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HomeMy WebLinkAboutCC RESO 13,970RESOLUTION NO. 13,970 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEED OF TRUST AND ASSIGNMENT OF RENTS BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor and City Clerk be and they are hereby authorized and directed to execute Deed of Trust and Assignment of Rents which is a Purchase Money Deed of Trust for the purpose of securing promissory note in the principal sum of Seventy Thousand and 00/100 Dollars ($70,000.00) given as part of the purchase price of real property owned by Austin J. Oliver, located in the City of National City, and identified on the Assessor's rolls as Parcel No. 563-150-22. PASSED AND ADOPTED this 1st day of February, 1983. ATTEST: r RECORDING REQUESTED BY z CC i 0 a Yfit z 0 0 u w x 0 0 W £ t£ t0 N NAME STREET ADDRESS CITY. STATE Zip AFTER RECORDING MAIL TO Austin J. Oliver 12151 Freemont #19 Yucaipa, CA 92399 344045—K 56705—S Title Order No. Escrow No. SPACE ABOVE FOR RECORDER'S USE ONLY INDEX AS TRUST DEED AND ASSIGNMENT OF RENTS DEED OF TRUST AND ASSIGNMENT OF RENTS incorporating by reference certain provisions of a deed of trust (not fictitious) recorded in counties named herein. By this DEED OF TRUST, made this 21st day of January CITY OF NATIONAL CITY, a Municipal Corporation , 19 83 , between , herein called Trustor, whose address is 1243 National City Blvd, National City CA 92050 (number and street) (city) (zone) (state) and LAND TITLE INSURANCE COMPANY, a California corporation, herein called Trustee, and AUSTIN J. OLIVEP a married man as his sole and separate property , herein called Beneficiary. Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in San Diego County, California, described as That portion of the East half of 40 Acre Lot 2 in Quarter Section 134 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County on May 11, 1869, BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT 11A" ATTACHED HERETO AND MADE A PART HEREOF. This is a Purchase Money Deed of Trust. Trustor also assigns to Beneficiary au rents, Issues and profits of said realty reserving the right to collect and use the same except during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the same by any lawful means in the name of any party hereto. For the purpose of securing: (1) Performance of each agreement of Trustor incorporated by re.ff.Aeripp,w cpttgained herein; (2) payment of the indebtedness evidenced by one promissory note of even date herewith in the principal sum of S U,UUU x VU UU payable to Beneficiary or order; (3) the payment of any money that may be advanced by the Beneficiary to Trustor, or his successors, with interest thereon. To protect the security of this Deed of Trust, Trustor agrees by the execution and delivery of this deed of trust and the note secured hereby that the provisions of section A, including paragraphs I to 5 thereof and the provisions of section B, including paragraphs 1 to 8 thereof of the deeds of trust recorded in the Official Records of the following counties in the state of California and in the books and at the pages of such Official Records as follows: COUNTY Book Page COUNTY Book Page COUNTY Book Page COUNTY Book Page Amador 61 320 Madera 403 365 Riverside 853 417 Santa Clara 4740 31 Calaveras 97 51 Mann 976 165 Sacramento 2930 339 Santa Criss11902031429 403 El Dorado 369 137 Mariposa 27 531 San Bernardino 2187 142 Solana 478 Fresno 2510 402 Merced 912 197 San Diego 4257 114 Stanlslaus 215 Humboldt 586 170 Monterey 1651 185 San Joaquin 1109 16 Tulare 1286 325 Imperial 688 555 Napa 610 801 San Luis Obispo 465 41 Tuolumne 69 427 Kings 397 1 Nevada 213 343 San Mateo 3769 192 Ventura 1653 22 Los Angeles 25481 351 Orange 2527 108 Santa Barbara 763 33 Voles 466 325 which provisions are identical in each of said deeds of trust, shall be and they are hereby incorporated herein as fully as though set forth herein at length; and that the references to lands, obligations, and parties in said provisions refer to the lands, obligatigns, and parties set forth in this deed of trust. A copy of said provisions is printed on the reverse side of this deed of trust. 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 here- inabove set forth. At the date of the request therefor, Beneficiary may charge the amount permitted by low for any statement regarding the obligations secured hereby. STATE OF CALIFORNIA 1 COUNTY OF 1 SS. On before me, the v Public in and for said County and Stole, personally appeared known to me to be the.President, and known to me to be Secretory of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named. and acknowledged to me that such corporation executed the within instrument pursuant to its by -lows or a resolution of its board of directors. B CITY OF .i�r ONAL P CITY, a Municipal ;; // Corporoton ders.gned, a Notary Signature I— — 1+n'eeeve FOR NOTARY SEAL OR STAMP Name (Typed or Printed) Notary Public in ono for said County and Stale 31c-C-LT (12/751 to • STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss On this the a'1"4Day of 198 3 , before me, the undersigned, a Notary Public in and for said State, personally appeared <' , known o me (or proved on the basis of satisfactory evidence) and , known to me (or proved on the basis of satisfactory evidence)known to me to be the Mayor and City Clerk of National City, California to be the person(s) whose names(s) 'ph 2. subscribed to the within instrument, and acknowledged that z.�ey executed it. WITNESS my hand and official seal. Notary's Si nature TYP a . .. a r�tl EXHIBIT "A" That portion of the East half of 40 Acre Lot 2 in Quarter Section 134 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County on May 11, 1869 described as follows: BEGINNING at a point on the Northerly line of Sweetwater Road, said point being 40.00 Westerly from the intersection of said Northerly line with the Easterly line of said Quarter Section 134 and being theSouthwest corner of land described in deed to the City of National City recorded February 24, 1949 in Book 3120 Page 329 of Official Records; thence Northerly and parallel with said Easterly line of said Quarter Section 134 a distance of 125.00 feet; thence Westerly and parallel with the Northerly line of Sweetwater Road a distance of 200.00 feet; thence Southerly and parallel with the Easterly line of said Quarter Section 134 a distance of 125.00 feet to the Northerly line of Sweetwater Road; thence Easterly along said Northerly line a distance of 200.00 feet to the Point of Beginning. . EXCEPTING therefrom that portion as deeded to the County of San Diego by document dated May 13, 1972 recorded July 5, 1972 as file No. 173027 (known as Parcel No. 69325) and described as follows: Fee title in and to that portion of the East Half of 40 acre Lot 2 in Quartet Section 134 of Rancho de La Nacion, in the City of National City, County of San Diego, State of California, described in Deed to Austin J. Oliver recorded August 4, 1965 in the Office of the County Recorder of San Diego County as file No. 139746 of the Official Records, lying Southerly and Easterly of the following described line: BEGINNING at the Southwest corner of land described in said deed; thence along the West line thereof North 17°41'13" West 38.94 feet to the TRUE POINT OF BEGINNING; thence leaving said West line North 78°25'14" East 125.43 feet to the beginning of a tangent curve to the left having a radius of 20 feet; thence along said curve through a central angle of 90°00'00" in a Northeasterly, Easterly and Northwesterly direction a distance of 31.42 feet; thence tangent to said curve North 11'34'46" West 10.80 feet to the beginning of a tangent curve to the right having a radius of 275 feet; thence along said curve to 344045-K a point in the Northerly line of said land, a distance of 47.02 feet through a 1/13/83 central angle of 9°47'52".