Loading...
HomeMy WebLinkAboutHDP 88-20; SALGUEIRO; Hillside Development Permit (HDP)• Cit y of Carlsbad 2 Carlsbad, CA 92009 C 075 Las Palmas Drive (619) 438-1161 PLANNING DEPARTMENT HILLSIDE DEVELOPMENT PERMIT APPLICATION FORM Complete Description of Project (attach additionI sheets if necessary 1Po%D 4/E 14A4l,L( k 464yu0 , ne Single Family Home: o Charg€ All Other Applications Based on Project Site Size: 0 - 1 Acres 50.00 0 - 10 Acres 100.00 10 - 100 Acres 200.00 100 Acres 400.00 Location of Project Permit/File Numbers Associated with this Project '5u14L i3j1t,tt 41?J<04 ?bA Legal Description (complete) WI 704 L/ om Mioo v& TAI r - Local Facility Management Zone Assessors Parcel Number Zone General Plan Existing Land Use Proposed Zone Proposed General Plan Site Acreage tz-.1 L.1l'3 M Owner Applicant Name (Print pr Type) Name (Print or Type) J°4'1 '&L%.tzo kt\1 L*j -6iVIL. J1?S11 Mailing Address Mailing Address tlko WWWAVP4 kV oi l City and State Zip Telephone City and State Zip Telephon€ j 'oZ4 -O91' 'L&* 'UAi, e fo'jq 4?3-7 I CERTIFY THA1 I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KN DGE. DATE T4 DATE ~ J Xv, Fees Re RL&f No. t p ti e on Received y PROJECT NUMBER (S) //Jp S DISCLOSURE FORM Mw APPLICANT: U5LJ155 maaress £- o'p Telephone Number AGENT: - &lViL 0144 1 MEMBERS: Name PZ1 tL. H'N (')!. 47j Business Address 41 Telephone Number Name (individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. AM 4~&vzo APPLICANT BY%21 / Aner, Partner POOR QUALITY ORIGINAL (S) VW I ri~ L - 662 ,J8 2653?! - 01 3-11 FRI SPACE ABOVE THIS LINE FOR RECORDERS USE CALIFORNIA COAST TITLE Illocording A.qu..S.d By AND WHEN RECORDED MAIL THIS DEED AND TAX ST4'EMENI TO' r Joseph A. and Lorraine M. Salgueiro 4460 Heritage Glen Drive San Diego, CA 92130 L ASSESSORS PARCEL NO ESCROW NO, _852 -R TITLE ORDER NO 222a2_ - GRANT DEED The undersigned grantor(s) declare(s) Documentary transfer tax is$ 286.00 yyj ) Computed on full value of property conveyed, or computed on lull value less value of liens and encumbrances remaining at time of sale Unincorporated area: ( xxx ) City of jdrfia4_-------------and By this instrument dated June 1 • 1988 for a valuable consideration. FRANK S. ){4STREET and MARLENE L. HENSTREET, husband and wife hereby GRANTS to JOSEPH A. SALGUEIRO and LORRAINE N. SALCUEIRO, husband and wife as Joint tenants the following described real properly in the State of California, County of San Diego Lot 704 of LA COSTA MEADOWS UNIT NO. 4, in the City of Carlsbad. County of San Diego, State of California. according to Map thereof No. 7367, filed In the Office of the County Recorder of San Diego County, July 19, 1972. STATE OF CALIFORNIA : L . ii nw. 1W FRANK undiraignid, 5-$bia,y Puø$C in and lox said Cow" -. personally — 7 ________ ______ lox pxoid E in* on ISe ni of / .v,dencel to B. ISe pc5on(1) wtIosS nan*$I 1),1 scst,.d to the wiEun ,nstfljiflani and ackflOa4.dQ thai ________ executed the same / 7 —-v / coC ii I IF I QUETEDT - 663 88 265372 .17- p COAST TaLE jiiRECORDED MAlI. TO S88 Ju:i -3 Fn 3: 31 Carlsbad, CA 92009 AR 1.00 toilet Trti.t Deed and AMitnment , ,, 5AG 1.00 ESCROW NO. 8523-R T.Q. NO. 22239 L...__ SPACE ABOVE THIS LINE FOR RECORDER'S USE THIS DEED OF TRUST, rnde this second day of June 1988 , between JOSEPH A. SALGUEIRO and LORRAINE N. SALGUEIRO, husband and wife, - - - - - - herein called TRUSrOR, whose address is 4460 Heritage Glen Drive, San Dieso, CA 92130 WESTERN MUTUAL CORPORATION, a California corporation, herein called T sTga, and FRANK S. H1STREET and MARLEME L. HEMSTREET, husband and wife, as community property, - herein called BENETICIASY, Wtn.ss.th That Trust,or IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH I'OWF.l OF su.z, that property in City of Carlsbad, San Diego County, California. described as: Lot 704 of LA COSTA MEADOWS UNIT NO. 4, according to Map thereof No. 7367, filed in the Office of the County Recorder of San Diego County, July 19, 1972. DIEV IbtrJ 10 IlAr8N /ZbMfiREJ Af I L tLO1 I1LMf9I MfIflJ MAY/ MMV 1114/ ZLitTr4 I FJ I/X14f1SJY /1E4/n/ 1'I14Y II .CO1lYWI /SI4tfl/ IIXI /INt1 icib'I L)i1c PItfl /'tfiN I'Mt./ iW/ E,.O4I A'EW bV / LIMA/ flTMMY / LUMJ1'DL This Deed of Trust is given and accepted as a portton of the purchase price of the property herein described. T'O(ETHER WITH the rents, issues and profits th,.rro(. StIflIf ('1 HOW F.VER. to the t:eht power anti ,tuthontv given to and conferred upon Denrlieiary by paragrapo (10) of the provtaon ,neorp'trated herein by retereros In collect and apply such r,ntt. taut, and profits. For the Purpose of Securing: I Performance of each agreement of Trustee incorporated li) reference or contained herein. 2 Payment ot the indebtedneea evidenced by one prnoneeory note 'f even date herewith, and any eato'nwoft or rerw'w.l thersc4. in (he principal sum of 3 100,000.00 etecoted by Trotter in (ao',r if Beneficiary or order 3 Paymer,: of such further turns as the then record owner oil said property hereafter may borrow fro Beneficiary. when evidenced by another nots foe notes) reciting it a so secured. To Protect the Security of This Deed of Trust. Trustor Agrees: By the eaecvt,oa and delivery of this Deed of Trot) and the note secured hereUto. that provialtin. (t) to 4t. mnc -(ue,ve. of the fictitious deed of trust recorded in Santa B&rbsri ('oontv October 18. 1961. and in all other counties October 23. 1961, In the bo,k and at the .age it Oftiri.aI Records in the office of hi' county recorder of the county where ,aid property is located, noted below oppo.ml,' the na,oe of ,uch county. OIL.: COUNT! ROOK PACK COUNTY lOGS tACKCOUtIT taos ,00a teal Rif ta Os..,. l, iil i I..S.,d,.. Sti ii 5*. tw5... Ion to La, Acq.l.i 1205 5 ltd 101 tea Santa to,.., 1 Snot 'isO P. toll tot to (which precision,, identical in al counties, are printed to the reverse heren() hereby us adopted and incorporated beesila sisd made a tart hereof an fully as though set forth her-,,i M teegth: that he wdS observe sad perform said pluesasona: and that the references to property. obligationa, and pastaea in said peo'nsiona shall be construed to refer to the property. sè&ig,tssto, saw paritei set forth an this Deed of Trust Tile undersigned Trusts,e request* that a copy of say Notice of Dsfaelt and of say Notice of Sa6 hereisadee be maed to him at his address hereinbidore set forth. COUNTY OF boom Its undersigned, a Notary Public in and foe assid C State. ps,tuoesafly appeased p.5AtM&ec vaill Sal known Adt. 6f the P-rao0i crIses. means 9) Were a.. acribed to the within inM7smsat, said oeka..slsdgsd to we that h /41,./th.v ecutad the COhand -1 Mr. & Mrs. Frank S. Henstreet 3533 Sitio Bays CID am I I -u 662 ,..J8 265371 / J T 3:',' WF. Ix SPACE ABOVE THIS LINE FOR RECORDERS USE - - CALIFORNIA COAST TITLE sco,dmg R.qu.s.d By AND WHEN RECORDED MM. THIS DEED AND TAX ST4EMENI TO I- -i Joseph A. and Lorraine N. Salgueiro 4460 Heritage Glen Drive San Diego, CA 92130 L ASSESSORS PARCEL NO 214-450-12 - ESCROW NO. - _83-R TITLE ORDER NO-----__22239__ ..... GRANT DEED The undersigned grantor(s) declare(s) Documentary transfer tax is $ 286.00 yyj ) computed on full value of properly conveyed. or computed on full value less value of liens and encumbrances remaining at time of sale Unincorporated area - ( xxx ) City of __.__Qarpad_and By this instrument dated June 1, 1988 for a valuable consideration FRANK S. HEMSTREET and MARLENE L. HEMSTREET, husband and wife hereby GRANTS to JOSEPH A. SALGUEIRO and LORRAINE N. SALGUEIRO, husband and wife as joint tenants the following described real properly in the State of California. County of San Diego Lot 704 of LA COSTA MEADOWS UNIT NO. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7367, filed in the Office of the County Recorder of San Diego County, July 19, 1972. STATE OF CALIFORNIA COUNTY OF I kil to undenugnld. -e4btay PuOSC in d tot said Counip mid — — -L. HEKSTKEET Pe morilhe lot ptoe.d 10 m, on lB. D o .y,dencef to be itte petsonli) eRos. namw$ to the within instrument and .ckno4idQSd e j,i__ executed iCC sam. *. CAM i-----i I / L t I IF 88 265372 r I S88 JU -3 FRF 300 so Tmnt Deed and Asoirinient i 'r4G 1.00 ESCROw NO. 8523-a TO. NO. 22239 . SPACE ABOVE THIS LINE FOR RECOROER'S USE [THIS DEED OF TRUST, made this second day of June 1988 betweeni JOSEPH A. SALGUETRO and LORRAINE N. SALGUEIRO, husband and wife, ------ herein called rausros, whose address is 4460 Heritage Glen Drive, San Dietzo, CA 92130 WESTERN MUTUAL CORPORATION, a California corporation, herein called rgusraa, and FRANK S. H1STREET and MARI.ENE L. HEMSTREET, husband and wife, as community property, - herein called BENEFICIARY, WHn.ssotlu That Trustor tRivOca.st'f GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH powi OF s*iz, that property in City of Carlsbad, San Diego County, California, described as: Lot 704 of LA COSTA MEADOWS UNIT NO. 4, according to Map thereof No. 7367, filed in the Office of the County Recorder of San Diego County, July 19, 1972. DIi /1r / 1MlkW' ILVlt7iW /I k7flEi1 /1w.mv tq'wiI kiy/ sW rn4/ 1btJ / 8=A1W /1SY11Y /fl11.V/f'POt11 I fliti 15r4t1'/ W IA17LY ,'cJi LOstc PD4iikL,rI I'tfl.AU I'$.k'J i1l iW/ 8tft4/ P.1WhU ILMtI P>MVIRAM / Ijj1tL This Deed of Trust is given and accepted as a portton of the purchase price of the property herein described. 4 TOGETHER WITH the rents, issues and profits thereof. SUB.JEC1 HO'iVF.VF.R, to the r:ht power and ,,uthontv given to and conferred upon Beneficiary by paragrapo (10) of the provisions incorporated herein by rr(,.rence in collect and apply such rentS. isous, and profits. "U I For the Purpose of Securing: 1 Performance of each agreement of trusto, incorporated b5 reference or contained herein. 2 Payment of the indebtednese evidenced by one promissory note of even date herewith. and any extension or i'e,w'wal fbem'ol. in (hi. principal aim of S I00,000.00 executed by TruaSor in iav.,r if Beneficiary or order 3 Paym.'n: of such f,uthme I hereafter may borrow' from Beneficiary. wisest evidenced by assothec note foe aimi as the then record owner of said property notes) reciting It is so secured. To Protect the Security of This Deed of Trust. Trustor Agrees: By the ewecutsos and delivery of this Dead of Trust and the note secured herehv. that provinmen I Il to 1141 tnt-toots, of '(vi. (scttI,OsU, d.s-d of trust recorded in Santa Barbara County October ((3. 1961. and in all other counties (kinkier 23. 1961. in the book and at the (wee if Official Recorda in the office of the county recorder of the county where .atd property to located, wiled t,,elow, oppo.iit' the name of such county. vu.: COUNTY lOOK PAGE COUNTY tOOt MCI COUNTY 000e MCI couurr tOOK PAM ton t 44 O.j• V (it SiO ionds SQ Si t. ,wt.e. am a. tnt Anq.l.. nes ItS Klvs.,.dS Si) t )i. 5 •5 545 p,• ON? ta - I (which provisions, identical in .8 countia., are printed on the rreeme hereo() hereby as, adopted and Ioscorvoeao.4 herein MW made a (tort hero,) as fully as tJ,ough set forth herein at 1.otb: that tia stiS nheer,'e tad periora said pqovwson.; and that the reh'reocest to property. ob(igaitoria, and p.ztoes in aa.d pauw.ions abel) be constr..d to refer to the penpetty. abiigat.i Mad partlet set forth in this Deed of Trust. The undersigned Trustee reqosafa that a copy of .ay Mutsas of Dofaslt and of any Notic, of Sald, h.s,.adse be *natbd to him at his addre.s bereusbofom sat loedi. STATE OF C . COUNTY OF &sata.e of On 22t3 build die sndersivred. a Notary Public ta fee amid Csy State, personally appeared known to the peroo.(.) whame Means 9) imism a- scribed to the within * M. Sa that he /tbev siecutid the none.l ii.i W1T / .0 -'p 663 ctLic'opV COAST 777zE p Eli RECORDED MAIL TO Mr. & Mrs. Frank S. Heinstreet 3533 Sitio Bays Carlsbad, CA 92009 / RECORDING REQUESTED BY 0 NJ4 COAST TITLJ WHEN RECORDED MAIL TO Mr. & Mrs. Frank S. Hemstreet 3533 Sitio Baya Carlsbad. CA .92009 8523—R T.O. NO. 22239 .... 663 88 # Lf3TZ Rl:'sj C of ms JOCCUNTYAA - 1988 JUN -3 PH 3: 31 VEfA L. L'(LE COUNTY ItCOROE,J Index as Trust Deed and Assignment of Rents SPACE. ABOVE. THIS LINE FOR RECORDER'S USE THXS DEED OF TRUST, made this second day of June 1988 , between JOSEPH A. SALGUEIRO and LORRAINE H. SALGUEIRO, husband-and wife, — — — — — — herein called TRUSTOR, whose address is 4460. Heritage Glen Drive, San Diego, CA 92130 W1STERN MUTUAL CORPORATION, 'a California corporation, herein called TRUSTEE, and FRANK S. HEMSTREET and MARLENE L. HENSTREET, husband and wife, as community property, - herein called BENEFICIARY, Wifnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in City of Carlsbad, San Diego County, California, described as: Lot 704 of LA COSTA MEADOWS UNIT NO. 4, according to Map thereof No. 7367, filed in the Office of the County Recorder of San Diego County, July 19, 1972. a'i /yMj1/q'/ MOM /zflEi Iii / AW010WIXTtLW /LM1i/ %1y/ M1t/ PWOM/4/ 1t/i1 / kVWW nomav /fl4/ M lakwwo, /flt' / Lr,/cit/ W /z4A' lditl tJ i/iktiW /'EitM /W trZL tJJJ /ci / wid, / /fUPI M / LM"i1k/ 1341W4M,W / tfWAVAWT/ This Deed of Trust is given and accepted as a portion of the purchase price of the prOperty herein described. TOGETHER WITH the rents, issues and profits thereof. SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $ 100,000-00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is so secured. To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of trust recorded in Santa Barbara County October 18, 1961, and in all other counties October 23, 1961, in the book and at the page of Official Records in the office Of the county recorder of the county where said property is located, noted below opposite the name of such county, viz.: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Kern 3421 60 Orange 588? 611 San Bernardino 5567 61 Santa Barbara 1878 880 Los Angeles T2055 899 Riverside 3005 523 San Diego Series 2 Book 1961, Page 183887 Ventura 2062 386 (which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as-fully as though set forth herein at length; that he will observe and perform said provisions; and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. STATE OF CALIFORNIA ss COUNTY OF On i ' . before me, the undersigned, a Notary Public in and for said County and State, personally appeared A f Lae44" known tme to be the person(s) whose name(s) is/are sub- , scribed to the within instrument, and acknowledged to me that he4he/they executed-the same. 1.91&O-ASC 6/78 20M 44 _. .' ': • • . DO NOT RECORD I The following Is a copy 01 provhiOfl (1) to (14) , inclusive, of the fictitious deed of trust, recorded in each county In Cnftfornla, as stated In the fore- going Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if ut forth at length therein. To Protect the Security of This Deed of Trust, Trustor Agrees: • (I) To keep said property in good condition and repair; not to remove or demolish any building thereon: to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other Insurance policy may be applied by Beneficiary upon indebtedn.s secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Truster. Such application or release shall not cure or walee any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys fees in a reasonable sum, in any such action or proceeding In which Beneficiary or Trust.e may appear, and In any suit brought by Beneficiary to foreclose this Deed. , . (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due all Incumbrances, charges and liens, with Interest, on sold property or any pert thereof, which appear to be pior or superior hereto; all costs, fees and expanses of th5 Trust. . Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Truster from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action Or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reaso able fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with Interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary net to excise maximum allowed by law at the time when said statement is demanded. I (6) That any award of damages In connection with any condemnation for public use of or injury to said property or any part thereof Is hereby asslined and shall be paid to Beneficiary who may apply or release such moneys received by h In the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. . (7) flat by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. . (B) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the Indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; loin in granting any easement thereon; or loin In any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid;. and upon surrender of this Deed and said note to Trustee for candellation and retention and upon payment of Its fees, Trustse shall reconvey, without warranty, the property then held hereunder. The recitals In such econv.yance of any matters Or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five yearn after issuance of such full reconveyanc, Trustla may destroy said note and this Deed (unless directed in such request to retain them). (10) That as additional security, Trustor hereby gives to and confers upon beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Truxtor the rig to any default by Trustor in payment of any indebtedness secured hereby of iii performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Bene ficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pur- suant to such notice. ' (II) That upon default by Truster in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause 'to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note andi all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default and notice of sale having been given as than requited by law, Trustee without demand on Trustor, shall sell said property at the time and place fixed by it in saici notice of uale, either ax a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee maypostpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may post- poné such sale by public announcement at the time fined by the preceding postponement. Trustee shall deliver to such purchaser Its deed conveying the property so sold1 but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any, parson, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expanses of Trustee and of this Trutt, Including cost of evidence of title In connection with sale. Trustee shall apply the pro. reeds of safe to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all ether sums than secured hereby; and the remainder, if any, to the parson or persons legally entitled thereto. (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Dead is recorded and the name and address of the new Trustee. (13) That this Dead applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record an provided by law. Trustee Is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Truntor, Beneficiary or Trustee shall be a party unlace brought by Trustee. REQUEST FOR FULL RECONVEYANCE - "To be used only when note has been paid. TO WESTERN MUTUAL CORPORATION, TRUSTEE: Dated....!2.L... -------- 19.... The undersigned Is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of indebtedness, secured by said ,Dèed of Trust, deilveod to ,you her th togeth r with the said Deed of Trust, and to reconvey, without warranty, to the parties desIg b You under the same. MAIL RECONVEYANr.E TO: IflC-1'n//z, (p 9uzg Do not bee or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. 0 Z 663 88 537Z I? U)EIJ IN '.PI Idf [) CCL!H I Y. t;f WHEN RECORDED MAIL TO Mr. & Mrs. Frank S. Hemstreet 3533 Sitlo Baya Carlsbad, CA 92009 8523—R T.O. NO. 22239 19B8 JUN -3 PH 3: 31 V1(, L. L'ri.E COUnTY IILCGROER Index as Trust Deed and Assignment of Rents SPACE ABOVE THIS LINE FOR RECORDER'S USE THIS DEED OF TRUST, made this second day of June 1988 , between JOSEPH A. SALGUEIRO and LORRAINE M. SALGUEIRO, husband and wife, herein called TRUSTOR, whose address is 4460 Heritage Glen Drive, San Diego, CA 92130 WESTERN MUTUAL CORPORATION, a California corporation, herein called TRUSTEE, and FRANK S. HEMSTREET and MARLENE L. HEMSTREET, husband and wife, as community property, - herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in City of Carlsbad, San Diego County, California, described as: Lot 704 of LA COSTA MEADOWS UNIT NO. 4, according to Map thereof No. 7367, filed in the Office of the County Recorder of San Diego County, July 19, 1972. Stfl /'EtM MAN IVY ELV /cI / E/ MVION I/I / LWiik/ 1IIM/UI / t X'tL This Deed of Trust Is given and accepted as a portion of the purchase price of the prcperty herein described. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to andconferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even (late herewith, and any extension or renewal thereof, in the principal sum of $ 100, 000. 00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it is so secured. To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (1) to (14), inclusive, of the fictitious (Iced of trust recorded in Santa Barbara County October 18. 1961. and in all other counties October 23, 1961. in the hook and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, viz.: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Kern 3421 60 Orange 5089 611 San Bernardino 5567 61 Santa Barbara Isis 860 Los Angeles 12055 897 Riverside 3005 523 San Diego Series 2 Book 1961, Page 183881 Ventura 2062 386 (which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length; that he will observe and perform said provisions; and that the references to property, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and Parties set forth in this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. STATE OF CA COUNTY OFJiEa2 } On &1.' 2. before me, State, personally appeared the undersigned, a Notary Public in and for said County and cët A,, ,v. 5&i'&o known me to oe the person(s) whose name(s) is/are sub- scribed to the within instrument, and acknowledged to me that file 41se/they executed the same. WITIN my hand anef ic iai sea L... r FIALSEAL 01'T H. ROBERTS HOtLy PtIlo_CaIlfomi tow Evi. Oct 14,1989 &Md DiEgo Cou - 1.9150 ASC 6/78 20M Signature 0/ Salgueirt( II dIE cri 0 0 14 H Z Z fr-I (ID H Z I 3=PE-- DO NOT RECORD The following Is a copy of provisions (1) to (14). Inclusive, of the fictitious deed OItrust, recorded in each county In California, an stated In the tore. gohig Deed of Trust and Incorporated by reference In said Deed of Trust as being a part thereof an If &A forth at length therein. To Protect the Security of This Deed of Trust, Trustor Agrees: (I) To keep said prop.rty In good condtTon and repair; not to remove or demolish any building thereon; to complete or r,tore promptly and In good and workmintlke manner any butIdng which may be constructed damaged or destroyed thereon and to pay when due all c?itmi for labor performed and matirhih furnished therefor; to comply with all laws aff.ctinq sc property or requiring any alterations or Improvements to be made thereon: not to commit or permit wait* thereof; not to commit, suffer or permit any act upon said property In violation at law; to cultivate, Irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of sold property may be reasonably necessary, the ep.clfic enumerations herein not including the general. C7) To provide, maintain and deliver to Beneficiary fire in%lrnnc, satisfactory to And with loss payable to Beneficiary. The amount collected under any fire or othCr rHurance policy may be applied by eonOWitry upon ind.ht.dn.i secured hereby and in iucti order as en.ticry may determine, or At option of Beneficiary the entire amount to collected or any pert thereof may be released to Truitor. Such application or release shall not cur* or waive any default or notice of defuIt hereunder or Invalidate any act dons pursuant to such notice. ; (3) To appear in and defend any action or proceedingpurporting to affect the security hereof or the rights or powers of Beneficiary or Trust**: and to pay all costs and expenses, including coit of evidence of title and attorneys fees in a reasonable sum in any such action or proceeding In which $.n.flclary or Trust.e may appear, and In any suit brought by Beneficiary to foreclose this Deed. I (4) To pay: at least ten dayu before delinquency all taxes and assessments effecting said property, including assessments on appurtenant watir stock; when due all lncumbranc.u, charges and liens, with Interest, on said property or any pert thereof, which appear to be plor or superior hereto; all costs, feet and expenses of t)ilx Trutt. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation to to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof may: make or do the same in such manner and to such extent as either may death necessary to protect the security hereof, Beneficiary or T uitee being authorized to enter upon said properly for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromle any a encumbrance charge or lien which In the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel nd pay hi raso able teen. (5) To pay Immediately and without demand all sums no expended by Beneficiary or Trustee, with Interest from data of expenditure at the amount allowed by law in effect at the date hereof and to pay for any statement provided for by law in effect at the data hereof regarding the obligation secured hereby any amount dennded by the Beneficiary not k excise the maximum allowed by law at the time when said statement is demanded. I {6).That any award of damages In connection with any condemnation for public use of or Injury to said property or anypert thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the name manner and with the same .Ifect as above provided for disposition of proceeds of fire or other insurance. , (7) Vat by accepting payment of any sum secured hereby after ils due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare dafault for failure no to pay. (e) That at any time or from timeto time, without liability therefor and without notice, upon written reqtieit of Beneficiary and presentation of this Deed and said note for eniorsemeni, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the muting of any map or plat thereof; join is granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. . (9) That upon written request of eneficiary stating that nil sums secured hereby have been paid, end upon surrender of thu Deed and said note to Trustee for can eliation and retention and upon payment of Its fees, Trustee shalt reconvey, without warranty, the property then held hereunder. The recitals is such econveyance of any matters or facts shall be conclusive proof of the truthfulness ther,of. The grantee in such reconveyance may be described as "the person or persons legally anti led thereto." Five yearn after issuance of such full reconveyanc., Trust** may destroy said note and this Dud (unless directed in such request to retaIn them). (10) That as additional security, Trustor hereby gives to and confers upon beneficiary the right, power and authority, during the continuance of these Trusts, to CO 't the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or ih performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Bane. ticiary may at any time without notice, either In person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any sacurity for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, Including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees upon any indebtedness secured hereby, and in such order an Beneficiary may determine. The entering upon and taking possession of said property, the collection o such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or Invalidate any act done pur. uuant to such notice. I (II) That upon default by Trustor In payment of any Indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sum secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of Clection to cause to be sold said property, which notice Trustee shall cause to be tiled for record. Beneficiary also shall deposit with Trustee this Deed, said not* and1 all documents evidencing expenditures secured hereby. After the lapse of such time as may than be required by law following the recordation of said notice of default and notice of sale having been given as then required by law, Trustee without demand on Truutor, shall sell said property at Ilse time and place fined by It in said notice of sale, either as a whole or In separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United Slates, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of salt, and from time to time thereafter may post. pon4 such sat, by public announcement at the time fined by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property to sold1 but without any covenant or warranty, express or Implied. The recitals In such deed of any matters or facts sfsali be conclusive proof of the truthfulness thereof. Any person, including Truster, Trustee, or Beneficiary an hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of thin Trust, including cost of eviden(.e of title In c"vn.ctlnn with s,,le Trustee shall apply tIre pro. reeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued Interest at the amount allowed by law in effect at the dale hereof; all other sums then secured hereby; and the remainder, it any, to the person or persons legally entitled thereto. 62) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to lime, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded In the office of the recorder of the county or counties where said properly is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said insfrumnnt must contain' the name of the original Truster, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisens, administrators, enecufors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the content so requires, th. masculine gender Includes the feminine and/or neuter, and the singular number includes the plural. 1(14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, Is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid. TO WESTERN MUTUAL CORPORATION, TRUSTEE:Dated .t. ....7...- .19.... The undersigned Is the legal owner and holder of all Indebtedness secured by the wiUsln Dc of Truyt. All sums secured by said Dead of Trust have been fully paId and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel all evidences of lndebthdncnn, secured by said ,Dcc'd of Trust, delivered to you herwjth t.ogeth r with the sold Deed of Trust, and to reconvey, without warranty, to the parties designatzdabb"the terms çf saId Detd o 7unt, tt c's now eld by you under the same.. / I MAIL RECONVEYANCE TO: 1 -710 P6pd -. , —1 - nu',i/,uJq ZO2'/ Do not bee or destroy this Deed of Trust 031 TTJ31 NOTE which it secures. Both must be delivered to the Trustee for ccucellatlon before reconveyance will be made. Z H (I) H Cl) . 0 HILLSIDE DEVELOPMENT PERMIT CHECK LIST COMMENTS PROJECT NUMBER , f- C 1. Slope Analysis (LI) 2. Slope Profile (Li) 3. Site Plan, Grading Plans, Building Plans, Elevations (LI each) 4. Disclosure Statement - 5. Title Report (2) DATE SIGNATURE