HomeMy WebLinkAbout2004-12-01 - Deed KENNETH W. SMALL AND SUSAN C. SMALL, Recording Requested by
'FlrstAriericanTitle Insurance Comp This Document is electronically recorded by
Order No. Firmerican Title_B
Escrow No.
Loan No. Recorded in Official Records,Orange County
Tom Daly, Clerk-Recorder
WHEN RECORDED MAIL TO: IIII II III IIIII III IIIIIII III II IIII IIIII NO FEE
2004001088853 04:23pm 12/07/04
City of Huntington Beach Ull 59 D11 A36 4
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
2000<Main Street
Huntington Beach,CA 92648
Attn: City.Clerk
atk
A-10Iv ���~ a_6} SPACE ABOVE THIS LINE FOR RECORDER'S USE)
EXEMPT FROM RECORDING FEE PER GOV.CODE§61031
DEED OF TRUST WITH ASSIGNMENT OF RENTS
This DEED OF TRUST WITH ASSIGNMENT OF RENTS ("Deed of Trust"), made I)ecembe,r Is¢ 200y1
between KENNETH W. SMALL and SUSAN C. SMALL,husband and wife,herein called TRUSTOR, whose address is 8582 Palermo
Drive,Huntington Beach,CA 92646,
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body corporate and politic, herein called
TRUSTEE,and
THE CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California,herein called BENEFICIARY,
WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the City of Huntington Beach, County of
Orange,State of California,described as:
SEE EXHIBIT"A"ATTACHED HERETO
together with the rents,issues and profits thereof,subject,however,to the right,power and authority hereinafter given to and conferred upon Beneficiary
to collect and apply such rents, issues and profits for the purpose of securing(1)payment of the sum of ONE HUNDRED THOUSAND DOLLARS
($100.000.00)with interest thereon,according to the terms of that certain promissory note of even date herewith made by Trustor, payable to order of
Beneficiary,and extensions or renewals thereof,(2)the performance of each agreement of Trustor incorporated by reference or contained herein and(3)
payment of additional sums and interest thereon which may hereafter be loaned to Trustor,or his successors or assigns,when evidenced by a promissory
note or notes reciting;that they are secured by this Deed of Trust.
To-protect the security of this Deed of Trust,and with respect to the property above described,Trustor expressly makes each and all of the agreements,
and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A,and it is m_ utually agreed that each
and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964,and in all other .
counties August 18, 1964,in the book and at the page of Official Records in the office of the county recorder of the county where said.property is located,
noted below opposite the name of such county,namely: -
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COUNTY BOOK PAGE IOUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK .PAGE
Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 `130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762
Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621
Butte 1330 513 Los Angeles T-3878 874 , Sacramento 5039 124 Sonoma 2067 427
Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56
Colusa 323 391 Maria 1849 122 San Bernardino 6213 7W Sutter 655 585
Contra Costa 4684. 1 Mariposa 90 453 San Francisco . A-804 596 Tehama 457 183
Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
EI Dorado 704 635 Merced 1660 753 San Luis Obispo .1311 137 Tulare 2530 108
Fresno 5052 623 Modoe 191 93 San Mateo 4778 175 Tuolumne .177 160
Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
`Humboldt 801 83 Monterey 357 239 Santa Clara 6626 '664 Yolo 769 16
Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693
'Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego. SERIES 5 Book 1964,Page 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained
in said subdivisions A and B (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto,
`inc`orporated hereiri'and"made"a part of this Deed of Trust'for-all`purposes as,fully as if set forth'at lengtb7herein`Arid Beneficiary may`
charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by
law.
The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address
hereinbefore set forth.
Signature of Trustor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } KENNETH W.-SMALL
On eSLC&-lYt.bt A, b fore me,
personally appeared G'itOLeFPC W,6ntitA t
` 2di- Srz SC�rr � eS`i►c e1�Z. SLJSAN C.BMALL
(or proved to me on the basis of satisfactory
evidence) to be the person(s) whose names(s) 4s,ar 'subscribed to the
within instrument and acknowledged to me that helshe� executed
the same in hisAwe-th-e-D authorized capacity(ies), and that by TER'Y4L L IONG
hiker/ eir signatures(s) on the.instrument the person(s) or the entity Cwq*dm*1440M
upon behalf of which the person(s)acted,executed the instrument. NOtiry Pubic-CcXomla..
OMW County
WITNESS my hand and official seal.. 10.*00ffd 'bpku 00112.2W7
f /
Signature
° (This area for official notarial seal)
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EXHIBIT "A"
(Legal Property Description)
Lot 24 of Tract No. 8049, shown on a Map thereof recorded in Book 357, Page(s)30-36
inclusive of Miscellaneous Maps, in the office of the County Recorder of ORANGE
County.
GOVERNMENT CODE 27361 .7
CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON I HE '
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: lI L
DATE COMMISSION EXPIRES:
COUNTY WHERE BOND IS FILED:
COMMISSION NUMBER:
MANUFACTURER/VENDOR NUMBER:
I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
PLACE OF EXECUTION: SANTA ANA
DATED:
SIGNATURE:
FIRST AMERICAN TITLE INS ANCE CO. "
DO NOT RECORD �!
-The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and
incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
A. - To protect the security of this Deed of Trust,Tnistor 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 a good and
workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished
therefor,to comply with all laws,affecting said property or requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof;not to
commit,suffer or permit any act upon said property in violation of law;to cultivate,irrigate,fertilize,fumigate,prune and do all other acts which from the character or use of
said property may be reasonably necessary,the specific enumerations herein not excluding the general.
2) To provide,maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or
other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at the 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 defaulthereunder or
invalidate any act done pursuant to such notice.
3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs
and expenses,including cost of evidence of title and attomey's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear,and in
any suit brought by Beneficiary to foreclose this Deed.
4) To pay:at least ten days before delinquency all taxes and assessments affecting said property,including assessments on appurtenant water stock;when due,all
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.
Should Trustor failao make any payment or to do any act as herein provided;then Beneficiary of 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 is 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 so expended by Beneficiary or Trustee,with interest from the date of expenditure at the amount allowed by
law in effect at the date hereof,and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by
the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded.
B. It is mutually agreed:
1•) That any award in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to .
Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or
other insurance.
2) That by accepting payment of any sum secured hereby after its due date,Beneficiary does not waive his right either to require prompt payment when due of all
other sums so secured or declare default for failure so to pay.
3) That at any time or from time to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed and said
note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby;Trustee may:reconvey any part of said
property;consent to the making of any map or plat thereof,join in granting any easement thereon,or join in any extension agreement or any agreement subordinating the lien
or charge hereof.
4) That upon written request of Beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and said note to Trustee for
cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty,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."
5) That as additional security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the continuance of these Trusts,to
collect the rents,issues and profits of said property,reserving unto Trustor the right,prior to any default by Trustor in payment of any indebtedness secured hereby or in the
performance of any agreement hereunder,to collect and retain such rents,issues and profits as they become due and payable. Upon any such default,Beneficiary may at any
time without notice,either in person,by agent,or be a receiver to be appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby
secured,enter upon and take possession of said property or any part thereof,in his own name sue for or otherwise.collect such rents,issues,and profits,including those past
due and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorney's fees,upon any indebtedness secured hereby,and in
such.order as Beneficiary may determine. The entering upon and taking possession of said property,the collecting of such rents,issues and profits and the application thereof
as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
6) That upon default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder,Beneficiary may declare all
sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election
to cause to be sold said property,which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed,said note and all documents
evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default,and notice of sale having been given as then
required by law,Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate parcels,
and in such order as.it may determine,at public auction to the highest bidder for cash in lawful money of the United States,payable at time of sale. Trustee may postpone
sale of all or any portion.of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public
announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold,but without any covenant or
warranty,express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,including Trustor,Trustee,
or Beneficiary as hereinafter defined,may purchase at such sale.
After deducting all costs,fees and expenses of Trustee and of this Trust,including cost of evidence of title in connection with 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 amount allowed by law in effect at the date hereof,all
other sums then secured hereby;and the remainder,if any;to the person or persons legally entitled thereto.
7) Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time,by instrument in writing,substitute a successor or
successors to any Trustee named herein or acting hereunder,which instrument,executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder
of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,without conveyance
from the Trustee predecessor,succeed to all its title,estate,rights,powers and duties. Said instrument must contain the name of the original Trustor,Trustee and Beneficiary
hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee.
8) That this Deed applies to,inures to the benefit of,and binds all parties hereto,their heirs,legatees,devisees,administrators,executors,successors and assigns.
The term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby,whether or not named as Beneficiary herein. In this Deed,whenever
the context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes the plural.
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9) That Trustee accepts this Truss this Deed,duly executed and acknowledged,is made a c record as provided by law. Trustee is not obligated to
notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a party unless brought
by Trustee.
DO NOT RECORD REQUEST FOR FULL RECONVEYANCE
TO TRUSTEE:
The undersigned is the legal owner and holder of the note or notes and of all indebtedness secured by the foregoing Deed of Trust. Said note or notes,together
with all.other indebtedness secured by said Deed of Trust,have been fully paid and satisfied;and you are hereby requested and directed,on payment to you of any sums
" owing to you under the terms of said Deed of Trust,to cancel said note or notes above mentioned,an all other evidences of indebtedness secured by said Deed of Trust . .
delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust,all the estate
now held by you under the same.
Dated
Please mail Deed of Trust;_
Note and Reconveyance to
. Do Not lose or destroy this Deed of Trust OR THE NOTE which it secures.. Both must be delivered to the Trustee for
cancellation before reconveyance will be made.
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