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HomeMy WebLinkAboutCDP 2017-0026; MCDOWELL ADDITION; Coastal Development Permit (CDP)C • (City of LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Pemrits (FOR DEPT. USE ONLY)poisiative permits (FOR DEPT. USE ONLY) Coastal Development Permit 0 Minor Ptall-rosii.0 General Plan Amendment O Conditional Use Permit El Minor El Extension 0 Local Coastal Program Amendment O Day Care (Large)0 Master Plan 0 Amendment O Environmental Impact Assessment Specific Plan 0 Amendment O Habitat Management Permit 0 Minor 0 Zone Changc O Hillside Development Permit 0 Minor El Zone Code Amendment O Nonconforming Construction Permit South Carlsbad Csrestal Review Area Permits O Planned Development Permit 0 Minor 0 Review Permit 0 Residential 0 Non-Residential 0 Administrative 0 Minor El Maier O Planning Commission Determination O Reasonable Accommodation Village Review Area Permits ID Site Development2lan 0 Minor._0 Review Permit _ 0 Special Use Permit 0 Administrative 0 Minor 0 War 0 Tentative Parcel Map (Minor Subdivision). 0 Tentative Tract Map (Major Subdivision) Ei Variance 0 Minor NOTE:A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE •APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:2/0 1 01 3 -Q C -oo PROJECT NAME:M e.•ra ©)e) U.t.L 12-19.1•(22%•••a 73 0%4 BRIEF DESCRIPTION OF PROJECT:pp.cop N s s.r •A....„ •F.s.r.Apt;yr%4.4 014-43v EAk To4 r_r 10 a'4 C.C.. PROJECT VALUE ESTIMATED COMPLETION-DATE(SITE IMPROVEMENTS).thito I NIAbk..6 k..g.0 I az. LOCATION.OF PROJECT:4 0 se),sic.r I.0141 STREET ADDRESS rON THE:SIDE OF (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN TA b'sjoit no A 4. No.A v r...AND A L1 i2--A v , (NAME OF STREET)(NAME OF STREET) i)No bD1 (e. —_ -wad 'ts N404V ;Ai t.34\014 1 OWNER NAME (Print):t..4,1 t.„i APPLICANT NAME (Print):s.iaj p.„ MAILING ADDRESS:4.0 s 5 y..MAILING ADDRESS:L 1 51-04.„srE.. CITY, STATE, ZIP:c„._G 10 tc.7.CITY, STATE, ZIP:db.:0.4t TELEPHONE:'4 .41 4 et)TELEPHONE -1 CaC)•Z.C7 —Co 3 EMAIL ADDRESS:.010.....-1 to.e Q..EMAIL ADDRESS:to.j 14.4 C Ij.1"ij s Iseti F..•lc—0 1..001 12.O Cs U I CERTIFY 'THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT AI L T ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BES F NOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES •v.;ji -PU •N. a.4frr//tN•iNV...Z(511 WI?).0 7SIGNATUREDATESIGEDATE APPLICANTS REPRESENTATIVE (Print):NI /A MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE-OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE kil#444 SIGNATURE DATE IN mg PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT fs THE SUBJECT OF THIS APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND RI 01 ANY S CCESSORS IN INTEREST.Off/• R •RTY OWNER SIGNATURE FOR CITY USE ONLY APR 1 8 2017 CITY OF CARLS:'.:\D PLANNING DiVIF!c'N DATE STAMP APPLICATION RECEIVED RECEIVED BY: 11(L .ciii Marawow ___...._. r.......„..A ,,...,,..„,,,tit Development Services(.( .City of DISCLOSURE STATEMENT Planning Division Carlsbad P-el(A)1635 Faraday Avenue (760) 602-4610 www.carisbadca.gov • Applicant's statement or disclosure .of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission .or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as °Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, twat, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.° .• Agents may sign this document; however, the legal name and entity of the applicant and property owner mint be provided below.... 1.APPLICANT (Not the applicant's agent) Provide the -COMPLETE.LEGAL names and addresses of ALL persons having a financial interest in the application. If the. applicant includes a comoration or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publiclv-owned corporation,include the names.titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person SAM161 I L...lei it•l Cat 14 i Corp/Part Title OtoLliJf.4...FkLio,Title Address ZA ift 51'ATL el.VI•tssi Address4.&A 0 tea.ii.oo ib.2.OWNER (Not the.owner's agent) Provide the COMPLETE.LEGAL names and addresses of ALL persons having any ownership interest in the property involved.Also,provide the nature of the legal ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,PLEASE INDICATE NON APPLICABLE (N/A) IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the Corporate officers.(A separate page may be attached if necessary.)poti.vtio.4.#44464.4 Person H ‘Doliti E.LL..Corp/Part Title 4 1414 E L...Title Address 4 6 Sc>cic-1-Loki L.Or.Address C 13..40 CA-91-opt. 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust • Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? ElYes ViNo If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to th knowledge. ,J111L Signature c owner/date Sig r Lapplicant/date r)04 11:?i*".}E Low.A0 044ti'.1104 P-I !.4 Print or type name of owner Print or type name of applicant w f1 Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent -, Co•City f PROJECT DESCRIPTION Development services Planning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:)'*1 C•c;ootoNleL.L.ONet...4 c:.sve A.TiO4.4 APPLICANT NAME:f N4 U L.ta.1crb Please describe fully the proposed project by application type.Include any details necessary to adequately explain the scope and/or operation of the proposed project.You may also include any background information and supporting statements regarding the reasons for,or appropriateness of, the application.Use an addendum sheet if necessary. Description/Explanation: T c„:De-se ELorts.,ieNi 1.1" App PQN—•A S.-F.8b0Crict)N.'r t...t e 4 t 1.64 tft...1I<is sl r 1.h.1 I,7'4-4 1 to 3 F 00.-4 13.ca se Tt4 Eat I S. Ttis4 Lr m F cwz. P-1(B)Page 1 of 1 Revised 07/10 4 AF MINOR CCity of COASTAL DEVELOPMENT PERMIT/Development Services Planning Division Carlsbad SINGLE FAMILY RESIDENCE APPLICATION 1635 Faraday Avenue (760) 602-4610 P-6 www.carlsbadca.gov A proposed project requiring multiple applications must be submitted prior to 3:30 p.m.A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale.(Use a scale no smaller than 1" =40'.) I.GENERAL BACKGROUND A.Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction.These costs are set by the International Conference of Building Officials (ICBO)and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner).Please refer to the current fee schedule for the appropriate $/square foot fee rate. New Residential Square Footage: square feet x $/sq. ft. =$ Residential Addition Square Footage: I CO 11 square feet x $/sq. ft. =$ Any Garage Square Footage: square feet x $/sq. ft. =$ Residential Conversion Square Footage: square feet x $/sq. ft.=$ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e.Retail/Store;Restaurants; Office; and Manufacturing/Warehouse uses.) square feet x $/sq. ft. =$ COST OF DEVELOPMENT ESTIMATE: $ B.Do you wish to apply for: 1.A Minor Coastal Development Permit (Under $60,000 cost estimate)El 2.A Coastal Development Permit ($60,000 or more cost estimate) C.Street address of proposed development+0 S 'y te.C t.Orat) P-6 Page 1 of 6 Revised 08/16 Oa 4tr. B.Parking:Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required 2. Number of covered spaces Number of uncovered spaces 0 Number of standard spaces Number of compact spaces 0 Is tandem parking existing?ri Yes #IZINo Is tandem parking proposed?El Yes #0171 No C.Grade Alteration: Is any grading proposed?111 Yes e No If yes, please complete the following: 1.Amount of cut 4:7 cu. yds. 2.Amount of fill cu. yds. 3.Maximum height of fill slope feet 4.Maximum height of cut slope feet 5.Amount of import or export 0 cu. yds. 6.Location of borrow or disposal site ts4/A P-6 Page 3 of 6 Revised 08/16 STORM WATER STANDARDS Development ServicesCity of QUESTIONNAIRE Land Development Engineering Carlsbad E-34 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects,the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application(subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project.Depending on the outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.Citystaffhasresponsibilityformakingthefinalassessmentaftersubmissionofthedevelopmentapplication.If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete.In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application.Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: t...1 c.r t b. cs‘thookr chN.J PROJECT ID:(Li j)/0 7 -ou ADDRESS:SW-L Fli4 c !'d1.APN:•5.6 The project is (check one):Vi New Development Redevelopment The total proposed disturbed area is:rg ft2 ()acres The total proposed newly created and/or replaced impervious area is:116 ft2() acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID L /44 SWQMP #: Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 • STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project', please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5,mark the third box stating "my project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEPS TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; b)Designed and constructed to be hydraulically disconnected from paved streets or roads; c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? 0 If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ..." and complete applicant information. Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 4.) E-34 Page 2 614 REV 02/16 STEP 3' TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,D grand public development projects on public or private land. 2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or 0.more of impervious surface?This includes commercial,industrial,residential,mixed-use,and public development projects on public or private land. 3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and 0 refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project?A hillside 0 2' development project includes development on any natural slope that is twenty-five percent or greater. 5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street,road,highway grfreeway or driveway?A street, road,highway,freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site,and discharges directly to an Environmentally Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of /200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands).* 8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop?An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)0 40 codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes o grRGO's that meet the following criteria:(a)5,000 square feet or more or (b)a project Average Daily Traffic (AD7)of 100 or more vehicles per day. 10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction?0 IZ1 11.Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2)increases impervious surface on the property by more than 10%?(CMC 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment project, go to step 4.If your project is a new project, go to step 5, check the first box stating "My project is a PDP ..." and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5,check the second box stating "My project is a 'STANDARD PROJECT'..." and complete applicant information. E-34 Page 3 of 4 REV 02/16 STEP 4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50%of the surface area of the previously existing development?Complete the percent impervious calculation below: Existing impervious area (A) =sq. ft. Total proposed newly created or replaced impervious area (B) =sq. ft. Percent impervious area created or replaced (B/A)*100 = If you answered "yes",the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development.Go to step 5, check the first box stating "My project is a PDP ..." and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5,check the check the first box stating "My project is a PDP ..." and complete applicant information. STEP 5 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION El My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must prepare a Storm Water Quality Management Plan (SWAMP) for submittal at time of application. XMy project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note:For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 1:1 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name:13'04 1.1 Applicant Title:Cs tAki -r!Lt" Applicant Signature:(Date:0 -I iNdoj C•E4 cal *Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE benefidal use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994)and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence: D ..A IBy: C•• Date://h7 Project ID:c op z.:.0 oiy2.‘ E-34 Page 4 of 4 REV 02/16 STANDARD PROJECT i Development ServicesCity of REQUIREMENT Land Development Engineering Carlsbad CHECKLIST 1635 Faraday Avenue E-36 (760) 602-2750 www.carlsbadca.gov Project Information Project Name:}mil LEA 6.4.Qs$0 "I" Project ID: DWG No. or Building Permit No.: Source Control BMPs All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible.See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual.Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement.Discussion/justification must be provided.Please add attachments if more space is needed. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g.,the project has no outdoor materials storage areas).Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 ii'es to 0 N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage 0 Yes Discussion/justification if SC-2 not implemented: M S p Tti 5 cEn..c. SC-3 Protect Outdoor Materials Storage Areas from Rainfall,Run-On,Runoff,and Wind /1 Yes 0 No 0 N/ADispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 09/16 Source Control Requirement (continued)Applied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall,Run-On,Runoff,and pir Yes 0 No 0 N/AWind Dispersal Discussion/justification if SC-4 not implemented: SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal $Yes 0 No 0 N/A Discussion/justification if SC-5 not implemented: SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix El of BMP Manual for guidance). O On-site storm drain inlets 0 Yes gi No 0 N/A O Interior floor drains and elevator shaft sump pumps 0 Yes Z No 0 N/A O Interior parking garages 0 Yes I No 0 N/A O Need for future indoor & structural pest control 0 Yes ,No 0 N/A O Landscape/Outdoor Pesticide Use 0 Yes 8 No 0 N/A O Pools, spas, ponds, decorative fountains, and other water features 0 Yes 0 No 0 N/A Food service 0 Yes ,16 No 0 N/A Refuse areas 0 Yes X No 0 N/A O Industrial processes 0 Yes git No 0 N/A O Outdoor storage of equipment or materials Yes 0 No 0 N/A 0 Vehicle and Equipment Cleaning 0 Yes 0 No 0 N/A O Vehicle/Equipment Repair and Maintenance 0 Yes ,0 No 0 N/A O Fuel Dispensing Areas 0 Yes X No 0 N/A O Loading Docks 0 Yes .8 No 0 N/A O Fire Sprinkler Test Water 0 Yes 00 No 0 N/A O Miscellaneous Drain or Wash Water 0 Yes 0 No 0 N/A O Plazas, sidewalks, and parking lots 0 Yes R.No 0 N/A For "Yes" answers, identify the additional BMP per Appendix E.1.Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible.See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement.Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement Applied? SD-1 Maintain Natural Drainage Pathways and Hydrologic Features Yes No N/A Discussion/justification if SD-1 not implemented: SD-2 Conserve Natural Areas, Soils, and Vegetation 21 Yes No N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area /Yes No N/A Discussion/justification if SD-3 not implemented: SD-4 Minimize Soil Compaction Yes No N/A Discussion/justification if SD-4 not implemented: SD-5 Impervious Area Dispersion "Yes No N/A Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 • Site Design Requirement (continued)Applied? SD-6 Runoff Collection 0 Yes /No 0 N/A Discussion/justification if SD-6 not implemented: 401 NECZ- 0111 SINE 5 .f> SD-7 Landscaping with Native or Drought Tolerant Species 0 Yes ii/No 0 N/A Discussion/justification if SD-7 not implemented: Ni St.4 r yr pp.p.)1c_,) SD-8 Harvesting and Using Precipitation 0 Yes ijgc No 0 N/A Discussion/justification if SD-8 not implemented: Ael-1 KcEiShtl 6i veP P-E 6 arc3.--E I/4 2e.41) E-36 Page 4 of 4 Revised 09/16 4 • ,AA.• 7 A. 772, Rrs .:'...844.4e‘;'01.0K.Lii•Crur‘ •. ..74‘,1:„Aj.hr".1 A uteri( an Titic ADDRESS 4050 SKYLINE RD CARLSBAD, CA 92008 APN 207-073-05-00 - .Property Detail Report 4050 Skyline Rd, Carlsbad,CA 92008 •APN:207-073-05-00 San Diego County Data as of: 01/04/2017 Owner Information Owner Name:McDowell David J Vesting:Married Man / Sole Owner Mailing Address:4050 Skyline Rd, Carlsbad, CA 92008 Location Information Legal Description:N 150 Ft Meas At R/A To N Li In Lot 18 Tr 2647 APN:207-073-05-00 Alternate APN:County:San Diego, CA Munic /Twnshp:Twnshp-Rng-Sec:Census Tract / Block:017809 / 1000 Subdivision:Carlsbad Highlands Tract #:2647 Legal Lot / Block:18 / Legal Book / Page:207 /07 Last Market Sale Sale / Rec Date:/ 11/12/2002 Sale Price / Type:Deed Type:Deed Multi / Split Sale:Price /Sq.Ft.:New Construction: 1st Mtg Amt / Type:1st Mtg Rate / Type:1st Mtg Doc #:N/A 2nd Mtg Amt / Type:2nd Mtg Rate / Type: Seller Name:Owner Name Unavailable Transfer Doc #:2002.7947 Lender: Title Company: Prior Sale Information Sale / Rec Date:/ 11/12/2002 Sale Price / Type:Prior Deed Type:Deed 1st Mtg Amt / Type:1st Mtg Rate / Type:Prior Doc 4:2002.7947 Prior Lender: Property Characteristics Gross Living Area:2,606 Sq.Ft.Total Rooms:Year Built /Eff:1963 / 1963 Living Area:2,606 Sq.Ft.Bedrooms:4 Stories: Total Adj. Area:Baths (F / H):3 /Parking Type:Garage/Carport Above Grade:Pool:Garage St.2 Basement Area:Fireplace:Garage Area: Style:Cooling:Porch Type: Foundation:Heating:Patio Type: Quality:Exterior Wall:Roof Type: Condition:Construction Type:Roof Material: Site Information Land Use:SFR Zoning:R1 # of Buildings:1 State Use:Lot Area:25,265 Sq.Ft.Water Type: County Use:1 Family Residence Lot Width / Depth:Sewer Type: Acres:0.58 Usable Lot:Res / Comm Units:1 / Site Influence: Tax Information Assessed Year:2016 Assessed Value:$139,109 Market Total Value: Tax Year:2016 Land Value:$39,791 Market Land Value: Tax Area:09000 Improvement Value:$99,318 Market Impry Value: Property Tax:$1,558.22 Improved %:71.40%Market Impry 96: Exemption:Total Taxable Value:$139,109 Delinquent Year: leg i finiameriestakle 0 2016 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFILIATES. ALL RIGHTS RESERVED.PAGE 1 OF 1 'Sales Comparables 4050 Skyline Rd,Carlsbad,CA 92008 •APN:207-073-05-00 San Diego County Data as of: 01/05/2017 Subject Property 4050 Skyline Rd, Carlsbad, CA 92000 Sale Price /Type: Sale Date / Rec Date:/ 11/12/2002 Year Built / Eff:1963 /1963 Lot Area /Acres:25,265 Sq.Ft./.5800 Bedrooms:4 Assessed Value:$139,109 Living Area:2,606 Sq. Ft.Baths (F /H):3 /0 Land Use:SFR Pool:Total Rooms: Owner Name:McDowell David J Mailing Address:4050 Skyline Rd, Carlsbad, CA 92008 County:San Diego Zoning:R1 Stories: APN:207-073-05-00 Prior Sale Price:Roof Material: Subdivision:Carlsbad Highlands Prior Sale Date:Cooling: Census Tct / Blk:017809 / 1000 Prior Rec Date:Fireplace: 1st Mtg /Type:Doc #:2002.7947 Parking Type:Garage/Carport Res / Comm Units:1 / Search Criteria # Months Back:6 Distance From Subject:1 mi Living Area Difference:15.0 +/-Land Use:Same As Subject 5 Comparable Properties Found Price $565,000 $761,000 $820,000 Living Area 2,606 2,216 2,252 2,372 Price/Sq.Ft.$255 $338 $368 Bedrooms 4 2 4 5 Baths 3 2 3 3 Lot Area 25,265 Sq. Ft.6,571 Sq. Ft.9,392 Sq. Ft.14,500 Sq. Ft. Stories Year Built 1963 1967 1976 1986 Distance 0.25 mi 0.56 mi 0.84 mi tallatingli Wiffr 0 2016 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFILIATES. ALL RIGHTS RESERVED.PAGE 1 OF 4 'sit -' -—t'-r -ci r •.s.-.!''-- 7 -.--.71--„- ,..., -_ - b •>' ,.`'.. . 140‘.1/4_. ..--*---/-,....-0.0"-''.!°''.%-.‘,.. .,. ,t. \\\-_•--•,...i. .... .;..,, ii.- IF Subject Property il Comparables 1 0.25 1878 High RON Ave, Carlsbad, CA92008 08/17/2016 $815,000 2,216 $368 4 /2 6,571 31 2 0.36 1730 Schooner Way, Carlsbad, CA92008 09/022016 $800,000 2,225 $360 2 /2 9,300 41 3 0.63 4810 Kelly Cr, Carlsbad, CA 92038 07/11/2016 $565,000 2,219 $255 5 /3 14,500 49 4 0.70 3602 Trieste Dr, Carlsbad, CA 92010 06001/2016 $805,000 2,228 $361 3 /3 7,600 50 5 0.84 1811 Valencia Ave, Carlsbad, CA92008 06/20/2016 $820,000 2,372 $346 5/ 3 8,989 33 L:Listed R:REO RS:REO Sale SS:Short Sale D:Default k Auction I 0 2016 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFRUATFS. ALL RIGHTS RESERVED.PAGE 2 OF 4 ... • Comp #1 -0.25 Miles From Subject 1878 High Ridge Ave, Carlsbad,CA92008 Sale Price /Type:$815,000 /Full Value Sale Date /Rec Date:08/17/2016 / 09/21/2016 Year Built /Eff:1986 / 1986 Lot Area / Acres:6,571 Sq.Ft./ .1508 Bedrooms:4 Assessed Value:$766,513 Living Area:2,216 Sq. Ft.Baths (F / H):2 /1 Land Use:SFR Pool:Total Rooms: Owner Name:Ondler James H & Rosalyn Mailing Address:1878 High Ridge Ave, Carlsbad,CA 92008 County:San Diego Zoning:R1 Stories: APN:207-385-47-00 Prior Sale Price:$755,000 Roof Material: Subdivision:Carlsbad Tr 82-05A Prior Sale Date:04/09/2015 Cooling: Census Tct / Blk:017810 / 2006 Prior Rec Date:05/07/2015 Fireplace: 1st Mtg / Type:$692,700 / Conventional Doc #:2016.499476 Parking Type:Garage/Carport Res / Comm Units:1 / Comp #2 -0.36 Miles From Subject 1730 Schooner Way, Carlsbad,CA92008 Sale Price / Type:$800,000 / Full Value Sale Date / Rec Date:09/02/2016 / 10/06/2016 Year Built /Eff:1976 / 1976 Lot Area / Acres:9,300 Sq.Ft./ .2135 Bedrooms:2 Assessed Value:$710,000 Living Area:2,225 Sq.Ft.Baths (F /H):2 / 0 Land Use:SFR Pool:Total Rooms: Owner Name:La Londe Family Trust Mailing Address:1730 Schooner Way, Carlsbad,CA 92008 County:San Diego Zoning:R1 Stories: APN:207-320-02-00 Prior Sale Price:$600,000 Roof Material: Subdivision:Carlsbad Tr 72-18 Unit 01 Prior Sale Date:04/26/2005 Cooling: Census Tct / Blk:017810 / 2011 Prior Rec Date:05/16/2005 Fireplace: 1st Mtg / Type:Doc #:2016.535325 Parking Type:Garage/Carport Res / Comm Units:1 / Comp #3 -0.63 Miles From Subject 4810 Kelly Dr, Carlsbad,CA 92008 Sale Price / Type:$565,000 / Full Value Sale Date /Rec Date:07/11/2016 / 08/10/2016 Year Built /Eff:1968 / 1968 Lot Area / Acres:14,500 Sq.Ft./ .3329 Bedrooms:5 Assessed Value:$299,280 Living Area:2,219 Sq.Ft.Baths (F /H):3 / 0 Land Use:SFR Pool:Total Rooms: Owner Name:White Paige Mailing Address:750 Arbuckle PI, Carlsbad, CA 92008 County:San Diego Zoning:R1 Stories: APN:207-230-19-00 Prior Sale Price:$226,000 Roof Material: Subdivision:Prior Sale Date:Cooling: Census Tct / Blk:017810 / 2005 Prior Rec Date:08/18/1998 Fireplace: 1st Mtg / Type:$452,000 / Conventional Doc #:2016.408425 Parking Type: Res / Comm Units:1 / li%firstAmeriran role © 2016 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFILIATES. ALL RIGHTS RESERVED.PAGE 3 OF 4 _AIP ——...-•............„..„„.......„,.,_„„.,,.— Comp #4 -0.70 Miles From Subject 3602 Trieste Dr, Carlsbad,CA 92010 Sale Price / Type:$805,000 / Full Value Sale Date /Rec Date:06/01/2016 / 07/07/2016 Year Built /Eff:1967 / 1967 Lot Area / Acres:7,600 Sq.Ft./ .1745 Bedrooms:3 Assessed Value:$625,000 Living Area:2,228 Sq.Ft.Baths (F / H):3 / 0 Land Use:SFR Pool:Total Rooms: Owner Name:Simkin Jordan / Chouiery Sarah Mailing Address:3602 Trieste Dr,Carlsbad, CA 92010 County:San Diego Zoning:R1 Stories: APN:167-151-08-00 Prior Sale Price:$615,000 Roof Material: Subdivision:El Camino Mesa Unit 02 Prior Sale Date:04/14/2005 Cooling: Census Tct / Blk:019804 / 1005 Prior Rec Date:06/14/2005 Fireplace: 1st Mtg / Type:Doc #:2016.336850 Parking Type:Garage/Carport Res / Comm Units:1 / Comp 415 -0.84 Miles From Subject 1811 Valencia Ave, Carlsbad, CA 92008 Sale Price / Type:$820,000 /Full Value Sale Date / Rec Date:06/20/2016 / 08/01/2016 Year Built /Eff:1984 / 1984 Lot Area / Acres:8,989 Sq.Ft./ .2064 Bedrooms:5 Assessed Value:$271,203 Living Area:2,372 Sq.Ft.Baths (F / H):3 / 0 Land Use:SFR Pool:Total Rooms: Owner Name:Commins Stephen K & Sharon M Mailing Address:1811 Valencia Ave,Carlsbad, CA 92008 County:San Diego Zoning:R1 Stories: APN:207-250-64-00 Prior Sale Price:Roof Material: Subdivision:Carlsbad Tr 80-39 Prior Sale Date:Cooling: Census Tct / Blk:017810 / 2023 Prior Rec Date:Fireplace: 1st Mtg / Type:$350,000 / Conventional Doc #:2016.388552 Parking Type:Garage/Carport Res / Comm Units:2 / Irob hrstAmerican rate © 2016 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFILIATES. ALL RIGHTS RESERVED.PAGE 4 OF 4 Disclaimer:This report is not an insured product or service or a representation of the condition of title to real property. It is not an abstract, legal opinion, opinion of title, title insurance, commitment or preliminary report, or any form of title insurance or guaranty. Estimated property values are: (i)based on available data; (ii) are not guaranteed or warranted; (iii) do not constitute an appraisal; and (iv) should not be relied upon in lieu of an appraisal. This report is issued exclusively for the benefit of the applicant therefor, and may not be used or relied upon by any other person.This report may not be reproduced in any manner without the issuing party's prior written consent. The issuing party does not represent or warrant that the information herein is complete or free from error, and the information herein is provided without any warranties of any kind,as-is,and with all faults. As a material part of the consideration given in exchange for the issuance of this report, recipient agrees that the issuing party's sole liability for any loss or damage caused by an error or omission due to inaccurate information or negligence in preparing this report shall be limited to the fee charged for the report. Recipient accepts this report with this limitation and agrees that the issuing party would not have issued this report but for the limitation of liability described above. The issuing party makes no representation or warranty as to the legality or propriety of recipient's use of the information herein. i 1 09 e SHT.2 POR.25,7.-74.1i•riv.ki..----.4 _____N-5,a.i-1.5. 7-7 60 *tt 4 ..im'ap'E5 .- 0 . 4. 207-07 I"100' • [ ko C:0.54AC. ,.//'W..----n_.1-5.-05 .N cr Inz4-9 -3--ni 1 68 O.59 AC 1 01.:7'0 ...'... ....4 . a 2/ (,0 0 24 . .;..... .•v®‘7 2/02/09 MGS s 0 .(±),LI t 0 /•O POR 30 0.60 AC.0 ..•4 O.57 AC.3 CHANGES rk (),4J -.9.....5....7. 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MAP823 -RHO AGUA HEDIONDA-MM 231ROS 9597, 20300SANDIEGOCOUNTYASSESSOR'S MAP BK 207 PO 07 -FIRST AMERICAN TITLE, 10C,SAN DIEGO, CA AD22 01/11/2017 11:57AM RDW8 PAGE 1 OF 2 SAN DIEGO 2016-17 TAX ROLL ORDER SEARCH RESULTS ORDER: 0000000 TOF: 0 COMMENT: PAYMENTS AS OF 01/06/2017 SEARCH PARAMETERS ENTERED APN:207-073-05-00 APN:207-073-05-00 TRA:09000 -CITY OF CARLSBAD ACQ DATE: 10/27/2010 DOC#: 2010-579822 LEGAL:002647 N 150 FT MEAS AT R/A TO N LI IN LOT 18 SITUS:4050 SKYLINE RD CARLSBAD CA 92008-2747 MAIL:4050 SKYLINE RD CARLSBAD CA 92008 ASSESSED OWNER(S)2016-17 ASSESSED VALUES MCDOWELL DAVID J LAND 39,791 IMPROVEMENTS 99,318 TAXABLE 139,109 2016-17 TAXES 1ST INST 2ND INST TOTAL TAX STATUS PAID PAID PAYMENT DATE 12/08/2016 12/08/2016 DELINQUENT DATE 12/12/2016 04/10/2017 INSTALLMENT 779.11 779.11 1,558.22 PENALTY 77.91 87.91 165.82 BALANCE DUE 0.00 0.00 0.00 WARNINGS AND/OR COMMENTS **NO BONDS OR PRIOR YEAR DELQ TAXES " ASSESSMENT DETAIL FUND TYPE AMOUNT DESCRIPTION OF ASSESSMENT(S) 6010-11 LIGHTING 36.10 STREET LIGHTING & LANDSCAPE ZONE T 6010-01 LIGHTING 14.84 CARLSBAD LIGHTING DIST #1 6727-48 WATER 11.50 MWD WATER STANDBY CHARGE 6754-48 WATER 10.00 CWA WATER AVAILABILITY 6010-09 LIGHTING 8.34 STREET LIGHTING & LANDSCAPE ZONE M 5119-14 VECTOR 5.00 MOSQUITO/DISEASE CTR 5119-11 VECTOR 3.00 CO MOSQUITO SURVEILLANCE 88.78 TOTAL OF SPECIAL ASSESSMENTS ADDITIONAL PROPERTY INFORMATION COUNTY USE CODE:111 STANDARD LAND USE:SFR CONDITIONS, DISCLAIMERS AND EXCLUSIONS: This Tax Certificate/Tax Order Report does not constitute a report on or certification of: (1) mineral (productive and/or non-productive) taxes or leases; (2) personal property taxes; or (3) other non ad valorem taxes (such as paving liens, stand-by charges or maintenance assessments). --FIRST AMERICAN TITLE, 10C,SAN DIEGO, CA AD22 01/11/2017 11:57AM RDW8 PAGE 2 OF 2 SAN DIEGO 2016-17 TAX ROLL ORDER SEARCH RESULTS ORDER: 0000000 TOF: 0 COMMENT: Data Trace Information Services LLC ("Data Trace") may have warranted the accuracy of this Tax Certificate/fax Order Report to its customer (the "Data Trace Customer') pursuant to the terms and conditions of a written tax service agreement between Data Trace and said Data Trace Customer (the "Tax Service Agreement"). Any such warranty (hereinafter, "Data Trace Customer Warranty") does not: (a) extend to a third party bearer of this Tax Certificate/Tax Order Report; (b) cover any changes made to the records of the taxing authority after the "payments as of," "paid," or "payment" dates delineated above; and (c) cover any invalid tax information shown on the records of the taxing authority or resulting from an error by the Data Trace Customer (induding, without limitation, submission of incorrect property information by said Data Trace Customer). DATA TRACE MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THIS TAX CERTIFICATE/TAX ORDER REPORT OTHER THAN (WHERE APPLICABLE) THE DATA TRACE CUSTOMER WARRANTY. Any and all daims under a Data Trace Customer Warranty must be submitted to Data Trace by the corresponding Data Trace Customer and are subject to the terms and conditions set forth in the pertinent Tax Service Agreement (induding, without limitation, the filing deadlines applicable to such claims).In some jurisdictions Data Trace's validation of a Tax Certificate/Tax Order Report is required to activate a Data Trace Customer Warranty. END OF SEARCH .„.._„.,,_..,„._-.._•..„__________ .• '41.11.0...7''.3..7.72........Z.Tb:..'REF.Va...—nwpAgE pi„.'GMI .. RECORDED At OFRIGOROiNe egetlie7RD SY Mit WM AUS a am*.1 APR 25 OD NI *4 '';..N''C.'mm........ .SERIE:13000KM.......;........ WFMN RECOMOM PLIIIMM MAIL TO .'OFFICIAL.RECORDS •••,:5111.;!.:,SAN DIEGO COUNTY,CAM 46....• :'I..-.,.r 5 . A.S.GRAY,RECORDER #1.0••t .....P.L....W.N.I..a.OMAJL.w.U044................-:...4.0.1....RWANALIL110....„-....---..:...-.:.ifINCX/Ww.W.10414.q........».....—...i ' tke#4...!1speo.co AbOVe Ville UNE NA effe011 ''4 4NO......... .,,.,•% iiiGrant Deed ....; . •• ,. ..'7 b .;..••••••••••.........w ..t..n... ............ .. ........mg••••••••••••••••.1441•11.1.WHOSIONW.06•••••••••0 'ir - T/15 .A ' ••*.b.Pop $1 ValUnilla Com•Iilarrallyn,the remain'of whieh I.h•reby aohnowlatlgod,do„„......har•by i'''' .4 .am GRANT to irgit1.0..g.....0r.f0...V.C..YriMSp....gr.f..,IMWA.CP:4%..wge "ilPint t4"at"-....7.........:Paii.:: • • ••••I 110• ••I• .•••• all Ih•1 1.0•1 prlApOrty Elbeal4K1 hi VW County of rete...149119. ..................w..•Sista of California, ttriiarnimd ea knew'' IL TO be attached.to deed to Onset; PhlICI.:I..1; . ,Thnt port Ion of Lot ":"of too PANCHO ;4114 NWT.07nA,.in tqo Clty of Carl!;tind,County or :inn Dlero.,:.t!An . •Cuf Coltforn1a,nocordinr tc Mno thereof No...:P3..filoo In tno officio of tiro COWIty ft(Wrvrder Of 44idCuunty,Novombor 16,1W.un.:ertbed ho follow;;: urinnl.hr ot.tno Nortton;:t oerner of Lot 18.CARLo1l0IfIC!!Ld...IA tho Clty of C.r1.'”d,County of ..!.n Dlor0.Ltoto of C..11fornth.occorotnr to X:tnoroof No.207.f..1.od in tno offtco of tho RocorU.g•of oold County;tIonce Louth 7'.7:'10"X..ot,;goer `.'lo Mo!.terly prolono.tlonoftrioNorthnrlylinoof:ink!Lot L..;h dlot..hco or 1;()relo tn the Tn=POINT Ole f;r:C.T.NI'IC:th.eno.oottlnulnralorwoolu.Nontorly prolonntion ;.kuth -.'•7",:.1,9'.10"NwL:t 1D5 foot;thnnce :;outh 2'N'IO"F.ost 153.34 ffiqtt tf4onooNorthTi-nficr e!ri;it.225 root morn or Iri!;r:to r,nointonthe243torlY1:no of nit Lot 1t.cztL:nAD =:!*..AnD;.;„. which bonro oath '..",11 '4ont 151.10 f.et From 1-..In wan ..Nortnea:;torly Cornor of o'.1.1 Lot 18;thence North 9.'51' •n "t to tho hrc of a 60 foot rAd1u5 curve conchve North-. wo:Aorly to the boundary of lnnd de;;crtbud In flood toMlitonX.CA::"(,,ot ux,rocorded Zwptonbor 15.Ic.5':.ao ..),./cument Nv.1093(.5 Of Officinl hocord:;;tnenci,',long oa10 bouhonry Kontorly and Northenatorly alonr.‘nte.curve 92.14 ro..t.mor.or lane,-ar&dual'or W/":912;.10-.----------. morn or loan,to the TRUK PO:NT OF :JP:GINNING. .IdliCEL . , An on:Iomont and rtrht or way for road,nower.Witor, rue.powor 4nd tnlopheno 1lne one onpurtennnema theretoovor,und Qr.(:ionr,And .lorot:c P.ho Lx.'It;lor:Y 30 "u'e'of"-Nort'iorlo 1.10 foe.or of 18 or CARLZIO 7:ICELANO:;.in the City of Chrl5bud.County of ::nn X..oro,:.trite ofCA1ifornia,according,to Moo tnereof No.2647.f:',,ed In tho office' of the County Aucorder of anld County,;.pri1 13,1950.the Zoutherly line of t:ala Northerly 10 feet.being p..rAliel v.ith and cliztnnt 150 feet i;outherly At .ripnt anr10a from the Nortnerly line of mid Lot 1.)!.... :Tho enoomont horelndoocrIbed to hereby doelf.red to bo •appurtonnnt to rims for the uoe land benefit of t'in . I . it. .-pro;,ont Zini.1 future ownort.of n11 or ony por1.7% of Paroe' Po.I Above. J..icrintion by:Dnn MOore 4. 14/7"1 :-"7/Cneokod bye :Nan rilinnoll.• Typed by:M-17.1no Cufford •,..h *P4,'4''--' ,'.. i • 2 Oub..ert to: 1.General And epecIA1 taxed :or the rtmeehl yew.196NX963. V.nighto,rIghtn of way mad empemeAte for pUbIle uttlitiev,water companSta,Alleym and etreete;And oovenaate,conditLone aAd reetriettone,now of record,1,f Any. • • ,,,,,.......•••.•• ........... w. .........••.. • amininIn;non..n n.STATF:01' .. .. COUNTY (SS........• On ...140 me.,the untiers4ned,a Notary Public for.,..par.."Ziorfeat.nla7. Odic' irn porrimirilly.appmarud ..............n.1.040.6 PInni:nnonvOnntams..nnn. ".14.4.111./”..".11.41 an.............minnOnannon4.1.1.en On Ion nennk to:rtwelu int illitinimn whom m......sehocribeti lu ihr within inuttunont end eeknowheigiml thd L.14;#41...,+molded the enure. Werromo my bond antitiollioisl meal. &at •.• '.I r •L.le' r.in44•91.6014 (1447 ni4r4.r‘;!ti..r.r74;,41:1n non. e '•1.0 •1. • d 4,'a .i A N . e errrY hicny, Nniev stiliMa is dotal" I11•1111 .ro 'fir NM Calmly .4 :;•Js MOID• 3u.1. NI COM10411 • MC AIWA F..•MV C4110.1011444 1.04•• AMP NI.MO %to.'1. ••W 4 1 1111.1.V.14.L•„•.V 6.1 L4.11.6 6/..44.6 .6.1 u p .At..n e r NO.1 mbovo. au.....crition by:.)gin Moore4/27"A. .Choc14.041'by:Don: roltinul.1.4 -A Typor1 by:t41.:ixt.no Cttfroril ••••Oin ( •4 12. . L••'''.''.... .,.. ..''-':M11$11111111PINI RICOUSETED BY ee... see.910 =WU 6 AMMON (DX)452332 1 ' Attorivirs at Law Wavlarii4Gnod...13 TAO VANN 1111111010111.NAIL Ti r,...NUM 6 ANDIRSON (ON)7 MARMITES PAST....ii:Attorneys at Law apes lo BOOK1020 N.Bread*, au Li!anta Ma,California 92702 laitlir - P17911140PuTriyflwrgrESJ,s2 Sd SPACE ABOVE THIS LINK PON SIMONSEN'S USN-- SAMWI ITANWINIII PO GordonG N.Gair 6 Shirley --- 1 . A.Gair,Trustees • m."7".347 152nd Street LNewport. Desch,California _I /e I tnd r Tax Due $amiax Duep/.:.Frau &ANDERSON Signed Firm Name .... • Grant Deed D.T.T.5 TO •O•CA i••••.MOS rOlIM PUNNIONLD OM TITLE INNURANCC AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GRACE C.GAIR hereby GRANT(S)in GORDON N.GAIR and A.OUR,Trustee. underDeolarationof Trust established 1969.by GRACE C. GAIR,Truster 1 the following described real property in the County of San Diego . State of California: ;.'Sii ATTACHED EXHIBIT "A" I 14•t) CJINI CO ,!r f.d.N3 Dated /47 tieciev AntrY 1/4.....,-V1.'; ItiVLA)GRAOK U.OA .•.STATE OF CALIFORNL„,if izee..0}saCOUNTILQF on ..."0.1-y./9. 79‘9 before me,the under• signed,a Notary Public In and for said State,personally appeared -03001 C_GAIN ,...known to me -...MUT B.NU.SON to be ths pemem---whoes same.4.111—.... subscribed to the within "aftf1.NOTARY PUBLIC •CALIFORNIA founemtel sad mitaewlectsed tha sky TIIICUltd the same.-firw.PRINCIPAL CI INwinoswrAokiSeasz••. .047.UN DUO COUNTY .P.•`...Raigeover-AY A/G=44 6 A) ...,,1 ..f .Nam (Tyre!er NNW)MY me tor glacial NTUrIal 0.611 T:JO .4841116"WM illm 111 *fk This Onfar Nok____.Peeress or Loan No.- • ,,,",MAIL TAX STATIANWns AS DIRECTO MOW .-"1"9'Itr '`..' 1.,W4'.:'.•;.t'.: s-*-1 '•-..-A.-....ft i ...' ',.,.,'‘'• .'-;''.*;'''''...x.... '''--'-':''-."'1".'''.,jaaiiilla#:.., '• . •, •. • -•—911 .,• • . .• n*Mborod 4050 *Ain*Road,Carlsbad,California • ',illalaribed as follows' •Ikot to. of Lot "I"of the RANO=AQUA IEDIONDA in the4Shy*foilabad,Oompty of San tdogo.:State of California,ti Imp therNor NO.823.filed In the office of theSint?:corder of said County,November 16,1896,described as foliowst INIOINEMO at the Northeast corner of Lot 18,CARLSBAD HIGHLANDS,in the City of Carlsbad,County of San Diego State ofCOMM/La,**cording to Nap thereof ,No.2647.filed in theoffice of the Recorder of said County;thence South 87'39'le"Shot,along the Sisterly prolongation of the Northerlyline or said Lot 18,50.00 feet So the beginning of a 60.00foot radius curve concave Northeasterly,a radial line throughsaid point bears South 87"39'10"lasts thence Southwesterlyalong said serve 92.14 test,more or less,through an angle of 87'39'28"sore or less,to a point on the Easterlyline of said Lot 181 thole* Ilona said Easterly line of saidLot18North 9"51'last 60.48 foot;more or less,to the POINT OF MOINNINO MAUD •That portion of Lot 18 of CARLSBAD HIGHLANDS,in the City of Carlsbad,County of San Diego State of California,ccording td Nap thereof,No.2647.filed in the office of the &mintyMorier of said County,April 18,1950,lying Northerly ofalinewhichis parallel with and distant 150.00 feet Southerlyat right angles from the Northerly line of said Lot 18. • • I .42 • CiT •• I bp C.0 • END • • '•• •,4 .• EXHIBIT "A" ,•• Q-• 11111171171111"111114411111111"1"117111111111"1"1"1"*"1"- 7;.?:.MMY :'•. ••.•.• • „„ —,•, ••7.RECORDING RCOUESIYED BY 4"/1 CIF ....41.11tma •rrnspro MAIL TO /NNW.. AUG 24 1'370GORDONm.GAIR 12—SINASSc/o F.A.Leonard,11001C 1970Attorney,at Law wasCrottrafmommPoufriceBox276PLRedlands,California-92373 __I A.S.Gd NiiIPP WORM SPACE ABOVE THIS LINE FOR RECORDER'S USE $3.60 Affidavit—Death of Joint Tenant ,„.MIS FOAM FIJRNIINICO UY TITAI iNsOPANC1 ANC TRIM COMPANY 'TVII:OF CALM \,,,,„San Bernardino GORDON k.GAIN ,legal LW'.being rIrSi.duly .....1,alms.and sap. 11.1 MILTON m.GAIR ,lig1.111.111 1111•11(111f11•11 III the atti1011.1 rrrflfied okerliy or I ..1 11,111i,i•WILTON 1tt.GAIR hw11 II/II`10 thatrenninGrant Deed dt.1 April 5,1966 ,‘,.,„,mk GRACE C.GAIR ,„MILTON M.GAIR and GRACE C.GAIN,husband anPage 60112dwife ,,.(I.n.ilw4g \I.,789 File/inSeriesY,Aok YV”„(llIllehdlle..10...4 San Diego Oommitm I ...h.1.11mting properly •ilitated in the City of Carlsbad .I:I/11111 111 San Diego ,state of See sheet attached for legal description,reference to which description is hereby made for further particulars. As all death taxes have been paid the Inheritance Tax Appraiser's Certificate of Release of Inheritance Tax Lien will be filed concurrently herewith. willr ill all real mitt per.unnl prnprrly milted by Nthl decedent at dale 14 death.the full value yof 11111 Ina then ex.•ectl the mint of P Net required August 18,1970 X i?2 sw.....TO heron.roe -•••0 thi•dm IntILUNSI 970 .:7 •-FRANK A.LE111.4Arip 0,.Ait.Notary Public •.aittorintia Ii:•iatvutvvr .1471.PRINCIPAL OFFICE an `'AN kiLliMARUINO CVUNTY tND C.1.7 eCrnMyCommmioEnrsrapt.1.112., cll..err„nynormi Title Order Nci.or Loon No.--—— L. 11111111111111MMIMI •1. 06 • LEGAL DESCRIPTION OF RESIDENCE NUMBERED 4050 SKYLINE ROAD, CARLSBAD.CALIFORNIA -92008 Residence,numbered 4050 Skyline Road,Carlsbad,California -92008 - described as follows: PARCEL I: That portion of Lot "I"of the RANCHO AGUA HEDIONDA in the City ofCarlsbad,County of San Diego,State of California,according to MapthereofNo.823.filed in the office of the County Recorder of saidCounty,November 16,1896,described ae follows; BEGINNING at the Northeast corner of Lot 18.CARLSBAD HIGHLANDS,in the City of Carlsbad,County of San Diego,State of California,accord- ing to Mar thereof,No.2647.filed in the Office of the Recorder of maid County; thence South 87°59'10"East,along the Easterly prolongation of the Northerly line of said Lot 18,50.00 feet to the beginning of a63,u0 foot radius curve concave Northwesterly,a radial line through ::::id point bears South 87°39'10"East; tnence Southwesterly along 8:-id curve 92.14 feet,more or less,through an angle of a7°59'28",more or less,to a point on the Easter-I;line of said Lot 18; thence alone said Easterly line of said Lot 18 North 9°51'Eastfeet.more or less,to the POINT OP BEGINNING. PARCEL II: That portion of Lot 18 of CARLSBAD HIGHLANDS,in the City of Carlsbad, County of Sun Diego,State of California,according to Map thereof, No.2647.filed in the Office of the County Recorder of said County, April 18,1951,lying Northerly of a line which is parallel with andaistant.150.00 feet Southerly at right angles from the Northerly lineofsaidLot18. •ID 1-6 err ;to CO \A)•GO mommi 01111.11111.11.1MO —•—, • •••. • timer• ...Or 179633. Number • .- ut.RECORDING REQUESTED BY • Cr?'FUJR/PA011 MOOR=MOW OF 0• LAND Tall INURANCE CO.WHEN RECORDED. PLEASE MAIL TO OCT 2 MO MCC Richard W.Hill and Gmandolym 1..„H111 1st641cOons4050...Skylism Road aNaNSIA7tkOilidr......4. I. SPACE ABOVE THIS LINE FOR RECORDER'S USE • Documentary, Transfer Tax $computed onfull value of 'p peerty conveyed.(7'.(•ea •= 1.artygAstent) (Firm Name)City of Carlsbad TIANITO TAX PAOA.S.GRAY,COMM'RECORDER Grant Deed For a Valuable Consideration,the receipt of which in hereby acknowledged,do hereby GRANT to E.T•CNAHD ilitomtnalproperty$RuntalintheCounqof 2ar...Dipgra ,StmeofCalliforolkdoseribedasfollows: Portion of Lot "I"of Rancho Ague Hedionda and portion of hot 18 of Carlsbad Highlands, in the City of Carlsbad,ac more particularly described in "Exhibit A"attached hereto qnd made a part hereof,comprising 1 page: •4.; September lt 1970 COUNTY ..._.......I. STATE OF CALIFORDIEGO NIA }55.OF MN -•.Uair •September 2,1970 before me,the muter.• d;Nutary Public In and fur said Slim mrsamilly apps 4.W..x192 4.cgx.Truetee known to me be the t.ereen whnse name 1.X1.....eabscribed to the within OFFICIAL $EAL rum..a•t and knowledtted that executed the woe.c 4111.41,..,.._E.BARBARA MUMFORD• ITNESS my hand and official Beal.ARP PUBLIC •CALIFORNIA PRINCIPAL FCCtN SAN DIEGO GOWN e Wan APO;1Z 1973 •CP • forofilertalnotarial Han cn iMirraxStatmentsto:Return address above. (Name) :.11/25 (Address -Plumber, Street, City, State, and Zip Cade) 7E5C 2544 740 P.S. •• •• • -.........rausoa•imml••••...._._..-.__.-__-_---. .• .,. INiz... 1 . . — ..'...iiiileIIIIr . . /.. 71.z.....i . 14111.• - '.1 . , . . i'"EXHIBIT A" 111 PARCEL 1..: : . That portion.of Lot "I"of the Rancho Ague lledionda in the City of Carlsbad, County of San Diego,State of California,according to Map thereof No.823,filed in the office of the County Recorder of said County,November 16,1896,described as follows: Beginning at the Northeast corner of Mot 18,Carlsbad Highlands,in the CityofCarlsbad,County of San Diego,State of California,according to Map there-of .1 No.2647,filed in the office of the Recorder of said County;thence South 87'39'10" East,along the Easterly prolongation of the Northerly line of saidLot18;30.00 feet r...the beginning of a 60.00 fem.radius curve concave-Northwesterly,a radial line through said point hears South 87'39'10"East; thence Southwesterly along said curve 92.14 feet,more or less,through anangleof87'59'20",more or less,to a point on the Easterly line of said Lot 16;thence along said Easterly line of said Lot 18 North 9'51'East 60.48 feet,core or lass,to the POLNT OF BEGINNINC.. •PARCEL II: • That portion of Lot 18 of Carlsbad Highlands,in the City of Carlsbad,County 'of San Diego,State of California,according to Map thereof,NO.2647,filed Typed in the office of the County Recorder of said County,April 18,1950,lying • .8-25-70 Northerly of a lino which is parallel with and die cant 150.E0 feet Southerly 267386-I at right angles from the Northerly line of said Lot 18... • ....• Page 1 of "Exhibit A". • .. /Y4.0 • •.i..."•......1 .....,—CO ..-.....-.,.......... I CY) •C.:).N. • ....,L • . . .„ lq •. ...............- .ro...46 NAN 041010.4 —. * RECORDING RCOUESTCRBY ••,•: Oceadslde lrederal Savings...'1 '' .--i . •MAIL TAX STATCMCNT TO •... Mr.and Mrs.James C.Winslow 1 moma4-'001437 •• 4050 Skyline Drive WOMB NOM'OP'Carlsbad;Ca.92008 1,VW RellIvele TM Caea Sae DWIWHCN RECORDED MAIL TO • I—--7 JAN3 8:00 AW74.....,;same as above MICMAC OICOIBISm............,I SAN 01100 cowry. cgs.••Wirt P.MOM .. 1.L_i .mown ,.. .., RECOROCRS USE ONLY • ORDERNO.208255—j 1 '• CsCROw NO.4-2016 .'DOCUMENTARY TRANSFER TAX $O-4".oo , ---,COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, OR '.. GRANT DEED ___s_COMPUTED ON FULL VALUE LESS LIENS & ENCUMBRANCES REMAINING THEREON AT TIME OF SALE ..i(INDIVIDUAL)Signature of declarant or awl determining tax •Firm Name ' 67600 vol000roono.4 o.o.XX Coy of Carisbad Tax Parcel No.207-200-03 D. - .-. I. 207-073-05 TRANSFER TAX PAID ... HARLEY F.BLOCK RicORDP . . RICHARD W.HILL and GWENDOLYN L.HILLIc husband and wife, ., FORAVALUABLECONSIDERATION,'DO HEREBYGRAINTTO JAMES C.WINSLOW and ALICE M.WINSLOW,husband and wife as joint tenants, ..Di egotherealpropertyintheCountyofSan ',:Steeefealifornia,describeclas:.. PARCEL 1:That portion of Lot "I" of the Rancho Agua Hedionda,in the City of Carlsbad, County of San Diego,State of California,according to map thereof No.823,filed in the ' office of the County Recorder of said county,November 16,1896,described as follows:' Beginning at the Northeast corner of Lot 18,Carlsbad Highlands,in the City of Carlsbad,.. County of San Diego,State of California,according to Map thereof No.1,2647.filed in the : office of the Recorder of said County;thence South 87°39110"East,along the Easterly ,prolongation of the Northerly line of said Lot:18.50.00 feet to the beginning of a . 'k60.00 foot radius curve concave Northwes:terly,.:a radial line through said point bears .•South 87039'10"East;thence Southwesterly along said curve 92.14 feet,more or less,.,.through an angle of 87°59.28.,more or less,to a point on the Easterly line of said .Lot 18;thence 'along said Easterly line of saild Lot 18 North 9°51'East 60.48 feet, more or less,to the POINT OF BEGINNING. 1 . PARCEL 2:That portion of Lot 18 of Carlsbad Highlands,in the City of Carlsbad,County of San Diego,State of California,according to Map thereof No.2647.filed in the office . of the County Recorder of said County,April 18,1950,lying Northerly of a line which ' is parallel with and distant 150.00 feet Southerly at right angles from the Northerly line of said Lot 18.• 11 •. .. . P.• • 1!,R.._.4 L L(lewd:October 31.1973 r ..-41kA-Uc. Richard W.Hill •STATE OF CALIFORNIA 1Is.L • COUNTY„.9g San ;leg° II • .. bet ore me,the undersigned,a Notary Public in and for said 1.....‘40.i •• Richard W.Hill id ..,.,,.._...—d- a," „ .'"W././.41. '--.County and Slats, personally appeared and Gwendolyn L.Hill .d-wddolyn L.Hill .1 ,..EMI .I.--------•'.___. known to me to be the person_L....whose name s are 1 11171;1 OFPNIALINIAL 1:subscribed to the within instrument and acknowledged that .4.114.1111011Liff 74theyuedtsame.FONNSIIININGlims -vj..til 437,WITNESS my han a Ill al L c \SINWM SIM . Win___—• 1 Notary P In and for said C ty nd ate.•.ili r 1aibt414141°411..tr•......... ,\t MAI AX STATEMENT 'AS DIRECTED ABOVE • • • 11 .• ell..• •, I.• .1 • .. I .i 1--ilimionnor.--.r'•:-N .. 'I, t ••.0111.•."V 1 1 r........ 00 :DOC #2002-100794570 NOV 12 .2002 12 06 PM OFFICIAL RECORDSRECORDINGREQUESTEDBY:• SAN DIEGO COUNTY RECORDER'S OFFICE• AND WHEN RECORDED MAIL TO GREGORY J.SMITH.COUNTY RECORDER• FEES:29.00 C.TUCKER CHEADLE,ESQ.•0C OC CHEADLE,GARRETT &HEATON,LLP •._..• 4041 MacArthur Blvd.,Ste.360 • 111111111111113111111111111111111111111111NewportBeach,CA 92660 ••2002-1007945 • • • Assessor's Parcel Number:207 -073-05 &-11 : Commonly known as: 4050 Skyline Drive • Carlsbad,California 92008 • • f?-0 .11f) AFFIDAVIT —DEATH OF CO—TRUSTEE STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) I,JAMES C.WINSLOW,of legal'age,being first duly sworn, deposes and says: That ALICE M.WINSLOW,the decedent mentioned in the attached certified copy of Certificate of Death is the same person as ALICE M.WINSLOW,named as one of the parties in that certain Quitclaim Deed dated December 10,1991 executed by JAMES C.WINSLOW and ALICE M.WINSLOW to JAMES C.WINSLOW and ALICE M.WINSLOW,Trustee under Declaration of Trust dated November 15,1980,as amended and restated on July 30,1991,recorded as Document No.1991 -0660118 on December 19,1991 of Official Records of San Diego County, California,covering the following described property situated in the County of San Diego,State of California: Parcel 1:That portion of Lot "1"of the Rancho Agua Hedionda,in the City of Carlsbad,County of San Diego,State of California, according to Map thereof No.823,filed in the office of the County Recorder of said county,November 16,1896 as follows: Beginning at the Northeast corner of Lot 18,Carlsbad Highlands,in the City of Carlsbad,County of San Diego,State of California, according to Map thereof No.2647,filed in the office of the Recorder of said County;thence South 87 degrees 39 minutes and 10 1 1007/ seconds East,along the Easterly prolongation of the Northerly line of said lot 18,50.00 feet to the beginning of a 60.00 foot radius curve concave Northwesterly,a radial line through said point bears South 87 degrees 39 minutes and 10 seconds East;thence Southwesterly along said curve 92.14 feet,more or less,through an angle of 87 degrees 59 minutes and 28 seconds,more or less,to a point on the Easterly line of said lot 18;thence along said Easterly line of said Lot 18 North 9 degrees 51 minutes East 60.48 feet,more less,to the POINT OF BEGINNING. Parcel 2:That portion of Lot 18 of Carlsbad Highlands,in the City of Carlsbad,County of San Diego,State of California,according to Map thereof No.2647 filed in the office of the County Recorder of said County,April 18,1950,lying Northerly of a line which is parallel with and distant 150.00 feet Southerly at right angles from the Northerly line of said lot 18. Dated:k©(a //',2002f -4-4-LAL JAMES C.WINSLOW Subscribed and sworn to before me this day of .2002. Notary Public in and for said County and State 2 i .. i . 10079JURATAi4 -q , State of CALIFORNIA ••••.., SAN DIEGO 1 ss..?County of ..... 4 •.), q ,,,,Subscribed and sworn to (or affirmed)before mei....,KAREN STEWART 24th ,2002 ,by ,, _WIrklz,Commission*1352649 this Date day of Oct . Month Year ..9. 1 i.a.;;'.--fe Notary Pubic -California , '141/San Diego County (1)JAMES C WINSLOW $• ••--MyComm.ExpinssPor21.2006 Name of Signerfs}:9 ;,. 's.0 (2) •:. • :9Name of Signer(s) :11 :,..s 4 .Signature of Notary Public k$ 4 ! 4 .: 4 OPTIONAL 6 •:-, •,9 (.;;Though the information In this section is not required by law,it may prove valuable to persons relying on the document and could prevent ...1 4 fraudulent removal and reattachment of this form to another document.n ,. RIGHT THUMBPRINT RIGHT THUMBPRINT A A OP SIGNER n1 OF SIGNER k2';)1 Description of Attached Document Top of thumb here Top of thumb here 0,!...:. ,Title or Type of Document:AFFIDAVIT —DEATH OF CO TRUSTEE ••Document Date:Number of Pages: 6,;..4 g Signer(s) Other Than Named Above:;4. n. ? $ 4.?;,..„_e...............:_,......................,.........;.......-.........w........_......-.....................................:.A.......„..:.-Y.:<.24:•:2.•.\&!:.t!...-_.:.--/A 0 1999 National Notary Association •99:50 De Soto Ave.. P.O. Box 2402•Chatsworth, CA91313-2402 Prod. No. 5914 Reorder. Cal/Toil-Free 1-80043764627 • • DOC #2002-1007946 NOV 12.2002 12: 06 PM 111111111121111011#1111111111 OFFICIAL RECORDS SAN DIEGO TY RORDER'S RECORDING REQUESTED BY:10074 GREGORY J.COUNSE EC M COUNTY RECORDERS •FEES:11.00 James C. Winslow, Trustee •OC:OC 4050 Skyline Drive • Carlsbad, California 92008 • • • • • WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO:• • James C.Winslow, Trustee Richard J. McDowell • Barbara M. McDowell •. 4050 Skyline Drive • Carlsbad, California 92008 • • Rp DOCUMENTARY TRANSFER TAX S-0-'a?NO CASH CONSIDERATION.THIS IS A BONAFIDE GIFT 1COn AND GRANTOR RECEIVED NOTHING IN RETURN, R & T 11911. Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. klettA)‘19-eAP Signature of Declarant or AgentDetermining Tax -Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, JAMES C. WINSLOW, Trustee under Declaration of Trust dated November 15, 1980, as amended and restated on July 30,1991 does hereby REMISE, RELEASE AND FOREVER QUITCLAIMS to RICHARD J. McDOWELL and BARBARA M. McDOWELL, husband and wife, as community property with right of survivorship the real 'property in the City of Carlsbad,County of San Diego,State of California, described as: 1 —maws. e • V • •1007k• Parcel 1:That portion of Lot "1" of the Rancho Agua Hedionda, in the City of Carlsbad, County ofSan Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of said county, November 16, 1896 as follows: Beginning at the Northeast corner of Lot 18, Carlsbad Highlands, in the City ofCarlsbad, County of San Diego, State of California, according to Map thereof No. 2647, filed in the office of the Recorder of said County; thence South 87 degrees 39 minutes and 10 seconds East,along the Easterly prolongation ofthe Northerly line of said lot 18, 50.00 feet to the beginning of a 60.00 foot radius curve concave Northwesterly,a radial line through said point bears South 87 degrees 39 minutes and 10 seconds East; thence Southwesterly along said curve 92.14 feet, more or less, through an angle of 87 degrees 59 minutes and 28 seconds,more or less,to a point on the Easterly line of said lot 18;thence along said Easterly line of said Lot 18 North 9 degrees 51 minutes East 60.48 feet, more less, to the POINT OF BEGINNING. Parcel 2:That portion of Lot 18 of Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California,according to Map thereof No.2647 filed in the office of the County Recorder of said County,April 18,1950,lying Northerly of a line which is parallel with and distant 150.00 feet Southerly at right angles from the Northerly line of said lot 18. Property commonly known as:4050 Skyline Drive Carlsbad, California 92008 Assessor's Parcel Number:/207-073-05 85 -11 DATED:119(Z 4 ,2002 JAMES C. WINSLOW, Trustee STATE OF CALIFORNIA )se. COUNTY OF SAN DIEGO )• On Oct.24,,2002 before me,Karen Stewart the undersigned Notary Public in and for the State of California, personally appeared JAMES C.WINSLOW,personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. KAREN STEWART (D.‘Commission*1352649 z i..%4.;-71'i Nam Public -CaliforniaSignature of Notary my SanDiego CoApunA2008 2 ,- • ti ( 1 0 6 DOC #2002-1007947 'NOV 12 .2002 12 06 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE RECORDING REQUESTED BY:GREGORY 3.WITH.COUNTY RECORDER •FEES;11.00 Richard J. McDowell OC:OC Barbara M. McDowell • 4050 Skyline Drive 1111111Minigt111111111111INIMI1Carlsbad, California 92008 2002-1007947 • • • WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO:• • • Richard J. McDowell, Trustee • Barbara M. McDowell, Trustee • 4050 Skyline Drive • F14.Carlsbad, California 92008 • • coim DOCUMENTARY TRANSFER TAX $-0- NO CASH CONSIDERATION.THIS IS A BONAFIDE GIFT AND GRANTOR RECEIVED NOTHING IN RETURN, R & T 11911. Computed on the consideration or value of property conveyed; OR Computed on the consideration or value Iess liens or encumbrances remaining at time of sale. Mr\.9-e/r.Ato` Signature of Declarant or Agent Determining Tax -Firm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,RICHARD J.McDOWELL and BARBARA M.McDOWELL, husband and wife, as community property with right of survivorship does hereby REMISE, RELEASE AND FOREVER QUITCLAIMS to RICHARD J. McDOWELL and BARBARA M. McDOWELL, or successor Trustee, as Trustee of the McDOWELL FAMILY TRUST dated September 18,1981, formerly known as the RICHARD J.McDOWELL AND BARBARA M.McDOWELL LIVING TRUST, and amended and restated in its entirety on October 17,1990 • • 10071H the real property in the City of Carlsbad,County of San Diego,State of California, described as: Parcel 1:That portion of Lot "1" of the Rancho Agua Hedionda, in the City of Carlsbad, County ofSan Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder ofsaid county, November 16, 1896 as follows: Beginning at the Northeast corner of Lot 18, Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2647, filed in the office of the Recorder of said County; thence South 87 degrees 39 minutes and 10 seconds East, along the Easterly prolongation of the Northerly line of said lot 18, 50.00 feet to the beginning of a 60.00 foot radius curve concave Northwesterly,a radial line through said point bears South 87 degrees 39 minutes and 10 seconds East; thence Southwesterly along said curve 92.14 feet, more or less, through an angle of 87 degrees 59 minutes and 28 seconds,more or less,to a point on the Easterly line of said lot 18;thence along said Easterly line of said Lot 18 North 9 degrees 51 minutes East 60.48 feet, more less, to the POINT OF BEGINNING. Parcel 2:That portion of Lot 18 of Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2647 filed in the office of the County Recorder of said County,April 18, 1950, lying Northerly of a line which is parallel with and distant 150.00 feet Southerly at right angles from the Northerly line of said lot 18. Property commonly known as:4050 Skyline Drive Carlsbad, California 92008 Assessor's Parcel Number:207-073-05 86 -11 DATED:/4994//,2002 RICHARD J.cDOWELL BARBARA M. McDOWELL STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO On OCT.24,,2002 before me,KAREN STEWART the undersigned Notary Public in and for the State of California, personally appeared RICHARD J.McDOWELL and BARBARA M. McDOWELL, personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal..KAREN STEWART :2010.7..Z_Commission 0 1352849 Notary Public -California San Diego County Signature of Notary My Corm. Bcpires Apr 21,2008 2 _...... . ,DOC #2010-0579821., .. I 11111111111 11111 111111 11111 1 1111 11111 11111 1111111111 HI III1z Ite RECORDING REQUESTED BY:OCT 27, 2010 11:32..AM \'C.TUCKER CHEADLE, A LAW •SAN DIEGO DAVID .L.BUTLER, COUNTY RECORDER i CORPORATION O1. • FEES: C: OCFOFUI CNI ATYL RR EECCOORRDD 'S OFFICE 22.0C SER0 O .'•.. WHEN RECORDED MAIL TO AND PAGES:.i . -3 MAIL TAX STATEMENTS TO: 1110 IMMNIENIVIIIIIMINIIIIMER11111111 DAVID J. MCDOWELL ••. 4050 SKYLINE ROAD •. CARLSBAD, CALIFORNIA 92008 •.129 4 8 DOCUMENTARY TRANSFER TAX$-O-This conveyance establishes sole and separate property of a spouse. R&T 11911. Computed on the consideration or value— of property conveyed; OR •C.us .,..g.••the :-'.eration or value_flip f remaining at •.Signature of Declarant or Agent Determining Tax -Firm Name •APN:207-073-05/11 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,ANNA MCDOWELL,spouse of Grantee herein,does hereby REMISE,RELEASE AND FOREVER QUITCLAIM to DAVID J.MCDOWELL,a married man,as his sole and separate property,the real property in City of Carlsbad, County of San Diego, State of California, described as: LEGAL DESCRIPTION IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "A." It is the express intent of the Grantor,being the spouse of the Grantee, to convey all right, title and interest of the Grantor, community or otherwise, in and to the herein described property to the Grantee as his sole and separate property. Property commonly known as:4050 Skyline Road, Carlsbad, California 92008 N-1.ADATED:,2010 ANNA MCDOWELL 1 • •• • •a • EXHIBIT "A" LEGAL DESCRIPTION 12949 PARCEL 1: That portion of Lot "1"of the Rancho Agua Hedionda,in the City of Carlsbad,County of San Diego,State of California,according to Map thereof No. 823, filed in the office of the County Recorder of said county, November 16, 1896, as follows: Beginning at the Northeast corner of Lot 18,Carlsbad Highlands, in the City of Carlsbad, County of San Diego,State of California,according to Map thereof No.2647,filed in the office of the Recorder of said County;thence South 87 degrees 39 minutes and 10 seconds East,along the Easterly prolongation of the Northerly line of said Lot 18, 50.00 feet to the beginning of a 60.00 foot radius curve concave Northwesterly,a radial line through said point bears South 87 degrees 39 minutes and 10 seconds East;thence Southwesterly along said curve 92.14 feet, more or less, through an angle of 87 degrees 59 minutes and 28 seconds, more or less, to a point on the Easterly line of said Lot 18;thence along said Easterly line of said Lot 18 North 9 degrees 51 minutes East 60.48 feet, more or less, to the Point of Beginning. PARCEL 2: That portion of Lot 18 of Carlsbad Highlands,in the City of Carlsbad, County of San Diego,State of California, according to Map thereof No.2647 filed in the office of the County Recorder of said County, April 18,1950, lying Northerly of a line which is parallel with and distant 150.00 feet Southerly at right angles from the Northerly line of said Lot 18. • .........,,._.........,-_..___ ... .... ....... . 12950STATE OF CALIFORNIA . COUNTY OF SAN DIEGO On &..pti_ral)Thp 23 ,2010,before me,Michaele. Nercler , the undersigned Notary Public in and for the State of California,personally appeared ANNA MCDOWELL who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • Yil,_r__Y)41i_ist )illiLd-.01) Notary Public 4..--r MICHAELE HERDER C:...%'.ommIs3lon #17070111i;.Notary Public -CaliforniaN.. - ,,,,,r Son Diego COunly Cann NW 2010 I -• • ... .DOC #2010-0579822 •. 11111111311110 11111 0111 11111 ME 1111111111 MEM IIIII 11111111 RECORDING REQUESTED BY:OCT 27, 2010 11:32 AMz.•.OFFICIAL RECORDS • rif C. TUCKER CHEADLE, A LAW SAN DIEGO COUNTY' RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER ' • CORPORATION I/WHEN RECORDED MAIL TO ANDIlk' FEES: OC: 22.00 OC . •• PAGES:....3 MAIL TAX STATEMENTS TO:ININIIIIIMMIN1111111111111111111111111111111111111111111111• DAVID J. MCDOWELL '•. 4050 SKYLINE ROAD • . CARLSBAD, CALIFORNIA 92008 •.12951. DOCUMENTARY TRANSFER TAXS-0-Bonafide Gift. Grantors received nothing in return.Re4T 11911. Computed on the consideration or value_ of property conveyed; OR Comp rn do ••,•••tion or value—I...•r orances re •aining at ••••..,,< me o :\k 'ixAi..-•.....000 . Signature o Dec arant or ‘.n Determining Tax -Firm Name APN:207-073-05/11 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,RICHARD J.MCDOWELL and BARBARA M.MCDOWELL,or successor Trustee, as Trustee of the McDowell Family Trust dated September 18,1981, do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to DAVID J.MCDOWELL,a married man,as his sole and separate property,the real property in the City of Carlsbad,County of San Diego,State of California, described as: LEGAL DESCRIPTION IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "A." Property known as:4050 Skyline Road, Carlsbad, California 92008 DATED:9/2-.3 ,2010 etlio.uath6•A/c rivsae.- RICHARD J.CDOWELL,rustee Yeltlz/7e/A— ARBARA M. MCDOWELL, "Trustee —-- ., EXHIBIT "A" .• •LEGAL DESCRIPTION PARCEL 1: That portion of Lot "1"of the Rancho Agua Hedionda,in the City of -- Carlsbad, County of San Diego,State of California, according to Map theredr -•— No. 823, filed in the office of the County Recorder of said county, November 16, 1896, as follows: Beginning at the Northeast corner of Lot 18,Carlsbad Highlands, in the City of Carlsbad,County of San Diego,State of California,according to Map thereof No.2647,filed in the office of the Recorder of said County;thence South 87 degrees 39 minutes and 10 seconds East,along the Easterly prolongation of the Northerly line of said Lot 18, 50.00 feet to the beginning of a 60.00 foot radius curve concave Northwesterly,a radial line through said point bears South 87 degrees 39 minutes and 10 seconds East;thence Southwesterly along said curve 92.14 feet, more or less, through an angle of 87 degrees 59 minutes and 28 seconds, more or less,to a point on the Easterly line of said Lot 18;thence along said Easterly line of said Lot 18 North 9 degrees 51 minutes East 60.48 feet, more or less, to the Point of Beginning. PARCEL 2: That portion of Lot 18 of Carlsbad Highlands,in the City of Carlsbad, County of San Diego,State of California,according to Map thereof No.2647 filed in the office of the County Recorder of said County, April 18,1950,lying Northerly of a line which is parallel with and distant 150.00 feet Southerly at right angles from the Northerly line of said Lot 18. • • • • • STATE OF CALIFORNIA 12953 COUNTY OF SAN DIEGO On 09 -23 ,2010,before me,M ichaele)Herder ,the undersigned Notary Public in and for the State of California,personally appeared RICHARD J.MCDOWELL and BARBARA M.MCDOWELL,who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signature on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MICHAEL. NIROIR.. ,`Commission •170701$ I 'Notary Public •Callionga" A"/Ian 01.90 County No blic • D 0 C if 2011 -0202635 LSE I, DE PR P S G L SOLUTIONS LENDER \IIIIIIIII1111111111111111111111111111111111111111111111111111PROCESSING SERVICES • Recording Requested By:APR 19, 2011 8:00 AM 18 5 3OFFICIAL RECORDS CMG MORTGAGE, INC.SAN DIEGO COUNTY RECORDER'S OFFICE 3160 CROW CANYON ROAD, SUITE 400 Ernest J. Dronenbutg, Jr., COUNTY RECORDER • 00SAN RAMON, CALIFORNIA 94583 FEES:60. DA:1Attn.:Shipping Dept/Document Control PAGES:15 And When Recorded Mail To:I11IIIIIINIIINIIl1lIIIIIIINIIIIINHININI01111101 IINIIINIIIIIIIE101CMG MORTGAGE, INC. 3160 CROW CANYON ROAD, SUITE 400 SAN RAMON, CALIFORNIA 94583 Attn.:Shipping Dept/Document Control 11313169 -1A/ [Space Above This Line For Recording Data] MIN:1000724-0000044763-4 MERS TELEPHONE:(888)679- 6377 DEED OF TRUST (Securing Future Advances) Borrower has established a line of credit ("Line of Credit") with Lender as evidenced by Borrower's CMG Home Ownership Accelerator Line ofCredit Agreement and Disclosure Statement dated the same date as this Security Instrument,and all renewals,extensions,modifications,replacements and substitutions thereof (collectively,the "Agreement").Lender has agreed to make advances to Borrower under the terms of the Agreement.Such advances shall be of a revolving nature and may be made,repaid and remade from time to time.Borrower and Lender contemplate a series of advances to be secured by this Security Ihstrument.The total outstanding principal balance owing at any one time under the Agreement (not including charges and collection costs which may be owing from time to time) shall not exceed Five Hundred Sixty Eight Thousand Four Hundred And 00/100 United States Dollars ($568,400.00) plus interest thereon (the "Credit Limit").That sum is referred to in the Agreement as the Credit Limit.The entire indebtedness under the Agreement,if not paid earlier,is due and payable on April 25, 2041 or on such later date as may be permitted by Lender in writing, or at such earlier date in the event such indebtedness is accelerated in accordance with the terms of the Agreement and/or this Security Instrument. DEFINITIONS (A)Words used in multiple sections of this Security Instrument are defined below and other words are defined in Sections 3,10,12,17,19, and 20.Certain rules regarding the usage ofwords used in this Security Instrument are also provided in Section 15. (B)"Security Instrument"means this Deed of Trust,which is dated April 12,2011,together with all Riders to this document. (C)"Borrower"is DAVID J.MCDOWELL, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY.Borrower is the trustor under this Security Instrument. (D)"Lender"is CMG MORTGAGE,1NC., a corporation organized and existing under the laws of the State of CALIFORNIA.Lender's address is 3160 CROW CANYON ROAD, SUITE 400, SAN RAMON, CALIFORNIA 94583. (E)"Beneficiary"is Lender. (F)"Trustee"is LSI TITLE COMPANY. (G)"MERS"is Mortgage Electronic Registration Systems, Inc.MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns.MERS is the beneficiary under Loan No:91506239 California Line of Credit Deed of Trust 00022136:1}Page 1 of 14 cmgcahe 1854 this Security Instrument.MFRS is organized and existing under the laws ofDelaware, and has an address and telephone number ofP.O. Box 2026, Flint,Ml 48501-2026, tel.(888) 679-MERS. (H)"Agreement"means the CMG Home Ownership Accelerator Line ofCredit Agreement and Disclosure Statement signed by Borrower and dated April 12, 2011.The Agreement states Lender has agreed to make advances to Borrower under the terms of the Agreement, such advances to be of a revolving nature.The total outstanding principal balance owing at any one time under the Agreement (not including charges and collection costs which may be owing from time to time under the Agreement) not to exceed the Credit Limit of Five Hundred Sixty Eight Thousand Four Hundred And 00/100 United States Dollars ($568,400.00) plus interest. Borrower has promised to pay the total outstanding balance in Periodic Payments and to pay the entire debt in full not later than April 25, 2041. (I)"Property"means the property that is described below under the heading "Transfer of Rights in the Property." ())"Account"means the debt evidenced by the Agreement, plus interest, any other charges due under the Agreement, and all sums due under this Security Instrument, plus interest. (K)"Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower [check box as applicable]: []Condominium Rider []Other(s) [specify] []Planned Unit Development Rider (L)"Applicable Law"means all controlling applicable federal,state and local statutes,regulations, ordinances and administrative rules and orders (that have the effect of law)as well as all applicable final, non- appealable judicial opinions. (M)"Community Association Dues,Fees,and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (N)"Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account.Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (0)"Escrow Items"means those items that are described in Section 3. (P)"Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5)for:(i) damage to, or destruction of, the Property;(ii)condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or (iv) misrepresentations of,or omissions as to,the value and/or condition ofthe Property. (Q)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Agreement and the Account. (R)"Periodic Payment"means the amount due from Borrower to Lender each month for (i) principal and/or interest under the Agreement, and all late charges and other charges provided herein or authorized by the Agreement, plus (ii)any amounts under Section 3 ofthis Security Instrument. (S)"RESPA"means the Real Estate Settlement Procedures Act (12 U.S.C.§2601 et seq.)and its implementing regulation, Regulation X (24 C.F.R. Part 3500),as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.As used in this Security Instrument, "RESPA" refers to the escrow account requirements and restrictions that are imposed in regard to a "federally related mortgage loan"even if the Agreement and the Account do not qualify as a "federally related mortgage loan" under RESPA. Loan No:91506239 California Line of Credit Deed of Trust 0002213611 Page 2 of 14 1855 (T)"Successor in Interest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Agreement and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (a) the prompt repayment ofthe Account evidenced by the Agreement, and all renewals, extensions and modifications of the Agreement, with interest thereon at the rate provided in the Agreement; (b) the payment of all other sums due under the Agreement, with interest thereon at the rate provided in the Agreement, (i) advanced to protect the security ofthis Security Instrument,(ii)incurred by Lender in connection with the enforcement of its rights under this Security Instrument and/or the Agreement, and/or (iii)required to be paid as set forth herein or in the Agreement; and (c) the performance of Borrower's covenants and agreements under this Security Instrument, the Agreement and any prior mortgage or deed of trust. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described real property located in the city of CARLSBAD,county of SAN DIEGO,State of California,as more particularly described in Exhibit "A"attached hereto and made a part hereof, which property has the street address of 4050 SKYLINE ROAD, CARLSBAD, CALIFORNIA 92008 ("Property Address"), together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All ofthe foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances ofrecord. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal,Interest and Other Charges.Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Agreement and if allowable under Applicable Law, any prepayment charges,late charges and other charges due under the Agreement.Payments due under the Agreement and this Security Instrument shall be made in U.S.currency.However,if any check or other instrument received by Lender as payment under the Agreement or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Agreement and this Security Instrument be made in one or more of the following forms,as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality, or entity; or (d) Electronic Funds Transfer. 2.Application of Payments or Proceeds.Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority:(a) amounts due under this Security Instrument to secure the amounts advanced under the Account to protect Lender's security; (b) any escrow payments under Section 3 of this Security Instrument,if Lender requires such payments; (c) any late charges; (d) any other fees and charges other than finance charges; (e) accrued and unpaid finance charges due under the Agreement; and (f) any unpaid principal balance due under the Agreement. Loan No:91506239 California Line of Credit Deed of Trust 00022136:1)Page 3 of 14 • --— • 1856IfLender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received fromBorrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Agreement. Any application ofpayments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Agreement shall not extend or postpone the due date, or change the amount ofthe Periodic Payments. 3.Funds for Escrow items.Borrower shall not pay to Lender, unless required by Lender and subject to Applicable Law, on the days Periodic Payments are due under the Agreement, until the Account ispaid in full,a sum (the "Funds") to provide for payment ofamounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b) leasehold payments or ground rents on the Property,ifany; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items."At origination or at any time during the term of the Agreement, Lender may require that Community Association Dues,Fees,and Assessments,if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.Borrower shall promptly furnish to Lender all noticesofamounts to be paid under this Section.Borrower shall not pay Lender the Funds for Escrow Items unlessLender requires Borrower to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender the Funds for any or all Escrow Items at any time.Any such waiver may only be inwriting.In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment ofFunds has been waived by Lender and,if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase "covenant and agreement" is used in Section 9.IfBorroweris obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amountdueforan Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.Lender may revoke the waiver as to anyor all Escrow Items at any time by a notice given in accordance with Section 1.5 and,upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can requireunder RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates ofexpenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender,if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specifiedunder RESPA.Lender shall not charge Borrower for holding and applying the Funds, annually analyzing theescrowaccount,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds andApplicable Law permits Lender to make such a charge.Unless an agreement is made in writing or ApplicableLaw requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing, however, that interest shall be paid on theFunds.Lender shall give to Borrower,without charge,an annual accounting of the Funds as required byRESPA.If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account toBorrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined under RESPA to mean the amount by which a current escrow balance falls short ofthe target balance at Loan No:91506239 California Line of Credit Deed of Trust 00022136:1)Page 4 of 14 1857 the time of escrow analysis, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA to mean the amount ofthe negative balance in the escrow account, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender.Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender.If under Section 21 the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 4.Charges;Liens.Borrower shall perform all of Borrower's obligations under any mortgage, deed oftrust, or other security agreement with a lien which has priority over this Security Instrument.Borrower shall pay when due, all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees, and Assessments,if any.To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien other than a lien disclosed to Lender in Borrower's application or in any title report Lender obtained which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder ofthe lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with the Agreement, the Account and this Security Instrument,if allowed under Applicable Law. 5.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including,but not limited to,earthquakes and floods,for which Lender requires insurance.This insurance shall be maintained in the amounts (including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Agreement.The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably.Lender may require Borrower to pay, in connection with the Agreement, the Account and this Security Instrument, either: (a) a one-time charge for flood zone determination,certification and tracking services;or (b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the reviewof any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect.Borrower acknowledges that the cost ofthe insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have Loan No:91506239 California Line of Credit Deed of Trust 00022136 I Page 5 of 14 18584- obtained.Any amounts disbursed by Lender under this Section 5,shall be added to the unpaid balance of the Account and interest shall accrue at the rate set forth in the Agreement, from the time it was added to the unpaid balance until it is paid in full. Subject to Applicable Law, all insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Agreement,up to the amount of the outstanding Account balance. Lender shall have the right to hold the policies and renewal certificates.If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage not otherwise required by Lender, for damage to, or destruction of the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Agreement and the Account, up to the amount of the outstanding Account balance. In the event ofloss, Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree in writing, and subject to the rights ofany holder ofa mortgage, deed oftrust, or other security agreement with a lien which has priority over this Security Instrument, any insurance proceeds, whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect the Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds.Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out ofthe insurance proceeds, and shall be the sole obligation of Borrower.Subject to the rights of any holder of a mortgage, deed of trust, or other security agreement with a lien which has priority over this Security Instrument,if the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess,if any,paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Lender believes that Borrower has abandoned the Property, Lender may file, negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given.In either event, or if Lender acquires the Property under Section 21 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Agreement, the Account or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund ofunearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property.Subject to the rights ofany holder ofa mortgage, deed oftrust, or other security agreement with a lien which has priority over this Security Instrument, Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Agreement, the Account or this Security Instrument, whether or not then due. 6.Preservation, Maintenance and Protection of the Property;Inspections.Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition.If the Property is damaged, unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds Loan No:9t506239 California Line of Credit Deed of Trust 00022136:1)Page 6 of 14 1859 are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series ofprogress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved ofBorrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property.If it has reasonable cause,Lender may inspect the interior of the improvements on the Property.Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 7.Borrower's Credit Application.Borrower shall be in default if, during the credit application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information)in connection with the Agreement,the Account and this Security Instrument.Material representations include,but are not limited to,representations concerning Borrower's occupancy ofthe Property as Borrower's principal residence. 8.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,probate,for condemnation or forfeiture, for enforcement of a lien which has or may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Lender believes that Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property.Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has or may attain priority over this Security Instrument;(b)appearing in court;and (c)paying reasonable attorney's fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions,and have utilities turned on or off. Although Lender may take action under this Section 8,Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 8. Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower secured by this Security Instrument if allowed under Applicable Law.These amounts shall bear interest at the rate set forth in the Agreement from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. IfBorrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 9.Mortgage Insurance.Mortgage Insurance reimburses Lender (or any entity that purchases the Agreement and the Account)for certain losses it may incur if Borrower does not repay the Account as agreed.Borrower is not a party to the Mortgage Insurance. If Lender required Mortgage Insurance as a condition of entering into the Agreement and establishing the Account, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. 10.Assignment of Miscellaneous Proceeds;Forfeiture.The Miscellaneous Proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking ofthe Property, or any part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. Loan No:91506239 California Line of Credit Deed of Trust 00022136: Il Page 7of14 1860 If the Property is damaged and ifthe restoration or repair is economically feasible and Lender's security is not lessened, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property.During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series ofprogress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,ifany, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. If Lender believes that the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, then Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due."Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture ofthe Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,if acceleration has occurred, reinstate as provided in Section 18,by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture ofthe Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 11.Borrower Not Released; Forbearance By Lender Not a Waiver.Extension ofthe time for payment or modification of amortization,if applicable,of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization,if applicable,of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 12.Joint and Several Liability; Co-signers; Successors and Assigns Bound.When Borrower (as that term is defined above) includes more than one person, Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who co-signs this Security Instrument but does not execute the Agreement (a "co-signer"): (a)is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument; and (c)agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms ofthis Security Instrument or the Agreement without the co-signer's consent. Subject to the provisions of Section 17,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument.Borrower shall not be released from Borrower's obligations Loan No:91506239 California Line of Credit Deed of Trust 00022136:1}Page 8 of 14 __ 1861 and liability under this Security Instrument unless Lender agrees to such release in writing.The covenants and agreements of this Security Instrument shall bind (except as provided in Section 19)and benefit the successors and assigns ofLender. 13.Account Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,as allowed under Applicable Law, including, but not limited to, attorneys'fees,property inspection and valuation fees.In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender shall have the authority to impose additional fees and charges to perform services requested by or on behalf of Borrower, or to otherwise administer and service the Agreement and the Account.The additional fees and charges may include administrative costs incurred by Lender and/or in reimbursement ofpayments made by Lender to third parties.Such fees and charges may include,without limitation,any and all costs or fees associated with the origination and/or servicing of such Agreement and the Account,document copy or preparation fees, transmittal, facsimile or delivery fees, reconveyance and release fees, property inspections and returned check or insufficient funds charged in connection with payments made by or on behalf of Borrower under the Agreement and all other such fees for ancillary services performed by Lender for Borrower or at Borrower's request or for services necessitated by or resulting from Borrower's default or malfeasance relating to this Security Instrument or the Agreement or incurred by Lender or assessed upon Borrower pursuant to the provisions ofthis Security Instrument or the Agreement.Such fees and charges shall be secured by this Security Instrument up to the amount of the Credit Limit and,unless Borrower and Lender agree to other terms of payment, shall bear interest from the date assessed by Lender at the rate stated in the Agreement, and in effect from time to time,and shall be payable, with interest, immediately following written demand from Lender to Borrower requesting payment thereof.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.The absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. If either the Agreement or the Account is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other charges collected or to be collected in connection with the Agreement and the Account exceed the permitted limits, then:(a)any such charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to Borrower, which Lender may accomplish by reducing the principal owed under the Agreement or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Agreement).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower may have arising out ofsuch overcharge. 14.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise.The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptly notify Lender of Borrower's change ofaddress.If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure.There may be only one designated notice address under this Security Instrument at any one time.Any .notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also Loan No:91506239 California Line of Credit Deed of Trust 00022136:1)Page 9 of 14 -- Nompoiromear• • 1862 required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 15.Governing Law;Severability;Rules of Construction.This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract.In the event that any provision or clause of this Security Instrument or the Agreement conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Agreement which can be given effect without the conflicting provision. As used in this Security Instrument:(a)words of the masculine gender shalt mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 16.Borrower's Copy.Borrower shall be given one copy of the Agreement and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 17, "Interest in the Property"means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the transfer of title by Borrower at a future date to a purchaser. If all or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender ifsuch exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18.Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this Security Instrument.Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Agreement as if no acceleration had occurred;(b) cures any default of any other covenants or agreements;(c) pays all expenses incurred in enforcing this Security Instrument,as allowed under Applicable Law; and (d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more ofthe following forms,as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity; or (d) Electronic Funds Transfer.Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.However, this right to reinstate shall not apply in the case of acceleration under Section 17. 19.Sale of the Agreement and the Account; Change of Loan Servicer; Notice of Grievance. The Agreement and the Account, or a partial interest in the Agreement and the Account (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Agreement and this Security Instrument and performs other mortgage loan servicing obligations under the Agreement, this Loan No:91506239 California Line of Crtdit Deed ofTrost 00022136:1}Page 10of 14 a 18632 Security Instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Agreement and the Account.Ifthere is a change ofthe Loan Servicer,ifrequired under Applicable Law, Borrower will be given written notice ofthe change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.If the Agreement and the Account are sold and thereafter the Agreement and the Account are serviced by a Loan Servicer other than the purchaser of the Agreement and the Account, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the purchaser of the Agreement and the Account unless otherwise provided by the purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 14)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 19,The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Section 19. 20.Hazardous Substances.As used in this Section 20:(a)"Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials;(b) "Environmental Law"means federal laws and laws ofthe jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action,or removal action,as defined in Environmental Law;and (d)an "Environmental Condition"means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence,use,disposal,storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence, use, or storage on the Property ofsmall quantities ofHazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,including,but not limited to,any spilling,leaking,discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns, or is notified by any governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: Loan No:91506239 California Line of Credit Deed of Trust 00022136:1)Page 11 of 14 • 1864 21.Events of Default; Acceleration; Remedies.The occurrence of any one or more of the following events shall, at the election of Lender, constitute an "Event of Default," and shall entitle Lender to terminate the Agreement and the Account and accelerate the indebtedness secured hereby:(a)any Borrower engages in fraud or material misrepresentation, whether by action or omission, in connection with any phase of the Agreement;(b)Borrower fails to meet the repayment terms set forth in the Agreement;or (c)Borrower's action or inaction adversely affects the Property or Lender's security interest, including, but not limited to, Borrower's actions or omissions that constitute "Events of Default" under the Agreement, or Borrower's failure to perform any material covenants or agreements contained in this Security Instrument. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 17 unless Applicable Law provides otherwise).The notice shall specify: (a) the default; (b) the action required to cure the default; (c)a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, including, but not limited to, reasonable attorneys'fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law.Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law.After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place ofany previously scheduled sale.Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,expressed or implied.The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following order (a) to all expenses of the sale,including, but not limited to,reasonable Trustee's and attorneys'fees;(b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22.Reconveyance.Upon request from Borrower and upon payment of all sums secured by this Security Instrument,Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes and agreements evidencing debt secured by this Security Instrument to Trustee.Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it.Lender may charge such person or persons a reasonable fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law.If the fee charged does not exceed the fee set by Applicable Law, the fee is conclusively presumed to be reasonable. 23.Substitute Trustee.Lender, at its option, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county in which the Property is located.The instrument shall contain the name of Loan No:91506239 California Line of Credit Deed of Trust 00022136:1)Page 12 of 14 ti • 1865 the original Lender, Trustee and Borrower, the book and page where this Security Instrument is recorded and the name and address of the successor trustee.Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by Applicable Law.This procedure for substitution oftrustee shall govern to the exclusion of all other provisions for substitution. 24.Statement of Obligation Fee.Lender may collect a fee not to exceed the maximum amount permitted by Applicable Law for furnishing the statement of obligation as provided by Section 2943 ofthe Civil Code of California. 25.Obligation to Advance.Lender's obligation to advance funds to Borrower upon and subject to the terms stated in the Agreement after receipt of a Credit Line Check or other request for an advance made in accordance with the Agreement shall be obligatory. 26.Request for Notice of Default and Sale.In accordance with Section 2924b,Civil Code, request is hereby made that a copy ofany notice of default and a copy of any notice of sale under the deed of trust (or mortgage)recorded on in Book at page or as instrument no.of the records of SAN DIEGO County,California,executed by DAVID J.MCDOWELL,A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY in which ,is •named as beneficiary (or mortgagee)and as trustee be mailed to Lender at Lender's address shown above. Loan No:91506239 California Line of Credit Deed of Trust 00022136:1)Page 13 of 14 1866 REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR • MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Security Instrument to give notice to Lender,at Lender's address set forth on page two of this Security Instrument,of any default under the superior encumbrance and of any sale or other foreclosure action. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any Rider executed by Borrower and recorded with it. .02,/(Signet )VID J.MCDOWELL (ate) [Space Below For Acknowledgement] State of California ss.County of 54.1 it -0 On it6.4.3,22...before me,14/of 141141/3 -rbry gr:1 personally app red A ID J.MCDOWELL who proved to me on the basis of satisfactory evidence be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 212VA" MOMS W. WALSH (Seal) Camilsolantio.18363011dTART PUNUC-CALW.ORNIA\/CAN INT930 COUNTY ColurisionprONN 13,201)j Loan No:91506239 California Line of Credit Deed of Trust 00022136:1}Page 14 of 14 I • V Order No.11313104• LEGAL DESCRIPTION 1867 Exhibit A The following described property: Parcel I; That portion of Lot "I" of the Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No.823, filed in the Office of the County Recorder of said County, November 16,1896, described as follows: Beginning at the Northeast corner of Lot 18, Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2647, filed in the Office of the Recorder of said County; thence South 87 deg. 39' 10" East, along the Easterly prolongation of the Northerly line of said Lot 18, 50.00 feet to the beginning of a 50.00 foot radius curve concave Northwesterly,a radial line through said point bears South 87 deg. 39' 10" East; thence Southwesterly along said curve 92.14 feet, more or less, through an angle of 87 deg.59' 28", more or less, to a point on the Easterly line of said Lot 18; thence along said Easterly line of said Lot 18 North 9 deg. 51' East 60.48 feet, more or less, to the point of beginning. •Parcel II: That portion of Lot 18 of Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No.2647, filed in the Office of the County Recorder of said County, April 18,1950, lying Northerly of a line which is parallel with and distant 150.00 feet Southerly at right angles from the Northerly line of said Lot 18. Assessor's Parcel No:207-073-05-00 CLTA Preliminary Report Form -Modified (11/17/06)Page 2 of 5