HomeMy WebLinkAboutAttachment No. 2 Amendment to Deed of TrustAttachment No. 2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Community Development Commission -
Housing Authority of the City of National City
140 East 12th Street, Suite B
National City, CA 91950
Attn: Executive Director
Free Recording Requested per Government Code Sec. 6103
AMENDMENT TO DEED OF TRUST
(Plaza Manor)
THIS AMENDMENT TO DEED OF TRUST ("Amendment") is dated as of the 18th day
of December, 2013, by Summercrest Apartments, L.P., a Delaware limited
partnership,("Trustor"), whose address is , and First American Title
Company ("Trustee") and the Community Development Commission of the City of National City
acting in its capacity as the Housing Authority of the City of National City ("Beneficiary"), whose
address is 140 East 12th Street, Suite B, National City, California 91950.
RECITALS
A. Trustor's successor -in -interest, Plaza Manor Preservation, L.P., made that certain
Project Deed of Trust, dated December 21, 2001, and recorded in the Office of the Recorder of
San Diego County on June 19, 2002, as Instrument No. 2002-0518423 ("Deed of Trust").
Concurrently with the recordation of this Amendment, the Trustor is acquiring the "Property," as
defined in the Deed of Trust, and is assuming the Deed of Trust.
B. Concurrently with the recordation of this Amendment, the Trustor is repaying, in -
full the "Note," as defined in the Deed of Trust. The Trustor and Beneficiary desire to amend the
Deed of Trust, as set forth herein. In the event of any conflict between the Deed of Trust and this
Amendment, the terms of this Amendment shall control.
NOW, THEREFORE, in furtherance of the recitals stated above and the mutual covenants
set forth below, Trustor and the Beneficiary hereby amend the Deed of Trust, and agree, promise
and declare as follows:
1. Deletion of Paragraphs (1)-(4) on Pages 1 and 2. Under the heading "For the Purpose of
Securing" on Page 1 and continuing onto Page 2 of the Deed of Trust: (i) the paragraphs numbered
(1), (2), (3) and (4) are hereby deleted in their entireties; and (ii) paragraph (5) (on Page 2 of the
Deed of Trust) is renumbered as (1). Therefore, following the heading "For the Purpose of
Securing," there shall be only one paragraph, which shall provide as follows:
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Attachment No. 2
(1) The performance of each agreement and covenant of Trustor under that
certain Declaration of Covenants, Conditions and Restrictions ("Restrictions" or
"Declaration," the terms being synonymous) of even date herewith and recorded
concurrently herewith affecting the Property.
2. Confirmation of Obligations. Except to the extent modified by this Amendment, Trustor
hereby confirms each of the covenants, agreements and obligations of Trustor set forth in the Deed
of Trust.
3. General Provisions.
(a) Severability. If any provision of this Amendment is deemed to be invalid or
unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of
this Amendment and the remaining provisions shall continue in full force and effect.
(b) Recitals Incorporated. The Recitals to this Amendment are hereby incorporated
into this Amendment by this reference.
(c) No Affect on Priority. The parties agree that this Amendment is not in any way
intended to, and does not, affect any of the terms, conditions or priority of the Declaration, or any
other document executed in connection with any of the foregoing, nor enforcement of the same,
except as specifically set forth herein.
(d) Counterparts. This Amendment may be executed in any number of counterparts
and, as so executed, the counterparts shall constitute one and the same agreement. The parties
agree that each such counterpart is an original and shall be binding upon all the parties, even though
all of the parties are not signatories to the same counterpart.
(e) Conflicts. In the event of any conflict between the Deed of Trust and this
Amendment, this Amendment shall control.
(f) Capacity and Authority. All individuals signing this Amendment for a party which
is a corporation, partnership, limited liability company or other legal entity, or signing under a
power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant
to the other parties hereto that they have the necessary capacity and authority to act for, sign and
bind the respective entity or principal on whose behalf they are signing.
TRUSTOR:
SUMMERCREST APARTMENTS, L.P., a Delaware limited partnership,
By:AOF Summercrest LLC, a Delaware limited liability company,
Its: Managing General Partner
By:AOF/Pacific Affordable Housing Corp.,
a California nonprofit public benefit corporation
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Attachment No. 2
Its: Sole Member
By:
Name:
Title:
By: Summercrest Apartments Co -General Partner, LLC
a Delaware limited liability company
Its: Co -General Partner
By:BLF Holdings, LLC, a Washington limited liability company
Its: Sole Member
By: The Brian L. Fitterer Revocable Trust, a California Trust
Its: Sole Member
By:
Name:
Title:
BENEFICIARY:
Community Development Commission of the City of National City acting in its capacity as the
Housing Authority of the City of National City
By:
Brad Raulston, Executive Director
Approved as to Form:
By:
Claudia Gacitua Silva
General Counsel
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Attachment No. 2
ACKNOWLEDGMENT
State of California
County of
On , 2013, before me, , notary public,
personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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Attachment No. 2
ACKNOWLEDGMENT
State of California
County of
On , 2013, before me, , notary public,
personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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Attachment No. 2
State of California
County of
ACKNOWLEDGMENT
)
)
)
On , 2013, before me, , notary
public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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