HomeMy WebLinkAboutCC RESO 10,908RESOLUTION NO. 10,.9.08.
RESOLUTION DIRECTING EXECUTION OF
filliMAGININOR RECONVEYANCE
(George H. Webster)
WHEREAS, the obligor on a promissory note and
Deed of Trust in favor of the City of National City recorded
as Document No. 191678has paid said note in full and is
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
GEORGE H. WEBSTER and the City of National City.
PASSED AND ADOPTED this 12.th day of December, 1972.
ATTEST:
RECORDING REQUESTED FY
a!Luuuk, of America
NATIONAL TRUST AND SAVI,9NS ASSOCIATION.
r
FILE/PAGE NO. --
RECORDED REQUEST OF
LAND TITLE INSURANCE CO.
Branch
WHEN RECORDED MAIL TO
The City of National City
Attn: Mr. Osborne
National City, California
DEC 6 9:00 AMt67
SERIES 6 BOOK 1967
OFFICIAL RECORDS
SANIF.
DS.G RAY.raRECORDER
$2_00
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.
��k'� �r�i�.t��, made this_
1st day of September , 19 67
Li�ta j]�
Between GT.0IG H• ',J✓R.ST .
a.R
of 2601 National Avenue in the City of National City
(Street and Number)
County of San D Teo , State of California
herein called TRUSTOR, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking
association, herein called TRUSTEE, and THE CITY OF NATIONAL CITY, a municipal corporation.,
, herein called BENEFICIARY,
Witfir.5,wtlt: That Trustor irrevocably GFCANTSS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH
Sal IJ
POWER OF SALE, that property in lego
County, California, described as:
The East Half of the West Half of 10 Acre Lot 3, Quarter Section
152 of the Rancho de la Nacion, City of National City, County of San
Diego, State of California, according to the Map thereof No. 166 by
Morrill, filed in the office of the Recorder of said San Diego County,
May 11, 1369, excepting therefrom the Northerly 30 feet; also excepting
therefrom the Southerly 30 feet; and also excepting therefrom the ,..Jest-
erly 30 feet.
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.
gar thr purport. of "Frriarlttl (1) payment of the indebtedness evidenced by one promissory note of even date here-
with in the principal sum of $ U1, 740 • C0 payable to Beneficiary or order, and (2) the performance of each agreement
of Trustor adopted and included by reference or contained herein.
BBO tip rxrruftnit FiltD ?rllltrr1 of 3ttt3 3rril of Lr1t5I 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 586 and in the official records in the office of the County Recorder of Shasta County on
April 18, 1950, in book 327 at page I, 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 Chu 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 Plgmas 31 94 Solano 527 21
Calaveras 60 309 Los Angeles 32874 331 Riverside 1164 336 Sonoma 953 386
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 said provisions so adopted and included herein by reference is set forth on the reverse hereof.
The undersigned Trustor requests that a copy of any notice of default and, of any notice of sale hereunder be mailed to him at his
address given above.
// Signature
Lof Trusto ��
Geoige H.ybster
STATE OF CALIFORNIA }SS.
County of San Die o ))
9t1, lrq 1r. Nov:+�:,1.g6Z the' undersigned
On this day of _, before me,
a Notary Public in and for said County, personally anpcarcd_i.�-Co Ma_ Webster
Ty -
known to me to he the person(s) whose name(s)_ i5
executed the same.
WITNESS my hand and official seal.
WU.f A (" rant!
My COfl mi_ :1
Crq within inst m lid -acknowledged that__I1C—_
7. i
Notary Public in and for said County and State.
Iiry'Csnthussinn expires 19
;(If, executed by t corporation the corporation funs of acknowledg-
Inlont must he used)
To obtain either a Partial Reconveyanee or a Srierciatjon AEreeMent. this Deed of Trust, together with the note secured
hereby, must he presented to the Trustee for endorsement, accompanied by either a Request for Partial Reconveyance or a Sub-
ordination Agreement, as the case may be, and Trustee's fee.
To ohtain a Pull Rconveyance of this Deed of Trust present to the Trustee this request properly executed, the Decd of Trust,
the original note secured by said Deed of Trust and any other evidence of indebtedness secured thereby, together with reconveyance
fee.
REQUEST FOR FULL RECONVEYANCE
To BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Trustee. Dated:
The undersigned is the legal owner and holder of the note in the amount of $ and all other indebtedness
secured by the foregoing Deed of Trust, which was recorded in Book Page of
Records of County, California
You are hereby notified that said note and all other sums and indebtedness secured by said Deed of Trust have been fully
paid and satisfied; and you are hereby requested and directed upon surrender to you of said note, Deed of Trust, and evidence of any
other indebtedness secured thereby, for cancellation and retention, and upon payment to you of any sums-.,obnng to you under:
the terms of said Deed of Trust, to reconvey, without warranty to "the person or persons legally entitled.thereto," the estate now
held by you thereunder. CITY UI'/N? NAL CITY ` =A
Mail reconveyance to this address: /
C`I /r
Signed: '�rv{ , r Mayor
Received reconveyance: _!�s��I�y Clerk• e.;
•c3
DO NOT RECORD
The following is a copy of 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 as set forth on the reverse hereof:
A. Ln 41rnfrtt Thr wruri1J Df thin Jrrlh of l runt, C;rutfnr ugrrrn:
I. To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and
� workmanlike manner anv building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor;
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Oto comply with all laws affecting said property or requiring any alterations or improvements to he made thereon; not to commit or permit waste thereof; not to commit, surer
or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property
CA may be reasonably necessary, the specific enumerations herein not excluding the general.
1.-4 2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with lose payable to Beneficiary. The amount collected under any fire or
other insurance policy may he applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary
the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default here,
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under or invalidate any act done pursuant to such notice.
3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs
Psi • and expenses. including cost of evidence of title and attorney's tees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear.
4. To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when
due, all incumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs tees and expenses of this Trust.
W Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice
iv) to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary
:L4 to protect the sec...:.y hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to
Xaffect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of
either appears robe pope or superior hereto; and, in exerci.mg any such powers, pay necessary expenses, employ counsel and pay his reasonable lees.
eF't 5. To pay immediately and without demand all sums w expended by Beneficiary or Trustee, with interest from date of expenditure at seven per cent per annum.
rat
O TB. Jf hi ntufititllq iigrrrh that:
Z1. 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 and shall be paid
Q� to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other
W insurance.
2. By accepting payment ofany sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all
U other sums so secured or to declare default for failure so to pay.
3. At any time or from time to time, without liability therefor and without nonce, upon written request of Beneficiary and presentation of this Deed
c4and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey all
or any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join is any extension agreement or any
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agreement subordinating the lien or charge hereof.
4. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for
E•„ cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any
matters or facts shall be conclusive proof of the truthfulness thereof. Tne grantee in such reconveyance may be described as "the person or persons legally anti:led thereto."
5. As additional securay, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to
O collect the rents, issues add profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in
performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at
any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness
fro hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including
• those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys fees, upon any indebtedness secured hereby,
lid and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application
/ thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
6. Upon default by Trustor in payment of anv indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums
▪ secured hereby immediraely 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
V) 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
evidencing expenditures secured hereby.
EN After 'the lapse of such time as may then he required by law following the recordation of said notice of default, and notice of sale having been given as then
0 required by law, Trustee, withqut demand on Trustor, shall sell said nroperty 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
Zbe 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 Bale of all or any
portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time
O fixed by the preceding postponement. Trustee shall deliver to such purchaser ita deed conveying the property so sold, but without any covenant or warranty, express or implied.
The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trusmr, Trustee, or Beneficiary as hereinafter defined,
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may purchase at such sale.
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
6 apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at seven per cent per annum; all other
suns then secured hereby; and the remainder if any, to the person or persons legally entitled thereto.
yy 7. Trustor, or if said property shall have been transferred, the then record owner, together with Beneficiary, may from time to time, by instrument in writing
F-e 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
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s� the re:order of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall,
without conveyance from the Trustee predecessor, succeed to al! its tide, estate, rights, powers and duties. Said instrument must contain the name of the original Tnustor, Trustee
a/ and Bse£eiary hereunder, the book and page where this 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 be exercised until after the costs, fees and expenses of the then acting Trustee shall have been paid to such Trustee, who shall endorse receipt
Q 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.
3. This Deed applies to. murex to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and
assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In :hie Deed,
whenever the context so requires, masculine gender includes the feminine and:or neuter, and the singular number includes the plural.
9. 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 any party hereto of pending sale under any other Deed of Trust or of any action or proceeding is which Trustor, Beneficiary or Trustee shall be a
party unless brought by Trustee.
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