HomeMy WebLinkAboutNavarro, Richard; 2001-06-08;b. The total amount of the prindpal 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 ofresidence; or {iv) at the end of the Tenn 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 r~ui;:men~
set f•:.:.:::::::,T:::gage Loan. The outsranding principlU ~ "t
interest on this Note shall not be due upon prepayment and refinance of the ·First Mortgage~aftf l . "'f
the Deed of Trust shall be subordinated to the refinanced loan, provided that (i) such retina~~ O i-,,,...
is approved by the City, (ii) the amount refinanced does not exceed the outstanding principi, i,-o· o ~ ~
balance of the First Mortgage at the time of refinance plus reasonable costs of refinance, an~®i ~ -~
1010\02\111700.3
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The parties may subsequently change adcfresses by p·roviding 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 consequenc~ 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 ofRestrictions. 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 at!e:r<i!
governed by the laws of the State of California. · 1-~ ~ >-}
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26. Assignment by City. The City may assign its right to receive the pro~eifs8 ~
under this Note to any person and upon notice to the Borrower by the City all payments sh4~~ 8 ~
made to the assignee. · li: sa u_ w ~
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27. Invalid Provisions. If any one or more of the provisions contained in~j ~ ~ ~
Note shall for any reason be held to be invalid, illegal or unenforceable in any respect, then ~~ ~ Q %
provision or provisions shall be deemed severable from the remaining provisions contained ~ ~~ Cl) I .
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1010\02\111700.3 7 ....
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~ 81 , 20 _QL in the amount of
'IWENI.Y 'IHlEAN) Dollars (S2J, . (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 contained in the Note and this Deed of Trust; and
TO SECURE the perfonnance of any obligations of Borrower in any other agreements
with respect to the financing of the Propeny or the Security the failure of which would adversely
affect Beneficiary, whether or not Beneficiary is a p~ny to such agreements. ·
BORROWER AND CITY COVENANT AND.AGREE AS FOLLOWS:
I. 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,
14850
the Security is encumbered only by that deed of trust executed by the Borrower in connection
witha loanmadctothcBorrowcrbvtJEilS FARO)~ oritssucccssorsandassigns ~ IN::.
(the "First Lender"), dated JUNE ] , • 2<Ql executed by the Borrower in favor of First
Lender, and recorded in the County of San Diego on -k'k-k 20 _, 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 rirst 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 cenain conditions:
No Assumption of Note. The Borrower acknowledges that this Note is given in
connection with the purchase of property (the "Re~idence") 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.
3. First Lender Loan. The Borrower will observe and perform al\ 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: No Leasing Permitted. The Borrower shall occupy
the Property as his or her principal place of residence. The Borrower shall be considered as
occupying the Property if 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
1010\02\104149.0l 2
* RBXlID aNI1RRENllX
Borrower is occupying the Property as his or her principal place of residence. The Borrower shall
not lease the Property to another party. Any lease of the Property shall be a default hereunder.
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 over this Deed of
Trust, by the Borrower malcing 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 over 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 i.nsurance 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 designat_ed agent, the
original insurance policies or certificates ofinsurance, 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 ofloss 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
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
1010\02\104149.01 3
~--·-·· -------------------------------------------~
14851
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 perfonn 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 detennines 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 often percent (10%) or the highest 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.
I 0. 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.
12. Successors and A~signs Bound. The covenants and agreements herein contained
shall bind, and the rights hereunder shall inure to, the respective successors and assigns oft he City
and the Borrower subject to the provisions of this Deed of Trust.
1010\02\104149.01 4
.,;._....._ .. ,;._..._ ____________ ......;. ___ ;.__......;. __________ ....__~-"-""'--'.:.....~-~--
14852
13. Joint and Several Liability. All covenants arid 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 Residence.
To the City:
City of Carlsbad
Housing and Redevelopment Department
2965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
Attn: Housing and Redevelopment Director
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 ofTrust shall be construed in accordance with and be
governed by the laws of the State of California.
16. Invalid Provisions. lfany one or more of the provisions contained in this Deed of
Trust or the Note shaU 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 ofTrust or the Note.
17. Ciultiruls-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 ofTrust, 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 tha.n thirty
(30) days from the date the notice is effective as set fonh in Section 14 of this Deed ofTrust, 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
1010\02\104149.0l 5
14853
to the Residence through a deed in lieu offoreciosure. 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" shatr 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 th~ .
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 ofa marriage dissolution proceeding; (iv) to an existing spouse or child of the
Borrower by devise or inheritance following the death of the Borrower; (v) by the Borrower into
an inter vivos trust in which the ])orrower 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 Not~; 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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· 4. · Contingent Interest. The Borrower shall pay contingent interest equal to
-ln'drl< percent ( -!rid( %) ("Contingent Interest Percentage Amount") (seller to insert
appropriate percentage which shall in no event exceed (50%)] 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(a) below, uni~~
forgiven by the City pursuant to Section 7(b) below. Borrower acknowledges that the C-~~¥0 \>-"
Interest Percentage Amount is equal to the City/Seller Loan principal amount as a per~.~fl~i~-f:>~
the total pur.chase price of the Residence paid by the Borrower at the t~me of pu~~~,\~~filr;t~-{
by seventy-five o.ne hundredths (.75). Borrower acknowledges that this calcu~@t~d)'t cP~ .
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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 Tenn of this Note shall mean the period commencing on the
date of this Note and expiring on the date thirty (30) years thereafter.
6. Owner-Occupancy Required: Representations Regarding Income.
a. The Borrower is required to occupy the Residence as his or her-..
principal place ofresidence, 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 Reside~ce as his or her principal place of residence. The Borrower shall not lease the
Residence to another party. Any lease of the Residence shall be a default under this Note.
b. Borrower hereby certifies that all income information previously
submitted to 'the Seller and/or the City is true and correct. Misrepresentation by Borrower of
income information provided to the Seller and/or the City shall be a default under this Note.
7. Repayment
a. 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 oflaw 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 ofresidence; 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 con~titute-a waiver on the part
of the City to declare them due in the event of a subsequent Transfer.
b. In the event, upon expiration of the Tenn, (i) no Transfer has
occurred, (ii) Borrower has repaid all principal pursuant to subsection (a) above, (iii) Borrower
continues ~o owner-occupy the l{esidence, 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 pa~ent due hereunder is not paid within five
(5) days from the date it is due, Borrower shall pay a reasonable late or collection charge equal to
five percent (5%) ofihe 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 cos~~0'e:,
Such charges shall be paid by Borrower without prejudice to the right of the City to col~7~~~~~\.-
other amounts provided to be paid under this Note·orthe Deed ofTrust or, with resR~~~0\
04/02/99
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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 "Resjdence") as -part ofa 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 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)
ihe refinance does not resuli 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 o_ther 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 Transfer of the Residence or 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 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 Transfer. .. .
15. Default.
a. The Borrower shall be in default under this N9te if he or ~~sin
default under the First Mortgage following the expiration of First Mortgage cure~'6'd~
after the ~o_tice and cure period provided by the City _to t?e Borrower pursuan!-;_~ m~, and.
cure prov1s1ons of the Deed of Trust, the Borrower (1) fads to pay any mo~~~r~cle s
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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 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 acti~
with respect to such breach, default or failure or from any previous waiver of any similar or'.\"-~<:)
unrelated breach, default or failure. -<,.'<'~X, ~0~"?-v
R-."'-¢ -\~v o~ ~
20. Notices. All notices required in this Note shall be sent b~:f ~i~:~\>" , JP'
return receipt requested, or express delivery service with a delivery receipt, ~ ,~ai1i, 0 i)JYOY
. . "Y-tov~ 0~~¢-v -,J..~' .
04102199 5 . X,~0 ':){d· ~ . ·
. C] t\/ ~
delivered with a delivery receipt obtained and snail 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
Attention: 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 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. Nonliabiljty for Neg)jgence 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 qfthe
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 Ci~y may incur as a direct or indirec;t consequence of:
a. the making of the loan to Borrower;
. . . f.,
b. Borrower's failure to perform any obligations as and wh~~ired
by the Note or the Deed of Trust; or · . "~~~ ~~~~
~¢-"~0~~
c. the failure at any time of any of 8orrower's r~~~~~;;,~ th
Seller or the City to ~ true and correct. -{,-<:. ~~~4. o« ~ v°iJ ~~ 0-.::S rOQ. ~~~ \.,' -<( 0o ~ v 'S;""?-.,(.1' #v~{:} oa-
<i CJJ'r.
' <o4./
6
14867
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 .l[NE 8, , 2001, in the amount of
SJXJY 'IlUBAND Dollars (f(Q,an.m ) (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 CJTY COVENANT AND AGREE AS FOLLOWS:
I. 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 byl.JEI.LS FPRD KME MRI.GtGlffii its successors and assigns 'l'rn:JN:. irl<
(the ''First Lender"), dated .,IJNE 8, , 2001, executed by the Borrower in favor ofFirst
Lender, and recorded in the County of San Diego on -k'klr 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 tit!~ 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 ofNote. 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 perfonn alJ of the covenants
and agreements of the First Lender Note, First Lender Deed of Trust, and related First Lender
loan documents.
4. Owner-Occupancy Reguired. The Borrower shall occupy the Property as his or
her principal place of residence. The Borrower shall be considered as occupying the Property if
-k-k-1( RErXIID a:NlJRRENilXkk'
2
. .I
14868
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 enforc.ement 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 forrn 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. ln 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
-0f 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
3
14869
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, subiect 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.
lfthe 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 thereofresulting 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. lfthe 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, wiJI
become an indebtedness of the Borrower se~ured 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 (I) ten percent ( I 0%) 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 Borrow~r 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 ofinsurance 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.
4
14870
12. Successors and Assigns Bound. The coven~nts 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. ~-Except for any notice required under applicable law to be given in another
manner, all notices required in this Deed ofTrust 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, th~ 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: (I) the breach;
(2) if the breach is curable, the action required to cure such breach; (3) a date, not less than thirty
5
14871
(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 wiU 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 ts 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 al}y 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 fill!l., 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 ~y 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
6
14873
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 fe.es 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.
~~ ,j,1-;~1
Borrower RI<JWm NWAROO
2 c., >--.,:,.. r J /\Jt-.. ""t\..,f' ro
(Print Name)
Borrower
(Print Name)
8
:·,:... ·.. • • ·•i
;)!£ ~ 14875 ORDER NO. 504141-5
~ 'PARCEL4:
A NON-EXCLUSIVE EAS.EMENT 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, 1_998 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 RADITJS
. CURVE CONCA VE 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 CUR1/E THROUGH A Cf;NTRAL
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 I 00.00 FOOT RADIUS CURVE CONCA VE
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 RADnJS 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 SOUT.HEASTERL Y 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 RADrus 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 DJSTANCE 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 CONCA VE 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
I 00.00 FOOT RADIUS CURVE CONCA VE SOUTHWESTERLY; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A'cENYRAL ANGLE OF 05°15'25" A DISTANCE
14876 ORDER NO. 504141-5
OF 9.18 FEET; THENCE NORTH 48°55'14" WEST 48.27 FEET TO THE BEGINNING OF A
TANGENT 50.00 FOOT RADIUS . CURVE CONCA VE 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°28'4~'-' A DISTANCE OF 79.61 FEET; THENCE
LEA YING SAID PROPERTY LINE OF LOT 207 SOUTH 27°40'20" EAST 7.00 FEET TO THE
BEGINNING OF A NON-TANGENT 31.SO 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 l 1.71 FEET TO THE BEGINNING OF A REVERSE 25.00 FOOT
RADnJS CURVE CONCAVE NORTHWESTE~LY; 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
· CONDOMINnJM PLAN AS BEING APPURTENANT TO THE LIVING UNIT DESCRIBED IN
PARCEL 2 ABOVE.
APRILJO. 2001 10:51 AM RF