HomeMy WebLinkAboutPhillips, Julian P & Joy L; 1999-05-28;.., .: .
1 ‘.
FREE RECORDING REQUESTED
g2%c # 1999~0371574
MCIY 28. 1999 I:50 PM
Q PURSUANT TO GOVERNMENT omI#lEcfRDo CODE SECTIONS 27383 and 6103 fMDI&.. cuM& lifa&Rg . s
WHEN RECORDED PLEASE MAIL TO: :
Yii:
.
3 O O” City of C&bad
City Clerk’s Office
Attn: City Clerk II~~lIw IIwwIxvI~~~lll~l~l~l~l~l 1999-0371574
1200 Carlsbad Village Drive
Carlsbad, CA 92008
1/h-,eo- - 73dO4YL
(Space above this line for Recorder’s Use)
Loan No: RANCAR-
CITY OF CARLSBAD
HOUSING AND REDEVELOPMENT DEPARTMENT
MOBILEHOME PARR RESIDENT OWNERSHIP LOAN
NOTICE TO BORROWER
THIS DEED OF TRUST CONTAINS
PROVISIONS RESTRICTING ASSUMPTIONS
DEED OF TRUST WITH ASSIGNMENT OF RENTS
SECURITY AGREEMENT AND FIXTURE FILING
THIS DEED OF TRUST, made this u day of m, 1999, among the Trustors JULIAN P-.
PHILLIPS AND JOY L. PHILLIPS. husband and wife, as Joint Ten@ (individually and
collectively “Borrower”), and Chicago Title (“Trustee”), and the Beneficiary, City of Carlsbad
Housing and Redevelopment, whose address is set forth above (together with its successors in
interest referred to herein as the “City”).
BORROWER, in consideration of the indebtedness herein recited and the trust herein
created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the property
located in the City of Carlsbad, County of San Diego, State of California, described in Exhibit
“A” attached hereto and made a part hereof by reference;
TOGETHER with all the improvements now and hereafter erected on the Property, and
all easements, rights, appurtenances, and all fixtures now or hereafter attached to the Property
covered by this Deed of Trust; and all of the foregoing, together with said property are herein
referred to as the “Property”;
TO SECURE to City the repayment of the indebtedness evidenced by Borrower’s
promissory note dated Mav 17, 1999, (the “Note”), in the principal sum of Twentv Seven
Thousand Five Hundred and zero one hundredths Dollars ($27,500.00); the payment of all other
sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed
1010\09\112811.1 1
.
9284
of Trust; and the performance of the covenants and agreements of Borrower herein contained,
and in a Security Agreement between Borrower and City of even date herewith.
BORROWER AND CITY COVENANT AND AGREE AS FOLLOWS:
1. Borrower’s Estate. That Borrower lawfully owns the estate hereby conveyed and has
the right to grant and convey the Property and Borrower will warrant and defend generally the
title to the Property against all claims and demands, subject to any declarations, easements, or
restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring
City’s interest in the Property.
2. Uniform Commercial Code Security Agreement, Financing Statement and Fixture
Filing. This Deed of Trust is a security agreement and financing statement under the Uniform
Commercial Code for the benefit of City as secured party for any of the items specified above as
part of the Property which, under applicable law, may be subject to a security interest pursuant to
the Uniform Commercial Code, and the Borrower hereby grants the City a security interest in
said items. This Deed of Trust is tiled as a fixture tiling and covers goods which are or are to
become fixtures. The address of the principal place of business of lender (secured party) from
which information concerning the security interest may be obtained and the mailing address of
Borrower (debtor) are set forth in this Deed of Trust. The types or items of collateral are
described in the description of “Property” in this Deed of Trust. Borrower agrees that the City
may tile any appropriate document in the appropriate index as a financing statement for any of
the items specified above as part of the Property. In addition, Borrower agrees to execute and
deliver to the City, upon the City’s request, any financing statements, as well as extensions,
renewals and amendments thereof, and reproductions of this instrument in such form as the City
may require to perfect a security interest with respect to said items. Borrower shall pay all costs
of tiling such financing statements and any extensions, renewals, amendments, and releases
thereof, and shall pay all reasonable costs and expenses of any record searches for financing
statements, and releases thereof, as the City may reasonably require. Without the prior written
consent of the City, Borrower shall not create or suffer to be created pursuant to the Uniform
Commercial Code any other security interest in said items, including replacements and additions
thereto, except as otherwise expressly permitted by City. Upon an acceleration as provided
herein or in the Note, the City shall have the remedies of a secured party under the Uniform
Commercial Code and, at the City’s option, may also invoke the other remedies provided in this
Deed of Trust and the Note as to such items. In exercising any of said remedies, the City may
proceed against the items of real property and any items of personal property specified above as
part of the Property separately or together and in any order whatsoever, without in any way
affecting the availability of the City’s rights or remedies under the Uniform Commercial Code or
of the other remedies provided in this Deed of Trust, in the Loan Documents, or by law.
Borrower agrees that the filing of any financing statement in the records normally having
to do with personal property shall not be construed as derogating from or impairing this Deed of
Trust and the intention of the parties hereto that those portions of the Property herein declared
part of the real estate are, and at all times and for all purposes and in all proceedings both legal or
equitable shall be regarded as part of the real estate irrespective of whether any such item is
1010\09\112811.1 2
9285
physically attached to the improvements or any such item is referred to or reflected in any such
financing statement so tiled at any time.
Similarly, the mention in any such financing statement of (a) compensation for damage or
destruction of the Property by insured casualty, or (b) any judgment, award, or other
compensation for a taking of the Property by eminent domain, or (c) the rents, royalties, issues,
accounts and profits of the Property under leases, shall never be construed as altering any of the
City’s rights as determined by this Deed of Trust or impugning the priority of the City’s lien
granted hereby or by any other recorded document, but such mention in the financing statement is
declared to be for the protection of the City in the event that any court or judge shall at any time
hold with respect to (a), (b), or (c) of this paragraph that notice of the City’s priority of interest to
be effective against a particular class or person, including without limitation the federal
government or any subdivision or entity thereof, must be filed as provided for in the Uniform
Commercial Code.
3. Pavment of Principal. Borrower will promptly pay when due the principal of the
indebtedness evidenced by the Note and late charges as provided by the Note.
4. Aunlication of Pavments. Unless applicable law provides otherwise, all payments
received by City under the Note will be applied by City first for late charges or other payments
due under the Note or this Deed of Trust, and then to the principal of the Note.
5. Assignment of Rents; City in Possession. Borrower hereby absolutely and
unconditionally assigns and transfers to City all of Borrower’s right, title and interest to leases,
rents, issues, profits and income from the Property, and hereby gives to and confers upon City the
right, power and authority, but not the obligation, to collect same.
The foregoing is an absolute assignment, effective upon execution and delivery of this
Deed of Trust, not an assignment merely for security, and it is independent of the City’s actual or
constructive possession of the Property. Borrower acknowledges that neither the foregoing
assignment, not the exercise of the City’s rights and remedies under this Deed of Trust,
including, without limitation, possession by a court appointed receiver obtained by the City or a
receiver by agreement between Borrower and City, shall make City a “mortgagee-in-possession”
or otherwise create in City any responsibility, obligation, or liability with respect to the Property
and its expenses, and Borrower hereby waives the benefit of any statutory or decisional law that
would impose the same upon City.
Notwithstanding anything to the contrary contained in this Deed of Trust, upon condition
that no Event of Default shall have occurred, Borrower shall have a license to collect all legal and
economic benefits of the Property assigned to the City pursuant to this paragraph. Upon
occurrence of an Event of Default, without the necessity of notice to Borrower or any other act to
enforce City’s interest pursuant to this assignment, the foregoing license in Borrower shall be
deemed revoked, Borrower shall have no interest whatsoever, either legal and/or economic, in the
rents or other benefits of the Property assigned hereunder that are received by, or which are
currently held, by Borrower after an event of default, and all such rents and other benefits of the
Property shall be received and held by Borrower in constructive trust for City and delivered
,010\09\112811.1 3
9286 -
promptly in kind to City, or to a court-appointed receiver for the Property, without the necessity
for further notice to, or demand upon, Borrower.
6. Junior Encumbrances. Any subsequent encumbrance of the Property is hereby notified
that upon exercise of any power of sale or foreclosure by encumbrance, such encumbrance will
take title to the Property subject to this Deed of Trust, and more specifically, subject to paragraph
14 of this Deed of Trust prohibiting assumptions of the loan made by City to Borrower, except as
specified in said paragraph.
7. Charges; Liens. Borrower will pay all taxes, assessments and other charges, tines and
impositions attributable to the Property which may attain a priority over this Deed of Trust, at or
prior to the time they are required to be paid, by Borrower making payment directly to the payee
thereof.
Borrower will promptly furnish to City receipts evidencing such payments. Borrower
will promptly discharge any lien which has priority over this Deed of Trust; provided, that
Borrower will not be required to discharge any such lien so long as Borrower will agree in
writing to the payment of the obligation secured by lien in a manner acceptable to City, or will in
good faith contest such lien by, or defend enforcement of such lien in, legal proceedings which
operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof.
8. Hazard Insurance. Borrower will keep the improvement(s) now existing or hereafter
erected on the Property insured in such amounts and for such periods as City may require, which
amounts shall be greater of (1) the outstanding principal balance of the Note plus the amount of
any other loan for or secured by the Property, (2) the amount, in City’s determination, necessary
to prevent Borrower from becoming a co-insurer, or (3) the amount of the replacement cost of the
Property.
The insurance carrier providing this insurance shall be licensed to do business in the State
of California and be chosen by Borrower subject to approval by City; provided, that such
approval will not be unreasonably withheld. Borrower agrees to pay all premiums on all
insurance policies required from time to time.
All insurance policies and renewals thereof will be in a form acceptable to City and will
include a standard mortgagee clause with standard endorsement number 438BFU in favor of and
in a form acceptable to City. City will have the right to hold the policies and renewals thereof,
and Borrower will promptly furnish to City all renewal notices and all receipts of paid premiums.
In the event of loss, Borrower will give prompt notice to the insurance carrier and City. City may
make proof of loss if not made promptly by Borrower.
Unless City and Borrower otherwise agree in writing, insurance proceeds will be applied
to restoration or repair of the Property damaged, provided such restoration or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired. If such
restoration or repair is not economically feasible or if the security of this Deed of Trust would be
impaired, the insurance proceeds will be applied to the sums secured by this Deed of Trust, with
the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower
fails to respond to City within thirty (30) days from the date notice is mailed by City to Borrower
1010\09\112811.1 4
that the insurance carrier offers to settle a claim for insurance benefits, City is authorized to
collect and apply the insurance proceeds at City’s option either to restoration or repair of the
Property or to the sums secured by this Deed of Trust.
Unless City or Borrower otherwise agree in writing, any such application of proceeds to
principal will not extend or postpone the due date of the Note. If the Property is acquired by
City, all right, title and interest of Borrower in and to any insurance policies and in and to the
proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass
to City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or
acquisition.
9. Preservation and Maintenance of Proper&. Condominiums. Cooperatives, Planned
Unit Developments. Borrower will keep the Property in good repair and will not commit waste
or permit impairment or deterioration of the Property. If this Deed of Trust is on a unit in a
condominium, a planned unit development, or cooperative, Borrower will perform all of
Borrower’s obligations under the declaration or covenants, conditions and restrictions, creating or
governing the condominium, planned unit development, or cooperative, the by-laws and
regulations of the condominium, planned unit development, or cooperative and constituent
documents. Borrower will not, without City’s prior written consent, agree to the abandonment or
termination of the condominium, planned unit development or cooperative, any change in the
percentage interest of owners in the common areas and facilities of the condominium, planned
unit development, or cooperative or the termination of professional management and assumption
of self-management of the condominium, planned unit development, or cooperative.
10. Protection of Citv Security. If Borrower fails to perform the covenants and
agreements contained in this Deed of Trust, or if any action or proceeding is commenced which
materially affects City’s interest in the Property, including, but not limited to, eminent domain,
insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent,
then City at City’s option, upon notice to Borrower, may make such appearances, disburse such
sums and take such action as is necessary to protect City’s interest, including, but not limited to,
disbursement of reasonable attorney’s fees and entry upon the Property to make repairs.
Any amounts disbursed by City pursuant to this paragraph, with interest thereon, will
become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower
and City agree to other terms of payment, such amounts will be payable upon notice from City to
Borrower requesting payment thereof, and will bear interest from the date of disbursement at the
rate of 10% per annum, unless payment of interest at such rate would be contrary to applicable
law, in which event such amounts will bear interest at the highest rate permissible under
applicable law. Nothing contained in this paragraph will require City to incur any expense or
take any action hereunder.
11. Inspection. City may make permissible or cause to be made reasonable entries upon
and inspections of the Property, provided that City will give Borrower reasonable notice of
inspection.
1010\09\112811.1
12. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the Property, or part
thereof, or for conveyance in lieu of condemnation, are hereby assigned and will be paid to City.
In the event of a total taking of the Property, the proceeds will be applied to the sums
secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial
taking of the Property, unless Borrower and City otherwise agree in writing, there will be applied
to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that
proportion which the amount of sums secured by this Deed of Trust immediately prior to the
date of taking bears to the fair market value of the Property immediately prior to the date of
taking, with the balance of the proceeds paid to Borrower.
If the Property is abandoned by Borrower, or if, after notice by City to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to
City within thirty (30) days after the date such notice is mailed, City is authorized to collect and
apply the proceeds, at City’s option, either to restoration or repair of the Property or to the sums
secured by this Deed of Trust. Unless City and Borrower otherwise agree in writing, any such
application of proceeds to principal will not extend or postpone the due date of any scheduled
payment referred to above or change the amount of such payment.
13. Forbearance bv City Not a Waiver. Any forbearance by City in exercising any right
or remedy will not be a waiver of the exercise of any such right or remedy. The procurement of
insurance or the payment of taxes or other liens or charges by City will not be a waiver of City’s
rights to accelerate the maturity of the indebtedness secured by this Deed of Trust.
14. Loan Not Assumable, Transfer of Property Prohibited; Limited Exceptions. Where
City administered funds continue to be used in financing the purchase or continued use of the
Property, no transfer of the Property will be permitted, and no successor in interest to the
Borrower(s) will be permitted to assume the Borrower(s) loan evidenced by this Note, unless the
written consent of City to the transfer has been first obtained. No such consent will be given by
the City except in the following limited circumstances:
a. Th transfer results from the death of a Borrower and the transfer is to the
surviving spouse of the Borrower and the surviving spouse is also a
Borrower.
b. Transfer by a Borrower to his or her spouse when the spouse becomes by
such transfer a co-owner of the Property.
C. A transfer of the Property resulting from a decree of dissolution of the
marriage or legal separation or from a property settlement agreement
incidental to such a decree which requires the Borrower to continue to
make payments on the Note and by which a spouse who is already a
Borrower becomes the sole owner of the Property.
d. A transfer by a Borrower to an inter vivos trust in which the Borrower is
the sole beneficiary.
1010\09\112811.1 6
9289 -
e. A transfer by means of encumbering the Property with a lien which is
junior to the lien securing the loan to Borrower evidenced by this Deed of
Trust.
15. Events of Default; Acceleration. Intention of Foreclosure. Any one or more of the
following events shall constitute a default under this Deed of Trust: (a) failure of the Borrower
to pay the indebtedness secured hereby, whether principal, or otherwise, when and as the same
becomes due and payable, whether at maturity or by acceleration or otherwise; or (b) failure of
Borrower to observe or to perform any covenant, condition or agreement to be observed or
performed by Borrower pursuant to this Deed of Trust or the Note.
In the event of any default as set forth in this paragraph, City, without demand on
Borrower, may declare all sums hereby secured immediately due and payable by notice thereof to
the Borrower or by executing and recording or by causing the Trustee to execute and record a
notice of default and election to cause the Property to be sold to satisfy the obligations secured
hereby or by the commencement of an appropriate action to foreclose this Deed of Trust or by
any other appropriate manner;
16. Nonliabilitv for Negligence, Loss or Damage. Borrower acknowledges, understands
and agrees that the relationship between Borrower and the City is solely that of borrower and
lender, and that the City does not undertake or assume any responsibility for or duty to Borrower
to select, review, inspect, supervise, pass judgment on, or inform Borrower of the quality,
adequacy or suitability of the Property or any other matter. The City owes no duty of care to
protect Borrower against negligent, faulty, inadequate or defective building or construction or
any condition of the Property and Borrower agrees that neither Borrower, or Borrower’s heirs,
successors or assigns shall ever claim, have or assert any right or action against the City for any
loss, damage or other matter arising out of or resulting from any condition of the Property and
will hold the City harmless from any liability, loss or damage for these things.
17. Indemnity. Borrower agrees to defend, indemnify, and hold the City harmless from
all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys fees
that the City may incur as a direct or indirect consequence of:
a.
b.
the making of the loan to Borrower;
Borrower’s failure to perform any obligations as and when required by the
Note or this Deed of Trust; or
C. the failure at any time of any Borrower’s representations to the City to be
true and correct.
18. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and
cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity,
and may be exercised concurrently, independently or successively.
1010\09\,,28,1.l 7
9290
19. Successors and Assigns Bound. The covenants and agreements herein contained
shall bind, and the rights hereunder shall inure to, the respective successors and assigns of City
and Borrower subject to the provisions of this Deed of Trust.
20. Joint and Several Liability. All covenants and agreements of Borrower shall be joint
and several.
21. Notice. Except for any notice required under applicable law to be given in another
manner, (a) any notice to Borrower provided for in this Deed of Trust will be given by certified
mail, addressed to Borrower at the Property address or such other address as Borrower may
designate by notice to City as provided herein, and (b) any notice to City will be given by
certified mail, return receipt requested, to City’s address stated above, or to such other address as
City may designate by notice to Borrower as provided above.
22. Govemine Law. This Deed of Trust shall be governed by the laws of the State of
California.
23. Severability. In the event that any provision or clause of this Deed of Trust or the
Note conflicts with applicable law, such conflict will not affect other provisions of this Deed of
Trust or the Note which can be given effect without the conflicting provision, and to this end the
provisions of the Deed of Trust and the Note are declared to be severable.
24. Captions. The captions and headings in this Deed of Trust are for convenience only
and are not to be used to interpret or define the provisions hereof.
25. Reconvevance. Upon payment of all sums secured by this Deed of Trust, City will
request Trustee to reconvey the Property and will surrender this Deed of Trust and the Note
evidencing the indebtedness secured by this Deed of Trust to Trustee. Trustee will reconvey the
Property without warranty and without charge to the person or persons legally entitled thereto.
Such person or persons will pay all costs of recordation, if any.
26. Substitute Trustee. City, at City’s option, may from time to time remove Trustee and
appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the
Property, the successor trustee will succeed to all the title, power and duties conferred upon the
Trustee herein and by applicable law.
27. Reauest for Notices. Borrower requests that copies of the notice of default and
notice of sale be sent to Borrower’s address which is the Property.
1010\09\112811.1
28. Beneticiarv Statement. The City may charge a fee of fifty dollars ($50) for furnishing
any statement required by California Civil Code Section 2943.
IN WITNESS WHEREOF, BORROWER HAS EXECUTED
JULIAN P. PHILLIPS
Borrower
5321 DON RICARDO DR SP#70, CARLSBAD, CA 92008
Address
JOY L. PHILLIPS
Borrower
\ &2 xm ’ &nature 9--
.5 -/g- 7;9 , 5321 DON RICARDO DR SP#70, CARLSBAD. CA 92008
Address
Decal #: LAH7636
Description: 1986 Golden West Hm, Kingston, Serial #‘s GW20CALKG9406A; 9406B
ATTACH ACKNOWLEDGEMENTS HERE
1010\09\112811.1 9
2s 9292 EXHIBIT “A” ”
A DETACHED SINGLE FAMILY DWELLING, CONDOMINIUM DESCRIBED AS FOLLOWS:
PARCEL A:
AN UNDIVIDED 1/504TH INTEREST, AS TENANTS IN COMMON IN AND TO PARCEL 1, M THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARCEL MAP THEREOF NO. 17985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, FEBRUARY 04, 1998.
EXCEPTING THEREFROM UNITS I THROUGH 504 INCLUSIVE, AS SHOWN AND DEFINED ON
THAT CERTAIN CONDOMINIUM PLAN OF “RANCH0 CARLSBAD COUNTRY CLUB ESTATES”
RECORDED FEBRUARY 19, 1998 AS FILE NO. 1998-0085694, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE RIGHT TO USE AND OCCUPY THOSE PORTIONS
DEFINED ON SAID CONDOMINIUM PLAN AS “EXCLUSIVE USE EASEMENTS”.
RESERVING THEREFROM AN EASEMENT IN FAVOR OF THE GRANTOR FOR INGRESS,
EGRESS AND SUPPORT THROUGH THE COMMON AREA APPURTENANT TO EACH UNIT AS
SET FORTH IN THE ENABLING DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS RECORDED FEBRUARY 19, 1998, AS FILE NO. 1998-0085695, OFFICIAL
RECORDS (THE “ENABLING DECLARATION”) ; AND
FURTHER RESERVING THEREFROM AN EASEMENT IN FAVOR OF THE GRANTOR AND THE
RANCH0 CARLSBAD OWNERS ASSOCIATION (THE “ASSOCIATION”) FOR ACCESS TO
MAINTAIN, REPAIR OR REPLACE COMMON AREA UTILITIES AND IMPROVEMENTS AS SET
FORTH IN THE ENABLING DECLARATION; AND
ALSO RESERVING THEREFROM AN EASEMENT IN FAVOR OF THE GRANTOR FOR THE
PURPOSE OF ACCOMMODATING MINOR ENCROACHMENTS AS SET,FORTH IN THE
ENABLING DECLARATION; AND
ALSO RESERVING THEREFROM AN EASEMENT FOR THE BENEFIT OF THE REMAINDER
PARCEL, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO PARCEL MAP THEREOF NO. 17985, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4,1998, FOR INGRESS, EGRESS, TOGETHER
WITH THE RIGHT TO CONVEY SAID EASEMENTS TO OTHERS.
PARCEL B:
UNIT 70 AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN REFEREED TO
IN PARCEL I ABOVE, IN FEE.
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, SUPPORT AND RECREATIONAL USE
OVER PARCELS 2,3, AND 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 17985, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 04,1998, AS DESCRIBED IN
ENABLING DECLARATION RECORDED FEBRUARY 29, 1998 AS FILE NO. 1998-0085695,
OFFICIAL RECORDS.
PARCEL D:
AN EXCLUSIVE EASEMENT FOR GENERAL PURPOSES AS DESCRIBED AND DELINEATED IN
THE CC&R’S HEREINAFTER DESCRIBED.
9293
STATE OF CALIFORNIA 1 ) ss. COUNTY OF SAN DIEGO )
On s-/d ,
Public, personally appeared
and,
me, LINDA A. WATTS, Ph,‘l /ij% Notary
proved to me on the basis of satisfactory evidence to be the
persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized
capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted,
executed the instr
in UNOA A WA,,3
'ument. ./---- ,--7 P.
-- - . /. ” (Signature of Notary Public) My commission expires: l/30/02 My commission #1171588
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of
Title or Type of Document:-&
OS tints
wit-h &iq nime,tif
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacityties) Claimed by Signer
Signer' 8 Name :
Individual
Corporate Officer - Title:
Partner - Limited _ General Attorney inact Trustee Guardian or Conservator Other:
Signer is Representing:
tw:jfw5 L,; I,~iF ,,L~“~ST or-
$HIuGO TITLE ~0.‘ .- 9270 DOC ; 19994371571 FREE RECORDING REQUESTED PURSUANT TO
GOVERNMENT CODE SECTIONS 27383 and 6103 MCIY 2B. 1999 1: 50 PM
1
WHEN RECORDED PLEASE MAIL TO: %
City Clerk’s Office
At&: City Clerk
1200 C&bad Village Drive
C&bad, CA 92008
7?304cL-
IcM!Ecaua ; GYi ww ’ I111 lllll IYI Ill llll llllll I /Ill/ lllll lllll llu Illllll II1 Ik3: oJJo 1996-0371571
Space above for Recorder’s use
REOUEST FOR NOTICE OF DEFAULT OR SALE
In accordance with section 2924b, Civil Code, request is hereby made that a copy of any Notice
of Default and a copy of any Notice of Sale under the Deed of Trust recorded, bo cup ,+rf$ L r~ $$
19-, in Book pas ___ (or filed for record with recorder’s serial No. )
’ of official records of San Diego County, California, executed by JULIAN P. AND JOY L.
PHILLIPS, as Trustor (or mortgagor) in which the Marine Corps West Federal Credit Union is
named as Beneficiary (or mortgagee) and Chicago Title, as Trustee, to be mailed to:
City of Carlsbad
Housing and Redevelopment Department
3965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
Attn: Housing and Redevelopment Director
Please print or type
D~rmaMcAfee
(Name of Person Signing)
Title: Escrow Officer
Eqxffis ES- Gznqxmn
Name of Escrow Compan / -
Signature: L
NOTICE: a copy of any Notice of Default ‘and any Notice of Sale will be sent
only to the address contained in this recorded request. If your address changes, a new request
must be recorded.
1010\09\112549.1
- 9271 -
State of cJ.lifornia
cclurltyof or-
On May 20, I299 before me, the undersigned
personally $ceared
NwElm.EoF- -E%‘JW4ECGENOlNIYPJW DONNA,- wqq weGNo;t(s)
a persona!ly known to me - OR. - 0 proved to me on the basis of satisfactory evidence to
be the perSOn whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
ccmm. 11071410
. . .
OPTIONAL
Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED
Ed INDMDUAL
0 CORPORATE OFFICER
mm
DESCRIPTION OF ATTACHED DOCUMENT
Request for Notice of &fault
TRE OR TYPE OF DOCUMENT
0 PARTNER(S)
1
NUMBER OF PAGES
ATTORNEY-IN-FACT ;~~
vJsTEE(S) DATE OF cocUMENr
•GUAIWIAN/C~NSERVATOR q OTHER:
SIGNER(S) OTHER THkN NAMED AEQVE
SIGNER IS REFRESEMINO: NwEoF-~oam~
I 9281 n-
FREE RECORDING REQUESTED PURSUANT TO M-w i 19994371573 uu II
GOVERNMENT CODE SECTIONS 27383 and 6103 pffiy 23, 1999 1: 50 pi
/1 WHEN RECORDED PLEASE MAIL TO: mnmRon]RbB
City of C&bad izi!lsY %i ?fiiiEl
City Clerk’s Office
Attn: City Clerk
1200 Carlsbad Village Drive llll~lYYYYliYY~~IIlllllllHllllll Ii3: ’ o-00
Carlsbad, CA 92008 I989-0371673
7g*brrst Space above for Recorder’s use
REQUEST FOR NOTICE OF DEFAULT OR SALE
In accordance with section 2924b, Civil Code, request is hereby made that a copy of any Notice
of Default and a copy of any Notice of Sale under the Deed of Trust recorded,@*)cu .#F,~$/v &d;fl,
19-, in Book page ~ (or filed for record with recorder’s serial No. ),
of official records of San Diego County, California, executed by JULIAN P. AND JOY L.
PHILLIPS, as Trustor (or mortgagor) in which the State of California Housing and Community
Development is named as Beneficiary (or mortgagee) and Chicago Title, as Trustee, to be mailed
to:
City of Carlsbad
Housing and Redevelopment Department
3965 Roosevelt Street, Suite B
Carlsbad, CA 92008-2389
Attn: Housing and Redevelopment Director
Please print or type
i3x-m McAfee
(Name of Person Signing)
Title: Escrow Officer
Express Escrow Gmpnyy/l
Name of Escrow Co
Signature:
NOTICE: a copy of any Notice of Default and any Notice of Sale will be sent
only to the address contained in this recorded request. If your address changes, a new request
must be recorded.
,010\09\11254!3.1
92~82 -
’ CALIFORNIA ALLPlJRl%SE ACKNOWLEDGMENT
state of California
county of ~==T=
0" May 20, I.999 before me, the undersigned
personally $&ared
wM,moF~ . EG..'J*M Do& NoTmY PuaUD DONNA-
vff=Q=w
&d persona!ly known to me - ORE - 0 proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that
he/she/they, executed the same in his/her/their
authorized capacity(ies), and that by his/her/their . signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
Though the data below is not required bylaw, it may prove vaiuabie to persons relying on the document and couki
prevent fraudulent reeltachment of this form.
CAPACITY CLAIMED BY SIGNED
El INDIWDUAL
•CORP~RATE omCf33
DESCRIPTION OF AlTACHED DOCUMENT
Request for Notice of Default
TilLi OR TYPE OF IXYCUMENT
i%WNER@) thmED
cl GENERAL
1
NUMBER OF PAGES
~0 ATTORNEY-IN-FACT q i~usTEE(s) DATE OF DOCUMENT
•GUARDIAN/CX~NSERVAT~R q OTHER:
SIGNER(S) OTHER THAN NAME0 MOVE
SIGNER IS REF’RESENllNGz NAMEa-~aR-~