HomeMy WebLinkAboutChase, Parnell; 2002-03-04;NUTICE-UF' INTENT TO RECut<D
RELEASE OF OBLIGATION
UNDER DEED OF TRUST
(CIVIL CODE 2941)
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RONAE L. PERRAN WILLIAMS, SUCCESSOR TRUSTEE
2564 NAVARRA DR., APT. 215
CARLSBAD CA 92009
~RlTSTEE (OR SUCCESSOR TRUSTEE)
CHICAGO TITLE CO.
535 NO. BRAND BL VD., 4TH FLOOR
GLENDALE
~ENEFICIARY (OR ASSIGNEE)
CITY OF CARLSBAD
2965 ROOSEVELT ST.,# B
CARLSBAD
CA 91203
CA 92008
RECEIVED
lOOfl APB I@ A IO: i1
CITY OF CARLSBAD · HOUSING AND, R,EO£;tRLOPMENT OEPARTMEAT
You are hereby notified that ten calendar days after mailing this Notice, pursuant to the provisions of
Section 2941 of the Civil Code of the State of California, the undersigned title insurance company
intends to record in the Otnce of the County Recorder in w~ich the deed of trust is recorded, a
RELEASE OF OBLIGATION UNDER DEED OF TRUST
which shall be deemed to be the equivalent of a reconveyance of the deed of trust.
The following deed of trust will be affected by the RELEASE OF OBLIGATION:
TRUSTOR: PARNELL CHASE
TRUSTEE: CHICAGO TITLE COMPANY
BENEFICIARY: THE HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO
RECORDED in the Office of the County Recorder of: SAN DIEGO
RECORDING DATE: 03/08/2002 RECORDER'S DOCUMENT NO.: 2002-196924
BOOK: PAGE:
LOAN NO. (ifavailable): 4381019279
ADDRESS OF PROPERTY (if available): 2564 NAVARRA DR., APT. 215
CARLSBAD CA 92009
THE OBLIGATION SECURED BY TIDS DEED OF TRUST HAS BE:EN PAID IN FULL.
DATE OF PAYMENT: 12/17/2003 AMOUNT OF PAYMENT:$ 19,903.63
Date: 04/16/2004 UNITED TITLE INSURANCE COMPANY
UNITED TITLE COMPANY, AUTHORIZED AGENT
By: JANET THOMAS
Address: 3250 WILSHIRE BLVD., 18TH FLOOR, LOS ANGELES, CA 90010
Phone: (213) 385-3600 Our OrderNo.4 _0'-3--1_06 __ 2_0 __ _
** NOTICE TO TRUSTOR(S) OF RECORD: This is only a notice. You arenot:required to take any action except in the case
where the above referenced Recorder's Document Number and/or Loan has not been paid in full. Should you have any questions,
please call us at the above number.
Mail First Class To Parties Shown Above
00 NOT RECORD 179'7
The following is a copy of Subdivisions A and B of the fictitious Deed of truSI recorded in each county ill California as stated ill the foregoing Deed of Trust and incorporated by
re~crcncc in $aid Deed of Trust as being a part lhc:rrof as if set forth al lcogth therein.
A. To protect the security ofthis Deed of Trust, Trnstor agrees;
(I) To keep said propeny in good condilion and repair; not to remo,·e or demolish any building thereon; to tompfctc or restore promptly and iri good and wo1bnanlikc
minner any building which may be conslnlcted, damaged or destroyed thereon and lo pay when due all claims for labor perfomied and materials fumished therefor; to· comply with
all laws affecting said propeny or requiring any alterations or improvements to be made thereon; not to commit or pennit waste thereof; nor to commit, suffer or pennit any act
upan said property in violation of law: to cultivate. irrigate, .fertilize. fum.igate. prune and do all other acts which from the chararur or use of said property may be reasonably
necessary, the specific enumerations herein not exclud.ing the general.
(2) To provide, maintaill and deliver to Beneficia,y :f'ue insurance satisfactory to and with Joss payable to Beneficiary. The amount collected under any fire or other
insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire
amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive ay default or notice or 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 pawers of Beneficiary or Trustee: and to pay all costs and
expenses, including cost of evidence of title aod anomey's fees in a reasonable swn, in any action or proceeding in whi<h Beneficiary or Truslee 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 0( any pan thereof. which appear to be prior or superior hereto; all CO$tS. fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and withou1 'notice to or demand upon
Trustor and without releasing Tru;tor from any obligation hereof, may, make or do 1he same in such manner and to such extent as either may deem necessary to protect the security
hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security
hereof or the rights or powers: of Beneficiary or Trustee; pay, pw-chasc, 0C>ntcst or compromise any eracumbrance, charge, OT lien which in the judgement of eitb::-r appe.u-s to be
prior or superior hereto; and, in exercising any such powers, pay necessary expenses, en~loy counsel and pay his or her reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Tru!lee. wilh interest from dale of expenditure at the amount allowed by law in
effect at the dale hereof, and to pay for any slatemcnt provided for 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 $aid statement is demanded.
B. It is muruauy agreed:
(I) That any award of damages in connection with any condenma1ion for public use of or injury to said property or any part thereof i, hereby a .. ig,,ed and shll k paid to
Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same effect as above provided for regarding disposition of proceeds of
rue or other insutance.
(2) That by acceptuig payment of any sum secured hereby after i1s due date, Beneficiary does no1 waive his or her right either to require prompt payment when due of all
other sums so secured orto declare default for ftilurc so to pay. ·
(3) That at any time or from time to time, without liability therefor and without notice, upon wrinen requ.,.t of Beneficiary and presentation of this Deed and said note for
endorsement, and without affectin~ the per.;onal liability of any person for payment of the indebledness secured hereby. Trustee may: reconvey any part of said propeey, consent
to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreem,nt subordinating !he lien or charge hereof.
( 4) That upon writteo request of Beneficiary stating that all sums secwed hereby have been paid, and upon surrender of this Deed and sa.id note to Trustee for cancellation
and retention or other disposiiion as Trustee in its sole dis<retion may choose and upon payment of its fees, Trustee shall reoonvey, without warranty, the property then held
hereunder. The recitals in such recon\'Cyance of any matte.rs or facts shall be conclusive proof of the truthfu1ne$S thereof. The Grantee in ,uch rcoonveyance m.ay be describe.d as
"the person or persons legally entitled thereto.•
(5) That as additional security, Trustor hereby gives to and confers upon Beneficia,y the right, power and authority, dwing the continuance of these Trusts, to collect the
rents, issu.,. and profits of said propeny, reserving unto Truslor the right, prior to aoy defauk by TruSlor in payment of any indebtedness secured hereby or in perfonnanee of any
agreement hereunder. to collect and retain such rents~ issues and profits as, they beoome due and payable. Upon any such default, Beneficiary may at any tin,c without notice,
either in person, by agen~ 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 propeny 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, includfag reasonable attomey's 'fees, upon any indebtedness 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 applicalioa thereofas aforesaid, shall not cure or waive
any default or raotice of default hereunder or invalid:ate any act done pursuant to such notice.
(6) Tbat upon default by TruSlor io payment of any indebtedness secured hereby or in perfonnanee of any agreement hereunder, Beneficiary may declare all sums secured
hereby immediately 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 c:,,use to be sold
said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Tru!lee 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 defaul~ and notice 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 U1 said notice of s.ale, either as a whole or in separate parcels, and in such order as
it may detennine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may poslJ)One sale of all or any portion of
said property by public an.nounccmcnt at s11eh lurae and place of sale, and from time 10 time thereafter may poslpone such sale by public announ~ment at the time fixed by the
precedillg postponement. Trustee shall deliver to such purchaser its deed conveying the prQPerty so sold, but without any covenant or warranty, express or implied. The recitals in
such deed of any matters or facts shall be conclusive 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 Trus~ including coot of evidence of title in connection with sale, Trustee shall apply the proceeds of sate
to payment of: all sums expended under the temJ.S hereof, not then repaid, wilh accrued in1eres1 at the amouot allowed by law in effect at the date hereof: all other sums then
secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
(7) Beneficiary, or any successor ill ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors
to any Trust:c named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or
counties where said propeny is situated. shall be conclusive proof of proper substitution of such successor Trustee or Trustces. 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 Tustor, Trustee and Beneficiary hereunder, the book
and page where thi.s Deed is recorded and lhe name and add.ress of the oew Trustee.
(8) That his Deed applies to, inures to the benefit of. and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The
term Beneficiary sh~IJ mean the OY.-ner and holder, includtng pledgccs, of the no1e secured hereby, whether or not named as: Beneficiary he-rein. In tbis Deed, whenever the context
so requires, the masculine gender includes the feminine and/or the neuter, and the singular number includes the plural.
3
DO NOT RECORD 1'798
(9) The Trustee accepts this Trust when this Deed, duly executed and acknowl~dged, 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 Trustor,
. Beneficiary or Trustee shall be a party unless brought by Trustee.
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 indebtedness secured 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 tenllS 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, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same.
Dated
Please mail Deed of Trust, Note and Reconveyancc !,,,__ ____________________________________ _
Do not lose or clestroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee
for cancellation before reconveyance will be made
DEED OF TRUST
Chicago Title Company
4
HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO
NOTICE TO BORROWER
THIS DOCUMENT CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS
AND HAS A BALLOON PAYMENT
$19,903.63 Date: MARCH 4, 2002
FOR VALUE RECEIVED, the undersigned (individually or coll ectively
"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 NINETEEN THOUSAND-NINE HUNDRED-THREE AND
63/100's---Dollars($19,903 .63), without interest on the unpaid princ:ipal
balance from the date of this Promissory Note ("Note") until paid, at the
rate of zero percent (0%) per annum. Principal and interest 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: UNIT 215, LOT 1 OF CARLSBAD TRACT 73-32 EL
CALEDON, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STA"rE OF
CALIF@RNIA, ACCORDING TO MAP THEREOF NO. 7993, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 31, 1974
ASSESSORS PARCEL NO. :216-200-23-32
Mobile Home Description:
2. Principal Place of Residence. BORROWER WARRANTS TEAT BORROWER WILL
OCCUPY THE PROPERTY AS BORROWER'S PRINCIP~..L RESI DENCE 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 t herefore 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