HomeMy WebLinkAboutCC RESO 10,991RESOLUTION NO. 10,991
RESOLUTION .DIRECTING EXECUTION OF REQUEST FOR
RECONVEYANCE
(Roger D. and Mary K. Ring, 240 W. 30th Street)
WHEREAS, the obligors on a promissory note and
deed of trust in favor of the City of National City recorded
as Document No. 34498 have paid said note in full and are en-
titled 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
Roger D. and Mary K. Ring and the City of National City.
PASSED AND ADOPTED. this 6th day of March, 1973.
ATTEST:.
NOTE SECURED BY DEED OF TRUST, Installment 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, before reconveyance will he made.
National City California, March 13 19 64
the undersigned
$.30:-QQQ. QQ
In installments as herein stated, for value received,
CITY OF Nt TICrr.L C11Y, .: lzzicapai Corporation — — —
promise to pay to
or order, at National City,. California the principal sum of
Thirty thousand and. no/100 — — — — — — — — r _ dollars,
with interest from IJC3rCh 1.34 196L on unpaid principal at the rate of Six (6) ___per cent
per annum: principal and interest payable ininstallments of _
Three hundred and no/100 — — — — dollars or more on the tenth day of
each calendar month, beginning on the tenth day of July 19 64
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 the interest shall thereupon
cease upon the principal so credited. Should default be made in payment of any installment of principal and interest. the whole
sum of principal and interest shall, at the option of the holder of this note, become immediately due. Principal and interest pay-
able in lawful money of the United States. If action be instituted on this note, the undersigned promise to pay such sum as
the Court may adjudge as attorney's fees. This note is secured by a DEED OF TRUST to SECURITY TITLE INSURANCE
COMPANY, a corporation.
L-78-N (G.S.) (Rev. 3-59) 3-19-59 Photo Form
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DEED OF n D n £ i 1T C1 .-. _ TS
incorporating by reference F 'n y provisionsf said provisionsof
eed of trust
sth( (not
n fictitious)
e dos) reversee' led in counties named herein.
n. L —?_
1Sy this Deed Of Trust, made this l3th day of March 19 bd ,
between
LAMDON LIMITED INVLST ENT3, A Partnership , herein called Truster,
and SECURITY TITLE INSURANCE COMPANY, a California corporation, herein called Trustee, and
CITY ON NATIONAL CITY, A Municipal Corporation , herein called Beneficiary,
- Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in
City of National City, an Diego County, California,
described as follows: ter attached:
All that nortion of 'iahia Vista, in the City of National City, County of San
Diego, St-^te of California, aacordin- to 11^1 thoreof No. 1215, filed in the office
of the County Recorder of said San Diego County, December 19, 1924, and of Thirtieth
Street as vacated and closed to public use, described as follows:
Bn3nn?rg et the Northeasterly corner of Lot 150 of said Bahia Vista; thence
South 18° 35` Last along the Westerly line of National Avenue as shorn on said
Yap 289.78 feet to the Southerly :.inn of Thirtieth Street and its Easterly pro-
longation az dedicated by Resolution No. 8110 of the City of National City; thence
at right anslles South 71' 25' 'Pest along said Southerly line of Thirtieth Street
and its easterly prolonoetion 700.`4 feet to the TRUE POINT Cr BECIN;:I'NG; thence
continuing South 71' 25' 'o°:=t along said Southerly line 190.00 feet to the begin-
nin; of a to Vent 40 foot radius curve concave Southeasterly; thence along the arc of
said curse through a central angle of 90° a distance of 62.83 feet. Thence leaving
said curve South 18' 35' East a. distance of 335.58 feet to the Southerly boundary
of that' reel of land conveyed to the City of rational City by deed dated
Sertetiber 24, 1954 and recorded in sock 5410 page 330 of Official Records of said
San Diego County; thence along said Southerly boundary North 73' 14' East a
distance of 1E2.77 feet to nn anole point therein; thence continuing along said
Southerly boundary North 85° 01' East 48.69 feet; thence leaving said Southerly
boundary North 18' 35' West a distance of 392.82 feet to the TRUE POINT CY BEGINI'ING.
ties in the state of California and in the books and at the pages of such Official Records as follows: Fresno County,
Book 2510, Page 402; Imperial County, Book 688, Page 555; Kings County, Book 397, Page 1; Los Angeles County, Bcok
25481, Page 351; Madera County, Book 403, Page 365; Merced County, Book 912, Page 197; Riverside County, Book 853,
Page 417; San Bernardino County, Book 2187, Page 142; San Luis Obispo County, Book 465, Page 41; San Joaquin County,
Book 1109, Page 18; Santa Barbara County, Book 763, Page 33; Stanislaus County, Book 912, Page 215; Tulare County,
Book 1286, Page 325; San Diego County, Book 4257, Page 114; and Mariposa County, Book 27, Page 531; which provisions
are identical in each of said deeds of trust, shall be and they are hereby incorporated herein and made an integral part
hereof for all purposes as fully as though set forth herein at length; and that the references to lands, obligations, and
parties in said provisions shall be construed to refer to the lands, obligations, 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 hereinafter set forth. -
TRUSTOR SIGN HERE
STREET AND NUMBER CITY
LAY uC II'1ED IIdVESTI--E JT3 II `1 C 1JOiN)
STATE OF CALIFORNIA
COUNTY OF
STATE OF CALIFORNIA
COUNTY OF
a �
On ths` day of !�
19.6�'t, before me, Ae-57
} SS.
a Notary Pub
ally a peare
c in and forsai4$yynty and State, person-
d
knitwn to me,
tbe�tsftuera�+1[,tAi�parut,'tr ship that executed
the within inalydmcol anih a.e,4 wled� to me that such
t,ai :t•'r'1 inn ¢:non i:i �ttir Sin �:_4
WITNESS y'Italt?1 aaAY ,11.41 seal.
to hem l orrc of
- Notary Politic in and for said County and State.
CAROL A. ANDERSEN
Aly Commission Expireskty Comtnissian Lxpires Jan.L5, 19+v8
STATE
WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO
City of National City
12L3 lational 'venue, Iational City 92050
ORDER No...39 479
ESCROW No 171—'102_
SPACE BELOW FOR RECORDER'S USE ONLY
CORDED REQUEST OF
TITLE INSU NCECOMPANY
M; Y i ! 7;Uii rii;i `64
SERI 5 BOOK II96,4
O IC1AL ECOROS
SAti iIEEO coia4ry, CAL:5%
A. S. G'". rtY,COI'"TY ii LCO Ru6R
NO FEE
�1!
AAIt, IRA (t; `; 1 Ar•k T' rinershio (Photo Form)
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A. TO PROTECT cn+, DO NOT FEECOiiD
THE SECUtuTY HEREOF, TRUSTOR Are -s,
[1] To keep said property in good condition and repair, prase,-va
thereon the buildings, complete constrecticn begun, restore damage
or destruction, and pay the cost thereof; to commit or permit no
to waste, no violation of laws relating to alterations or improvements:
whichtheand, irrigate, l use fumigate,
prune,
and do qother pats
serve this security. p P ty may require
ire to pre
[2] To provide. maintain and deliver to Beneficiary fire insurance
satisfactory to and with foss 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 Beneficiary may release
all or any part thereof to Truster. Such application or release shall
not cure or waive any default or notice of default hereunder or in-
validate any act done pursuant to such notice.
[3) To appear in cad defend any action or proceeding purporting
to affect the security hereof or the rights or powers of Beneficiary
Trustee:or
cot of
evidenceof and title land pay
altorney's costs fees dinea rasonableu um insany
sappe
uch
ar. action or proceeding in which Beneficiary or Trustee may
B. IT IS MUTUALLY AGREED THAT;
[1] Any award of damages in connection with any condemnation
for public use of or injury to said property or any part thereof is
hereby assigned to Beneficiary, who may apply or release such
moneys received by him is the same manner and with the same
effect as provided for disposition of proceeds of fire or other
insurance.
due [2] By accepting payment of any sum secured hereby after its
patmentdwhen Beneficiary
of all other does waive sums so secured orht ftordeclare de-
fault for failure so to pay.
[3] At any time or from time to time, without liability therefor
and without notice. upon written request of Beneficiary and pre-
sentation of this Deed and said mote for endorsement, and without
affecting the personal liability of any person for payment of the
indebtedness secured hereby, Trustee may; reeonvey any part of
said property; consent to the making of any map thereof; join in
granting any easement thereon; or join in any agreement extending
or subordinating the lies or charge hereof.
[4] Upon written request of Beneficiary stating that all sums se-
cured hereby have been paid, and upon surrender of this Deed
and said note to Trustee for cancellation and retention and upon
payment of ifs fees, Trustee shall reconvoy without warranty,
the property then held hereunder. The recitals in such reconveyaace
of any matters or facts shall be conclusive proof of the truthfulness
thereof. The grantee in such reconvoyance. may be described as
"the
person or persons legally entitled thereto."
[5] Upon default by Truster in payment of any indebtedness se-
cured 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 ofdefault and of election
to cause said property to be sold, which notice Trustee shall cause
to be duly filed for record. Beneficiary- also shall deposit with
Trustee this Deed. said note sad all documents evidencing ex-
penditures secured hereby.
Trustee shall give notice of sale as then required by law. and
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[4] To pay: at least ten days before delinquency all taxes and
assessments affecting said property, including asnessmen'ut on ap-
purtenant water clock: when due, all incumbrancos, charges and
Ilene, with interest, on said property or any part thereof. which
appear to be prior or superior hereto; all costs, foes and exponaos
of this Trust.
Shneld t_r Tru_
-. ��.... tail to make any payment or to d::
hstein provided. then Beneficiaryany act as
so to do and without or eru nd but without obligationwith-
out y bogatiio n l upon may:
and r do
out releasing Truster from any obligation hereof, may; make or do
the same in such mariner 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 el Beneficiary or Trustee;
pay, purchase, contoat or compromise any ineumbrance, charge or
lien which in the judgment el Dither appears to be prior or superior
hereto; and. in exercising any such mowers, pay necessary expenses,
employ counsel and pay, his reasonable fees.
[5] To pay immediately and without demand all sums so ex-
pended by Beneficiary or Trustee, with interest from date of ex-
penditure at seven per .cent per ansum*
without demand on Trustor, at least three months having elapsed
after recordation of such notice of default, shall sell said property
at the time and place of sale fixed by it in said notice of sale,
either asa whole or in separate parcels and in ouch order as it
may determine, at public auction to the highest bidder for cash
m 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 sole, and from time
to time thereafter may postpone such sale by public announcement
at the time fled by the preceding postponement. Trustee shall de-
liver to such purchaser its deed conveying the property so sold,
but without any covenant or warranty, expressed or implied. The
recitals in such deed of any matters or facts shell be conclusive
Trustee of orhe truthfulness Beneficiary as hereinaftezdefinny ed, inducing at such
sale. may purchase at ouch
After deducting all costs, fees and expenses of Trustee and of
this Trust, including cost of evidence of title is connection with
sale, Trustee shall apply the proceeds of sale to payment of: all
sums expended under the tome hereof, not then repaid, with accrued
interest at seven per coot per annum; all other sums then secured
hereby; and the remainder, if any, to the person or persons legally
entitled thereto.
[&] This Deed applies to, inures to the benefit of, and binds all
parties hereto, their legal representatives and successors in in-
terest. The term Beneficiary shall include any future ownerand
holder, including pledgees, of the note secured hereby. In this
ccludes the feminine and/or xneutert so e and the tsingular numbehe masculine rdincludes
the plural.
[7] Trustee accepts this Trust when this Deed, duly executed
and acknowledged, is made a public record as provided by law.
Trustee is not obligated to notify nay party hereto of pending sale
under any other Deed of Trust or of any action or proceeding is
which Truster, Beneficiary or Trustee shall be a party unless brought
by Trustee.
[81 The Trusts created hereby are irrevocable by Truster.
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