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HomeMy WebLinkAboutCC RESO 11,023RESOLUTION NO. 11,023 RESOLUTION DIRECTING EXECUTION OF REQUEST FOR RECONVEYANCE (Lamb Chevrolet) WHEREAS, the obligors on a promissory note and Deed of Trust in favor of the City of National City recorded as Series 8, Book 1967 Escrow 171-2861 with Acme Chevrolet 4/6/67 #167, have paid said note in full and are entitled to a reconveyance of the City's interest therein; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is authorized and directed to execute and the City Clerk to attest to a full reconveyance of the interest of the City of National City in and to said real property by virtue of debt between Lamb Chevrolet and the City of National City. PASSED AND ADOPTED this 17th day of April, 1973. ATTEST: S-3 s/w. RECORDING REQUESTED BY .-•tank Yfl Anirtica NATIONAL TRUST AND SAVINGS ASSOCIATION National City WHEN RECORDED MAIL TO City of National City Rranch 121.13 National Avenue l4al,_0n31 �i. fir, Ga�iLorn1a FILE/PAGE No.___ RECORDED REQUEST OF TITLE IISUCIPJ10E & T+,UST CO. APR 6 9:00 Atd'67 SERIES 8 BOCK 1967 OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. A. S. GRAY, RECORDER $2.80 SPACE ABOVE THIS LINE FOR RECORDER'S USE SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS adopting and including by reference certain provisions of a deed of trust recorded in the counties named herein. A copy of said provisions is set forth on the, reverse hereof. Between r . 3£ U r t t7 20th day of December 05 19 , �. t Ct IImace this :C y CIT L ?OI� T CD.fn NY, A Corporation of National ;., 24th (Street and Number) County . of :'. D' n State of r a14 cornia herein called TRUSTOR, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a. national banking association, herein called TRUSTEE, and CITY OF N TIONAL C11 • , % i-•?2nic ''al . Corporation. herein called BENEFICIARY, ptfYlessri : That Trustor irrevocably. GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in C :' c National .- tjr County, California, described as: in the City of 1NIational City Attached: This dead of trust is given to secure a portion of the purchase price of the within described p roperty. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by Section B, Paragraph 5, of the provisions adopted and included herein by reference to collect and apply such rents, issues and profits. r inr the }T11rinise of p ,1Trt t (1) payment of the indebtedness evidenced by one promissory note of even date here, • with in the principal sum of $ --'' e % •� • payable to Beneficiary or order, and (2) the performance of each agreement of Trustor adopted and included by reference or contained herein. Pg Ilic =ration i11Tli 1bclurert of I1IR C eLii of (I -rust and the note secured hereby the parties hereto agree that there are adopted and included herein for any and all purposes by reference as though the same were written in full herein the provisions of Section A, including paragraphs 1 through 5 thereof, and of Section B, including paragraphs 1 through 9 thereof, of that certain fictitious Deed of Trust recorded in the official records in the office of the County Recorder of Sacramento County on April 18, 1950, in book 1814 at page 536 and in the official records in the office of the County Recorder of Shasta County on April 18, 1950, in book 327 at page 1, and in the official records in the offices of the County Recorders of the following counties on April 17, 1950, in the books and at the pages designated after the name of each county: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 6080 519 Kern 1634 347 Nevada 149 199 Santa Cruz 767 498 Alpine F 71 Kings 454 10 Orange 1999 492 Sierra 1 202 Amador 42 76 Lake 206 449 Placer 566 647 Siskiyou 257 334 Butte 544 145 Lassen 60 146 Plumas 31 94 Solano 527 21 Calaveras 60 309 Los Angeles 32874 331 Riverside 1164 336 Sonoma 953 3S6 Colusa 166 2 Madera 491 62 San Benito 169 406 Stanislaus 1000 1 Contra Costa 1539 32 Marin 647 154 San Bernardino 2562 143 Sutter 321. 30 Del Norte 31 475 Mariposa 31 396 San Diego 3584 100 Tehama 210 308 El Dorado 275 485 Mendocino 267 53 San Francisco 5423 490 Trinity 40 420 Fresno 2835 75 Merced 981 44 San Joaquin 1240 432 Tulare 1437 411 Glenn 244 415 Modoc 82 341 San Luis Obispo 560 594 Tuolumne 47 119 Humboldt 127 442 Mono 27 83 San Mateo 1838 193 Ventura 926 397 • Imperial 777 126 Monterey 1210 132 Santa Barbara 911 491 Yolo 321 95 Inyo 83 1 Napa 331 100 Santa Clara 1962 33 Yuba 140 213 A copy of raid provisions so adopted and included herein by reference is set forth on the reverse hereof. For any statement regarding the obligation secured hereby, Beneficiary may charge the maximum amount permitted by law at the time.of the rc.gaest therefor. The undersigned 'T•ru>tor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him at his addres given ai,uve.: , t T n U>;c,R j1St Oft ACl: )(,I:,` fir..' CL•1:,� ., ,1 Corporation -y ':// //.ry >-• fC lei ' /�y--C'...- ) STATE OF CALIFORNIA County of On this71/l .__day of_ .) 01/7f-1dr t 196 , before me / 6UL- i � 1-.'°61f7 a Notary Public in and (, r ..ud ;our y', per o+rally appeared ` - i /I i!,)J, i curl C7 /7 Cl %C� f(r/ SS. known t„ mr to he the prr..uu(:) white gauge(.)S.1L�-—subscube l to the kit6il instrument, and acJexceilled the .11olwlcdgcd th it ey' VAIN 1.bt, my hand and ollicial sr -al. � 1 (II I It:IAL t,I.AI_ •_ lC �__.----- ''i I'Ill[Ni Notary Public in and for said County and State. A portion of Block 2 of the Subdivision of Ten Acre Lot 8 in Quarter Section 153 of Rancho de la Nacion, in the City of ..National City, County of San Diego, State of California, according to Map thereof No. 26, filed in the office -of the • County Recorder of. said County, also that portion of Ten Acre Lot 7 in Quarter Section 153 of Rancho de la Nacion, according to Map thereof No. 166, filed in the office of the County Recorder of said County, together with the alley, streets and avenues adjoining said Lots and Blocks lying within the following described land: Beginning at the Southeasterly corner of Block 4 of Map No. 26; thence South 71°53'21" We$t along the -Northerly line of 24th Street adjoining Blocks 4, 3 and 2-in said Ten Acre Lot 8, a distance of 759.35 feet to a point in 'a line which is parallel with and 195.00 feet Easterly from the center line of "A" Avenue (60a00 feet wide),"as said Avenue is 'shown on Hamann Subdivision, according to Map thereof No. 2077, filed in the office of the County Recorder of said County, being the true point of beginning; thence continuing along.esaid Northerly line South 71°53'21" West 165.00 feet to a line which is parallel with and 30-.00 feet Easterly from the center line of said "A" Avenue; thence along said parallel line North 17°59'29" West 591 feet more ' or less to the Southerly line of the Northerly 30.00 feet of said Lot 7; thence North 71°54'07" East parallel with the °.Northerly'line of said Lot 7,165.00 feet to a line which bears North 17°59'29" West parallel with said center line of "A"Avenue from the true point of beginning; thence South 17°59'29" East 591.06 feet to the true point of beginning. Reserving therefrom an easement for drainage purposes over a strip 'of -land 12.00 feet in width, the center line of which being' described as follows: Beginning at a point in the Northerly -line of said Ten Acre Lot 7, distant thereon 143.73 feet Westerly from the Northeasterly corner of the Westerly Half of said Ten Acre Lot 7; thence Southwesterly in a straight line 838 feet more or less to a point in the Southerly line of said Ten Acre Lot 8, distant 8.00 feet Easterly from theSouthwest corner thereof. Excepting therefrom that portion lying within the Northerly 30.00 feet of said 10 Acre Lot 7. • thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. E„t 6. Upon default by. Trustor in payment of any indebtedness secured hereby or in 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 duly filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents _N evidencing expenditures secured hereby. OAfter 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 en 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 (but subject to any statutory right of Trustor to direct the order in which such property, if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder for cash in lawful money of the United States of America, 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 timeto time thereafter may postpone such sale by public announcement at the time ^ 0 - 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. AThe 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 6 apply the proceeds of sale to payment of: all sums expended under the terra hereof, not then repaid, with acc rued tined interest at seven per cent per annum; all other suns then secured hcrcbyt and the nano nder, if any, to the person or persons kga l!y entithd thereto. ! �+ 7. Trust t, or it said prop et iv shall have been transferred, the then record owner, together with Beneficiary, 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 and acknowledged by each and recorded in the office of s the recorder of the county or counties .there said pugmrry is situated, -snail be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall. -' without conveyance from the Trusts c preJacc.eor, 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 tine Deed is recorded, and the name and address of the new Trustee. If notice of default shall have been recorded, this power of substitution cannot he exercised until alter the costs, fees and expenses of the then acting Trustee shall have been paid to such Trustee, who shall endorse receipt thereof upon such instrument of substitution. The procedure herein provided for substitution of Trustee shall be exclusive of all other provisions for substitution, statutory or otherwise. 8. This Deed applies to, inures to the benefit of, and hinds all parties hereto, their heirs, legatees, devisees,administrators, executors. successors and assigns The term Beneficiary shall mean the owner and hold:r, including pledgers, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, masculine gender includes the fent:nine and/or neuter, and the singular number includes the plural. es. 'trustee accepts this Truer when this Deed, duly exentted and acknowledged, is made a public record as provided by law. Tome. is not obligated to notify any Arty ben'n, of pending sale under tiny ether Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be • party unless brought by Trustee. • • a a tt .+ t ' in (/) i c04 s� sari J r+ [I.: to 0 ' 3f 0iJ :; w a G E+ it r _ "-) O r-., In (.., O •� Rc- N .z _, F, Deed of Trust Instalment Note —Interest included DO NOT DESTROY THIS NOTE: When paid, this note, with Deed of Trust securing same, must be surrendered to Trustee for cancellation and retention, before reconveyance will be made. 16,363.00 National City December 20 196 California,l • In instalments as herein stated, for value received I promise to pay to received, pay OF NATIONAL CITY A Municipal Corporation — — — — — — — - _ .. — — �— or order, at National Cite, California the sum of DITTY SIX THOUSAND THREE HUIIDRI'D SIXTY EIGIIT AND NO/100 — — — DOLLARS, with interest fin — diate.. — — on unpaid principal at the f in— in sNINE cTHTE7 THOUSANDx TWO TItO HUNDRED pSEVE 1Tl: "AND"O0/1CO — and -- payable instalments Dollars rof f/rr// s or more on the S i.xth d•iy of each year n{bf(yh, beginning on the sixth day of Janr,ary 19 63 t and continuing until said principal and interest have been paid. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Should default be made in payment of any instalment when clue the whole suns of principal and interest shall become immediately clue at the option of the holder of this note. Principal and interest payable in lawful money of the United States. If action be instituted on this note I promise to pay such sum as the Court may fix as attorney fees. This note is secured by a DEED OF . TTRUST of even date herewith to BANK OF AMERICA NATIONAL TRUST AND SAVINGS Thi SSOCIAI TUN a l��tional kin Association. Acry,. Ch, vrolet Comi.anv s is a urc'r,�se oney J.1gatIon �" t 1%.