE DEED OF TRUST, OWNERSHIP
CERTIFICATE (PINK SLIP) OR CERTIFICATE OF TITLE SECURING THIS NOTE,
TO OTHER THAN THE PRESENT OWNER OF RECORD OR SURVIVING SPOUSE.
4. Late Charge. The Borrower agrees that it would be
impracticable or extremely difficult to fix the actual damage to
the holder hereof in the event the Borrower shall be late in the
making of any payment due hereunder, and that therefore in the
event the Borrower shall fail to make any such payment within
fifteen (15) days after the due date thereof, the holder hereof, at
its option and addition to any other remedy hereunder, may impose
under the Borrower, and the Borrower shall pay, a "late charge" of
five percent (5%) of the amount of such delinquent payment.
5. Acceleration. In the event of default .under this Note, the
entire principal amount outstanding and accrued interest thereon
will at once become due and payable at the option. of the Note
holder. The date specified will be not less than thirty (30) days
from the date notice is mailed. The Note holder may exercise this
option to accelerate this Note during any default by Borrower
regardless of any prior forbearance. If suit is brought to collect
this Note, the Note holder ·shall be entitled to collect all
reasonable costs and expenses of suit, including, but not limited
to attorney's fees .
6. Application of Payments.· Borrower may prepay, without
penalty, the principal amount of this Note outstanding in whole or
in part at any time. Any partial prepayment will be applied first
against accumulated interest and then against the principal amount
outstanding. No prepayment will · postpone the due date of any
subsequent scheduled installment or change the amount of such
payment, unless the Note holder otherwise agrees in writing.
7. Borrower's Waiver. Presentment, notice of dishonor, and
protest are hereby waived by all makers, sureties, guarantors and
endorsers hereof. 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.
8. Notices. Any notice to Borrower provided for in this Note
will be given by mailing such notice by certified mail addressed to
Borrower at the property address stated below, or at such other
address as Borrower may designate by notice to Note holder. Any
notice to the Note holder will be given by mailing such notice by
certified mail, return receipt requested, to the Note holder at the
address stated in the first paragraph of this Note, or at such
other address as may· have been designate~ice to Borrower.
£~HAIID S. NORMAN
a~f ~
SHEILA E. NORMAN
893 CAMELLIA PLACE
CARLSBAD. CA. 92008
Address