HomeMy WebLinkAboutRP 16-10; POKEWAN DELI; Redevelopment Permits (RP)City of
Carlsbad
APPLICATIONS APPLIED FOR: (CHECK BOXES)
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY)
0 Coastal Development Permit 0 Minor
0 Conditional Use Permit
0 Minor 0 Extension
0 Day Care (Large)
0 Environmental Impact Assessment
0 Habitat Management Permit
0 Hillside Development Permit
0 Minor
0 Minor
0 Nonconforming Construction Permit
0 Planned Development Permit 0 Minor
0 Residential 0 Non-Residential
0 Planning Commission Determination
0 Reasonable Accommodation
0 Site Development Plan 0 Minor
0 Special Use Permit
0 Tentative Parcel Map (Minor Subdivision)
0 Tentative Tract Map (Major Subdivision)
0 Variance 0 Minor
0 General Plan Amendment
0 Local Coastal Program Amendment
0 Master Plan
0 Specific Plan
0 Zone Change
0 Amendment
0 Amendment
0 Zone Code Amendment
South Carlsbad Coastal Review Area Permits
0 Review Permit
0 Administrative 0 Minor 0 Major
Village Review Area Permits
ell Review Permit
¥Administrative 0 Minor 0 Major
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE
APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M.
ASSESSOR PARCEL NO(S).:
PROJECT NAME:
"~~~G;~Eg;;o;k1~-;y~ruW'lf?:trlttt::~~p. ~
LocATION oF PRoJEcT: 2a ~ fiiA:t?t ~ ((}y\) > I :II I IJ I
4 ~' ---STREET AifuRE"ss
oN THE: 00 T. SIDE oF 1JiA0 1 ~~ ttN <;; r
(NORTH, SOUTH, EAST, WEST) ' 1 (NAME OF STREET)
BETWEEN CkPUM {} ()(tt_Me:_ AND c;,M1//) AVe--. &fAMEOFSTREEf) ~~~~~--~~~(~N~A~M~E~O~F-S~T=R~E~E=T~)-----------------
P-1 Page 1 of6 Revised 03/16
~"~~NAME e ~=
MAIUNGADDRESSE?!'£· ~ I
CITY, STATE, ZIP: U (} ~
Tl=l I=PJ-l()NI=· K/ 1 . ~~~ .. ·-··~· c -2~ ... (1/2 7
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE ~~;~~~Mt-~~~N 1 ~.:!~~_7 A AND CORRECT TO THE BEST OF MY
r..O.VVVL-O::U\.:10::. I vo::n. llr I 1"'\s LEGAL DilliNER THAT \\-IE APPLICANT AS
DATE
SET FORTH HEREIN IS J\1!¥-A.UTHORIZED REPRESENTATIVE FOR PURPO~~-,
-· ~·----::_7 A' rU(U( 0 SIGNATURE .
APPLICANT'S REPRESENTATIVE (Print):
MAILING ADDRESS:
CITY, STATE, ZIP:
TELEPHONE:
EMAIL ADDRESS:
APPLICANT NAME (Print):
MAILING ADDRESS: ~,~..,-w ..
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE.
..... -·--'") ---./~ ~-~) ..:::::::::::::--·-··-.-" ./ <' ·-..
SIGNAT:u:Rf
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMiSSiONERS OR CiTY COUNCYL MEii(tBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. 1/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 A~Y~RS"'IN I~TEREST. PRciP~IGNATURE
FOR CITY USE ONLY
P-1 Page 2 of6
RECEIVED
MAY 1 8 2016
OFCAHLSBAD
DAf~V)lJj~~~R_~~~~l~~RECEIVED
RECEIVED BY:
I b(Z
Revised 04/15
Indemnification and Insurance Requirement for Village Area Administrative Permit
Certification Statement:
I I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true
and correct to the best of my knowledge. I a~t:oeoe to accept and abide by any conditions placed on the subject
project as a r~sult ?f appro~ of this application. I agree to indemnify, hold harmless, and defend the City of
Carlsbad and 1ts officers and employees from all claims, damage or liability to persons or property arising from or
caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or
the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability
was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a
Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which
has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class
VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.
I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The
notice shall be delivered to:
City Planner
City of Carlsbad
1635 Faraday Avenue
Carlsbad
The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business
is operated on the public sidewalk. This agreement is a condition of the issuance of this a~~inist~ative pe~mit for
the subject of this permit on the public sidewa!1k. 1 understand that an approved adm1mstrat1ve perm1t ~hall
remain in effect for as long as outdoor di plays are permitted within the Village Review Area and the perm1ttee
remains in compliance with the sub· proved permit. I!'
/ ( '
Signature Date: f ·1;? f-t>cf' ·
Certification Statement: /
1 Certify that i am the Lega\ ?ro~~rty Owner for the subject business locati~n a~d that all of the ab~ve
information is true and correct to t e 1::5est of my knowledge. I support the applicants r~~uest_ for a pe_rmlt to
place the subject property on the public sidewalk. I understand that an approved admm1stratlve permit ~hall
remain in effect for as long as outd oor displays are permitted within the Village Review Area and the permittee
remains in compliance with the bjJect approved permit.
Date: .{(?A ( Yf~,.
P-1 Page 3 of6 Revised 04/15
(cicyof
Carlsbad··
DISCLOSURE STATEMENT
P-1{A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.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, trust, 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
must be provided below.
1.
2.
P-1(A)
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 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.)
Person .. Y~_. J(l/<1! ·1~10 Corp/Part. ___________ _
Title (VI/V Wfv Title ____________ _
Address ·zcl 19 ~vvQi ~~ OY1 si jl; iP ( Address ________ _
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.)
t· -/
Person Yttt u\Jl·h ) 0 0 I yo
Title tVI!\J f~/~1
Corp/Part. ___________ _
Title _____________ _
Address "V·0\S'l \\~~ l )l ij)\r ~t~.\
.{}\ ~ .
Address ____________ _
Page 1 of2 Revised 07/10
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 $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes rv I No If yes, please indicate person(s): _______________ __
NOTE: Attach additional sheets if necessary.
Print or type name of owner Print or type name of applicant
,-;? -,
Signature of
Print or type name of owner/applicant's agent
P-1(A) Page 2 of2 Revised 07/10
{-City of
Carlsbad
PROJECT DESCRIPTION
P-1(8)
PROJECT NAME: ,pqU Jrit~VJ ./4 4 ,
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLIC~T~ME:~P~~~\~~~3-.D~/~~~-·-------------~
Please describe fully the proposed project by application type. Include any details necessary to
adequately explain the scope and/or operation of the proposed project. You may also include
any background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation: r . . A , • t. -J-~-~ t=:. _1 ~ +. !;J.Jef~l t~r-8-ttit/t-.
p 'r."'~ ~D".O f <J..e. vtc·0vt t r vw( P~ o ,_1/iVvl.ev\ , u X. ,. ~-• , . ~ ' I"' J ~ \ 'AI I ' ' fj r") Ill/ \ I I )Lf\ p--r, I_ 1.» I \ ,.. # " ' ·J c I i'V\1 011'-Pl ~\.A CA.{ ~ 1/ .ll•·~-lr . ' . u ' r na.Rt:t I '~\ r: --v( o:r-f vt . ) . .. , ~{\ ~~-~ F . '!Vt~~l·$e Ill Atif'~
P-1(8) Page 1 of 1 Revised 07/10
(._ Cicyof
Carlsbad
HAZARDOUS WASTE
AND SUBSTANCES
STATEMENT
P-1(C)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Consultation of Lists of Sites Related to Hazardous Wastes
(Certification of Compliance with Government Code Section 65962.5)
Pursuant to State of California Government Code Section 65962.5, I have consulted the
Hazardous Waste and Substances Sites List compiled by the California Environmental
Protection Agency and hereby certify that (check one):
~ The development project and any alternatives proposed in this application are not contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code,
D The development project and any alternatives proposed in this application ~ contained on the lists
compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: ·f:> (;)~~ '\)tfv,.Q Name: Y f1).JV;f .· ~& .~ 'T(o
Address: tf4ZJ'I (G'-n)iWJ'Y 7l .{: f Address: ~rs-~' 1Uatt(r;vY1 $f,..f/-lt~l
~tV''I . y·}j ·~M 01' c\ '(.;I ( I c;Jrf.(' btvf t 9~ Cf21Jo i/
' l ll 6 c ) l IJf· ·zJ r-t_ Phone Number: l ~! t'J./ \ 4'U 4k · Phone Number:_,(>.:?-.d+/---l. ·:....,.lf-'( ..... o_·---=~-L--'-Jti-'-'----
Address of Site: L 'T ~1 \q tf\ t~SI 01 .S·± di \ 0 I · " ..
Local Agency (City and County); COl V £ S b~ I 9~: ~~ () (fu-0-J~ / LA
Assessor's book, page, and parcel number: '"'V{! ) :-7 U 7 ·-Z, il-'
Specify list(s): __________ ___,-------------------
Regulatory Identification Number: ______________________ _
Date of List: ______________________________ _
/'/ ~~ VA~-
The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local
agencies and developers to comply with the California Environmental Quality Act requirements
in providing information about the location of hazardous materials release sites.
P-1(C) Page 1 of2 Revised 02/13
(cicyof
Carlsbad
STORM WATER STANDARDS
QUESTIONNAIRE
E-34
Development Services
Land Development Engineering
1635 Faraday Avenue
(760) 602-2750
www.carlsbadca.gov
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. City
staff has responsibility for making the final assessment after submission of the development application. 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.
PR.OJECTif\IFQRMATION
PROJECT ID:
ADDRESS: APN:
The project is (check one): D New Development D Redevelopment
The total proposed disturbed area is: tJ ... ft2 ( ___ ,) acres
The total proposed newly created and/or replaced impervious area is: -=0 __ 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 _________________ 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 projecf', please answer the following question:
YES NO
Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building riJ D 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.
Justificati~n/discussion: (e.g. the project ~cl~des1only i:;{r remodels within a? existin? buildin~
T~'T ~ r:_. r JC.-&t-f ~ 1 [,{,(,d .-4 j"O f n let2.-i 6-V !ile.ltA.-6 I S: J -· Mri' .
If you answered "no" to the above question, the project is a 'development project', go to Step 2.
STEP2
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; D D 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 D D 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? D 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 3.
E-34 Page 2 of4 REV 02/16
.'.)(\,)~::;~c;~~n:+)~~}:j~;0~+~~E3.~&o,Mef~~e:~f6,R~ALJJ~~~~~R~oE:V~tgk;Mg~±F~~~~~~~~;>")(;~~~ ,--;-':,~; i < < <
;"t · .•...... ·•' ~--'')-, '" A· ..
;,:{_';-:-<::</';. ., <
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 D
and 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 D D 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 D D
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 D D
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 D D 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 D D freeway 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 D D
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 D D shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC)
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 D D RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily
Traffic (ADT) 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 D D and are expected to generate pollutants post construction?
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 D D
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 of4 REV02/16
.
STEP4
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. D D
Total proposed newly created or replaced impervious area (B)= sq. ft.
Percent impervious area created or replaced (B/A)*1 00 = %
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.
STEPS
CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION
D 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 (SWQMP) for submittal at time of application.
0 My 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.
D 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: Applicant Title:
Applicant Signature: Date:
.. . . Environmentally Sens1t1ve Areas Include but are not hm1ted to all Clean Water Act Sect1on 303(d) 1mpa1red water bod1es, areas designated as Areas of Spec1al
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 beneficial 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 D
By:
Date:
Project ID:
E-34 Page 4 of4 REV 02/16
~0 ~ 0 ~"0 ,_,< ~ :5· m;:;:
@
"' 0 0 "" N ::;
0>
~ ::J a. ~ -o g
(!) U> U> s· "' (f)
(!) < c;·
_m
:::> () ;.,o =~ ;;o"' ~· 0 :::;ID (jj(J)
::03 ~ ~
(!) ;u < ~ ~ ru· . rr
2:::-'" c;rn st~
(!) z ~ 0 ~G) O.c
(!) "' 3 iil ~ ::J ~re
"' a. ::J' 0.
8 ~ t6·
:::>" ur
"' om c ~ U> :::>" oro
3 ~ (!) 0 ~ "0 (f)(J) roe ~· 8.
(!) ~ ;;o~ ~ @'
<ft !. c...< miD z;:,-z9: -"-O](J) m~ ;;o<ft
~ I
l
~
\
~04'' T
.'-/
.,')
'<)-,.,
s ,.,
''j
J
J
-$-
,.-;:;.;;-:-, '::_~'_!:)
·~/ --
[,.,:.·1 ~I
~ ~B ~~ ~u!,~ .~II ~ ~§~j' ~~~ ·-~~
~~ II' '-...!...!.J
@
' . ~
-r
I
~Ah lollti'l Ult'lt't gt,~',.~(lfl'~ •ul' nr 10~ Pi! JO
I' ' ' • ' ' ' ' •,I ' ' ' ' • ' ' ' ~~ ' ' ' ' ' • ' ' ;! ' ' ' ' ' I ' ' ~~· ' ' ' r ' ' r 'sl ' r I ' ' ' ' ' 'J SCALE IN 1/to oF AN IHCH
·'n
--·--·--
,~------'I; ST. ~
w ~
Cl i 0.: \?
JEfFERSON (4TH ST)
MADISON (3RD ST)
''" . " -~"'' I @2'5
I 1 I I 1'1 I •-I I \ I ~
~ § ® \2~3ob1l32 I~ ~!~.,I ,.11 I I I I ;~ 0: ,g ,.~.?v•B.z4 2526 2728 J~l 1.: BLK'·"~'" 304 -~ "38 ~
·~~~ 10~ ,:2~ 16 L 14:~ ' . ., ,'5' 4 I'~' 1'3 i';,!t'rl l'>~G I· " ~ I I I I I I I I '
'-"' I I I I I I \.,
,Vli,O.!f.'ttJ
-~ROOSEVELT (21~0 Sl)
... -\ I.-
(ii)
MAP 1'1?.2-SEAS lOt; LANDS · M/\P '/'15 (305 5'35)-TOWN 01" CARL5FIAD AMENDED
. BLI'-5 38.' 39, 49, & POR BLKS 33, 37,& 50 -· ROS 9079,14151 ___ 1
L 203-30 ~
UJ l'l/IS/':)~ £!1,\
>i(
Nl I~ o.-.. • .......... _ '· .. _,,..--. . ~a..~ Iii~ ~l:tl~ 1B ~
,, b
90 ~ 7TTT'I t-H+I·-!!.! ~ i h ~ L ~ "<: • ~ I) '0 ~ ' ~~ «l "' z 2, .. ~1::1 • ~ ~ ~ !" !> ~ " ... ~ .... ~ al N :i 1 1 1 1 1 UJJ
i<l rl .... ~ N !'1110. !."'1 " <::J. fl 3 ~·
a: 0
'I~ .,,.~ , ~ ~ ~ ~ ·--Y :Q I~ ~ ~~ ~ 'i .. ~ .. "'l'i l; ' .... !'I.'\,~ \1:
1\..J lid ~ 'J ~ -~ ! ~ ~ ~ ~ ~ ll~ ~ ~ g .&
I I I I
'f OLt"\
...........
ST
I I
~ ~
j~ I 5 14 13 12 I~ 10 g t~ I I I I\ I IS\71615141::1'' :5 ~ ® ~ 0PMI 11 ~ ' l ofic l l I ! I I oUc I I 1
0 il'l tn •. J 5 ""
~s ~2420
., .. ,•.1
ST .
:'<
L
~
[
t
L
:1. @
c
~ "' f\)
"" L "1 0 cJ
";"~
TITLEPfiiNT
Printed: 5/18/2016 1:20:44 PM PST
Searched: 5/18/20161:19:00PM
Tax Search
San Diego, California
Assessor's Parcel203-303-24-00
Order: Non-Order Search
Co: Fidelity National Title
Dept: San Diego CR.i'f: 0003600001
TO:Ol
Created By: Jennifer Hall Printed By: jhall
APN: 203-303-24-00
Ta'l: Year: 2015-2016
Tax Cover: 05/10/2016
Described As: TOWN OF CARLSBAD AMEJ"'.'DED 000775 LOTS 7 THRU 12 BLK 49
Address: 2958 l\1ADISON ST
City: CARLSBAD
Billing Address: 5487 \VHITE OAK LN SAN DIEGO CA 92130
Assessed Owner(s): PYO YOUNG SOO & KIM EUN HEE
Search As: Lot 11 of Block 49 Tract 535
Lot 10 of Block 49 Tract 535
Lot 8 of Block 49 Tract 535
Lot 7 of Block 49 Tract 535
Lot 9 of Block 49 Tract 535
Lot 12 of Block 49 Tract 535
Tax Rate Area:
Use Code:
Region Code:
Flood Zone:
Zoning Code:
Taxability Code:
Tax Rate:
Bill#:
Issue Date:
Installment
1st
2nd
I Parcel Status:
Open Orders
Company
TicorTitle
Account
511911
511914
601001
601009
672748
675448
09098
1.068130%
Amount
13,005.05
13,005.05
Value
Land:
Improvements:
Personal Property:
Fixtures:
Inventory:
Exemptions
Homeowner:
Inventory:
Personal Property:
Religious:
All Other:
Net Taxable Value:
Penalty
1,300.50
1,310.50
Due Date
12/10/2015
04/10/2016
Exempt: NO
Special Lien Description
CO MOSQUITO/RAT CTRL
MOSQUITO VECTOR CONT
CARLSBAD LIGHT DIST
CARLSBAD LTG & LDSCP
WATER ST A. "ill BY CHARGE
CWA WTR AVAIL COSTA
Department
11-21 TICOR LA PROD
Title Unit
03
1,613,761.00
778,355.00
2,392,116.00
Status
PAID
PAID
Conveyance Date:
Conveying Instmment:
Date Transfer Acquired:
Vesting:
Year Built:
Year Last Modified:
Square Footage
Land:
Improvements:
Tax Defaulted:
Total Tax:
Payment Date
10/28/2015
01/21/2016
Total Balance:
Common Area:
Order No.
395307
Date Created
04/28/2016
04/12/2013
230013
26,010.10
Balance
0.00
0.00
0.00
Amount
3.00
7.50
403.58
23.62
11.50
10.00
THE INFO:Rl\1IATION PROVIDED IS A SUJVIMARIZED SEARCH OF OUR RECORDS. BKFS DOES NOT WARRA.~T NOR
GUARANTEE THE ACCURACY NOR COMPLETENESS OF THE INFORMATION SHOWN. A FULL/EXTENDED TAX
SEARCH IS RECOMMENDED.
*** END OF REPORT ***
Page 1 of 1
t
f
.e
RECORDING REQUESTED BY:
First American Title Insurance Company
Mall Tax Statement To AND WHEN RECORDED MAIL TO:
Young Soo Pyo and Eun Hee Kim
5487 White Oak Lane
San Diego, CA 92130
Title Order No.: 4249666-9
\
D 0 C t:t 2013-0230012
111111111111 IIIII 11111!1111111111111111111111111111111111 IIIII 11111111
APR 12, 2013 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE 4 5 ~9 Ern11;t J. Dronenburg. Jr .• COUNTY RECORDER 'I
FEES: 15.00
OC: OC
PAGES: 1
IIIIIIIIIJIIIIIIIIIIIIIIIIIIIJIIIIIIIIIIIIIIm JIIIIIIIIIIIIIIIIIIIIJIIIIIIIIIIIIIIII
THIS SPACE FOR RECORDER'S USE ONLY:
Escrow No.: 052173-MK
QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX is $-D·f'o/// t1 (tJtfCtlfH/I /Jt~d
[X] computed on full value of property conveyed, or JLI'
( ] computed on full value less value of liens or encumbrances remaining at time of sale.
( ] Unincorporated area [X] City of Carlsbad AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Kuo Ling Corporation, a California Corporation
do(es) hereby remise, release and forever quitclaim to:
Young Soo Pyo and Eun Hee Kim, Husband and Wife as Community Property
THIS QUITCLAIM DEED BEING GIVEN TO RELINQUISH ANY AND ALL LEASEHOLD INTEREST IN AND TO
THAT UNRECORDED LEASE DATED APRIL 29,1997, AS DISCLOSED BY A MEMORANDUM OF LEASE
AGREEMENT RECORDED MAY 1, 1997, AS INSTRUMENT NO. 97-204233
affecting the real property in the City of Carlsbad, County of San Diego, State of California, described as:
Lots 7, 8, 9, 10, 11, 12 in Block 49, Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, May
2, 1888.
A.P. # 203-303-24-00
Also Known as: 2958 Madison Street, Carlsbad, CA 92008
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s~are subscribed to the within instrument
and acknowledged to metfiat ~he/they executed the same in
his/her/their authorized capacitYTies). and that by ~~r/their
signature(s) on the instrument the person(s), or theTniity upon
behalf of which the person(s) acted, executed the instrument.
1 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.
Kuo Ling Corporation, a California Corporation
~~----~----,~ ~~(
Order: Non-Order Search Doc: 50:2013 00230012 Page 1 of 1 Created By: jhall · Printed: 5/18/2016 1:22:24 PM PST
I
I I ~ ..
RECORDING REQUESTED BY:
First American Title Insurance Compan:t Mail Tax Statement To
AND WHEN RECORDED MAIL TO:
Mr. Young Soo Pyo and Mrs. Eun Hee Kim
5487 White Oak Lane
San Diego, CA 92130
Title Order No.: 4249666-9
DOC# 2013-0230013
11111111111111111 1111111111111111111111111111111111111111 IIIII 11111111
APR 12, 2013 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICEA' 5 70
Ernrnt J. Dronenburg, Ji., COUNTY RECOADElf . FEES: 2501.00
OC: OC
PAGES: 1
rrn11111m 11111111111111111111111111111111m 11111111111111111111111111111111111111
C::t\.oiUYW I•U•• ..,..., .. • •-.,. •• ~
GRANT DEED
THE UNDERSIGNED GRANTOR{S} DECLARE(S)
DOCUMENTARY TRANSFER TAX is $2,486.00
[X] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale.
[ ] Unincorporated area [X] City of Carlsbad AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Chin Lung Tsai, a Married Man As His Sole and Separate Property (who acquired title as Chin Lung Tsai)
hereby GRANT{s) to:
Young Soo Pyo and Eun Hee Kim, Husband and Wife as Community Property
the real property in the City of Carlsbad, County of San Diego, State of California, described as:
Lots 7, 8, 9, 10, 11, 12 in Block 49, Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, May
2. 1888.
Also Known as: 2958 Madison Street, Carlsbad, CA 92008
AP#: 203-303-24-00
DATED December 14, 2012
STATE OF CALIFORNIA
COUNTYO'*~ ~~o~t.'A --~jd~ ·-A Notary Public in:ndf:r S: State personally appeared
Chin Lung Tsai -
who proved to me on the basis of satisfactory evidence to be
the person(s) whose name s tS e subscribed to the within
instrument and ackno ge to me thaL~e/they
executed the same in i r/their authorized ~ity(ies),
and that byj'1'iiSIDerltheir signature(s) on the instrument the
person(s), ~e 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.
(Seal)
BELOW: IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE:
Order: Non-Order Search Doc: 50:2013 00230013 Page 1 of 1 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
Recording requested by
First American Title
____ $ai'!_DJego
WHEN RECORDED MAIL TO:
SHINHAN BANK AMERICA
Attn: Note Department
330 5th Avenue, 4th Floor
NEW YORK, NY 10001
SEND TAX NOTICES TO:
Young Soo Pyo
Eun Hee Kim
5487 White Oak Lane
San Diego, CA 92130
D 0 C tt 201 3-023001 4
1111111111111111111111111111111111111 !llllllllllllllllllllllllllllllll
APR 12,2013 8:00 AM 457 OFFICIAL RECORDS l
SAN DIEGO COUNTY RECORDER'S OFFICE
Erne;t J. Dronenburg, Jr., COUNTY RECORDER
FEES: 63.00
OA:
PAGES: 16
1111111111111111111111111111~ IIIII mlllllllllm lllllll!lllllllllllllllllllllllll
FOR RECORDER'S USE ONLY
DEED OF TRUST
MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $1,130,000.00.
THIS DEED OF TRUST is dated April 5, 2013, among Young Soo Pyo and Eun Hee Kim, Husband and Wife as
Community Property, whose address is 5487 White Oak Lane, San Diego, CA 92130 ("Trustor"); Shinhan
Bank America, whose address is 330 5th Avenue, 4th Floor, New York, NY 10001 (referred to below
sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company, whose address is
3131 Camino Del Rio North Suite 190, San Deigo, CA 92108 (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power
of sale, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property,
together with all existing or subsequently erected or affixed buildings, improvements and fixtures: all easements. rights of way, and
appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other ril;Jhts,
royalties, and profits relating to the real property, including without limitation all minerals. oil, gas. geothermal and similar matters, (the
"Real Property") located in San Diego County, State of California:
LOTS 7,8,9,10,11 AND 12 IN BLOCK 49, TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888.
The Real Property or its address is commonly known as 2958 Madison Street, Carlsbad, CA 92008. The
Assessor's Parcel Number for the Real Property is 203-303-24-00.
CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor
or any one or more of them, whether now existing or hereafter arising, whether related or urirelated to the purpose of the Note, whether
voluntary or otherwise, whether due or not due. direct or indirect, determined or undetermined, absolute or contingent, liquidated or
unliquidaled, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
present and future leases of the Property and all Rents from the Property. This is an absolute assignment of Rents made in connection
with an obligation secured by real property pursuant to California Civil Code Section 2938. In addition, Trustor grants to Lender a Uniform
Commercial Code security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (<')this Deed of Trust is executed al Borrower's request and
not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
eslablished adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
TRUSTOR'S WAIVERS. Except as prohibited by applicable law, Trustor waives any right to require Lender to (a) make any presentment,
protest. demand, or notice of any kind, including notice of change of any terms of repayment of the Indebtedness. default by Borrower or
any other guarantor or surety. any action or nonaction taken by Borrower, Lender. or any other guarantor or surety of Borrower, or the
creation of new or additional Indebtedness; (b) proceed against any person, including Borrower, before proceeding against Trustor; (c)
proceed against any collateral for the Indebtedness, including Borrower's collaleral, before proceeding against Trustor; (d) apply any
payments or proceeds received against the Indebtedness in any order; (e) give notice of the terms, time. and place of any sale of any
Order: Non-Order Search Doc: 50:2013 00230014 Page 1 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
loan No: 733000007681
DEED OF TRUST
(Continued)
4572
Page 2
collateral pursuant to the Uniform Commercia! Code or any other law governing such sale; (f) disclose any information about the
Indebtedness, Borrower, any collateral, or any other guarantor or surety, or about any action or nonactton of Lender; or (g) pursue any
remedy or course of action in Lender's power whatsoever.
Trustor also waives any and all rights or defenses arising by reason of (h) any disability or other defense of Borrower, any other guarantor
or surety or any other person; (i) the cessation from any cause whatsoever, other than payment in full. of the Indebtedness; (j) the
application of proceeds of the Indebtedness by Borrower for purposes other than the purposes understood and intended by Trustor and
Lender; (k) any act of omission or commission by Lender which directly or indirectly resulls in or contributes to the discharge of Borrower
or any other guarantor or surety, or the Indebtedness. or the loss or release of any collateral by operation of law or otherwise; {I) any
statute of limitations in any action under this Deed of Trust or on the Indebtedness; or (m) any modification or change in terms of the
Indebtedness, whatsoever, including without limitation, the renewal, extension, acceleration, or other change in the time payment of the
Indebtedness is due and any change in the interest rate.
Trustor waives all rights and defenses arising out of an election ol remedies by Lender, even though that election of remedies, such as
non-judicial foreclosure with respect to security for a guaranteed obligation, has destroyed Trustor's rights of subrogation and
reimbursement against Borrower by the operation of Section 580d of the CaHfornia Code of Civil Procedure, or otherwise.
Trustor waives all rights and defenses that Trustor may have because Borrower's obligation is secured by real property. This means
among other things: (1) Lender may collect from Trustor without first foreclosing on any real or personal property collateral pledged by
Borrower. (2) If Lender forecloses on any real property collateral pledged by Borrower: (A) The amount of Borrower's obligation may be
reduced only by the price for which the collateral is sold at the foreclosure sale, even if lhe collateral is worth more than the sale price. (B)
lender may collect from Trustor even if Lender, by foreclosing on the real property collateral, has destroyed any right Trustor may have to
collect from Borrower. This is an unconditional and irrevocable waiver of any rights and defenses Trustor may have because Borrower's
obligation is secured by real property. These rights and defenses include, but are not limited to. any rights and defenses based upon
Section 560a, 580b. 580d, or 726 of the Code of Civil Procedure.
Trustor understands and agrees that the foregoing waivers are unconditional and irrevocable waivers of substantive rights and defenses to
which Trustor might otherwise be entitled under state and federal law. The rights and defenses waived include, without limitation, those
provided by California laws of suretyship and guaranty, anti-deficiency laws, and the Uniform Commercial Code. Trustor acknowledges
that Trustor has provided these waivers of rights and defenses with the intentlon that they be fully relied upon by Lender. Trustor further
understands and agrees that this Deed of Trust is a separate and independent contract between Trustor and Lender, given for full and
ample consideration, and is enforceable on its own terms. Until all Indebtedness is paid in full, Trustor waives any right to enforce any
remedy Trustor may have against Borrower's or any other guarantor, surety, or other person, and further, Trustor waives any right to
participate in any collateral for the Indebtedness now or hereafter held by Lender.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
obligations under the Note, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Trustor may ( 1) remain in possession and control of the Property;
(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
that there has been, except as previously disclosed to and acknowledged by Lender in writing. (a) any breach or violation of any
Environmental Laws, {b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
acknowledged by Lender in writing. (a) neither Trustor nor any tenant, contractor. agent or other authorized user of the Property
shall use. generate, manufacture, store, treat. dispose of or release any Hazardous Substance on, under, about or from the Property;
and (b) any such activity shall be ccnducted in compliance with all applicable federal, state, and local laws, regulations and
ordinances, including without limitation att Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Properly
with this section of the Deed of Trust. Any inspections or tests made by Lender shalt be for Lender's purposes only and shall not be
construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
hereby (1} releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and att
claims, losses, liabilities, damages, penatties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
breach of this section of the Deed of Trust or as a consequence of any use. generation, manufacture. storage. disposal. release or
threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
been known to Trustor. The provisions of this section of the Deed of Trust. Including the obligation to indemnify and defend. shall
survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
affected by lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor ccmmit, permit, or suffer any stripping of or waste on
or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove. or grant to
any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
without Lender's prior written consent.
Order: Non-Order Search Doc: SD:2013 00230014 Page 2 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
Loan No: 733000007681
DEED OF TRUST
(Continued)
4573
Page 3
Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
written consent. As a condition to the removal of any Improvements. Lender may require Trustor to make 1mangements satisfactory
to Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable time:; to
attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
this Deed of Trust.
Compliance with Governmental Requirements. Trustor shall promptly comply with all laws. ordinances. and regulations, now or
hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including Without limitation, the
Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in writing prior to doing so and so long as.
in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
or a surety bond. reasonably satisfactory to Lender. to protect Lender's interest.
Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in additiol"l to
those acts set forth above in this section. which from the character and use of the Property are reasonably necessary to protect and
preserve the Property.
DUE ON SALE -CONSENT BY LENDER. Lender may. at Lender's option, declare immediately due and payable all sums secured by this
Deed of Trust upon the sale or transfer. without Lender's prior written consent. of all or any part of the Real Property, or any interest in the
Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract. land contract, contract
for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any
beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
Property. II any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
Payment. lrustor shall pay when due (and in all events at least ten (10) days prior to delinquency) all taxes, special taxes,
assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the
Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes
and assessments not due and except as otherwise provided in this Deed of Trust.
Riglll to Contest. Trustor may withhold payment of any tax, assessment or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has nolice of the
filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
surety bond furnished in the contest proceedings.
Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of paymenl of the taxes or assessments and
shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
against the Property.
Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
furnished, or any materials are supplied to the Property. if any mechanic's lien. materialmen's lien, or other lien could be asserted on
account of the work, services, or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
Lender that Trustor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require.
Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard insurance in excess of the replacement value Qf
the improvements on the Real Property. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to
Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to
Lender from time to time the policies or certificates of insurance in form satisfactory to lender, including stipulations that coverages
will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of
Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency
Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available. for the
full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set
under the National Flood Insurance Program. or as otherwise required by lender, and to maintain such insurance for the term of the
loan.
Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
if Trustor fails to do so within fifteen (15) days of the casualty. If in Lender's sole judgment Lender's security interest in the Property
Order: Non-Order Search Doc: 50:2013 00230014 Page 3 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
Loan No. 733000007681
By: tl
Young Soo Pyo
By~
Eun Hee Kim
SHINHAN BANK AMERICA
330 57" AVENUE, 4tH FLOOR, NE:W YORK, NY 10001
PH. 646-843-7300 FAX. 212-679-5731
4586
Order: Non-Order Search Doc: 50:2013 00230014 Page 4 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
Recording requested by
First American Title
San DieRO
D 0 C tt 2013-0230019
llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
First American Title Company
AND WHEN RECORDED MAIL TO
APR 12,2013 8:00AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg. Jr .. COUNTY RECORDER
FEES: 60.00 WAYS: 3
DA: 1
PAGES:
4617
5 NAME
ADDRESS
CITY&
STATE
Business Finance Capital
1055 W. 7th St., Suite 650
Los Angeles, CA 90017 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllm llllllltlllll
DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILINGS
THIS DEED OF TRUST, MADE THIS April 6, 2013 BY AND BETWEEN:
TRUSTOR: Young Soo Pyo and Eun Hee Kim, Husband and Wife as Community Property
TRUSTOR'S MAILING ADDRESS: 5487 White Oak Lane, San Diego, CA 92130
BENEFICIARY: Business Finance Capital ffkla Los Angeles County Small Business Development Corporation
TRUSTEE: First American Title Company
PROPERTY in San Diego County, in the State of CA, described as:
2958 Madison Street. Carlsbad, CA 92008 more formally described in Exhibit "A" attached hereto.
This Deed of Trust, made on the above date between the Trustor, Trustee, and Beneficiary above named. WITNESSETH:
That Trustor irrevocably grants and conveys to Trustee in Trust. with Power of Sate, the above described real property,
together with and including but not limited to all buildings, all improvements now or hereafter existing thereon, the leases,
rents, issues, profits, or income thereof, (all of which are hereinafter called "property income"), water rights, if any;
SUBJECT, HOWEVER, to the right, power, and authority hereinafter given to and conferred upon beneficiary to collect and
apply such property income; AND SUBJECT TO existing taxes, assessments. liens. encumbrances, covenants, conditions.
restrictions, right of way, and easements of record.
FOR THE PURPOSE OF SECURING:
A Payment of the indebtedness in the principal sum of $ 932,000.00 , evidenced by that certain promissory note of even
date herewith made by Trustor, or any one of them, payable to Beneficiary or order, and any extension or renewal thereof;
and
B. Performance of each agreement of Trustor contained or incorporated herein by reference;
C. Payment of such sums as may be advanced by Beneficiary or Trustee to protect the security in accordance with the
terms of this Deed of Trust, plus interest thereon at the rate set forth in said promissory note; and
D. Payment of such further sums as may be advanced by Beneficiary when evidenced by another promissory note{s)
reciting it is secured by this Deed of Trust.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
1) 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; 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.
1
Order: Non-Order Search Doc: 50:2013 00230019 Page 1 of 5 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
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 any indebtedness
secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or
any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of
Trustee's sale hereunder to 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 of Beneficiary and Trustee. including cost of evidence of title
and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear or be
named, and in any suit brought by Beneficiary to foreclose this Deed of Trust.
4) To pay: before delinquent, all taxes and assessments affecting said property; when due. all encumbrances,
charges, and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs,
fees, and expenses of this Trust. including, without limiting the generality of the foregoing, the fees of Trustee for issuance of
any Deed of Partial Release and Partial Reconveyance or Deed of Release and Full Reconveyance, and all lawful charges,
costs, and expenses in the event of reinstatement of, following default in, this Deed of Trust or the obligations secured,
hereby.
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 Trustor 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 reasonable fees.
5) To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions
hereof, together with interest from the date of expenditure at the same rate as is provided for in the note secured by this
Deed of Trust or at the high legal rate. whichever be the greater rate. Any amounts so paid by Beneficiary or Trustee shall
become a part of the debt secured by this Deed of Trust and a lien on said premises or shall become immediately due and
payable at option of Beneficiary or Trustee.
IT IS MUTUALLY AGREED:
6) That any award of damages in connection with any condemnation or any such taking, or for injury to the property
by reason of public use, or for damages for private trespass or injury thereto, is assigned and shall be paid to Beneficiary as
further security for all obligations secured hereby (reserving unto the Trustor, however, the right to sue therefor and the
ownership thereof subject to the Deed of Trust). and upon receipt of such moneys Beneficiary may hold the same as such
further security, or apply or release the same in the same manner and with the same effect as above provided for disposition
of proceeds of fire or other insurance.
7) That time is of the essence of this Deed of Trust, and that by accepting payment of any sum secured hereby after
its due date, Beneficiary does nol 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.
8) That at any time or from time to time, and without notice, upon written request of Beneficiary and presentation of
this Deed of Trust and said note{s) for endorsement, and without liability therefor. and without affecting the personal liability
of any person for payment of the indebtedness secured hereby, and without affecting the security hereof for the full amount
secured hereby on all property remaining subject hereto. and without the necessity that any sum representing the value or
any portion thereof of the property affected by the Trustee's action be credited on the indebtedness: the Trustee may: a)
release and reconvey all or any part of said property; b) consent to the making and recording, or either, of any map or plat of
the property or any part thereof; c) join in granting any easement thereon; d) join in or consent to any extension agreement
or any agreement subordinating the lien. encumbrance 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 of Trust and said noie{s) to Trustee for cancellation and retention, and upon payment of its fees, Trustee shall
release and reconvey, without covenant or warranty, express or imp1ied, the property then held hereunder. The recitals in
such reconveyance 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."
10) Trustor irrevocably assigns to Beneficiary:
a) all of Trustor's light, Iitie, and interest in all leases; licenses; agreements relating to the management, leasing, or
operation of the Property; and other agreements of any kind relating to the use or occupancy of the Property, whether now
existing or entered into after the date of this Deed of Trust ("leases"), and
b) the rents, issues, and profits of the Property, including, without limitation. all amounts payable and all rights and
benefits accruing to Trustor under the Leases {"Payments"), for the purposes and on the terms and conditions below.
The term Leases will also indude all guarantees of and security for the lessees' performance, and all amendments,
extensions. renewals, or modifications that are permitted. This is a present and absolute assignment, not an assignment for
security purposes only, and Beneficiary's right to the Leases and Payments is not contingent on, and may be exercised
without, possession of the Property.
11} Fixture Filing. The Personal Property in which Beneficiary has a security interest includes goods which are or
may become fixtures on the Property. This Deed of Trust is intended to serve as a fixture filing pursuant to the terms of
sections 9313 and 9402 of the California Commercial Code and all other relevant sections. This filing is to be recorded in the
real estate records of the county in which the Property is located. Trustor warrants and agrees that there Is no financing
statement covering the Trust Estate or any part thereof on file in any public office.
2
4618
Order: Non-Order Search Doc: 50:2013 00230019 Page 2 of 5 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
12) That upon default by Trustor in the payment of any indebtedness secured hereby or in performance of any
agreement hereunder, &:lneficiary may declare all sums secured hereby immediately due and payable by delivery to
Trustee of written notice thereof, setting forth the nature thereof, and of election to cause to be sold said property under this
Deed of Trust. Beneficiary also shall deposit with Trustee this Deed of Trust, said note{s), and all documents evidencing
expenditures secured hereby. Trustee shall record and give notice of Trustee's sale in the manner required by law, and
after the lapse of such time as may then be required by law, Trustee shall sell, in the manner required by law, said property
at public auction at the time and place fixed by it in said notice of Trustee's sale to the highest bidder for cash in lawful
money of the United States, payable at lime of sale. Trustee may postpone or continue the sale by giving notice of
postponement or continuance by public declaration at the time and place last appointed for the sale. Trustee shall deliver to
such purchaser its Deed conveying the property so sold, but without any covenant or warranty, expressed or implied. Any
persons, including Trustor, Trustee, or Beneficiary, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust to the extent permitted by law, including
the cost of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to payment of: all sums
expended under the terms hereof, not then repaid, with accrued interest at the rate set forth in the aforesaid promissory
note; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
Immediately after such sale, Trustor shall surrender possession of the property to the purchaser, tn the event
possession has not previously been surrendered by Trustor, and upon failure to vacate the property, Trustor shall pay to the
purchaser the reasonable rental value of the property, and/or at purchaser's option, may be dispossessed in accordance
with the law applicable to tenant's holding over.
13) That Beneficiary may appoint a successor Trustee in the manner prescribed by law. A successor Trustee herein
shall, without conveyance from the predecessor Trustee. succeed to all the predecessor's title, estate, rights, powers, and
duties. Trustee may resign by mailing or delivering notice thereof to Beneficiary and Trustor.
14) That this Deed of Trust 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 of the
note{s) secured hereby, whether or not named as Beneficiary herein. In this Deed of Trust, whenever the context so
requires, the masculine gender includes the femine and neuter, and the singular number includes the plural.
15) That Trustee accepts this Trust when this Deed of Trust, 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 any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee.
16) Without affecting the liability of Trustee or any other party now or hereafter bound by the terms hereof for any
obligation secured hereby, Beneficiary may, from time to time and with or without notice as he shall determine, release any
person now or hereafter liable for the performance of such obligation, extend the time for payment or performance, accept
additional security, and alter, substitute or release any security.
17) Trustee or Beneficiary may enter upon and inspect the premises at any reasonable time.
18) No remedy hereby given to Beneficiary or Trustee is exclusive of any other remedy hereunder or under any
present or future law. No delay on the part of Trustee or Beneficiary in enforcing their respective rights or remedies
hereunder shall constitute a waiver thereof.
19} Trustor waives the righi to assert at any time any statute of limitations as a bar to any action brought to enforce any
obligation hereby secured.
20) This Deed of Trust is subject to a Promissory Note. AU amounts owing under this Deed of Trust and/or the
Promissory Note shall become immediately due and payable upon the sale. encumbrance or other transfer of any interest in
the Real Property, whether voluntary or involuntary.
21} The invalidity or unenforceability of any provision herein shall not affect the validity and enforceability of any other
provision.
22) The Loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide
program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document,
then under SBA regulations:
a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be
construed in accordance with federa~ law.
b) CDC or SBA may use local or state procedures for purposes such as filing papers, recording documents,
giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any
federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or
assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with
respect to this Loan.
23) Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by
this instrument.
The undersigned Trustor(s) request that a copy of any notice of Trustee's sale hereunder be mailed to him at his address
hereinbefore set forth.
3
4619
Order: Non-Order Search Doc: 50:2013 00230019 Page 3 of 5 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
Young Soo Pyo and Eun Hee Kim, Husband and Wife as Community Property
B y~~---
Eun Hee Kim
Title of Document: Deed of Trust. Assignment of Rents. Security Agreement and Fixture Filings
Date: AprilS. 2013
STATE OF California
COUNTY OF~ a~Jr::;J ) ss.
)
On If ..-q .-3 __ , before me, ~ , a Notary Public,
personally appeared ;o , who proved to
me on the basis of satisfactory vidence to 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.
4
4620
Order: Non-Order Search Doc: 50:2013 00230019 Page 4 of 5 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the Oty of Carlsbad, County of San Diego, State of California, described
as follows:
LOTS 7, 8, 9, 10, 11 AND 12 IN BLOCK 49, TOWN OF CARLSBAD, IN THE CITY OF
CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP
THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNIY RECORDER OF SAN DIEGO
COUNlY, MAY 2, 1888.
APN: 203-303-24-00
End of Legal Description
4621
Order: Non-Order Search Doc: 50:2013 00230019 Page 5 of 5 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
CHICAGO TITLE INSURANCE COMPANY
~
RECORDATION REQUESTED BY:
Sh~'n n rlca 3 0 n , F r
N r Y
WHEN RECORDED MAIL TO:
SHlNHAN BANK AMERICA
Attn: Note Department
330 5th Avenue, 4th Floor
NEW YORK, NY 10001
SEND TAX NOTICES TO:
Young Soo Pyo
Eunhee Kim Pyo
2958 Madison Street
Carlsbad CA 92008
610
D 0 C tt 201 3-0605290
1111111111111111111111111111111111111111111111111111111111111111111111
OCT 07,2013 8:00AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Emest J. D1onenbu1g, J1 .• COUNTY RECORDER
FEES: 63.00
DA:
PAGES: 16
lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll!lllllllllllllll
FOR RECORDER'S USE ONLY
DEED OF TRUST
MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $200,000.00.
THIS DEED OF TRUST is dated October 3, 2013, among Young Soo Pyo and Eun Hee Kim, husband and wife
as community property, whose address is 2958 Madison Street, Carlsbad, CA 92008 ("Trustor"); Shinhan
Bank America, whose address is 330 5th Avenue, 4th Fl9or, New York, NY 10001 (referred to below
sometimes as "Lender" and sometimes as "Beneficiary"); and Chicago Title Insurance Company, whose
address is 1007 E. Cooley Drive, Suite 108, Colton, CA 92324 (referred to below as "Trustee"). __..
CONVEYANCE AND GRANT. For valuable consideration, Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power
of sale, for the benefit of lender as Beneficiary, all of Trustor's right, title, and interest in and to the foltowing described real property,
together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rij:Jhls,
royalties, and profits relating to the real property. including without limitation all minerals, oil. gas, geothermal and similar matters. {the
"Real Property") located in San Diego County, State of California:
See Exhibit "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully
set forth herein.
The Real Property or its address is commonly known as 2958 Madison Street, Carlsbad, CA 92008. The
Assessor's Parcel Number for the Real Property is 203-303-24-00.
Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right. title, and Interest in and to all
present and future leases of the Property and all Rents from the Property. This is an absolute assignment of Rents made in connection
with an obligation secured by real property pursuant to California Civil Code Section 2938. In addition, Trustor granls to Lender a Uniform
Commercial Code security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS ANO THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND All OBLIGATIONS
UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that (a) this Deed of Trust is executed at Borrower's request and
not at the request of Lender; (b) Trustor has the full power. right and authority to enter into this Deed of Trust and to hypothecate the
Property: (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
TRUSTOR'S WAIVERS. Except as prohibited by applicable law, Trustor waives any right to require Lender to (a) make any presentment,
protest, demand. or notice of any kind, including notice of change of any terms of repayment of the Indebtedness. default by Borrower or
any other guarantor or surety, any action or nonaction taken by Borrower, Lender, or any other guarantor or surety of Borrower, or the
creation of new or additional Indebtedness; (b) proceed against any person, including Borrower, before proceeding against Trustor; (c)
proceed against any collateral for the Indebtedness, including Borrower's collateral, before proceeding against Trustor: (d) apply any
payments or proceeds received against the Indebtedness in any order; (e) gl~e notice of the terms, time, and place of any sale of any
collateral pursuant to the Uniform Commercial Code or any other law governing such sale: (f) disclose any information about the
Indebtedness, Borrower, any collateral, or any other guarantor or surety, or about any action or nonaction of Lender; or (g) pursue any
remedy or course of action in Lender's power whatsoever.
Trustor also waives any and all rights or defenses arising by reason of (h) any disability or other defense of Borrower, any other guarantor
or surety or any other person; (i) the cessation from any cause whatsoever, other than payment in full, of Jhe Indebtedness: OJ the
application of proceeds of lhe Indebtedness by Borrower for purposes other than the purposes understood and intended by Trustor and
Lender; (k) any act of omission or commission by Lender which direclly or indirectly results in or contributes to the discharge of Borrower
or any other guarantor or surety, or the Indebtedness, or the toss or release of any collateral by operation of law or otherwise: (I) any
statute of limitations in any action under this Deed of Trust or on the Indebtedness; or (m) any modification or change in terms of the
Order: Non-Order Search Doc: 50:2013 00605290 Page 1 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
Loan No: 733000007681
DEED OF TRUST
(Continued)
4513
Page 3
Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
to Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
this Deed of Trust.
Compliance with Governmental Requirements. Trusler shall promptly comply with all laws. ordinances. and regulations. now or
hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. including without limitation, the
Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
during any proceeding, including appropriate appeals, so lang as Trustor has notified Lender in writing prior to doing so and so long as.
in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
or a surety bond. reasonably satisfactory to Lender. to protect Lender's interest.
Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
preserve the Property.
DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
Deed of Trust upon the sale or transfer. without Lender's prior written consent, of all or any part of the Re<~l Property. or any interest in the
Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
beneficial or equitable; whether voluntary or involuntary: whether by outright sale, deed. installment sale contract, land contract, contract
for deed. leasehold interest with a term greater than three {3) years. lease-option contract, or by sale, assignment, or transfer of any
beneficial interest in or to any land trust holding title to the Real Property. or by sny other method of conveyance of an interest in the Real
Property. II any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
than twenty-five percent (25%) of the voting stock. partnership interests or limited liability company interests, as the case may be, of such
Trustor. However, this option shall not be exercised by Lender If such exercise is prohibited by applicable law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
Payment. Trustor shall pay when due (and in all events at least ten (10} days prior to delinquency) all taxes, special taxes,
assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay
when due all claims for work done on or for sel'llices rendered or material furnished to the Property. Trustor shall maintain the
Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes
and assessments not due and except as otherwise provided in this Deed of Trust.
Riglll to Contest. Trustor may withhold payment of ;:~ny tax, assessment. or claim in connection with a good faith dispute over the
obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trustor shall defend itself and Lender and shall
satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
surety bond furnished in the contest proceedings.
Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
against the Property.
Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is commenced, any Sel'\lices are
furnished, or any materials are supplied to the Property, if any mechanic's lien. materialmen's lien, or other lien could be asserted on
account of the work, services. or materials. Trustor will upon request of Lender furnish to Lender advance assurances satisfactory to
Lender that Trustor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
Lender being named as additional Insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require.
Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard insurance in excess of the replacement value of
the improvements on the Real Property. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to
Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to
Lender from time to time the policies or certificates of i11surance in form satisfactory to Le11der, including stipulations that coverages
will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also sMII
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of
Trustor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency
Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available. for the
full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set
under the National Flood Insurance Pragram. or as otherwise required by lender, and to maintain such insurance for the term of the
loan.
Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
if Trustor fails to do so within fifteen (15) days of the casualty. If in Lender's sole judgment Lender's security interest in the Property
Order: Non-Order Search Doc: 50:2013 00230014 Page 3 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
Loan No: 732000006448
DEED OF TRUST
{Continued)
611
Page 2
Indebtedness, whatsoever, including without limitation, the renewa~ extension, acceleration, or other change in the time payment of the
Indebtedness Is due and any change in the Interest rate.
Trustor waives all rights and defenses arising out of an election of remedies by Lender, even though that election of remedies, such as
non-judici<:>l foreclosure with respect to security for a guaranteed obligation, has destroyed Trustor's rights of subrogation and
reimbursement against Borrower by the operation of Section 580d of the California Code of Civil Procedure, or otherwise.
Trustor waives all rights and defenses that Tnustor may have because Borrower's obligation is secured by real property. This mear1s
among other things: (1) Lender may collect from Trustor without first foreclosing on any real or personal property collateral pledged by
Borrower. (2} If Lender forecloses on any real property collateral pledged by Borrower: (A) The amount of Borrower's obligation may be
reduced only by the price for which the collateral is sold at the foreclosure sale, even if the collateral is worth more than the sale price. (B)
Lender may collect from Trustor even if Lender, by foredosing on the real property collateral, has destroyed any right Trustor may have to
collect from Borrower. This is an unconditional and irrevocable w<>iver of any rights and defenses Tnustor may have because Borrower's
obligation is secured by real property. These rights and defenses include, but are not limited to, any rights and defenses based upon
Section 580a, 580b, 580d, or 726 of the Code of Civil Procedure.
Trustor understands and agrees that the foregoing waivers are unconditional and irrevocable waivers of substantive rights and defenses to
which Trustor might otherwise be entitled under state and federal law. The rights and defenses waived include, without limitation, those
provided by California laws of suretyship and guaranty, anti-deficiency laws. and the Uniform Commercial Code. Trustor acknowledges
that Tnustor has provided these waivers of rights and defenses with the intention that they be fully relied upon by Lender. Trustor further
understands and agrees that this Deed of Trust is a separate and independent contract between Trustor and Lender, given for full and
ample consideration, and is enforceable on its own terms. Ur1til all Indebtedness is paid In full, Trustor waives any right to enforce any
remedy Trustor may have against Borrower's or any other guarantor, surety. or other person, and further. Trustor waives any right to
participate in any collateral for the Indebtedness now or hereafter held by Lender.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
this Deed of Tnust, and the Related Documents.
POSSESSION AND MAINTENANCE OF TilE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
(2) use. operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Tnustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacemeflts, and
maintenance necessary to preserve its value.
Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
of the Property, there has been no use. generation. manufacture, storage, treatment. disposal, release or threatened release of any
Hazardous Substance by any person on, under, about or from the Property; (2) Tnustor has no knowledge of, or reason to believe
that there has been. except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
Ha~ardous Subst;mce on, under. about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
threatened litigation or claims of any kind by any person relating to such matters; al\d (3) Except as previously disclosed to and
acknowledged by Lender in writing, (a) neither Trustor nor any tenant. cor1tractor, agent or other authorized user of the Property
shall use. generate. manufacture. store, treat, dispose of or release any Hazardous Substance on. under, about or from the Property;
and (tJ) any such activity shall be conducted in compliance with all applicable federal, state. and local laws. regulations and
ordinances. including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
with this secUon of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
constnued to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
warrarlties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
hereby (1) releases and waivl;ls any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
cleanup or other costs under any such laws; and {2} agrees to indemnify, defend, and hold harmless Lender against any and all
claims. losses. liabilities, damages. penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture. storage, disposal, release or
threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend. shall
survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
affected by Lender's acquisition of any interest in the Property. whether by foreclosure or otherwise.
Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
any other party the right to remove, any timber, minerals (including oil and gas). coal, clay, scoria. soil, gravel or rock products
without Lender's prior written consent.
~emoval of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
to Lender to replace such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
attend to Lender's interests and to inspect the Real Property for purposes ofT rustor's compliance with the terms and conditions of
this Deed of Trust.
Compliance with Governmental Requirements. Trustor shall promptly comply with atl laws, ordinances, and regulations, now or
hereafter in effect. of all governmental authorities applicable to the use or occupancy of the Property, including without limitation. the
Order: Non-Order Search Doc: 50:2013 00605290 Page 2 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
Loan No: 732000006448
DEED OF TRUST
(Continued)
612
Page 3
Americans With Disabilities Act. Trustor may contest in good faith any such law, ordinance, or regulation and withhold compliance
during any proceeding. including appropriate Clppeals, so long as Trustor has notified Lender in writing prior to doing so and so long as,
in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Trustor to post adequate security
or a surely bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Trustor agrees neither to abandon or leave unattended the Property. Trustor shall do all other acts, in addition to
those acts set forth above in this section. which from the chClracter ::md use of the Property are reasonClbly necessary to protect and
preserve the Property.
DUE ON SALE • CONSENT BY LENDER. lender may. at Lender's option, declare immediately due and payable all sums secured by this
Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installmer>t sale contract, land contract, contract
for deed, leasehold interest with a term greater than three (3) years, lease-option contract. or by sale. assignmer1t. or transfer of any
beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
Property. If any Trustor is a corporation, partnership or limited liability company, transfer also Includes any change in ownership of more
than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
Trustor. However, this option shall not be exercised by Lender if such exercise is prohibited by applicable law.
TAXES ANO LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
Payment Trustor shall pay when due (and In all events at least ten (10) days prior to delinquency) all taxes, special taxes,
assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Trustor shall maintain the
Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust. except for the lien of taxes
and assessments not due. except for the Existing Indebtedness referred to below, and except as otheiWise provided in this Deed of
Trust.
Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
obligation to pay, so long as Lende~s interest in the Property ls not jeopardized. If a lien arises or is filed as a result of nonpayment,
Trustor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Trustor has notice of the
filing. secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
that could accrue as a result of a foreclosure or sate under the lien. In any contest, Trustor shall defend itself and Lender and shall
satisfy any adverse judgment before enforcement against the Property. Trustor shall name Lender as an additional obligee under any
surety bond furnished in the contest proceedings.
Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes ar1d assessments
against the Property.
Notice of Construction. Trustor shall notify Lender at least fifteen {15) days before any work is commenced, any services are
furnished, or any materials are supplied to the Property, if any mechanic's lien. materialmen's lien, or other lien could be asserted on
account of the work, services. or materials. Trustor will upon request of Lender furnish to Lender ;~dvance assurances satisfactory to
lender that Trustor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The lollowing provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
Lender being named as additional insureds in such liability insurance policies. Additionally. Trustor shall maintain such other
insurance, including but not limited to hazard, business interruption, and boiler insunmce. as Lender may reasonably require.
Notwithstanding the foregoing, in no event shall Trustor be required to provide hazard insurance in excess of the replacement value of
the improvements on the Real Property. Policies shall be written in form. amounts. coverages and basis reasonably acceptable to
Lender and issued by a company or companies reasonably acceptable to Lender. Trustor. upon request of Lender, will deliver to
Lender from time to time the policies or certificates of insurance in fonn satisfactory to Lender, including stipulaUons lhat coverages
will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of
Trustor or any other person. Should the Real Property be located in an area designated by the Director of the f'ederal emergency
Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood Insurance, if available. within
45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance
of the loan Clnd any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood
lnsur<mce Program, or as otherwise required by Lender. and to rnaintain such insurance for the term of lhe loan.
Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
if Trustor fails to do so within fifteen (15) days of the casualty. II in Lende~s sole judgment Lende~s security interest in the Property
has been impaired, Lender may, at Lender's election, receive <Jnd retain the proceeds of any insurance and apply the proceeds to the
reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If the
proceeds are to be applied to restoration and repair, Trustor shaH repair or replace the damaged or destroyed Improvements in a
manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds
for the reasonable cost of repair or restoration if Trustor is not in default under lhis Deed of Trust. Any proceeds which have not been
disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be
used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any. shall
be applied to !he principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such
Order: Non-Order Search Doc: 50:2013 00605290 Page 3 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
' .
Loan No. 732000006448 625
of each and every person acquiring any interest in or title to the Real Property subsequent to the
date of this Deed of Trust and on behalf of all persons to the extent permitted by applicable law.
14. Usury Laws.
This Deed of Trust and the Note are subject to the express condition that at no time shall
Trustor be obligated or required to pay interest on the principal balance due under the Note at a
rate which could subject the holder of the Note to either civil or criminal liability as a result of being
in excess of the maximum interest rate which Trustor is permitted by law to contract or agree to
pay. If by the terms of this Deed of Trust or the Note, Trustor is at any time required or obligated
to pay interest on the principal balance due under the Note at a rate in excess of such maximum
rate, the rate of interest under the Note shall be deemed to be immediately reduced to such
maximum rate and the interest payable shall be computed at such maximum rate and all prior
interest payments in excess of such maximum rate shall be applied and shall be deemed to have
been payments in reduction of the principal balance of the Note.
15. Indemnity.
Trustor shall protect, indemnify and save harmless Beneficiary from and against all
liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses
(including without limitation reasonable attorneys' fees and expenses), imposed upon or incurred
by or asserted against Beneficiary by reason of (a) ownership of this Deed of Trust, the Real
Property or any interest therein or receipt of any Rents; (b) any accident, injury to or death of
persons or loss of or damage to property occurring in, on or about the Real Property or any part
thereof or on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets
or ways; (c) any use, nonuse or condition in, on or about the Real Property or any part thereof or
on the adjoining sidewalks, curbs, adjacent property or adjacent parking areas, streets or ways; (d)
any failure on the part of Trustor to perform or comply with any of the terms of this Deed of Trust;
or (e) performance of any labor or seNices or the furnishing of any materials or other property in
respect of the Real Property or any part thereof. Any amounts payable to Beneficiary by reason
of the application of this paragraph shall become immediately due and payable and shall bear
interest at the Default Rate. The obligations of Trustor under this paragraph shall suNive any
termination or satisfaction of this Deed of Trust.
SHINHAN BANK AMERICA
330 51h Avenue, 41h Floor, New York, NY 10001 Ph. 646-843-7300 Fax. 212-679-5731
Order: Non-Order Search Doc: 50:2013 00605290 Page 4 of 4 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
RECORDING REQUESTED BY
5PL. \V\c_,
WHEN RECORDED MAIL THIS DOCUMENT
AND TAX STATEMENTS TO:
Young Soo Pyo and Eun Hee Kim
5487 White Oak Lane
San Diego, CA 92130
APN: 203-303-24-00
DOC# 2015-04154 79
1111111111111111111111111111111111111111111111111111111111111111111111
Aug 06, 2015 08:20 AM
OFFICIAL RECORDS Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER FEES: $15.00
PCOR: YES
PAGES: 1
Space above this line for Recorder's use
TRUST TRANSFER DEED
GRANT DEED (EXCLUDED FROM REAPPRAISAL UNDER PROPOSITION 13, I.E., CALIF. CON ST. ART 13A§ I ET. SEQ.) j.) 1\:10 Cbf\)5 \Slf ~A-T\()N
THE UNDERSIGNED GRANTOR(S) DECLARE(S) UNDER PENALTY OF PERJURY THAT THE FOLLOWING IS TRUE AND CORRECT:
THERE IS NO CQN'SIDERA TION FOR THIS TRANSFER. There is no documentary transfer tax due. This conveyance transfers an interest into
or out of a Living Trust, R&T 11930. This is a trust transfer under §62 of the revenue and taxation code and grantors have checked the
applicalbe exclusion:
.S Transfer to a revocable trust;
0 Transfer to a trust where the trustor or the trustor's spouse is the sole beneficiary;
0 Change of trustee holding title;
0 Transfer from trust to trustor or trustor's spouse where prior transfer to trust was excluded from reappraisal and for a valuable
consideration, receipt of which is acknowledged.
GRANTOR(S): Young Soo Pyo and Eun Hee Kim, Husband and Wife as Community Property
hereby GRANT(S) TO:
YOUNG SOO PYO AND EUN HEE KIM, TRUSTEES OF THE PYO FAMILY TRUST DATED JULY 13,2010 (as the
community property of Young Soo Pyo and Eun Hee Kim)
the real property in the City ofCalsbad, County of San Diego, State of California, described as:
Lots 7, 8, 9, 10, II, 12 in Block 49, Town ofCalsbad, in the City ofCalsbad, County of San Diego, State of California, according
to Map thereofNo. 535, filed in the office of the County Recorder of San Diego County, May 2, 1888.
Commonly known as: 2958 Madison Street, Calsbad, CA 92008
AP#: 203-303-24-00
o.,,, 6/16/.>.<'~0
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA } ss: COUNTY OF ko? ~ele$
On JUite-i {, 1 ~l5 before me, ____ tc.... ,_,I...J~UV\~_'{c"-o_u-=-~:=,;-.-'-Jij-=-o.._"--'--------' a Notary Public, personally
(here inslrt name and tttle of the officer)
appeared Young Soo Pyo and Eon Hee Kim . 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 capacity(ies), and that by their
signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NotarySignature .~
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
Young Soo Pyo and Eun Hee Kim, 5487 White Oak Lane, San Diego, CA 92130
Order: Non-Order Search Doc: 50:2015 00415479 Page 1 of 1 Created By: jhall Printed: 5/18/2016 1:22:24 PM PST
City of Carlsbad
Faraday Center
Faraday Cashiering 001
1613901-2 05/18/2016 149
Wed, May 18, 2016 12:18 PM
Receipt Ref Nbr: R1613901-2/0034
PERMITS -PERMITS
Tran Ref Nbr: 161390102 0034 0037
Trans/Rcpt#: R0117476
SET #: RP160010
Amount:
Item Subtota 1 :
Item Tot a 1:
ITEM(S) TOTAL:
Check (Chk# 001020)
Total Received:
Have a nice day!
1 @ $487.24
$487.24
$487.24
$487.24
$487.24
$487.24
**************CUSTOMER COPY*************
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
Applicant: PYO YOUNG SOO&KIM EUN HEE
Description Amount
RP160010 487.24
2958 MADISON ST CBAD
Receipt Number: R0117476 Transaction ID: R0117476
Transaction Date: 05/18/2016
Pay Type Method Description Amount
Payment Check 487.24
Transaction Amount: 487.24