HomeMy WebLinkAboutFlorence and Rolando Da Jose - Trustor/Borrower - 2010-12-20RECOR��� Q¶TL�ED 8Y
This Document was electronically recorded by
Lawyers Title Company B
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Redevelopment Agency of the City of
Huntington Beach
P.O. Box 190
Huntington Beach, CA 92647
Attn: City Clerk
Recorded in Official Records, Orange County
Tam Daly, Clerk -Recorder
> IIIIII �IIIIII II IIIIIIIIIIII IIIII II NO FEE
2010000707164 03:59pm 12/29/10
61 404 D11 S13 24
0.bo 0.00 0.00 0.00 69.00 0.00 0.00 0.00
GOVERNMENT CODE SECTION 6103 /
M: q33 ` P ` 135 1 HEALTH & SAFETY CODE SECTION 27383
FEE EXEMPT
DEED OF TRUST AND SECURITY AGREEMENT
(Homebuyer Down Payment Assistance Program)
THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") made this
loth day ofDecember, 2010 ,/710U , by Trustor Fiora-,Ce and Balmjc M T
("Borrower"), whose address is 18965 Breezy Lane, Hur tirntcri Bar, CRC and
Trustee Title CW ("Trustee"), for the benefit of the Huntington
Beach Redevelopment Agency, as beneficiary ("Agency").
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein
recited, the receipt of which is hereby acknowledged, Borrower, hereby irrevocably grants,
transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit
and security of Agency, under and subject to the terms and conditions hereinafter set forth,
Borrower's fee interest in the property located in Orange Agency, California, described in the
attached Exhibit "A" and more commonly known as: 18%5 Breezy Lane, Hxtingtcn Bead.
(the. "Property") 5;�_? 6$le
TOGETHER WITH all easements, rights -of -way and rights used in connection therewith
or as a means of access thereto;
TOGETHER WITH any and all buildings, improvements and landscaping of every kind
and description now or hereafter erected thereon, and all property of the Borrower now or
hereafter affixed to or placed upon the Property (sometimes collectively referred to as the
"Improvements");
TOGETHER WITH all right, title and interest of Borrower, now owned or hereafter
acquired, in and to any land lying within the right-of-way of any street, open or proposed,
adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to
or used in connection with the Property;
TOGETHER WITH all estate, interest, right, title, other claim or demand, of every
nature, in and to such property, including the Property, both in law and in equity, including, but
not limited to, all oil, gas and mineral rights (including royalty and leasehold rights relating
thereto), all water and water rights and shares of stock relating thereto, and any and all awards
09-2154/38940 1 "This is a second D.-_--di & Triust
and is subject and subo;xdinate to a
first Deed of Trusi ..eccrding
conciul xn tl herevilab"
made for the taking by eminent domain or by and proceeding or purchase in lieu thereof of the
whole or any part of such property; and
TOGETHER with all articles of personal property or fixtures now or hereafter attached to
or used in and about the building or buildings now erected or hereafter to be erected on the
Property which are necessary to the complete and comfortable use and occupancy of such
building or buildings for the purposes for which they were or are to be erected, including all
other goods and chattels and personal property as are ever used or furnished in operating a
building, or the activities conducted therein, similar to the one herein described and referred to,
and all renewals or replacements thereof or articles in substitution therefore, whether or not the
same are, or shall be attached to said building or buildings in any manner.
All of the foregoing, together with the Property, is herein referred to as the "Security."
To have and to hold the Security together with acquittances to the Trustee, its successors
and assigns forever.
TO SECURE to Agency the performance of the covenants and agreements of Borrower
contained in that certain Loan Agreement with Covenants and Restrictions dated 12/20/2010
along with any exhibits attached thereto ("Covenant Agreement"), incorporated herein by this
reference, executed by and between Borrower and Agency as of the date of this Deed of Trust.
TO SECURE to Agency the repayment of the sums evidenced by that certain promissory
note executed by Borrower in favor of Agency as of the date of this Deed of Trust, along with
any exhibits attached thereto ("Note"), incorporated herein by this reference, in the original
principal amount of ej9jjN tva thazar1 dollars ($ 82 000 �> which shall
be due and payable as provided in the Note, until paid or canceled;
TO SECURE to Agency the perfonnance by Borrower of all agreements and adherence
to all conditions set forth in the Covenant Agreement and the Note;
TO SECURE all renewals, extensions, supplements and other modifications of any of the
foregoing, including without limitation modifications that are evidenced by new or additional
documents or that change the rate of interest on any obligation; and
TO SECURE the payment of all other sums, with interest thereon; advanced in
accordance herewith to protect the security of this Deed of Trust; and the performance of the
covenants and agreements of Borrower herein contained, as well as in the Covenant Agreement
and the Note.
TO SECURE the payment of an Equity Share Payment calculated as a percentage of the
Appreciation Amount that shall be paid to the Agency pursuant to the Note.
All of the foregoing obligations, as well as those identified hereafter, are referred to
collectively herein as the "Homebuyer Covenants."
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, BORROWER AND
AGENCY COVENANT AND AGREE AS FOLLOWS:
09-2154/38940 2
1. Purpose. The Agency is providing financing for the Homebuyer Downpayment
Assistance Program ("Program") from the Agency's Low and Moderate Income Housing Funds
("Set Aside Funds") to provide mortgage assistance in the form of a shared appreciation second
loan to low-income and moderate -income households to benefit the City of Huntington Beach.
The purpose of the Program and to ensure that the Agency receive a portion of the Appreciation
Amount as an Equity Share payment, and to ensure that the Borrower complies with any other
Program requirements and the requirements of Health and Safety Code Section 33334.2 and
33334.3. The Loan, and all associated loan documents is intended to implement the requirements
of Health and Safety Code Section 33334.2 and 33334.3, which governs the use of these Agency
Funds.
2. Definitions. The terms set forth in this section shall have the following meanings
in this Deed of Trust. Any capitalized terms not defined in this Deed of Trust shall have the same
meanings as defined in the Covenant Agreement and the Note, the terms of which have been
incorporated into this Agreement.
a. "Borrower" is defined in the first paragraph of this Agreement.
b. "Deed of Trust" shall mean this Deed of Trust and Security Agreement.
C. "Hazardous Substance" shall mean:
(a) any oil, flammable substance, explosive, radioactive material, hazardous waste
or substance, toxic waste or substance or any other waste, material, or pollutant
that:
(1) poses a hazard to the Property or to persons on the Property or;
(ii) causes the Property to be in violation of any Hazardous Substance
Law;
(b) asbestos in any form;
(c) urea formaldehyde foam insulation;
(d) transformers or other equipment that contain dielectric fluid containing levels
of polychlorinated biphenyls;
(e) radon gas;
(f) any chemical, material, or substance defined as or included in the definition of
"hazardous substance," "hazardous substances," "hazardous wastes," "hazardous
materials," "extremely hazardous waste," "restricted hazardous waste," or "toxic
substances" or words of similar import under any applicable local, state, or federal
law or under the regulations adopted or publications promulgated pursuant to
those laws, including, but not limited to, any Hazardous Substance Law, Code of
Civil Procedure §564, as amended from time to time, Code of Civil Procedure
§726.5, as amended from time to time, Code of Civil Procedure §736, as amended
from time to time, and Civil Code §2929.5, as amended from time to time;
09-2 154/38940
(g) any other chemical, material, or substance, exposure to which is prohibited,
limited, or regulated by any governmental authority or which may pose a hazard
to the health and safety of the occupants of the Property or the owners or
occupants of property adjacent to or surrounding the Property, or any other person
coming on the Property or any adjacent property; and
(h) any other chemical, material, or substance that may pose a hazard to the
environment.
d. "Hazardous Substance Claim" shall mean any enforcement, cleanup, removal,
remedial, or other governmental, regulatory, or private actions, agreements, or orders threatened,
instituted, or completed pursuant to any Hazardous Substance Law together with all claims made
or threatened by any third party against Borrower or the Property relating to damage,
contribution, cost -recovery compensation, loss, or injury resulting from the presence, release or
discharge of any Hazardous Substance.
e. "Hazardous Substance Law" shall mean any federal, state, or local law, ordinance,
regulation, or policy relating to the environment, health, and safety, any Hazardous Substance
(including, without limitation, the use, handling, transportation, production, disposal, discharge,
or storage of the substance), industrial hygiene, soil, groundwater, and indoor and ambient air
conditions or the environmental conditions on the Property, including, without limitation, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 USCS
§§960 1 et seq.], as amended from time to time; the Hazardous Substances Transportation Act
[49 USCS §§1801 et seq.], as amended from time to time; the Resource Conservation and
Recovery Act [42 USCS §§6901 et seq.], as amended from time to time; the Federal Water
Pollution Control Act [33 USCS §§1251 et seq.], as amended from time to time; the Hazardous
Substance Account Act [Health and Safety Code §§25300 et seq.], as amended from time to
time; the Hazardous Waste Control Law [Health and Safety Code §§25100 et seq.], as amended
from time to time; the Medical Waste Management Act [Health and Safety Code §§25015 et
seq.], as amended from time to time; and the Porter -Cologne Water Quality Control Act [Water
Code §§13000 et seq.], as amended from time to time.
f "Property" shall mean that certain real property legally described on Exhibit "A,"
attached to this Agreement and incorporated herein, together with all Improvements, and fixtures
now or hereafter constructed, placed or located on the Property.
g. "Release" shall mean any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including
continuing migration, of Hazardous Substances that goes into the soil, surface water, or
groundwater of the Property, whether or not caused by, contributed to, permitted by, acquiesced
to, or known to Borrower.
3. Borrower's Estate. Borrower represents and warrants that it is lawfully seized of
the estate hereby conveyed and has the right to grant and convey the Security, that other than this
Deed of Trust and the Homebuyer Covenants, the Security is encumbered only by the First
Lender Deed of Trust, securing the First Lender Note executed by the Borrower in favor of the
First Lender, to assist in the purchase of the Property. The Borrower agrees to warrant and
defend generally the title to the Security against all claims and demands, subject to any
09-2154/38940 4
declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title
insurance policy insuring the Agency's interest in the Security.
4. Repayment of Sums Owed on the Note. Borrower will promptly repay, when due,
the Loan, and any amounts due under the Loan Documents, where applicable. The Note contains
the following provisions concerning repayment of the loan under certain conditions:
No Assumption of Note by Subsequent Buyers. Borrower acknowledges that this Note is
given in connection with the purchase of the Property as part of a program of the Agency
to assist in the purchase of Homes by low and moderate -income Eligible Homebuyers.
Consequently, this Note is not assumable by transferees of the Property.
5. Homebuyer. Covenants. Borrower will observe and perform all of the covenants
and agreements of the Homebuyer Covenants, as outlined above, and more specifically contained
herein, as well as in the Note.
6. Transfer of Property by Borrower. Prior to repayment of the Note, and the
expiration of the Term, which may not occur concurrently, Borrower agrees that Borrower shall
not sell or transfer the Property or any interest therein or sell or transfer all or substantially all of
the interest of Borrower except as may be provided in the Note.
7. First Lender Loan. The Borrower will observe and perform all of the covenants
and agreements of the First Lender Note, First Lender Deed of Trust, and related First Lender
loan documents.
Liens.
a. Borrower shall not cause, incur suffer or permit to exist or become
effective any lien, encumbrance or charge upon all or any part of the Property, or any interest
therein other than (i) easements, rights of way, covenants, conditions, restrictions, liens and other
title limitations approved in writing by Agency prior to the execution of this Deed of Trust, and
(ii) immaterial easements and rights of way which are required by governmental authorities as a
condition to the use of the Program which are approved in writing by Agency after the execution
of this Deed of Trust ("Permitted Encumbrances"). Borrower shall pay and promptly discharge,
at Borrower's cost and expense, all liens, encumbrances and charges upon the Program, or any
part thereof or interest therein other than the Permitted Encumbrances. If Borrower shall fail to
remove and discharge any such lien, encumbrance, or charge, then, in addition to any other right
or remedy of Agency, Agency may, but shall not be obligated to, discharge the same, without
inquiring into the validity of such lien, encumbrance or charge nor into the existence of any
defense or offset thereto, either by paying the amount claimed to be due, or by procuring the
discharge of such lien, encumbrance or charge by depositing in court a bond or the amount
claimed, or otherwise giving security for such claim, in such manner as is or may be prescribed
by law. Borrower shall, immediately upon demand by Agency, pay to Agency an amount equal
to all costs and expenses incurred by Agency in connection with the exercise by Agency of the
foregoing right to discharge any such lien, encumbrance or charge, together with interest thereon
from the date of such expenditure and, until paid, such sums shall be secured hereby.
09-2154/38940
b. Borrower will not be required to discharge the lien of the First Lender
Deed of Trust securing the First Lender Note or any other lien described in this paragraph so
long as Borrower will agree in writing to the payment of the obligation secured by such lien in a
manner acceptable to the Agency, 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 Program or any part thereof.
9. Charges and Taxes. Borrower will pay, at least thirty (30) days prior to
delinquency, all taxes, assessments, general and special, and other charges, fines and impositions
attributable to the Program which may attain a priority over this Deed of Trust, by Borrower
making any payment, when due, directly to the payee thereof. Borrower will promptly furnish to
Agency all notices of amounts due under this paragraph, and in the event Borrower makes
payment directly, receipts of such payments.
In the event that Borrower shall fail to pay any of the foregoing items required to
be paid by Borrower, Agency may (but shall be under no obligation to) pay the same, after the
Agency has notified the Borrower of such failure to pay and the Borrower fails to fully pay such
items within seven (7) business days after receipt of such notice, given pursuant to Section 25,
hereafter. Any amount so advanced by Agency, together with interest thereon from the date of
such advance at the maximum rate permitted by law, shall become an additional obligation of
Borrw,,ver to the Agency and shall be secured hereby, and Borrower agrees to pay all such
amounts as requested by Agency.
10. Environmental Covenants of Borrower.
a. Disclosures by Borrower. Except as disclosed in writing to, and
acknowledged and accepted in writing by Agency, Borrower represents and warrants that:
(1) during the period of Borrower's ownership of the Property:
(a) there has been, and will be, no use, generation, manufacture,
storage, treatment, disposal, discharge, Release, or threatened Release of
any Hazardous Substance by any person on or around the Property except
in such small quantities as are customary and usual in the ordinary course
of using and operating a dwelling on the Property and in strict compliance
with all Hazardous Substances Laws, and,
(b) there have been, and will be, no Hazardous Substances transported
over or through the Property;
(2) after diligent inquiry, Borrower has no knowledge of, or reason to believe
that, there has been:
(a) any use, generation, manufacture, storage, treatment, disposal,
Release, or threatened Release of any hazardous waste or substance by any
prior owners or prior occupants of the Property or by any third parties onto
the Property, or
09-2154/38940 6
(b) any actual or threatened litigation or claims of any kind by any
person relating to these matters;
(3) no Hazardous Substances in excess of permitted levels or reportable
quantities under applicable Hazardous Substance Laws are present in or about the
Property or any nearby real property that could migrate to the Property;
(4) no Release or threatened Release exists or has occurred;
(5) no underground storage tanks of any kind are or ever have been located in
or about the Property;
(6) the Property and all operations and activities at, and the use and
occupancy of, the Property comply with all applicable Hazardous Substance Laws;
(7) Borrower is now in strict compliance with, every permit, license, and
approval required by all applicable Hazardous Substance Laws for all activities and
operations at, and the use and occupancy of, the Property;
(8) to the best of Borrower's knowledge, after diligent inquiry, there are no
Hazardous Substance Claims pending or threatened with regard to Property or against
Borrower;
(9) the Property has not been nor is it within 2,000 feet of any other property
designated as "hazardous waste property" or "border zone property" pursuant to Health
and Safety Code §§25220 et seq., and no proceedings for a determination of this
designation are pending or threatened;
(10) to the best of its knowledge after diligent inquiry, there exists no
occurrence or condition on any real property adjoining or within 2,000 feet of the
Property that would cause the Property or any part of it to be designated as "hazardous
waste property" or "border zone property" under the provisions of Health and Safety
Code §8 25220 et seq., and any regulation adopted in accordance with that section-,
01) that the current use of the Property is residential housing;
(12) any written disclosure submitted by or on behalf of Borrower to Agency
concerning any Release or threatened Release, past or present compliance by Borrower or
other person of any Hazardous Substance Laws applicable to the Property, the past and
present use and occupancy of the Property, and any environmental concerns relating to
the Property, was true and complete when submitted and continues to be true and
complete as of the date of this Deed of Trust.
b. Covenants of Borrower. Borrower agrees, except in the ordinary course of
business and in strict compliance with all applicable Hazardous Substance Laws, as follows:
09-21�4 ?8940 7
(1) not to cause or permit the property to be used as a site for the use,
generation, manufacture, storage, treatment, Release, discharge, disposal, transportation,
or presence of any Hazardous Substance;
(2) not to cause, contribute to, permit, or acquiesce in any Release or
threatened Release;
(3) not to change or modify the use of the Property without the prior written
consent of Agency;
(4) to comply with and to cause the Property and every invitee or occupant of
the Property to comply with all Hazardous Substance Laws;
(5) to immediately notify Agency in writing of and to provide Agency with a
reasonably detailed description of:
(a) any noncompliance of the Property with any Hazardous Substance
Laws;
(b) any Hazardous Substance Claim;
(c) any Release or Threatened Release;
(d) the discovery of any occurrence or condition on any real property
adjoining or in the vicinity of the Property that would cause the Property
or any part of it to be designated as "hazardous waste property" or "border
zone property" under the provisions of Health and Safety Code §§25220 et
seq., and any regulation adopted in accordance with that section;
(6) if Borrower discovers a Release or the presence of any Hazardous
Substance on or about the Property in violation of any Hazardous Substance Law, to:
(a) notify Agency of that discovery together with a reasonably detailed
description;
(b) engage promptly after a request by Agency, a qualified environmental
engineer reasonably satisfactory to Agency to investigate these matters
and prepare and submit to Agency a written report containing the findings
and conclusions resulting from that investigation, all at the sole expense of
Borrower, and
(c) take, at Borrower's sole expense, all necessary actions to remedy,
repair, clean up, or detoxify any Release or Hazardous Substance,
including, but not limited to, any remedial action required by any
Hazardous Substance Laws or any judgment, consent, decree, settlement,
or compromise in respect of any Hazardous Substance Claims, these
actions to be performed:
09-2 1i 1.'38940 8
(i) in accordance with Hazardous Substance Laws,
(ii) in a good and proper manner,
(iii). under the supervision of a qualified environmental engineer
approved in writing by Agency,
(M. in accordance with plans and specifications for these actions
approved in writing by Agency, and
(v). using licensed and insured qualified contractors approved in
writing by Agency;
(7) immediately furnish to Agency copies of all written communications
received by Borrower from any governmental authority or other person or given by
Borrower to any person and any other information Agency may reasonably request
concerning any Release, threatened Release, Hazardous Substance Claim, or the
discovery of any Hazardous Substance on or about the Property in violation of any
Hazardous Substance Law; and
(8) keep Agency generally informed regarding any Release, threatened
Release, Hazardous Substance Claim, or the discovery of any Hazardous Substance on or
about the Property in violation of any Hazardous Substance Law.
C. Rights of Agency. Upon Agency's reasonable belief of the existence of a past or
present Release or threatened Release not previously disclosed by Borrower in connection with
the making of the Loan or the execution of this Deed of Trust or upon Agency's reasonable belief
that Borrower has failed to comply with any environmental provision of this Deed of Trust or
any other loan document and upon reasonable prior notice (except in the case of an emergency)
to Borrower, Agency or its representatives, employees, and agents, may from time to time and at
all reasonable times (or at any time in the case of an emergency) enter and inspect the Property
an(] every part of it (including all samples of building materials, soil, and groundwater) and
perorrn those acts and things that Agency deems necessary or desirable to inspect, investigate,
assess, and protect the Security of this Deed of Trust, for the purpose of determining:
(1) the existence, location, nature, and magnitude of any past or present
Release or threatened Release,
(2) the presence of any Hazardous Substances on or about the Property in
violation of any Hazardous Substance Law, and
(3) the compliance by Borrower of every environmental provision of this
Deed of Trust and every other loan document.
In furtherance of the purposes above, without limitation of any of its other rights,
Agency may obtain a court order to enforce Agency's right to enter and inspect the Property
under Civil Code §2929.5, to which the decision of Agency as to whether there exists a Release,
a threatened Release, any Hazardous Substances on or about the Property in violation of any
Hazardous Substance Law, or a breach by Borrower of any environmental provision of this Deed
of Trust or any other loan document, will be deemed reasonable and conclusive as between the
parties.
09-2154/38940 9
All costs and expenses incurred by Agency with respect to the audits, tests,
inspections, and examinations that Agency or its agents, representatives, or employees may
conduct, including the fees of the engineers, laboratories, contractors, consultants, and attorneys,
will be paid by Borrower. All costs or expenses incurred by Trustee and Agency pursuant to this
Section (including without limitation court costs, consultant's fees, and attorney fees, whether
incurred in litigation and whether before or after judgment) will bear interest from the date they
are incurred until those sums have been paid in full. Except as provided by law, any inspections
or tests made by Agency or its representatives, employees, and agents will be for Agency's
purposes only and will not be construed to create any responsibility or liability on the part of
Agency to Borrower or to any other person. Agency will have the right, but not the obligation, to
communicate with any governmental authority regarding any fact or reasonable belief of Agency
that constitutes or could constitute a breach of any of Borrower's obligations under any
environmental provision contained in this Deed of Trust or any loan document.
d. Waiver and Indemnity.
Borrower hereby:
(1) releases and waives any future claims against Agency for indemnity or
contribution in the event Borrower becomes liable for cleanup or other costs under any
Hazardous Substance Laws or under any Hazardous Substance Claim;
(2) agrees to reimburse Agency, on demand, for all costs and expenses
incurred by Agency in connection with any review, approval, consent, or inspection
relating to the environmental provisions in this Deed of Trust together with interest, after
demand; and
(3) agrees to indemnify, defend, and hold Agency and Trustee harmless from
all losses, costs, claims, damages, penalties, liabilities, causes of action, judgments, court
costs, attorney fees and other legal expenses, costs of evidence of title, cost of evidence
of value, and other expenses (collectively, "Expenses"), including, but not limited to, any
Expenses incurred or accruing after the foreclosure of the lien of this Deed of Trust,
which either may suffer or incur and which directly or indirectly arises out of or is in any
way connected with the breach of any environmental provision either in this Deed of
Trust or in any loan document or as a consequence of any Release or threatened Release
on the presence, use, generation, manufacture, storage, disposal, transportation, Release,
or threatened Release of any Hazardous Substance on or about the Property, including the
soils and groundwater, caused or permitted by Borrower, any prior owner or operator of
the Property, any adjoining landowner or any other party, including, without limitation,
the cost of any required or necessary repair, cleanup, remedy, or detoxification of any
hazardous Substance and the preparation of any closure, remedial action, or other
required plans, whether that action is required or necessary by reason of acts or omissions
occurring prior to or following the recordation of this Deed of Trust. Borrower's
obligations will survive the satisfaction, release, or cancellation of the indebtedness, the
release and reconveyance or partial release and reconveyance of this Deed of Trust, and
the foreclosure of the lien of this Deed of Trust or deed in lieu of the Deed of Trust.
09-2154/38940 10
e. Additional Covenants of Borrower.
(1) Borrower and Agency agree that:
(a) this Section is intended as Agency's written request for information
and Borrower's written response concerning the environmental condition
of the Property as provided by Code of Civil Procedure §726.5; and
(b) each representation, warranty, covenant, or indemnity made by
Borrower in this Section or in any other provision of this Deed of Trust or
any loan document that relates to the environmental condition of the
Property is intended by Borrower and Agency to be an "environmental
provision" for purposes of Code of Civil Procedure §736 and will survive
the payment of the indebtedness and the termination or expiration of this
Deed of Trust and will not be affected by Agency's acquisition of any
interest in the Property, whether by full credit bid at foreclosure, deed in
lieu of that, or otherwise. If there is any transfer of any portion of
Borrower's interest in the Property, any successor -in -interest to Borrower
agrees by its succession to that interest that the written request made
pursuant to this Section will be deemed remade to the successor -in -interest
without any further or additional action on the part of Agency and that by
assuming the debt secured by this Deed of Trust or by accepting the
interest of Borrower subject to the lien of this Deed of Trust, the successor
remakes each of the representations and warranties in this Deed of Trust
and agrees to be bound by each covenant in this Deed of Trust, including,
but not limited to, any indemnity provision.
(2) Even though Borrower may have provided Agency with an environmental
site assessment or other environmental report together with other relevant information
regarding the environmental condition of the Property, Borrower acknowledges and
agrees that Agency is not accepting the Property as security for the Loan based on that
assessment, report, or information. Rather, Agency has relied on the representations and
warranties of Borrower in this Deed of Trust, and Agency is not waiving any of its rights
and remedies in the environmental provisions of this Deed of Trust or any other loan
document.
(3) Agency or its agents, representatives, and employees may seek a judgment
that Borrower has breached its covenants, representations, or warranties in this Deed of
Trust or any other covenants, representations, or warranties that are deemed to be
"environmental provisions" pursuant to Code of Civil Procedure §736 (each an
"Environmental Provision"), by commencing and maintaining an action or actions in any
court of competent jurisdiction pursuant to Code of Civil Procedure §736, whether
commenced prior to or after foreclosure of the lien of this Deed of Trust. Agency or its
agents, representatives, and employees may also seek an injunction to cause Borrower to
abate any action in violation of any Environmental Provision and may seek the recovery
of all costs, damages, expenses, fees, penalties, fines, judgments, indemnification
payments to third parties, and other out-of-pocket costs or expenses actually incurred by
Agency (collectively, "Environmental Costs") incurred or advanced by Agency relating
09i s ; , ��940 11
to the cleanup, remedy, or other response action required by any Hazardous Substances
Law or any Hazardous Substance Claim, or which Agency believes necessary to protect
the Property. It will be conclusively presumed between Agency and Borrower that all
Environmental Costs incurred or advanced by Agency relating to the cleanup, remedy, or
other response action of or to the Property were made by Agency in good faith. All
Environmental Costs incurred by Agency under this Section (including without limitation
court costs, consultant fees, and attorney fees, whether incurred in litigation and whether
before or after judgment) will bear interest from the date of expenditure until those sums
have been paid in full. Agency will be entitled to bid, at any trustee's or foreclosure sale
of the Property, the amount of the costs, expenses, and interest in addition to the amount
of other indebtedness.
(4) Agency or its agents, representatives, and employees may waive its lien
against the Property or any portion of it, including but not limited to the Improvements,
to the extent that the Property or any portion of the Security is found to be
environmentally impaired in accordance with Code of Civil Procedure §726.5, and to
exercise all rights and remedies of an unsecured creditor against Borrower and all of
Borrower's assets and property for the recovery of any deficiency and Environmental
Costs, including, but not limited to, seeking an attachment order under Code of Civil
Procedure §§483.010. As between Agency and Borrower, for purposes of Code of Civil
Procedure §726.5, Borrower will have the burden of proving that Borrower or any related
party (or any affiliate or agent of Borrower or any related party) was not in any way
negligent in permitting the Release or threatened Release of the Hazardous Substances.
1 l . Preservation and Maintenance of Security.
a. The Borrower agrees that at all times prior to full payment of the sums owed
under the Note and secured by this Deed of Trust, the Borrower- will, at the Borrower's own
expense, maintain, preserve and keep the Security or cause the Security to be maintained and
preserved in good condition and repair and in a prudent and reasonable manner. The Borrower
will from time to tirne make or cause to be made all repairs, replacements and renewals to the
Security, which are necessary or appropriate. The Agency shall have no responsibility in any of
these matters or for the making of improvements or additions to the Security.
b. Borrower shall not remove, demolish or substantially alter any of the
Improvements to the Security, other than to make repairs in the ordinary course of business of a
nonstructural nature which serve to preserve or increase the value of the Security without
Agency's prior written consent, which consent shall not be unreasonably withheld so long as
Borrower provides reasonable evidence to Agency that, following such demolition and
restoration and/or alteration, the Security shall have a fair market value at least equal to their fair
market value prior to such demolition and restoration and/or alteration; Borrower shall complete
promptly and in a good and workmanlike manner any improvement which may now or hereafter
be constructed and promptly restore in like manner any improvement which may be damaged or
destroyed thereon from any cause whatsoever, and pay when due all claims for labor performed
and materials furnished there for; Borrower shall not commit, suffer or permit any act to be done
in, upon or to the Security or any part thereof in violation of any such laws, ordinances, rules,
regulations or orders, or any covenant, condition or restriction now or hereafter affecting the
Security; Borrower shall not commit or permit any waste or deterioration of the Security, and
09-2154i38940 12
shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good
and neat order and repair; Borrower will not take (or fail to take) any action, which if taken (or
not so taken) would increase in any way the risk of fire or other hazard occurring to or affecting
the Security or otherwise would impair the security of Agency in the Security; Borrower shall
not abandon the Security or any portion thereof or leave the Security unprotected, unguarded,
vacant or deserted; Borrower shall not initiate, join in or consent to any change in any zoning
ordinance, general plan, specific plan, private restrictive covenant or other public or private
restriction limiting the uses which may be made of the Security by Borrower thereof, except as
otherwise prohibited or restricted by the Covenant Agreement and the other instruments and
documents executed in connection with the transaction to which the Covenant Agreement
pertains or any of them, Borrower shall do any and all other acts which may be reasonably
necessary to protect or preserve the value of the Security and the rights of Trustee and Agency
with respect thereto.
12. Granting of Easements. Borrower may not grant easements, licenses, rights -of -
way or other rights or privileges in the nature of easements with respect to any property or rights
included in the Security except those required or desirable for installation and maintenance of
public utilities including, without limitation, water, gas, electricity, sewer, telephone and
telegraph, or those required by law.
13. Utilities. Borrower shall pay or cause to be paid when due all utility charges
which are incurred for the benefit of the Security or which may become a charge or lien against
the Security for gas, electricity, water, sewer services or other fees and charges for utilities
furnished to the Security and all other assessments or charges of a similar nature, whether public
or private, affecting or related to the Security or any portion thereof, whether or not such taxes,
assessments or charges are or may become liens thereon.
14. Condemnation. Immediately upon its obtaining knowledge of the institution or
the threatened institution of any proceeding for the condemnation or other taking for public or
quasi -public use of the Security or any part thereof, or if the same be taken or damaged by reason
of any public improvement or condemnation proceeding, or in any other manner, or should
Borrower receive any notice or other information regarding such proceedings, action, taking or
damage, Borrower shall promptly notify Trustee and Agency of such fact. Borrower shall then, if
requested by Agency, file or defend its right there under and prosecute the same with due
diligence to its final disposition and shall cause any award or settlement to be paid to Agency in
accordance with the provisions of the Note. At Agency's option, Agency or Borrower may be the
nominal party in such proceeding but in any event Agency shall be entitled, without regard to the
adequacy of its security, to participate in, appear in, prosecute and settle, jointly with Borrower
(o control the same and to be represented therein by counsel of its choice, and Borrower will
deliver, or cause to be delivered, to Agency such instruments as may be requested by it from
time to time to permit such participation. Borrower and Agency agree to act in good faith with
respect to any consent, settlement, or award arising out of said prosecution. If the Security or any
part thereof is taken or diminished in value, or if a consent settlement is entered, by or under
threat of such proceedings, all compensation, awards, damages, rights of action proceeds and
settlements payable to Borrower by virtue of its interest in the security shall be and hereby are
assigned, transferred and set over into Agency to be held by it, in trust, subject to the lien and
security interest of this Deed of Trust. All such proceeds shall be first applied to reimburse
Trustee and Agency, for all costs and expenses, including reasonable attorneys' fees, incurred in
09-2154/38940 13
connection with the collection of such award or settlement. Application or release of proceeds as
provided herein shall not cure or waive any default or notice of default hereunder or invalidate
any act done pursuant to such notice.
15. Protection of Agency's Security.
a. If Borrower fails to perform the Homebuyer Covenants or any obligations
contained in this Deed of Trust, if an Event of Default, as defined hereafter, occurs, or if any
action or proceeding is commenced which materially affects Agency's interest in the Security,
including, but not limited to, default under the deed of trust securing the First Lender Note,
eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a
bankrupt or decedent, then Agency, at its option and upon notice to Borrower, may make such
appearances, disburse such sums and take such action as it determines necessary to protect
Agency's interest, including but not limited to, disbursement of reasonable attorney's fees and
entry upon the Security to make repairs.
b. Any amounts disbursed by Agency pursuant to this Section will become an
indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Agency agree to
other terms of payment, such amount will be payable upon notice from Agency to Borrower
requesting payment thereof, and will bear interest at the Default Rate from the date of
disbursement 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 pennissible under applicable law.
Nothing contained in this Section will require Agency to insure any expense or take any action
hereunder.
C. In the event that the Borrower fails to observe or perform any obligations or
Homebuyer Covenants under this Deed of Trust, or the Note the Agency may hold the Borrower
in default, treat the occurrence as an Event of Default, and take any actions available under this
Deed of Trust, or the Note, including, but not limited to, acceleration of any payments due or
sale of the Security, as provided for hereafter.
16. Inspection. Agency may make or cause to be made reasonable entries upon and
inspections of the Security, provided that Agency has given Borrower reasonable notice of
inspection.
17. Events of Default. Each of the following shall constitute events of default
("Events of Default"): (1) the occurrence of any default under the provisions of this Deed of
Trust, or the Note; or (2) the failure to make any payment or perform any of Borrower's other
obligations now or hereafter secured by this Deed of Trust (subject to any applicable cure
period).
18. Acceleration, Remedies and Notice. If the Borrower is in default of any
obligations under this Deed of Trust (including the Homebuyer Covenants), the Covenant
Agreement, or the Note, or at the occurrence of any Event of Default, then at the option of the
Agency, the amount of any payment related to the occurrence of the default, the unpaid amount
of the Note and any other indebtedness and other obligations secured hereby shall immediately
become due and payable without presentment, protest notice or demand, all of which are hereby
09-2154/38940 14
expressly waived, upon written notice by the Agency to the Borrower and no omission on the
part of the Agency to exercise such option when entitled to do so shall be construed as a waiver
of such right.
Upon Borrower's breach of any covenant or agreement in this Deed of Trust (including,
but not limited to, the covenant to pay, when due, any sums secured by this Deed of Trust), or
the Note, the Homebuyer Covenants, or upon the occurrence of an Event of Default, Agency,
prior to acceleration, will provide notice by certified mail, return receipt requested, to Borrower
specifying:
a. the breach or Event of Default;
b. . if the breach or Event of Default is curable, and the action required to cure such
breach;
C. a date, not less than thirty (30) days from the date the notice is effective, by which
such breach, if curable, is to be cured; and
d. if the breach is curable, that failure to cure such breach on or before the date
specified in the notice may result in acceleration of the sums due under the Note and secured by
this Deed of Trust; as well as sale of the Security. ("'Notice of Default.")
The Notice of Default will also inform Borrower of Borrower's right to reinstate after
acceleration and the right to bring a court action to assert the nonexistence of default or any other
defense of Borrower to acceleration and sale. If the breach or Event of Default is not curable or
is not cured on or before the date specified in the notice, Agency, at its option, may:
a. declare all of the sums secured by this Deed of Trust to be immediately due and
payable without further demand and may invoke the power of sale and any other remedies
permitted by California law;
b. commence an action to foreclose this Deed of Trust as a mortgage, or specifically
enforce any of the covenants hereof,
C. deliver to Trustee a written declaration of default and demand for sale, pursuant to
the provisions for notice of sale found at California Civil Code §§2924, et seq., as amended from
time to time; or
d. exercise all other rights and remedies provided herein, in the instruments by
which the Borrower acquires title to any Security, or in any other document or agreement now or
hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or
provided by law.
Agency shall be entitled to collect all reasonable costs and expenses incurred in pursuing
the remedies provided in this paragraph.
09-2154/38940 15
19. Foreclosure by Power of Sale. Should the Agency elect to foreclose by exercise of
the power of sale herein contained, the Agency shall notify Trustee and shall deposit with
Trustee this Deed of Trust, and the Note which is secured hereby (and the deposit of which shall
be deemed to constitute evidence that the unpaid Loan amount of the Note is immediately due
and payable), and such receipts and evidence of any expenditures made that are additionally
secured hereby as Trustee may require.
a. Upon receipt of such notice from the Agency, Trustee shall cause to be recorded,
published and delivered to Borrower the Notice of Default, as outlined above, and Agency's
notice of election to sell as then required by law and by this Deed of Trust. Trustee shall, without
demand on Borrower, after lapse of such time as may then be required by law and after
recordation of a Notice of Default and after Notice of Sale having been given as required by law,
sell the Security, at the time and place of sale fixed by it in said Notice of Sale, whether as a
whole or in separate Iots or parcels or items as Trustee shall deem expedient and in such order as
it may determine unless specified otherwise to the Borrower according to California Civil Code
§§2924g(b), at public auction to the highest bidder, for cash in lawful money of the United States
payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good
and sufficient deed or deeds conveying the property so sold, but without any covenant or
warranty, express or implied. The recitals in such deed or any matters of facts shall be conclusive
proof of the truthfulness thereof. Any person, including, without limitation, Borrower, Trustee or
Agency, may purchase at such sale, and Borrower hereby covenants to warrant and defend the
title of such purchaser or purchasers.
b. After deducting all reasonable costs, fees and expenses of Trustee, including costs
of evidence of title in connection with such sale, Trustee shall apply the proceeds of sale to
payment of: (1) the unpaid Loan amount of the Note; (ii) all other sums then secured hereby,
including the Equity Share payment and Contingent Interest, as applicable; and (iii) the
remainder, if any, to Borrower.
C. Trustee may postpone sale of all or any portion of the Security by public
announcement at such time and place of sale, and from time to time thereafter, and without
further notice make such sale at the time fixed by the last postponement, or may, in its discretion,
give a new notice of sale_
20. Borrower's Right to Reinstate. Notwithstanding Agency's acceleration of the sums
secured by this Deed of Trust, or other actions taken in response to any Event of Default of
Borrower, Borrower will have the right to have any proceedings commenced by Agency, to
enforce this Deed of Trust, discontinued at any time prior to five (5) days before sale of the
Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to
entry of a judgment enforcing this Deed of Trust if:
a. Borrower pays Agency all sums which would be then due under this Deed of
Trust, and the Note;
b. Borrower cures all breaches of any other covenants or agreements of Borrower
contained in this Deed of Trust, and the Note;
09-2154/38940 16
C. Borrower pays all reasonable expenses incurred by Agency and Trustee in
enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in
enforcing Agency's and Trustee's remedies, including, but not limited to, reasonable attorney's
fees, as applicable; and
d. Borrower takes such action as Agency may reasonably require to assure that the
lien of this Deed of Trust, Agency's interest in the Security and Borrower's obligation, to pay the
sums secured by this Deed of Trust shall continue unimpaired.
Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured
hereby will remain in full force and effect as if no acceleration had occurred.
21. Forbearance by the Agency Not a Waiver. Any forbearance by Agency in
exercising any right or remedy will not be a waiver of the -exercise of any such right or remedy,
nor shall acceptance by the Agency of any payment provided for in the Note constitute a waiver
of the Agency's right to require prompt payment of any remaining principal and interest owed.
The procurement of insurance or the payment of taxes or other liens or charges by Agency will
not be a waiver of Agency's right to accelerate the maturity of the indebtedness secured by this
Deed of Trust.
22. 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 any other document, or
afforded by law or equity, and may be exercised concurrently, independently or successively at
the discretion of the Agency.
23. Reconveyance. Upon payment or forgiveness of all sums secured by this Deed of
Trust, including the Loan, Simple Interest and any amounts due under the Loan Document, as
applicable, and at the expiration of the Term, Agency will request Trustee to reconvey the
Security and will surrender this Deed of Trust and the Note to Trustee. Trustee will reconvey the
Security 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.
24. Substitute Trustee. Agency, at its option, may from time to time remove Trustee
and appoint a successor trustee to any Trustee appointed hereunder. The successor trustee will
succeed to all the title, power and duties conferred upon Trustee herein and by applicable law.
25. Notice. All notices required herein shall be sent by certified mail, return receipt
requested or express delivery service with a delivery receipt and shall be deemed to be effective
as of the date received or the date delivery was refused as indicated on the return receipt as
follows:
To the Borrower:
At the address of the Property.
09-2 1541,38940 17
To the Agency:
Redevelopment Agency of the
City of Huntington Beach
Attn: Deputy Executive Director
P.O. Box 190
2000 Main Street
Huntington Beach, CA 92647
To the Trustee:. Ian)�ers Title CarpaW
1920 Main Strut, Slaite 500
[to be inserted] IrAm, CA 92614
The parties may subsequently change addresses by providing written notice of the change
in address to the other parties in accordance with this Section.
26. 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 the
Agency and Borrower subject to the provisions of this Deed of Trust.
27. Joint and Several Liability All covenants and agreements of Borrower shall be
joint and several.
28. Subordination to First Mortgage. Notwithstanding any other- provision hereof, the
provisions of this Deed of Trust shall be subordinate to the lien of the First Lender Deed of Trust
and shall not impair the rights of the First Lender, or the First Lender's successor or assign, to
exercise its remedies under the First Lender Deed of Trust in the event of default under the First
Lender Deed of Trust by the Borrower.
29. Nondiscrimination. The Borrower covenants by and for itself and its successors
and assigns that there shall be no discrimination against or segregation of a person or of a group
of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation,
marital status, ancestry or national origin in the sale, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the Borrower or any person claiming under or through the
Borrower establish or permit any such practice or practices of discrimination or segregation with
reference to the use, occupancy, or transfer of the Property. The foregoing covenant shall run
with the land.
30. Governing Law. This Deed of Trust shall be governed by the laws of the State of
California.
31. Severability. Every provision of this Deed of Trust is intended to be severable. In
the event any term or provision hereof is declared to be illegal or invalid for any reason
whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity shall
not affect the balance of the terms and provisions hereof, which teens and provisions shall
remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to
any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the
unsecured or partially secured portion of the debt, and all payments made on the debt, whether
voluntary or under foreclosure or other enforcement action or procedure, shall be considered to
have been first paid or applied to the full payment of that portion of the debt which is not secured
or partially secured by the lien of this Deed of Trust.
32. 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.
09-2154/38940 is
33. Exhibits. Any exhibits referred to in this Deed of Trust are incorporated in this
Deed of Trust by such reference.
IN WITNESS WHEREOF, Borrower has executed this Deed Of Trust as of the date first
written above.
BORROWER:
print name V4v'? 29 -, J-, 1t " /b
printn' ,e_t�N]�tj
TRUSTEE:
print name
pnnt name
09-2154/38940 19
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a public
body of th/ State, of California
U Ekgtutive Direct
Deputy Executi ev Director
AP�R.OVED AS TO FORM:
�Agen;cyCounsel
To the Trustee: La&yers Title CaTpeny
1920 Main Street, Suite 500
[to be inserted] Indm, CA 92614
The parties may subsequently change addresses by providing written notice of th6 change
in address to the other parties in accordance with this Section. ,
26. 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 the
Agency and Borrower subject to the provisions of this Deed of Trust.
27. Joint and Several Liability All covenants and agreements of Borrower shall be
joint and several. ,
28. Subordination to First Mortgage. Notwithstanding"any other provision hereof, the
provisions of this Deed of Trust shall be subordinate to the lien of the First Lender Deed of Trust
and shall not impair the rights of the First Lender, or the/First Lender's successor or assign, to
exercise its remedies under the First Lender Deed of Trust in the event of default under the First
Lender Deed of Trust by the Borrower.
29. Nondiscrimination. The Borrower covenants by and for itself and its successors
and assigns that there shall be no discrimination against or segregation of a person or of a group
of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation,
marital status, ancestry or national origin in the sale, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the Borrower or any person claiming under or through the
Borrower establish or permit any such practice or practices of discrimination or segregation with
reference to the use, occupancy,,6r transfer of the Property. The foregoing covenant shall run
with the land. /
30. Governing Law. This Deed of Trust shall be governed by the laws of the State of
California. %
f
31. Severability. Every provision of this Deed of Trust is intended to be severable. In
the event any term ;or provision hereof is declared to be illegal or invalid for any reason
whatsoever by a court or other body of competent jurisdiction, such illegality or invalidity shall
not affect the balance of the terms and provisions hereof, which terrns and provisions shall
remain binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to
any part of the;`debt, or if the lien is invalid or unenforceable as to any part of the Security, the
unsecured or partially secured portion of the debt, and all payments made on the debt, whether
voluntary or,,under foreclosure or other enforcement action or procedure, shall be considered to
have been first paid or applied to the full payment of that portion of the debt which is not secured
or partially secured by the lien of this Deed of Trust.
r`
32. Captions. The captions and headings in this Deed of Trust are for convenience
onlyf and are not to be used to interpret or define the provisions hereof.
r'
09-2154/38940 is
File No: 210582345
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
UNIT 26 OF MODULE "A" IN LOT 1 OF TRACT NO. 15531, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 771,
PAGES 26 THROUGH 32 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, AS
SHOWN AND DEFINED IN THE CONDOMINIUM PLAN RECORDED ON FEBRUARY 17, 1999 AS
INSTRUMENT NO. 19990113347 OF OFFICIAL RECORDS OF SAID COUNTY ("CONDOMINIUM
PLAN"), AND AS DEFINED IN THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR CAPE ANN RE -RECORDED JANUARY 25,
1999 AS INSTRUMENT NO. 19990136116, AND THE NOTICE OF ANNEXATION OF TERRITORY AND
SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PHASE 2
OF CAPE ANN, RECORDED FEBRUARY 17, 1999 AS INSTRUMENT NO. 1999011349, BOTH OF SAID
OFFICIAL RECORDS (COLLECTIVELY, "DECLARATION').
EXCEPT THEREFROM THE OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES LYING
BELOW THE SURFACE OF SAID LAND, AS PROVIDED IN DEEDS OF RECORD.
PARCEL 2:
A ONE/TWELFTH (1/12) UNDIVIDED FRACTIONAL FEE INTEREST IN AND TO MODULE B OF THAT
PORTION OF SAID LOT 1 OF SAID TRACT NO. 15531, AS SHOWN AND DEFINED IN THE
CONDOMINIUM PLAN.
PARCEL 3:
AN EXCLUSIVE USE EASEMENT APPURTENANT TO THE AFORE -DESCRIBED CONDOMINIUM UNIT
IN, ON, OVER, ACROSS AND THROUGH THE CORPORATION PROPERTY FOR PARKING SPACES, IF
APPLICABLE, AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION RECORDED ON JANUARY
25, 1999 AS INSTRUMENT NO. 19990136116, OF OFFICIAL RECORDS AND SHOWN IN THE
CONDOMINIUM PLAN ("EXCLUSIVE USE COMMON AREA").
PARCEL 4:
A NON-EXCLUSIVE EASEMENT APPURTENANT TO THE AFORE -DESCRIBED CONDOMINIUM UNIT
FOR INGRESS, EGRESS, USE, MAINTENANCE, REPAIR, DRAINAGE, ENCROACHMENT AND
ENJOYMENT IN, ON, OVER, UNDER, ACROSS AND THROUGH ALL PORTIONS OF THE CORPORATION
PROPERTY OF PHASE 1 WHICH ARE DESCRIBED IN THE DECLARATION, EXCEPTING THEREFROM
THOSE PORTIONS DESCRIBED THEREIN AND SHOWN IN THE CONDOMINIUM PLAN AS EXCLUSIVE
USE COMMON AREA, AND ACROSS ALL PORTIONS OF ANY CORPORATION PROPERTY
SUBSEQUENTLY ANNEXED INTO THE PROJECT WHICH IS NOT DESCRIBED AS EXCLUSIVE USE
COMMON AREA.
PARCEL 5:
NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, ACCESS, MAINTENANCE, REPAIR,
DRAINAGE AND ENCROACHMENT, ALL AS DESCRIBED IN THAT CERTAIN DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE
Page 3
File No: 210582345
SEAGATE COMMUNITY, RECORDED JULY 31, 1997 AS INSTRUMENT NO. 19970365470 OF
OFFICIAL RECORDS OF SAID COUNTY (THE "COMMUNITY DECLARATION").
ASSESSOR'S PARCEL NUMBER: 933-87-351
Page 4
ACKNOWLEDGMENT
STATE OF CALIFORNIA
ss
COUNTY OF ORANGE
On December 21, 2010, before me, P. L. Esparza, Notary Public, personally
appeared Fred A. Wilson who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which
the person 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.
(Notary Signature'
P. L. ESPARZA
Kam... Commission # 1857021
z
Notary Public - California z
' "' Orange County
My Comm. Expires Aug4, 2013
(Seal)
ACKNOWLEDGMENT
State of California
County of Orange
On December 20, 2010 before me, Kathleen Nelson, Notary Public, personally
appeared Stanley Smalewitz who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which
the person 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.
i
Signature
JIII11111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIHIIIIIIIIHNIInIHI
KATHLEEN NELSON
COMM. #1814694
Notary Public - California c
Orange County
Myy 3111HHNt IIIIIHIIIIf11111N1111H11H.11EeTres11t1S11Helpplil2.3,,,,2011112HM=Comm:
(Seal)
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 6 CA t
) 6P
On �I I (� before me,
personally appeared
�m'ylh Q(�
(Herein rt name and title of the officer)
ny�viio-enLz I
who 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, 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.
KRISTINA OOLLINS
Commission # 1888286
MY hand and off seal -: Notary Public - California i
Orange County
my Comm. Expires May 6, 2014
(Notary Seal)
ary Public
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
. Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment„form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com