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HomeMy WebLinkAboutDoose, Carol; 1991-07-22;ANO WHEN RECORDED MAIL TO Cal-West Mortgage Co. P.O. Box925 Encinitas, CA 92024 ,' .... , . . (<e, (!__O iZ bE.~ 7 -;q -~9 INST =#-g9 -3??-!50 I .....,. . . .. . · • · · :•. ·. :· ·. \.:· 8P~CE ABOVE THIS.U~E FOR RECORDER'S USE . •' :-•: ·tm:e ORDER ,NO, .:·. ·, TRUSTEE SAL~ NO.: . . ;.LQAN NO. REFERENCE: ---1 os oJJ-5' . F-1197 . ~ · .. ·,--,'v,: .. 15...:.8901:.:.,0028 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, lld Pl .. ,"""' 11111 rt1H ti •rt•• ... , ICClllt II, .. ab1dl11 .y ,1yf11 111 ,1 roar p11t due payiieata .Pia& ,,r111tttd. cuts •• uja1111 wlll1 a, um, paralttld ,, '-• f• n11atat1■11t et year lcctllt. w.ic, 11 ltnllllJ fltt .,,11111 •• ,. prl~ ..... ~ ... ut '", •• all If par pra,ar.t,.N• ala dtl• ~ •• llt 11t11 t•~· 11111,1. fnm ••• date t.ia notice of defaalt -~•J •• narfed l••tc• date of 11cerdat1t1· .,,.,.. ti 11111 11flci). · nla amo,., la $842.10 .,.._· .~t '· .· n tf 01 i io1a9 · . 11• 1111 lacre11e v1UI weir 1cauat ,ec111111 c1m1t Y,i .. •lf Id •m ta_ pay tu 11tlr1 11,11, ,atln If "" 1CC111t ma ~ .. ,, fill pavmeat ·WIS dl■Hded. tilt ytl 111iat Jay tlle ~-.... -~ Howenr, you 111d par .b111flcl1ry. er 10tr11111t·.., ■lhl1lly Hl11JI wntlq-:,rter .ti It ti• tu.Jatfa,tf ale. la'. paattd · . . (wblc~ IIIIY 101 ~•arfltr till tlll tld ti tN .. ,....... •• Hffll to. IIUlflfHr:llap. (lt·,rn1N1d•t11•11J:tl11t ,. wtltc, to ca11 tbe default~, lra11l1r ef 1,, frtperty tr entrwtu: (211111~111• 1 ,c.,d1l1 ,,-,.,..1ta l11nerlu1n ynr d1f11lt: or both f 1 J and •(2). · Followin1 the expiration of the time periad refemd to In tbe first paragraph of tbls Htlce, 11111& tbe obllgatlon being foreclosed upon or a separate written 1gnemeat betweea you and your creditor permits a-loager ,,rtod, yoa bave oaly tbe legal right .to ,top tbe aale af your ~perty ., pl JIii tM lltirt 1m~11t demanded bJ ·you~ ·ffldHer. To flad out tbe amaaat yau 111u1t pay, or to 1ma11 fer PIY••t II atop tu foreclosure. er H "'' Jreperty la II fnclt11r1 for any other 11aso11. comet: VIRGINIA GRETTENBERG (619)753-6366 ~CAL-WEST.MORTGAGE CO. 32 0 N .. ·HWY . 101/P .0 . BOX 925 ENCINITAS,CA 92024 If you hue any question&. you 1hould contact a lawyer or t~, gowernment agencv wbtc, may ~ave Insured your loan. Nptwithstanding the fact that your property la In foreclosure, you may offer your property for sale, proviijed the sale Is concluded prior to the cancluslon of the foreclosure. Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION. Co11th1ued • F-N0D2 . Pa nA 0,,_.111 nf T...,, l?I p...., •• . . . • • . ,. ·•< f • ,. 111 I ! ORDER NO TRUSlF.E SALE NO F-1197 LOAN NO REFERENCE" 15-8907-0028 Page Two 12) of Two lfl __ Page_s ~NOTICE OFDEFAULT .ANO ELECTION ·TO :·SELL UNDER DEfiJ::Of'TRUST' ~~-, .. -· · 1MPORTANT NOTICE ... NOTiCE IS HEREBY GIVEN: That CAL-WEST MORTGAGE CO. is now duly appointed Trustee under a Deed of Trust dated 10/29/86 executed by: CAROL JANE DOOSE, AN UNMARRIED WOMAN as Trustor. to secure obligatloas in favor of: :ROBERT H. GRETTENBERG & VIRGINIA I. GRETTENBERG, HUSBAND AND WIFE AS .·JOINT TENANTS . as Beneficiary Recorded on 11/14/86 as document no. 86-522659 book 1986 page 522659 of Official Records in tbe office at the Reccrder of SAN DIEGO Cauatv. California. describing the land nerein: As more fully described on said Deed of Trust. including 1 note(s) for the sum of s 3 o, o o o. o o that the beneficial interest under said Deed of Tru-st and the obligations secured thereby are presently held by the beneficiary. That I breach of. and default in. the obligation for which said Deed of Trust is security has occured in that the payment has not been made of: FAILURE TO MAKE THE 06/14/89 PAYMENT OF PRINCIPAL AND/OR INTER~ST AND ALL SUBSEQUENT PAYMENTS , TOGETHER WITH LATE CijARGES, IMPOUNDS, ADVANCES, TAXES, DELINQUENT PAYMENTS ON SENIOR LIENS, OR ASSESSMENTS IF ANY• TOGETHER" WITH ATTORNEY IS FEE·s, IF ANY. . That by reason thereof. the undersigned, the preaent be1efici1ry ander 11ch 011d of T ruat •11 a1cated lftd d1llni'ed to uld T rvatee. a written Declaration ll!d Dem1nd-,or Sale, and has deposited with 11id Truatee.1 written Declaration of Default and Demand-for Sale. end has deposited with ·uid dulyappolnted Trustee, sud Deed of Trust and 111 the documents 11ldenclng the abllgatlons secured thereby. and has declued and does hereby declare all sum, secured thereby immediately due and payable and hn elected and does hereby-elect to caue the tr~,t property to be aold to nti,fythe o~ligations secured thereby. DATE: 07 / 10/ 89 Virgi X X X X X X --·-···-·---------~----- -------·-·-··-------------X , · :=<(~i!! .. ;.~· :\ _-1 r.::•~~~ .. · J, Pa lwo{2)-of Two (2-l Pa es NOTICE Of. QEFAUlT ANO ELECTION TO SELL . :...: .. ·.' .... ~ ,.. it Recording Req••.•'.~~. By, '", . D Order No. ' ·' ...,, ' ·"' ·· · . I. • ',J' ':Ii ,"' •-e. orr tt: 1991-0374025 3( ·uL-1991 08:00 AM -. ,,_, .. Escrow No. SAH DIEGO COUHTY RECORDER'S OFFICE AHHETTE EVAHS, COUHTY RECORDER When Recorded Mail To RF: 4.00 FEES: AF: 2.00 7.-00 THE CITY OF CARLSBAD MF: 1. 00 2965 ROOSEVELT ST., SUITE B ?g. CARLSBAD, CA 92008 1 '"'~f ________ "]........_/(_l/7-_-_o ___ . _________ Recorders Use Only _______ _ .. SUBORDJNATTON AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF' SOME OTHER OR LATER SECURITY INS'f:~UM~NT. THIS AGREEMENT, made . this 22nd day of July , 19 91 ------------b y __ ~C~A~R~0 L.:....;J~AN=E~-~D O~0~S~E;;.._ ___________________________ _ . . owner of the land hereinafter described and hereinafter referred to as "Owner", and --------___ ...;.T:;.:H.;:E:....;aC..,I_T-=--YO __ F___;C;.;;;AR=L=S=BA=D---______________________ . present owner and holder of the Deed of Trust and Note first hereafter described and hereinafter ref erred to as "Beneficiary"; WITNESS ETH THATWHEREAS, ___ ...;.C.;.;;A...;.R0;;.;;L.........;;.J_AN;.;.;E;;;....;;;D;.;;O=d~SE _______________________ _ did execute :i Deed of Trust, dated DECEMBER 31, 1987 , to CONTI.NENTAL . . AUXILIARY COMPANY. A CALIFORNIA CORPORATION • as Trustee, covering that certain real property described as follows; Lot 4 of HOLLY BRAE ESTATES, in the City of Carlsbad, County of ·San Diego, State of California, according .to Map thereof No. 5524, filed in the Office of the County Recorder of San Diego Countyr February 2, 1965. to secure a Note in the sum of$ 23, 5$0 •. 00 , dated DECEMBER 31, 1987 ,---------------in favor of BANK OF· AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION which Deed of Trust was re·corded . J ANUARY 7, 1988 , as instrument no. 88-005756 , in book _8_8 __ , page 005756 , Official Records of said county; and WHEREAS, Owner has executed, or is abou't to execute, a Deed of Trust and Note in the sum of$ • 150,000.00 ,dated 7/22/91 ,inf:ivorof BEVERLY HII,I,S SEGUBIITES hereinafter ::-eferred to as "Lender", payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land herein before described, prior and superior to the lien or ch:irge of the · Deed of Trust first :ibove mentioned; and WHEREAS, Lender is willing to make s:iid Joan provided the Deed of Trust securing the same is a lien or charge upon the above described property prior and superior to the Jie·n or ch:irge of the Deed of Trust first above m~ntioned and provided t-hat Beneficiary-will specifically and unconditionally subordinate the lien or charge of . the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the Deed of Trust securing the same sh:ill, when recorded. constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned • . NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto :ind other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged. and ·in order to induce Lender to make the loan above referenced, it is hereby declared, understood and agreed as follows: --------·· -.. -(1)" The said Deed or Trust securing said Note in rav-·· i>f Lender, and any renewals or extensions thereof. sh unconditionally be :ind remilin ac times a lien or ~harge on the property therein descru,-.J , prior :ind superior to the lien or chilrge of the Deed·_ of Trust first above mentioned. (2) Thill Lender would no·t make its lo:in above described without this Subordination Agreement. (3) Th:it this Agreement sh:ill be the whole and only agreement with reg:ird to the subordimtion of the lien or ch:irge of the Deed or Trust £int above mentioned to the lien or ch:irge of the Deed of Trust in f:ivor or Lender above referenced and shall supersede :ind c:incel, but only insofar :is would effect the priority between the Deeds of Trust hcreinbef ore specific:illy describe.d. :iny prior :igreement u to such subordination including, but not limited, those provisions, if any, cont:iined in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds or to another Mortg:ige or Mortgages. Benefici:iry decl:ires, agrees and acknowledges th:it: . -.. ' . (a) He consents to and approves (i) :ill provmons or the Note and Deed of Trust in favor of Lender abovo referenced. and (ii) :ill ngrccmcnts, including but not limited to :my lo:an or e_scrow :igrecmcnts between Owner and Lender ror tho disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursu:int to any such agreement is under no obligation or duty to, nor has Lender represented th:it it will, see to the application or sucn proceeds by use of the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not def eat the subordination herein made in whole or in p:irc; (c) He intentionally and ·unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Lender above referenced .ind understands that in reliance upon, and fo consideration of. this waiver, relinquishment and subordination specific loans and advances are being and will be m:ide and, as part and parcel the,eot'. specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and {d) An endorsement has been placed upon the Note secured by the Deed of Trust ficst above mentioned that said Deed of Trust h:is -bye-this instrument been subordinated to the lien or charge of the De~d of Trust in favor of the above referenced Lender. NOTICE: This Subordination Agreement contains :i provision which 3llows the person obligated on Jour real property security to obt:iio a Joan. A portion oC which may be expended for other urpo5es tball improvement of the land. Dated: J uly 22 . 1991 STATE OF CALIFORNIA COUNTY OF S -11lJ i)iet:µ } ss. On __ J_u_l _y_2_6 ________ , t 9.2}___, before me, the undersigned. a Notary Public in and for said County and St;ate. personally appeared Cla ude A. Le wis a n d Karen R. Kundtz known to me to be the Mayor ~fl\cand Ass istant city Clerk k~~rt6Y1f14XXXxxxxxxxx~xxy~ the corpor,tion that executed the within innrument, and known to me· to be the persons who e,cecuted the whhin instrument on behalf of the corooration therein named, and acknowltdqtd-to me that sucn rpor.1t1on executed the w.thin instrument punuani to i y•L.iws or a Resolution of iu Boar. of Directors. WITNE y hand and of . OfflC!AL SEAL RANDEE HARLIB Notary Publlc-Cdlfornio SAN DIEGO COUNTY My Commi''S!0n E~lres February 20. 1995 AU E A. W S, Mayor ~~sc~,t city CTerk STATE OF CALIFORNIA } ss. COUNTY OF San Diego on __ --!..7 .. l::.:22::.it~-------. 19 ....2.L... before me, the undersigned, a Notary Public in and for said County and State. personally appeared CAROL JANE DOOSE;-_______ _ known to me to be the person_ whose nilme is subscribed to the within instrument and acknowledged that she executed the same. WITNESSm AGREEMENT TO ACQUIRE SEWER IMPROVEMENTS AND MODIFY EXISTING NOTE This Agreement is made as of the i t\iay of fl c, e t'I\ 6t « • 191.L by and between CAROL J. DOOSE ("DOOSE") and the CI1Y OF CARLSBAD, California, a municipal corporation ("CITY''). RECIIA1.S: A. DOOSE experienced a failure of the sewer septic system serving her residence located at 3940 Holly Brae Lane. Failure of the septic system caused a health emergency and the San Diego County Health Department was considering action to prevent further occupancy of the residence. DOOSE, a low income single parent, was unable to finance the cost of connecting her residence to the public sewer system. To eliminate the health emergency and prevent the eviction of the DOOSE family, CITY loaned DOOSE $23,550.00 of Community Development Block Grant funds, at three (3) per cent interest, H:\UBRARY\UM\WPDATA\AGG\AGG91007.AD1 2 to finance construction of the required sewer improvements. B. DOOSE is now the owner of underground sanitary sewer improvements constructed in easements as shown in Exhibit A, attached hereto, and consisting of approximately 350 feet of six (6) inch sewer line and four( 4) sewer access holes. C. CI1Y desires to acquire the sewer improvements constructed by DOOSE for the purpose of completing the installation of underground sanitary sewers to serve DOOSE and other property owners on Alder Court and Holly Brae Lane. D. The parties, in recognition of the foregoing, desire to enter into an agreement whereby DOOSE shall agree to sell and CI1Y shall agree to buy the sewer improvements on the terms and conditions set forth herein. NOW, THEREFORE, DOOSE and CI1Y hereby agree as follows: 1. Agreement to Acquire Sewer Improvements. CI1Y agrees to acquire sewer improvements constructed by DOOSE as described in Exhibit "A", attached _hereto, for the amount of twenty five thousand seven hundred and thirty four dollars ($25,734). 2. Payment of Sewer Connection Fee. DOOSE agrees to pay a sewer connection fee not to exceed fifteen thousand dollars ($15,000) or a lesser amount as finally determined by the City Council for the Holly Brae Lane Sewer Improvement District. 3. Modification of Existing Note. In lieu of cash payment for the sewer improvements described in Exhibit "A", CI1Y and H:\UBRARY\UM\WPDATA\AGG\ACG91007.AD1 3 DOOSE agree to execute a Modification Agreement, attached hereto as Exhibit "B", which will modify the principal amount of that certain note for $23,550.00, dated June 15, 1988, executed by DOOSE and attached hereto as Exhibit "C". The modification of the note shall establish a new principal amount equal to the sewer connection fee established for the Holly Brae Lane Sewer Improvement District by the Carlsbad City Council. The City further agrees to permit DOOSE to consolidate/refinance and to subordinate to a new first trust deed not to exceed $150,000. The City of Carlsbad will be placed and remain in second trust deed position and conditions of that certain note shall remain the same. 4. Release and Waiver of Claims. Doose expressly waives and releases any claim or cause of action, that Doose may have, of whatever type or nature, related to the acquisition of the sewer improvements, or right of appeal against the City, it's employees, officers or agents, related to the City's acquisition of the sewer improvements, or any other claim arising out of the acquisition of the sewer improvements. Doose agrees that the payment provided for in this agreement represents complete, final and total compensation for all claims, reimbursements, dislocation or relocation expenses or otherwise arising out of the acquisition of the sewer improvements described in Exhibit "A". 5. Entire Agreement. This Agreement and the items incorporated herein contain all of the agreements of the parties hereto with respect to the matters contained herein and no prior agreement or understanding pertaining to any such matter shall be effective for any purposes. H:\IJBRARY\UM\WPDATA\AGG\AGG91007.ADl 4 6. Interpretation of Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organization are for convenience and shall not be used in construing meaning. The language of this Agreement shall not be construed for or against either party. IN WITNESS WHEREOF, Doose and City have executed this Agreement as of the date first above written. THE CITY OF CARLSBAD, Mayor AlTESf: ~/~~ ALETHA L. RAUTENKRANZ, ~OLJ.DOOSE ~-sW ~ City Clerk r:r:AS:~"L .~ VINCENT F. BIONDO, JR. City Attorney :,/t/Cf I. H:\UBRAR.Y\UM\WPDATA\AGG\AGG91007.AD1 5 (Individual) ST1'.TE OF CALIFORNIA l ss. co .· ·-() On -t.:.L,l;/Jt...!:::l.4---L.>L...,'-l-~'-F--{; /{JO$~ • Notary Public in and for said State, pe Form3213(CA 12·82) --------- loT .., ~vaW5kf Y'i)i-,--,...,.a,"'7""7-,,-.,.. !A,. VJ/ffi IZI poR71otJ 0~ c-X1sr1Ale 5Ell(/E;e. /,VS rr1t..Lc l) t3 Y 0(¥JS~ 34S..71' £XH!B/T 11r1 ,, When recorded mail to: CfIY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 ATIN: CfIY CLERK Exhibit '.'B" (Space above for Recorder's use) MODIFICATION AGREEMENT Loan No. N/A ------------City of Carlsbad, County of San Diego, California February 19 , 1992 The undersigned requests that balance of the principal owing on that certain note for $23,550.00 dated JUNE 15, 1988, executed by CAROL JANE DOOSE, upon which there remains unpaid a principal balance of $23,550.00, upon which interest has accrued at 3.0 percent per annum, said note being secured by a Trust Deed dated December 31, 198 7 recorded in the office of the County Recorder of San Diego County, California, in file #88- 005756 recorded JANUARY 7, 1988 of Official Records, be modified so that said sum shall be payable as follows: The interest on this Note has accrued on an unpaid principal balance of $23,550, from June 15, 1988 to the date of this agreement. The interest that has accrued to the date of this agreement was paid when the City of Carlsbad acquired sewer improvements owned by CAROL JANE DOOSE, pursuant to the "AGREEMENT TO ACQUIRE SEWER IMPROVEMENTS AND MODIFY EXISTING NOTE" dated 11/ 6 /9L From the date of this agreement, interest shall accrue on a new principal balance of$ 15, ooo. oo at three percent per annum (3.0%) during the remaining term of this Note. This Note matures on June 15, 2003, or when title to the property changes, as defined in the original promissory note, on which date the entire amount of unpaid principal balance and accrued interest shall be all due and payable. and in consideration of such modification, the undersigned, and those consenting thereto, do hereby, without notice, waive presentment of said note to the maker, demand of payment, protest and notice of non-payment; ·expressly consent to delay or indulgence in enforcing payment or performance, to express extensions of the time of payment or performance of the same, to partial releases of the property covered by said Trust Deed, to the release, surrender of substitutions of any collateral held or to be held as security for said note, and to the acceptance of any type of further security for the payment of the same, all without affecting the liability of the undersigned. The pleading of any statute of limitations as a defense to any action or proceeding brought for the enforcement of any of the provisions hereof or of said note of said Trust Deed or other security is hereby waived to the full extent permissible by law. All of the terms, covenants and conditions of said note and of said Trust Deed and other security, or either of them, including the assignment of rents, if any is contained therein, are hereby confirmed, as extended, without change, waiver or impairment, and this agreement shall not create a novation. The terms, covenants and conditions of this agreement shall be cumulative to, and may be enforced by you independently or concurrently with any rights, remedies or powers of said note and of said Trust Deed or other security. Any and all securities for the obligations secured by said Trust Deed may be enforced by you, at your option, concurrently or independently. The premises covered by said Trust Deed are subject to no other lien or encumbrance nor has any person other than the undersigned any interest therein with the following exceptions: 1. PROPERTY TAXES, including any assessments collected with taxes levied for the fiscal year 1989-1990 which are a lien. First installment: Open and delinquent Second installment: Due and payable 2. PROPERTY TAXES, including any assessments collected with taxes levied for the fiscal year 1990-1991 which are a lien. First installment: Open and delinquent Second installment: Open 3. A DEED OF TRUST to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $55,000.00 Dated: November 3, 1977 Trustor: Robert James Doose and Carol Jane Doose, husband and wife Trustee: California General Mortgage Service, Inc., a Corporation Beneficiary: San Diego Federal Savings and Loan Association, a Corporation Recorded: November 15, 1977 as File/Page No. 77-4 71175 of official records. 4. A DEED OF TRUST to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $22,000.00 Dated: March 9, 1979 Trustor: Robert James Doose and Carol Jane Doose, husband and wife, Trustee: Beneficiary: Recorded: as joint tenants United California Bank, a California Corporation United California Bank, a California Corporation March 23, 1979 as File/Page No. 79-120126 of official records 5. A DEED OF TRUST to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $23,550.00 Dated: December 31, 1987 Truster: Carol Jane Doose, an unmarried person Trustee: Continental Auxiliary Company, a California Corporation Beneficiary: Bank of America National Trust and Savings Association, a National Banking Association Recorded: January 7, 1988 as File/Page No. 88-005756 of official records An assignment of the beneficial interest under said Deed of Trust which names As Assignee: The City of Carlsbad, a Municipal Corporation of the State of California Recorded: January 7, 1988 as File/Page N:o. 88-005757 of official records Said instrument was made subordinate to the lien of the document or interest shown: As item no. 7 below. 3 6. AN ABSTRACT OF JUDGMENT for the amount shown below and any other amounts due. Debtor: Creditor: Date Entered: County: Court: Case No.: Amount: Recorded: Carol Doose Services of So. California, a California Avco Financial Corporation October 11, 1988 San Diego Municipal 05667 $354.51 December 9, 1988 as File/Page No. 88-634018 of official records Attorney for Judgment Creditor: Avco Financial Services of So. California a Corporation 2020 Quail Street Newport Beach, CA 92660 7. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount: $65,000.00 Dated: August 25, 1989 Trustor: Carol Jane Doose, an unmarried woman Trustee: Cal-West Mortgage Company, a California corporation Beneficiary: Deloss L. Mc Graw, trustee of the Mc Graw family trust dated June 3, 1975 Recorded: September 5, 1989 as file/page no. 89-478173 of official records Any married person who signs this Agreement as an individual maker hereby expressly agrees that recourse may be had against his or her separate property for all of the obligations herein mentioned. This agreement shall not be effective until accepted in writing hereon by you, but shall thereupon be effective without any notice to the undersigned. 4 ACCEPTED: THE CITY OF CARLSBAD By;U~ ATfESf: CAROL J. DOOSE <UYk. ). '2~tt:~ ALETHA L. RAUTENKRANZ, Q2~~-~ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Mey By;(~Q rk,~ 3/4/11. LEGAL DESCRIPTION: Lot 4 of HOLLY BRAE ESTATES, in the City of Carlsbad, County of San Diego, State of California, according to the MAP thereof NO. 5524, filed in the Office of the Recorder of San Diego County, February 2, 1965. PROPERTY ALSO KNOWN AS: 3940 HOLLY BRAE LANE, CARLSBAD, CA 92008 APN: 207-180-04 5 (Individual) ST~TE OF CALIFORNIA COUJ'lTY OF ,f ~ jJ I #1--0 Or, M1J./LC/II 11:}...f!L tpJ r before me,.~/,l:/.~...L~~~~IIJ:;!Uf.(J a Notary Public in and for said State, personally appeared C -/LI /.. - --------------------------------:---, (knowntomel (or proved to me on the basis of satisfactory evidencel to be the person ___ wh08e name..lz__subscribed to the within instrument and acknowledged that----o;;'-.Lf ... ~-€------executed the same. WITNESS my hand and o~seal. Signatul'l?~.,L:.__!:'.:::::;,~....=::::..!__j.,,L.'..~~::?:::::!::;;4~-----.... Form 3213 (CA 12-82) OFFICIAL SEAL GARY t ROOSENBERG NOTARY PUBLIC. CAlfOIINIA SAN DIEGO COlMY ,.., camm. EIPm ""'· 31, 1993