HomeMy WebLinkAbout2012 CON (DEED OF TRUST) Armando and Saavedra - 1820 "G" AveRecording Requested by:
First American Title
Subdivision Sale -Out
NO CHARGE ON THIS DOCUMENT
FOR THE BENEFIT OF
THE CITY OF NATIONAL CITY
Recor m y
And When Recorded Mail To:
Community Development Commission of the
City of National City
1243 National City Boulevard
National City, CA 91950
D O C tt 2012-0047230
II 11111M1111111
JAN 27, 2012 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
A
6 02
DA: 1
PAGES 9
IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
This document is exempt from the payment of a recording fee pursuant to Government Code Section
6103.
DEED OF TRUST
(1820 G Avenue)
THIS DEED OF TRUST is made this 9th day of December, 2011, among Armando Rafael
Saavedra and Maria Saavedra, Husband and Wife as Joint Tenants ("Trustor"), the Community
Development Commission of the City ofNational City ("Trustee"), and the Community Development
Commission of the City of National City ("Beneficiary"), whose address is 1243 National City
Boulevard, 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:
(a) Payment of the indebtedness evidenced by that certain Promissory Note Secured by Deed of
Trust, of even date herewith executed by Trustor, in the principal sum of One Hundred Four
Thousand Three Hundred Seventy Five and No/1 00 Dollars ($104,375.00), and any renewal,
extension, or modification of the promissory note (the "Note");
(b) 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;
(c) That certain Affordable Housing Resale Restrictions, Option to Designate Eligible Purchasers
and Option to Purchase Upon Default ("Resale Restriction"); and
(d) The performance of each agreement contained in this Deed of Trust.
1
N:\Shayna\National City-G\2011 Closings\Saavedra\City Deed of TrusLdoc
A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
1. Maintenance and Repair. 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.
2. Fire Insurance. 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 fire
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 be 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 of default under this Deed of
Trust or invalidate any act done pursuant to such a notice.
3. Defense of Security. 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 proceeding in which Beneficiary or Trustee may appear, and in any suit brought by
Beneficiary to foreclose this Deed of Trust.
4. Payment of Liens and Taxes. 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.
6O3
2
N:\Shayna\National City-G\2011 Closings \ Saavedra \City Deed of Trust.doc
5. Reimbursement of Costs. 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 Trust.
6. Use. That Trustor 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. Incorporation of Note and Resale Restriction. That the Note and Resale Restriction are
incorporated herein by reference and made a part of this Deed of Trust.
8. Performance of Other Obligations. 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.
B. THE PARTIES AGREE THAT:
9. Waiver of Late Payments. 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.
10. Trustee's Powers. 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 Trust.
11. Assignment of Rents. 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, 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
604
3
N:\Shayna\National City-G\2011 Closings\Saavedra\City Deed of Trust.doc
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.
12. Default and Foreclosure. Upon default by Trustor in the payment of any indebtedness
secured by this Deed of Trust or in the performance of any obligation under this Deed of Trust, the
Resale Restriction and/or the Note, 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. 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: all
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.
13. Further Encumbrances. Should the undersigned agree to or actually sell, convey, Transfer (as
defined in the Resale Restriction), dispose of, or further encumber the Property, or any part of it,
without first obtaining the written consent of the Beneficiary, then all obligations secured by this
Deed of Trust may be declared due and payable, at the option of the Beneficiary. Consent to one
transaction of this type will not constitute a waiver of the right to acquire consent to future or
successive transactions.
14. General Provisions. This Deed of Trust applies to, inures to the benefit ofand 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.
605
4
N:\Shayna\National City-G\2011 Closings\Saavedra\City Deed of Trust.doc
15. Substitution of Trustees. 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. 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.
16. Cumulative Powers and Remedies. 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.
17. Conclusiveness of Recitals. 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.
18. Attorneys' Fees. 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' and experts'
fees; and these sums shall be secured by this Deed of Trust.
19. Inspections. 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.
20. Hazardous Materials Defined. 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 ("CERCLA"), 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 Health and Safety
Code or in any regulations promulgated under either such law, 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, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect.
606
5
N:\Shayna\National City-G12011 Closings\Saavedra\City Deed of Trust doe
21. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to
the general and specific representations, covenants and warranties set forth in this 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
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 of any 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 (i) were present, generated, released, or stored on the Property on or
before the date that Trustor acquired title to the Property or (ii) 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 of any 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 of Trust, 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 of any notice
from any person or entity, including without limitation, the EPA, asserting the existence of any
Hazardous Materials or an Environmental Complaint on or pertaining to the Property which, if true,
607
6
N:\Shayna\National City-G\2011 Closings \ Saavedra \City Deed of Trustdoc
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.
(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.
22 Authority to Sign. All individuals signing this Deed of Trust for a party which is a
corporation, limited liability company, partnership 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
Beneficiary 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:
Print Name: rm_ ok- okQ k
Print Nte: arlp Saattecira
608
7
N:\Shayna\National City-0\2011 Closings \Saavedra \C.ity Deed of Trust.doc
ACKNOWLEDGMENT
State of California )
County of San Diego )
onf) 9, ,201(,beforeme,DP� �C�1Qi� i �C
personally appeared A( nCtrvi o P a'r-Ue ! 5G av'ed. trQ 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.
J.6.11111gNIp111N11NnnRn1111IINIIII1nnlDl 1IIIPAMN1111NINMNMIIN11nM1
COMM. #1845984
Notary Public - California o
San Diego County
WITNESS my hand and official seal.
Signature /. /9G
2>'aa
State of California
County of San Diego
My Comm. Expires May 21' 2013=
ills: �'I InINMMlllllllllllllllllliilllllll. ':'iIX1111N1 MIa$4 IO�r
(Seal)
ACKNOWLEDGMENT
On Dec , G% , 2011 , before me, D,'P
personally appeared D , 5 a 4 j eL rq 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.
1 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
Jllinnnni IYNn11111111111111111111111111111111111111111111ntIN11N11111111111_
D. PAZ
COMM. #1845984
1✓10 Notary Public - California o
San Diego County
•My Comm. Exp='es May 21, 2013-
I11111111111111111111111111111111111111111� +N1111111NI11111NNNNNYfhi
(Seal)
8
N:\Shayna\National City-G\2011 Closings\Saavedra\City Deed ofTrust.doc
Order Number: NHSC-3752074 (10)
Page Number: 8
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of National City, County of San Diego, State of California, described as
follows:
CONDOMINIUM NO. 6, AS SHOWN UPON CONDOMINIUM PLAN FOR G AVENUE CONDOMINIUMS
RECORDED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 15, 2011, AS
DOCUMENT NO. 2011 0416568 ("CONDOMINIUM PLAN"), BEING PORTIONS LOT 1 OF CASE
FILE NO. 2008-20-PD-S, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15779, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MARCH 12, 2010, COMPOSED
OF THE FOLLOWING:
PARCEL 1 (LIVING UNIT):
THE LIVING UNIT WITH THE SAME NUMBER AS THE CONDOMINIUM DESCRIBED ABOVE.
PARCEL 2 (COMMON AREA):
AN APPURTENANT UNDIVIDED FRACTIONAL INTEREST AS TENANT IN COMMON IN AND TO
THE COMMON AREA IN THE PHASE IN WHICH THE LIVING UNIT DESCRIBED IN PARCEL 1
ABOVE IS LOCATED EQUAL TO THE RECIPROCAL OF THE NUMBER OF LIVING UNITS WITHIN
THAT PHASE; THE COMMON AREA IS SHOWN AND DESCRIBED ON THE CONDOMINIUM PLAN.
PARCEL 3 (EASEMENT OVER ASSOCIATION PROPERTY):
NON-EXCLUSIVE APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY NOW
OR HEREAFTER OWNED BY G AVENUE CONDOMINIUMS OWNERS ASSOCIATION, A CALIFORNIA
NONPROFIT MUTUAL BENEFIT CORPORATION ("ASSOCIATION"). "ASSOCIATION PROPERTY" IS
DEFINED IN THE CONDOMINIUM PLAN AND IN THE DECLARATION OF RESTRICTIONS FOR G
AVENUE CONDOMINIUMS RECORDED AUGUST 15, 2011 AS DOCUMENT NO. 2011-0416569, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA
("DECLARATION").
PARCEL 4 (EXCLUSIVE USE AREA - PATIO AND LANDING):
THE EXCLUSIVE RIGHT TO USE ANY EXCLUSIVE USE AREA SHOWN ON THE CONDOMINIUM
PLAN AS BEING APPURTENANT TO THE LIVING UNIT DESCRIBED IN PARCEL 1 ABOVE.
PARCEL 5 (EXCLUSIVE USE AREA - PARKING SPACE):
THE EXCLUSIVE RIGHT TO USE THE PARKING SPACE SHOWN ON EXHIBIT "B" TO THE
DECLARATION AS BEING ASSIGNED AND APPURTENANT TO THE LIVING UNIT DESCRIBED IN
PARCEL 1 ABOVE.
61 Q
First American Title