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HomeMy WebLinkAbout2005 CON CDC (DEED) Pacific View Estates - Deed of TrustNO CIIARGE ON THIS DOCUMENT FOR THE BENEFIT ()F A STATE AGENCY FORMED BY THE CITY OF NATIONAL CITY Recording Requested By: Community Development Commission of the City of National City 140 E. 12th Street, Suite "B" National City, CA 91950 And When Recorded Mail To: Community Development Commission of the City of National City 140 E. 12th Street, Suite "B" National City, CA 91950 a b 6"2-(0—(.4 ,!( 1 I 1 lilt, ii i jjj i j hit ' li: �li Ili' �ll�� 1�1 iII' Il�i''lil! 111 111' a ll I�I i��i )ECT, 29 2005 4:5') PM 2005-1117857 DEED OF TRUST THIS DEED OF TRUST is made this ] day of e.- f. t( , 2005, between Pacific View Estates, LLC, a California limited liability company, whose address is 640 National City Boulevard, Suite 6, National City, CA 92950, ("Trustor"), Chicago Title Company, a California corporation ("Trustee"); and the Community Development Commission of the City of National City ("Beneficiary"), whose address is 140 E. 12th Street. Suite "B" National City, California 91950; TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as: (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (I) Payment of the indebtedness evidenced by that certain Promissory Note of even date herewith executed by Trustor, in the principal sum of Eight Hundred Ten "Thousand and No/I00 Dollars ($810,000.00), and any renewal, extension. or modification of the promissory note (the "Note"); 1 E ,C LIEN I.S•National Citc.National I ,u<ing Fund'.Developer Deed of Trust.FInal.doc 39313 (2) That certain Development and Disposition Agreement and Owner Participation Agreement of even date herew ith executed by Trustor and Beneficiary, and any renewal, amendment, extension, or modification of the Development and Disposition Agreement and Owner Participation Agreement (the "DDA"); (3) Any additional sums and interest that may hereafter be loaned to the then record owner of the Property by Beneficiary. when evidenced by another note or notes reciting that it or they are so secured; and (4) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT TIIE SECURITY OF THIS DF,ED OF TRUST, TRUSTOR AGREES: Maintenance and Repair (l) To keep the Property in good condition and repair; to pay when due all claims for labor performed and materials furnished for the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made on the Property: not to commit or permit waste of the Property; not to commit, suffer. or permit any act upon the Property in violation of law; and to cultivate, maintain the landscaping. and do all other acts that from the character or use of the Property may be reasonably necessary. Fire Insurance (2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary as its interest may appear. The amount collected under any tire or other insurance policy may be applied by Beneficiary upon any indebtedness secured by this Deed of Trust and in any order determined by Beneficiary, or at the option of Beneficiary the entire amount so collected or any part of that amount may he released to Trustor, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds. Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of "Trust for the disposition of proceeds of fire or other insurance. This application or release shall not cure or waive any default or notice ofdefault under this Deed of Trust or invalidate any act done pursuant to such a notice. Defense of Security (3) To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary, or 'Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or E CLIFNTS,National Crt}',National Housing Fund`d)rvelopet Deed of Trust .Final .doc 39314 proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. Payment of Liens and Taxes (4) To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses of this Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. Reimbursement of Costs (5) To pay immediately and without demand all sums expended by Beneficiary or 'trustee pursuant to this Deed of Trust. with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary. (up to the maximum allowed by law at the time of the demand) for any beneficiary statement requested by Trustor or any other beneficiary of a Deed of Trust encumbering the Property regarding the obligation secured by this Deed of'1'rust. (6) That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. (7) That the Agreement are incorporated herein by reference and made a part of this Deed of Trust. (8) To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. 3 ''CLI ENTS`Nationl City `National I lousing Fund' neveloper need of Trust. Final.doc 39315 B. THE PARTIES AGREE THAT: Condemnation Award (1) Any award of damages in connection with any taking or condemnation, or for injury to the Property by reason of public use, or for damages for private trespass or injury to the Property, is hereby assigned and shall be paid to Beneficiary, as its interest may appear as further security for all obligations secured by this Deed of Trust, except that if the proceeds of the award for any taking or injury to the Property or the amount of such proceeds plus funds provided by Trustor is sufficient to allow for the repair and restoration of the Property and such repair and/or restoration is physically and legally possible, then the Trustor shall use the proceeds of the award to timely effectuate such repair and/or restoration. Upon receipt of such proceeds, Beneficiary may hold the proceeds as further security, or apply or release them in the same manner and with the same effect as provided in this Deed of Trust for the disposition of proceeds of fire or other insurance. Waiver of Late Payments (2) By accepting payment of any sum secured by this Deed of Trust after its due date. Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. Trustee's Powers (3) Upon written request of Beneficiary and presentation of this Deed of Trust, Trustee may (a) reconvey all or any part of the Property; (b) consent to the making and recording, or either, of any map or plat of all or any part of the Property; (c) join in granting any easement on the Property; or (d) join in or consent to any extension agreement or any agreement subordinating the lien, encumbrance, or charge of this Deed of Trust. "Trustee need not provide Trustor with notice before taking any of the foregoing actions, and shall not be liable for the proper performance of the act. The exercise by Trustee of any of the foregoing powers shall not affect the personal liability of any person for payment of the indebtedness secured by this Deed of Trust, or the lien of this Deed of Trust on the remaining property as security for the repayment of the full amount secured by this Deed of l'rust. Partial Reconvcvance (4) Beneficiary agrees to partially release portions of the Property from the lien and charge of this Deed ofTrust on the terms and conditions set forth in Section 5. Beneficiary shall release any Unit (as defined in the DDA) from the lien and charge of this Deed of Trust, at such time as each of the following requirements has been satisfied: (a) Trustor pays to Beneficiary the amount due upon the sale of such Unit, pursuant to Section 2 of the Note; and 4 l:.'.CLIEN S',National City.Natnral Housing Fund,Developer Deed of I rust Final doc 39316 (b) Each of the Units to be released is shown as a separate legal lot on a final subdivision map filed with the County Recorder of San Diego County. Full Reconveyance (5) Upon written request of Beneficiary stating that all obligations secured by this Deed of l'rust have been performed in full, surrender of this Deed of Trust, any notes secured by this Deed ofTrust to the Trustee for cancellation and retention. and payment of Trustee's fees and charges, Trustee shall reconvcy, without warranty, the Property then subject to this Deed of Trust. Absent manifest error, the recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of the full reconveyance, Trustee may destroy' the Note and this Deed of Trust, unless directed in the request to retain them. Assignment of Rents (6) As additional security, Trustor hereby gives to and confers upon Beneficiary the right. power, and authority during the continuance of these Trusts, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. Default in Foreclosure (7) Upon default by Trustor in the payment of any indebtedness secured by this Deed ofTrust or in the performance of any obligation under this Deed of Trust for which cure has not been commenced within thirty (30) days and thereafter completed with diligence, Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. Beneficiary also shall deposit with Trustee this Deed of Trust, a copy of the Agreement, and all other documents evidencing obligations secured by this Deed of Trust. 5 F'CLIENTS`National City'National [lousing Fund\Developer Deed oil rusLFinal.doc 39317 After the required time period has lapsed following the recordation of the notice of default and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. 'Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. Absent manifest error, the recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: al] sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. Further Encumbrances (8) Should the undersigned agree to or actually sell. convey, transfer, or dispose of, or further encumber the Property, or any part of it, or any interest in it (each, a "Transfer"), without first obtaining the written consent of the Beneficiary, then all obligations secured by the Deed of Trust may be declared due and payable, at the option of the Beneficiary, unless such 'Transfer is permitted under Section 603 of the DDA. Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. General Provisions (9) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the Community Development Commission of the City of National City, and the heirs, legatees, devisees, administrators, executors, and assigns of any such person. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. Acceptance by Trustee (10) 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 to this Deed of Trust of pending sale under any other deed of trust or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee. 6 E'.CLIhNI-S .National Citv:Natienal Ilousing rt:nd,Dcvcloper Dccd of Trust Final doe 39318 Substitution of Trustees (11) Beneficiary, or any successor in ownership of any indebtedness secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title. estate, rights, powers, and duties. Cumulative Powers and Remedies (12) The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. Conclusiveness of Recitals (13) The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors. and assigns, and all other persons. Attorneys' Fees (14) If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. Co -trustees (15) If two or more persons are designated as Trustees in this Deed of Trust, any, or all, power granted in this Deed of Trust to Trustee may be exercised by any of those persons, if the other person or persons are unable, for any reason, to act. Any recital of this inability in any instrument executed by any of those persons shall be conclusive against Trustor and Trustor's heirs and assigns. 7 t".CIIFNTS',Kational City `,National Housing Fund' Developer Deed of Trust Final doc 39319 Request for Notices of Default and Sale (16) In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: Community Development Commission of the City of National City 140 E. 12th Street Suite "B" National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. The undersigned Trustor requests that a copy of any notice of default and of any notice of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth above. (17) Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, with at least 24 hours advance notice. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. (18) For purposes of this Deed of Trust, "Hazardous Materials" mean and include any hazardous, toxic or dangerous waste, substance or material including, without limitation, flammable explosives, radioactive materials, asbestos, hazardous wastes, toxic substances and any materials or substances defined as hazardous materials, hazardous substances or toxic substances in (or for purposes of) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CFRCLA"), as amended (42 U.S.C. §9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 1801, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. §6901, et seq.), and those substances defined as hazardous wastes in §25117 of the California Health and Safety Code or as hazardous substances in §25316 of the California I lealth and Safety Code or in any regulations promulgated under either such law, any so-called "Superfund" or "Superlicn" law, or any other federal, state or local statute, law. ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. (19) In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on. under or at the Property or any part thereof, and neither the Property nor any part thereof, or 8 E',CLIENTSNational Chv'Nat;ona! Housing Fund'•Devcloper need of Trust Final.doc 39320 any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims ofany and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors or agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule. regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor. Notwithstanding the foregoing, Trustor's obligations under this section shall not apply to any losses, liabilities. damages, injuries, costs, expenses, or claims which arise out of or relate to Hazardous Materials which (1) were present, generated, released, or stored on the Property on or before the date that Trustor acquired title to the Property or (2) are generated, released or stored on the Property after the date that Beneficiary takes possession thereof (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup ofany Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges. noise emissions or any other environmental. health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including. without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed ofTrust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt ofany notice from any person or entity, including without limitation, the EPA, asserting the existence of any I lazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable under the note secured hereby. 9 F. •.C1.IENTS',National City`.Nauonal I lousing l'und, evcleper teed cf l rusIFinal due 39321 (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations, covenants. indemnities and warranties shall survive such release. (20) Each successor owner of an interest in the Property other than through foreclosure or deed in lieu of foreclosure, shall take its interest subject to this Deed of Trust. (21) This Deed of Trust shall be governed by and construed in accordance with the laws of the State of California. TRUSTOR: Pacific View Estates, LLC, a California limited liability compan By: Print Name: Its: /. 1 By: Print Nam Its: ,S R • yr - c 10 I:'.CIIGNTS',National Citv'.Natienal (lousing Fund,Developer Deed of Trust Final doe 39322 ACKNOWLEDGMENT State of California ) County of San Diego ) On. ' i ,i/ .7 ( 'ry. is)2jl ' i rsonally known to me (or proved to me cl(iI the basis of satisfactory evidence) to he the person(s) whose name(s) is/are subscribed to the within instrument "DEED OF TRUST" 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 on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of San Diego J. L. WONDRASH COMM. #1527556 n NOTARY PUBUC•CAUFORNIA vl• SAN DIEGO COUNTY My Commission Expires NOVEMBER 18, 2008 On , 2005. before me, personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument "DEED OF TRUST" 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 on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 12 E.'.CLIEN IS'.Nauonal Cny`National (lousing Fund,Developer Deed of llusLFinal doe 39323 Exhibit "A" Legal Description I [:`.CUIiNTS`.National Ciq^Nauonal Ilousing Fund.DeveIoper Deed of Trust Final doc EXHIBIT A 39324 THAT PORTION OF LOT 70 OF A PORTION OF THE RANCHO EX -MISSION OF SAN DIEGO (COMMONLY KNOWN AS HORTON'S PURCHASE), IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 9, 1878, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 70; THENCE NORTH ALONG THE EAST LINE OF SAID LOT A DISTANCE OF 1.57 CHAINS; THENCE WEST 20 CHAINS TO A POINT ON THE WEST BOUNDARY LINE OF SAID LOT 70; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 71° EAST TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 70, DISTANT THEREON SOUTH 71° 28' WEST 1033.63 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT, SAID POINT OF BEGINNING BEING THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF LAND CONVEYED TO GIOVANNI NONZETTA AND WIFE BY DEED RECORDED OCTOBER 7, 1941 AS DOCUMENT NO. 62069 IN BOOK 1252, PAGE 185 OF OFFICIAL RECORDS; THENCE NORTH ALONG SAID SOUTHERLY PROLONGATION AND SAID WESTERLY LINE OF SAID LAND, 31.64 FEET TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO GIOVANNI NONZETTA AND WIFE BY DEED RECORDED AUGUST 18, 1942 AS DOCUMENT NO. 49173 IN BOOK 1378, PAGE 445 OF OFFICIAL RECORDS; THENCE NORTH 18° 32' WEST ALONG THE WESTERLY LINE OF SAID LAST MENTIONED NONZETTA'S LAND A DISTANCE OF 422.45 FEET TO THE MOST WESTERLY CORNER THEREOF. ALSO EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 70, DISTANT THEREON SOUTH 71° 28' WEST 1033.63 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT, BEING A POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF LAND CONVEYED TO GIOVANNI NONZETTA AND WIFE BY DEED RECORDED OCTOBER 7, 1941 AS DOCUMENT NO. 62069 IN BOOK 1252, PAGE 185 OF OFFICIAL RECORDS; THENCE SOUTH 71° 28' WEST ALONG SAID SOUTHERLY LINE OF SAID LOT A DISTANCE OF 240.16 FEET TO THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN PARCEL 2 OF DEED TO DANTE SELVAGGI RECORDED NOVEMBER 27, 1951 AS DOCUMENT NO. 143561 IN BOOK 4302, PAGE 164 OF OFFICIAL RECORDS; THENCE NORTH 11° 31' WEST ALONG THE WESTERLY LINE OF SAID SELVAGGI'S LAND, A DISTANCE OF 161.21 FEET TO THE MOST WESTERLY CORNER THEREOF; THENCE NORTH 71° 28' EAST ALONG THE NORTHWESTERLY LINE OF SAID SELVAGGI'S LAND AND THE NORTHEASTERLY PROLONGATION THEREOF A DISTANCE OF 230.53 FEET TO THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN PARCEL 1 OF SAID DEED TO DANTE SELVAGGI BEING A POINT IN THE WESTERLY LINE OF LAND CONVEYED TO GIOVANNI NONZETTA ET UX BY DEED RECORDED AUGUST 18, 1942 AS DOCUMENT NO. 49173 IN BOOK 1378, PAGE 445 OF OFFICIAL RECORDS; THENCE SOUTH 18° 32' EAST ALONG SAID WESTERLY LINE, 130.00 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE FIRST ABOVE MENTIONED LAND CONVEYED TO NONZETTA; THENCE SOUTH ALONG SAID WEST LINE AND THE SOUTHERLY PROLONGATION THEREOF, A DISTANCE OF 31.64 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 70 GRANTED TO THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION FOR STREET PURPOSES RECORDED MAY 12, 1972 AS FILE NO. 119495 AND NOVEMBER 15, 1979 AS FILE NO. 79-481893 BOTH OF OFFICIAL RECORDS. (APN: 551-590-17)