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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 N PAYMENTS LA DON LMITED, INIMSTMENTSI A Partnership TO WHOM PAID IBALANCE OF PRIN. UNPAID !PRINCIPAL INTEREST , AMOUNT (PAID To I it y � r. -rl ro Ot O U is O H St g.0 H O -I-I roXX >4 O v N-H •ri r-i >~ 0 ..t • ro' 1-4 n a,- - y w >, a. v. . C+�- ,P. ' ▪ U 'U l C c, H w t'--tn 4-1 V J 'O U • • . p '' •^� r ;• �0'1C. - U 'r' !'°' ou '0- . a cX o 0 .n a -.-e a''o=711 •,��� 4 ' Y 7 w W ~n `a U i.-C'. L J S C G" o . c U C 1> C ti C..) ... G.,,= C.r 4 'n 7,1 '4, ti E , C. J yyZ �n �11\_ J Y. --7! O v 1: 0-- -.2 1 ' 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) V V 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 -ll✓l.11llJ.lJl✓✓yI✓l✓- JJ✓�'llll../yy! [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. (�C) tl E�) ( i 0l ✓✓./✓✓✓.✓l✓.Y.11✓ll✓l.✓✓I./✓l✓1✓l✓./l✓J./Yl✓Y✓✓YY' I✓✓fl./✓l! Il