HomeMy WebLinkAboutPiccini, Rocco T and Dianne C; 1999-05-28;8380
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:
I. 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 filed as a fixture filing and covers goods which are or are to
become fixtures. The address of the principal place of business oflender (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 file 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 filing 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
10101091112811.1 2
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physically attached to the improvements or any such item is referred to or reflected in any such
financing statement so filed 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 ofthe 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. Payment 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. Application of Payments. Unless applicable Jaw 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
10101091112811.1 3
8382
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, fines 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 43 8BFU 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
10101091112811.1 4
8383
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 Property, 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 City 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.
II. 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\091112811.1 5
8384
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 by 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:
1010\09\112811.1
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.
c.
d.
Transfer by a Borrower to his or her spouse when the spouse becomes by
such transfer a co-owner of the Property.
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.
A transfer by a Borrower to an inter vivos trust in which the Borrower is
the sole beneficiary.
6
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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 obligaticms secured
hereby or by the commencement of an appropriate action to foreclose this Deed of Trust or by
any other appropriate manner;
16. Nonliability for Negligence, Loss or Damage. Borrower acknowledges, understands
and agrees that the relationship between Borrower and the City is solely that of borrower and
lender, and that the City does not undertake or assume any responsibility for or duty to Borrower
to select, review, inspect, supervise, pass judgment on, or inform Borrower of the quality,
adequacy or suitability of the 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. the making of the loan to Borrower;
b. 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 thi,; 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\112811.1 7
8386
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. Governing 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 ofthis 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
provision~ ofthe 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. Reconveyance. 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. Request 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.
1010109\112811.1 8
8387
28. Beneficiary 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 THIS DEED!:TRUST.
ROCCOT.PICCINI ~~{i_~
Borrower Signature
3330 DON QUIXOTE DR SP#4, CARLSBAD, CA 92008
Address
DIANNE C. PICCINI
Borrower
5f~r::~
Signature
3330 DON QUIXOTE DR SP#4, CARLSBAD, CA 92008
Address
Decal#: AAT4473
Description: 1973 Viking, Viking Serial #'s CS40104X; CS40104U
ATTACH ACKNOWLEDGEMENTS HERE
10101091112811.1 9
Page ~
OrderNo. 7330376
DESCRIPTION 8388
A DETACHED SINGLE FAMILY DWELLING, CONDOMINIUM DESCRIBED AS FOLLOWS:
PARCEL A:
AN UNDIVIDED ~/504TH INTEREST, AS TENANTS IN COMMON IN AND TO PARCEL ~. IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL
MAP THEREOF NO. ~7985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 04, ~998.
EXCEPTING THEREFROM UNITS ~ THROUGH 504 INCLUSIVE, AS SHOWN AND DEFINED ON THAT
CERTAIN CONDOMINIUM PLAN OF "RANCHO CARLSBAD COUNTRY CLUB ESTATES" RECORDED
FEBRUARY ~9, ~998 AS FILE NO. ~998-0085694, 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 ~9, ~998, AS FILE NO. ~998-0085695, OFFICIAL RECORDS (THE "ENABLING
DECLARATION") ; AND
FURTHER RESERVING THEREFROM AN EASEMENT IN FAVOR OF THE GRANTOR AND THE RANCHO
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. ~7985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, FEBRUARY 4, ~998, FOR INGRESS, EGRESS, TOGETHER WITH THE RIGHT TO
CONVEY SAID EASEMENTS TO OTHERS .
PARCEL B:
UNIT 4, AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN REFERRED TO IN
PARCEL ~ 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, ~998, AS DESCRIBED IN
ENABLING DECLARATION RECORDED FEBRUARY 29, ~998 AS FILE NO. ~998-0085695,
OFFICIAL RECORDS.
PARCEL D:
AN EXCLUSIVE USE EASEMENT FOR GENERAL PURPOSES AS DESCRIBED AND DELINEATED IN
RECORDING REQUESTED BY:
CITY OF CARLSBAD
AND WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
CITY CLERK'S OFFICE
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008
DOC# 2015-0439222
llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
Aug 19, 2015 08:53AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $43.00
PCOR: N/A
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
WHEREAS, ROCCO T. PICCINI AND DIANNE C. PICCINI was the original Trustor, CHICAGO TITLE was the
original Trustee, and CITY OF CARLSBAD was the original beneficiary under that certain Deed of Trust
dated MAY 17, 1999 and recorded on MAY 28 , 1999 as Document No. 1999-0371343 of Official
Records of SAN DIEGO County, California, describing land therein as: 3330 DON QUIXOTE DRIVE,
CARLSBAD, CA 92010, or more fully described on the attached page marked "Exhibit A"; and
WHEREAS, the undersigned Beneficiary desires to substitute itself as the new Trustee under said deed
of trust in place of CHICAGO TITLE.
NOW THEREFORE, the undersigned hereby substitutes itself as Trustee under said Deed of Trust and
does hereby RECONVEY, without warranty, to the person or persons legally entitled thereto, the
estate now held by it thereunder.
CITY OF CARLSBAD
Dated: ~ ( l ) \, \ ~ B~on, ASSistant City Manager
(Proper Notarial Acknowledgement of Signature Must Be Attached)
CA 1/29/2014
69!8913n
SCHEDULE 'A'
File No.: 6918913n (lv)
Property: 3330 DON QUIXOTE DR, CARLSBAD, CA 92010
PARCEL A:
UNIT 4 AND AN UNDIVIDED INTEREST IN AND TO PARCEll ACCORDING TO PARCEL
MAP THEREOF NO. 17985, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, FEBRUARY 4, 1998.
EXCEPTING THEREFROM UNITS 1 THROUGH 504 INCLUSIVE; AS SHOWN AND DEFINED
ON THAT CERTAIN CONDOMINIUM PLAN OF "RANCHO 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 ENABUNG DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS RECORDED FEBRUARY 19, 1998, AS FILE NO. 1998-0085695, OFFICIAL
RECORDS (THE "ENABUNG DECLARATION"); AND
FURTHER RESERVING THEREFROM AN EASEMENT IN FAVOR OF THE GRANTOR AND THE
RANCHO CARLSBAD OWNERS' ASSOCIATION (THE "ASSOCIATION") FOR ACCESS TO
MAINTAIN, REPAIR OR REPLACE COMMON AREA UTIUTIES AND IMPROVEMENTS AS
SET FORTH IN THE ENABUNG DECLARATION; AND
ALSO RESERVING THEREFROM AN EASEMENT IN FAVOR Of THE GRANTOR FOR THE
PURPOSE.: OF ACCOMMODATING MINOR ENCROACHMENTS AS SET FORTH IN THE
ENABUNG 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 CAUFORNIA,
ACCORDING TO PARCEL MAP THEREOF NO. 17985, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 1998, FOR INGRESS,
EGRESS/ TOGETHER WITH THE RIGHT TO CONVEY SAID EASEMENTS TO OTHERS.
PARCEL B:
UNIT 4, AS SHOWN AND DEFINED ON THAT CERTAIN CONDOMINIUM PLAN REFERRED
TO IN PARCEL 1 ABOVE, IN FEE.
PARCELC:
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First: American Title Insurance Company-NTP File No.: 6918913n (lv)
Date: July 19, 2011
69189130
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 CAUFORNIA, 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 ENABUNG DECLARATION RECORDED FEBRUARY 29, 1998 AS FILE
NO. 1998-00E569S, OFFICIAL RECORDS.
PARCELD:
AN EXCLUSIVE USE EASEMENT FOR GENERAL PURPOSES AS DESCRIBED AND
DEUNEATED IN THE CC&RS HEREINAFTER DESCRIBED.
A.P.N. 168-050-37-04
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