HomeMy WebLinkAboutContracts & Agreements_48-2002_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/07/2002
m LARRY WALKER 9:51 AM
r, -.�. Mtn
$0, Auditor/Controller — Recorder
a;
R Regular Dail
Recording requested
and when recorded return to: Doc#: 2002-0290531 Titles; 1 Pages: 7
Fees 0.00
City Clerk Taxes 0.00
City of Redlands Other 0.00
PO Box 3005 Patoe.00
Redlands, CA 92373
LOAN AGREEMENT
AND SUBSTITUTION OF NOTE AND DEED OF TRUST
THIS LOAN AGREEMENT AND SUBSTITUTION OF NOTE AND DEED OF TRUST (this
"Agreement") is made as of the 16th day of April, 2002 by and between the City of Redlands, a municipal
corporation, hereinafter referred to as "City" and Jose Herrera, an individual, hereinafter referred to as
"Borrower."
RECITALS
WHEREAS, City made a loan to Manly R. Hyde which was evidenced by a Note in favor of City dated
September 1, 1994, in the original principal amount of$211,500. The Note was secured by a Deed of Trust
of even date therewith,to Inland Brookside Services, Inc., as Trustee, for the benefit of City,as beneficiary,
and encumbered certain real property located in said county as described in Exhibit"A'hereto(the"Property");
and
WHEREAS, Jose Herrera purchased the Property from Manly R. Hyde and requested City accept
a new Note and Deed of Trust evidencing a loan from City to Jose Herrera; and
WHEREAS, City agreed to provide a loan to Jose Herrera(the"Loan")for the Property,conditioned
upon execution of a new Note and Deed of Trust("Deed of Trust")for the Property in connection with the Loan
and Borrower's compliance with other conditions; and
WHEREAS, Borrower has requested an extension of time from City to pay the Loan, and has
requested City substitute a new Note and Deed of Trust for the Property in the principal amount of
$173,936.73;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the City of Redlands
and Jose Herrera hereby agree as follows:
I.'`ca dji7i'Agreenlents iO8d Herrera,wpd 1
-
.
,
^
AGREEMENT
1Obligations of Borrower. Borrower hereby agrees toobserve and perform each and every
term, covenant and condition required to be observed or performed under the loan documents and promises
topay toCity the amounts due under the terms of the Note and all other sums now and hereafter due and
owing under the loan documents.
2. The parties hereto agree that Borrower shall execute
'the Note and Deed ofTrust amshown inthe form ofNote and Deed ofTrust attached hereto asExhibit^B^
and incorporated herein by this reference.
3. Term. This Agreement shall remain in full force and effect anlong as any amounts or
obligations are owing under the loan documents orthis Agreement.
4. Costs and Expenses. Anyand all ooeio arising out of or as a result of this Agroement,
including all costs of City, fmmo charged by City's in house or outside legal counsel in connection herewith
costs of recordation,title insurance endorsements shall be paid by Borrower, upon recordation hereof and in
nuevent shall any costs bmborne byCity.
5. Counterclaims. Borrower hereby agrees and acknowledges that there are no daimo,
defenses (legal or equitable) counterclaims, set-offs and/or any other rights or remedies whatsoever which
he now or hereafter may have, claim or assert against City,which would, in the absence of this Agreement,
inany way alter, reduce orextinguish his liabilities toCity under and pursuant tothe loan documents.
Borrower hereby authorizes City,without notice or demand and without affecting his liability hereunder,
from time-to-time to exchange, enforce, waive and release any security held by City for the payment of the
obligations under the loan documents, apply such security and direct the order or manner of sale thereof as
City inits sole discretion may determine, and assign,without notice,this Agreement inwhole orinpart and/or
City's rights hereunder toanyone atany time. This Agreement isnot assignable. Borrower hereby agrees
that City may do any or all of the foregoing in such manner, upon such terms and at such times as City, in
its discretion, deems advisable, without. in any way or reopmct, irnpairing, effeuting, reducing or releasing
Borrower from his respective obligations under the Note, the Deed of Trust or this Agreement.
Borrower hereby waives and agrees not to assert against City or each other any rights which a
guarantor orsurety could exercise.
7. Counterparts, This Agreement may beexecuted inany number ofcounterparts and each
/:',ca\@mymnecmc tsunxwaurmm.wvu 2
^ ^
�
of the such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall
together constitute but one and the same instrument.
8, Governing Law. The terms and provisions of this Agreement shall be construed in
accordance with and governed bythe laws ofthe State ofCalifornia.
0. Definitions. The terms of this Agreement shall be defined,and shall have the same meaning
onset forth inthe Deed o/Trust.
10. Successors and Assigns. This Agreement shall bebinding upon and inure tuthe benefit uf
the parties hereto,their heirs, successors and assigns.
11. /nthe event any action incommenced toenforce orinterpret the terms nr
conditions of this Agreement or the Loan documents the prevailing party in such action shall,in addition to any
costs and other relief, be entitled to the recovery of its reasonable attorneys'fees.
CITY OF REDLANDS BORROWER:
By-77
Mayor J4eHmrrera
ATTEST:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on April 16,
2002, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer
I Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal,
\011111
.Wof
0 ALORRIE POYZER, CITY CLERK
ORA
By:
' 1888
Beatrice Sanchez, Deputy City Cler
IFOO (909)798-7531
"If"111111111%,
— — — — — — — — — — — — — — —
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneselUthemselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, California
— — — — — — — — — — — — — — —
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Loan Agreement and Substitution of note and Deed of Trust
Date of Document: April 16, 2002
Signer(s) Other Than Named Above: Jose Herrera
Z�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of �iyi �rlA t (I —
Qn before me,
` t( ( .
Date Name and Titie of Officer(e.g-,"Jane Doe,Notary Public",
personally appeared t t
Names)of Sigrrerla)
L.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
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,
UNZA
executed the instrument.
UNZA=
WITNESS my hand and official seal.
3M Swrmrdhol
COWtv
Wcorrmapka
AA A
Sign ure of Notary Public
1
OPTIONAL
Though Though the information below is not re.ruired by law, it may prove valuable to persons retying on the document and could prevent I
fraudulen removal and reattachment of this form to another document.
E
Description of Attached Document
Title or Type of Document; } 0 1lJbte
Document Date: Number of Pages:
,
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
i
Signer's Name: Signer's Name:
Individual
Individual
Corporate Officer Corporate Officer Al
Title(s)_ Title(s):
' Partner Limited u Genr,raf Partner—7 Limited I General
Attorney in Fact Attorney-in-Fact
., Trustee Trustee _
�*yGuardian or Conservator Guardian or Conservator
L ._ Other. `Top of!"urn here 1 _r tither. i Top of.nwnb er
Signer Is Representing: Signer Is Representing:
<r I f t i
0 1995 National Notary Assoctation•8236 Remtreez Ave.,PC.Box 1184•Canoga park.CA 91,309-7184 prod.No.5907 Reorder Call To!!-Free 1-800-876-5827
EXHIBIT "A"
The land referred to in this policy is situated in the County of San Bernardino, State of
California, and is described as follows:
"Lots 23, 24 & 25, Berkeley Tract, in the City of Redlands, County of San
Bernardino, State of California, as per map recorded in Book 15, Pages 85
and 86 of Maps, in the Office of the County Recorder of said county.
Except therefrom that portion granted to the City of Redlands by deed
recorded March 12, 1976 in Book 8882, Page 202 official records.
Also excepting the westerly 25 feet of said Lot 23.
Page 1 of 2
- zpp l _ O��'l
- tL c
_ ,-
o
41
-j--
�r W t-+
at, c
-' on LO
n.w o
o Q M,-
�= ______ ___�. m-t
-4 mVI #
t—to
Yy e
I
SZ �
Ln SS
C9
E
1 ! T \ I
1 /
41
Y
�Ot 4'
II:
CITY OF REDLANDS
BALLOON PAYMENT PROMISSORY NOTE
$ 173,936.73 April 16, 2002
PRINCIPAL AMOUNT Redlands, California
THIS NOTE REQUIRES A BALLOON PAYMENT AT MATURITY.
FOR VALUE RECEIVED, JOSE HERRERA, whose address is 746 Citrus Avenue,
Redlands, California 92373 ("Borrower") hereby promises to pay to the order of the CITY OF
REDLANDS,whose address is 35 Cajon Street,Redlands,California,92373("Lender"),at Lender's
address or at such other place as the holder thereof may from time to time designate,the principal
amount of One Hundred Seventy Three Thousand, Nine Hundred Thirty-six Dollars and Seventy-
three Cents ($173,936.73)together with interest as set forth below on the unpaid principal amount
from time to time outstanding from the date hereof,pays any costs of suit and attomeys'fees incurred
by the holder hereof in collecting any amounts due under this Note.
INTEREST
This note shall bear,and Borrower promises to pay,interest(computed on the basis of a three
hundred sixty(360)day year but with interest payment for a partial month based upon a thirty(30)
day month on the unpaid principal amount from time to time outstanding commencing on April 16,
2002 (the "Commencement Date") until this Note is paid in full at the annual rate of eight percent
(8%) amortized over a period of twenty-four(24) months.
INSTALLMENTS OF INTEREST AND PRINCIPAL
The principal amount and accrued interest thereon under this Note shall be due and payable
as follows:
(a) Twenty-four (24) consecutive monthly installments of$1,391.03 commencing on
March 1, 2002 and payable on the first (I st) day of each month thereafter until March 1, 2004.
(b) The outstanding principal balance of the Note and any and all accrued and unpaid
interest thereon shall be due and payable, in full, on March 1, 2004.
l:\CmoTroperty\Note Trolley Bam,w?d
PREPAYMENT
Borrower may prepay all or any portion of this Note without penalty at any time. All
payments on this Note, including but not limited to prepayments, shall be credited first to accrued
and unpaid interest and then to the unpaid principal amount. Except as set forth herein,Borrower,
endorsers, and guarantors of this Note hereby severally waive presentment of payment, demand,
notice of non-payment and protest.
EVENT OF DEFAULT
An "event of default" shall occur if any installment of principal, interest, or both, on the
obligation represented by this Note shall not be paid when and as the same shall become due and
payable, and such default shall have continued for a period of ten (10) days after written notice is
delivered or is mailed to Borrower at the last address of Borrower furnished to the holder of this Note
in writing at the place for payment;provided,however,such notice of default need not be given and
an event of default shall exist without any requirement for notice five(5)days after a failure to make
when due any payment as aforesaid if no such address is furnished.
DUE ON SALE-PROVISION
Should Borrower agree to or actually sell, convey, transfer, or otherwise dispose of the real
property described in-the Deed of Trust securing this Note, or any part of it, or any interest in it,
without first obtaining the written consent of the Lender of this Note, then all obligations secured
by this Note may be declared due and payable, at the option of the Lender. Consent to one
transaction of this type will not constitute a waiver of the right to require consent to future successive
transactions.
REMEDIES
Upon the occurrence of an "event of default" as defined above, the whole of the unpaid
principal amount of this Note and all accrued and unpaid interest shall be immediately due and
payable without further notice to or demand of the Borrower. No remedy herein conferred upon
Lender or any holder of this Note is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder provided in any mortgage, deed of trust or agreement securing or relating to Borrower's
obligations hereunder or are hereafter existing at law or in equity, by statute or otherwise.
I:'Crno4'ropertV-Note Trolley Bam_wpd 2
LATE CHARGE
Borrower acknowledges that in the event any payment of any amount required hereby is not
made when due, the Lender will incur additional costs and expenses. The exact amount of these
additional costs and expenses (which include, but are not limited to, processing and accounting
charges as well as loss of use of money due) is difficult and impractical to assess. Therefore,
Borrower acknowledges that the sum of ten percent (10%) of the amount overdue is, under the
circumstances existing at the time of this Note is made, a reasonable late charge, and Borrower
promises to pay such late charge when due. Said late charge shall become immediately due fifteen
days after due date.
GENERAL
No course of dealing between Borrower and Lender or any holder of this Note or any delay
on the part of Lender or any holder of this Note in exercising any right hereunder shall operate as a
waiver of any right of Lender or any holder of this Note.
This note shall be construed and enforced in accordance with, and governed by,the laws of
the State of California.
Should there be an "event of default" under this Note and should this Note be placed in the
hands of attorneys for collection,Borrower agrees to pay,in addition to the unpaid principal amount
and interest due and payable hereunder,reasonable attorneys'fees,together with all reasonable costs
and expenses of any such action or proceeding, whether or not litigation has commenced.
This note is secured by a DEED OF TRUST to First American Title Insurance Company
dated April 16, 2002.
Executed effective the date first above written.
Date
7
Jos Herrera
l:Ncrno'J`ropert)ANote Trolley Barn.wpd 3
Recorded in Official Records, County of San Bernardino 6/0712002
LARRY WALKER P AM
MP
Escrow No.
Auditor/Controller — Recorder
! �@@io. � P.AN�:RwAR'x'�l
RECORDED a� •
REQUEEST 01F
,�, R Regular Mail
WHEN N Ems OR ED �AI1QT Doc#: 2002—0290530� `�. Titles: 2 Pages: 4
C �eS�� Fees 0.00
* ✓° � f Rcd186gDE Taxes 0.00
Other 0.00
�� �� ��� � --2 .. � PAID `0.00
1 SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED
OF TRUST
(SHORT FORM1
This DEZED OF TRUST, made April 16, 2002 between;
Jose Herrera, a married man as his sole and separate property herein cailed TRUSTOR,
746 Citrus Avenue, Redlands, California 92373
whose address is
(Ni-t mer and Street) (City)" _taTe)
FIRST AMERICAN TITLE INSURANCE COMIIRAN",� a Caffornia corporation, herein called TRUS-F—E, and
City of Redlands
herein called w:ENE: .CIA. ,
r
WIT NESSETH, Thet Trustor rants trustee ,_ , h powere that pr:p v 4 e City ofRedlan s
o � y a San Bernardino -tate of Californiadescribed a
Lots 23, 24 and 25,Berkeley Tract, as per plat recorded in Book 15 of Maps,pages 85
and 86,records of said county.
Excepting therefrom that portion granted to the City of Redlands by Deed recorded March 12, 1976,in Book
8882,page 202,Official Records.
Also excepting the westerly 25 feet of Lot 23.
tog""etiner with w der o _ u ., au i. r . .
fv
w_s. _. 173,93673 v. _ � .w.� .w u _Lu �� r _
�. �_.au � ,.. _ �. . n. _ter u a _ .v. _�. " sin f o; u . _.,
s a eC T1C E .�... v r.,- w� . _.. , , .w.L � w nt.., u . . i "; .3 i,�lrme- C
uri+e1nest thereon which may he. -,,a e
no-?e or r1ows Mciting that they are .',e-. tt,s D--�ed o. st
To prot_ . .... se t. of 5-s Deecs w ._ e ,t dy . c- u. Sr:r;be, js_o. x _� _ ._.. ua vb... .
and al t.: ..
. agreements. ane ,3 ,.. � u ..�es , ... - lu �.��.�; e..-.a .and a" f z .._ s _ ,_. _ �� ... _u..
.
siu �..r s_ o .and .� =���. '._ ..v. ._,v a _ w � a. �_ _ w � _ o v sin s e t � � .... _
kfio_ .. deeo ot -USt fec _ed (D. 6 a n,r . a.. ._-e vC ietu'v
RECC�RDER'S_MEMO:
. . w u
POOR RECORD DUE TO QUALITY
OF ORIGINAL DOCUMENT
DO NOT RECORD
The following is a copy of Subdivisions A and B of the fictitious Deed of Trust re=ded in each county in California as stated in the foregoing
Deed of Trust and incorporated by reference in said Deed of mfrs tois being a part thereof as if set forth at length therein,
A- To protect the security of this Deed of Trust, Trustor agrees:
To keep said property in good condition and ruepair,not to remove or demolish any building thereon;to complete or restore promptly
and'n good and workmanlike manner any buildinig which may be constructed,darnaged or destroyed thereon and to'rtav when due all claims
fol labor performed and materials furnished therefor. m comply with all affecting said properN or requiring any afterations or
irr
i uproverrs ents to be made'thereon; not tO c0mruit or permit waste thererif: not to commit, sufffar or Permit any act upon said properhu, in
violation of law; to cultivate, irrigate. fen ilize, fumigate, pri-ine and do all other acts which from the charae.er or use of said property n-ray
be reasonably necessary, the specific enumerations herein not excluding the general,
(2 1 is provide, maintain and deliver to Beneficiany tire insurance satisfactory to and with loss payable to Beneficiari. The amount
collected under any fire or other insurance policy may be applied by Benefici_ary upon any indebtedness secured hereby and in such order
as Beneficia-y may determine, or at optiofici
n of Beneary the entire amount so collected or any part thereof may be released to Trustor,
Such application or release shall not cure or waive anv default or notice of defaulf hereunder or invalidate any act done pursuant to schu
notice,
(3) To appear in and defend any action orr£rcicee:sing purporting to affect the securiby here-of or the rights or powers ofBerieficiary
or I rustee',and to pay all costs and experises,including cost of evidence of finde and attorney's fees in a reasonable surn,in any such action
or proceeding in which Beneficiary or Trustee may appearand in any suit brought by Beneficiary to foreclose fit-us Deed,
(4) To '.ay-- at least ten days beffore deelinqUency all taxes and assessments affec"ing said property, including assessments on
en
appun, , ant of stiack:when due,all encumbrances,charges and liens,with interest,on said property or any part thereisf,which appear
to be prior or superror hereto.- all costs, fees and expenses of this Trust
Should Trus-tor fail to make any payment or to do any act as herein provided, then Beneficiary or Thistee, but w-khout obligation so
to Ido
€d os Potice to or demand -TRustor a,,,,.,,d without releasing Trus'wr from any obilgation hereof, may: make or do the same
in such manner and to such exent as eftrwar mav deem necessary to pr%,.-,,,tect Ihe securilqv hereol", Beneficiary I or Trustee being authorized
to enter up- n said Prope'tylor such purposes;
, appear in and deftond any action or proceeding purporting to affect the security hereof air
of Benefic-ary, or Trustee;pay,purchase,contest orcsmrse any encumbrance,charge or lion which in the judgm'ent
;he rights or powe,
of either appears to be or or superior hereto; and, in, exencising any such powers, pay necessary expenses, employ- unsel and pay
his reasonable fees. -0
I-pay immediatel and without dernand all suurns so ex _1 by Ben, ciany or Trustee,with interest fronn.,date, expenditure
,-I �U s00,y , fy
at'he ann-rount allowe(I by lww in effect at the date hereof.and to pay for any stetennent Drovidedir rbyiiwwlit eIfectWNned, e hereof regarding
the obligation secured hereby any arriffab jnl dernanded by the Benefiknanynot to exceed the rnu h -n
statement is de dell. imum allowed by law a',� e tine when said
B, it is mutuaily agreed:
(I I", That anv award of damages in connection oefth anq condemnation f r Dublic use of or iniury to said property or any par'thereof
is,hereby assgned and shall be paW to Ber-,eficiary who may apply or release such monies received by him in the same manner and wifln
the same effect as above provide for d'S'Drjsition of proceeds of fire or other insurance,
(2), That by accepting payment of any suim,secured hr
prareby,after its due date, Bene iciary does not waive his right efther to requi,re
Payment when due of all other sums so sec-,),red or to declare default'hor failure so- to pay.
,,3) That aft any timm e or frotime to time, vothoi-It Hability therefor and without rnohce, upon wriften request of Benefi6ary and
Presentation xf fts Deed and said note for e,,'dorsennent, and without affecting the Personal liability of any person for payment of ffie
'ndebledness seciured hereby, Trustee nnay: r - U)
_convey any parf saild properby.- cons
the making of any map oplat thereof;join in
granting any easement thereon; or join in arry ex erisien agreement or any agreernent Subordinating the lien or char e hereof,
Th:-i,non written request of'Berref cianystalling that all sums secured hereby have been paid,and upon surrender of"his Deed
P . H I
and said note to Trustee for cancellation and retention or other 6spos�tion as Th-isies,in its sole dic-cretion may choose and upon payment
1, -
Of its fees, I�rkustee shall reconvey, withouit wan-anty, the proper-ty th'ien held hereunder, The recitals in sucheconve-yance of any- rrianers
or facts shati be conclusive proof oftho truthfulness thereof.T e Grantee in such reconveyance may be describied as'the perso'n o'r pers
leu aliv entitled theret o,`�
(5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authorrl�v during the
continuance of these Trusts.to coflect he rents, issues and Profits of said propenry, reserving unto Trustor the Hght, prior to any default by
Trustor 5n payment ot any indebtedness seciured horeby or In pei-formance of any agreement hereunder,to co'-!eGt a'nd relain such rents,
issues and profits as they become due and payable, Upon any such default, Beneficiary may at any time without notice, oi`lth�er in person,
by agent,or by a receiver to be appointed by a court.and withou;regard to the adequacy of any-security for the indebtednese hereby secured,
ente7,upon and take possession of said propert, or any oar,thereof, in his own name sue for or citherwise collect isjch rents, issues, and
profits,including those past due and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable
attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking
possession of said pris
,Qerty,the collection of such rents, issues and profits and the application thereof as aforesaid, wid, all not cure or aive
any default or notice of default hereunder or invalidate any act dome pursuant to such notice,
(6) That upon default by Trustor in payment of any indebtedness secured here m
Eby or in perforance 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 of default and of election to cause to be sold said property, which notice Trustee shall cause too be
for record, Beneficiary also shall deposit with Trustee this Deed,said note and all docurrients evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recoraiation of said notice of default,and notice of sale having
been g;ven as then required by law,Trustee,without demand on Trustor,shall sell said property at the time and place fixed byit in said notice
of sale, either as a whole or In separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in
iavAui monev of the United States, savable at time of sale, Trustee may postPone sale of all or any portion of said property by public
(continued on reverse side'
1 1158(1/941
Page 3 of 4
Fd r' o. Recorded in Official Records, County of San Bernardino 610712002
Escrow ' LARRY WALKER 9:52 AM
Loan No. w ra MP
,m �xir Auditor/Controller - Recorder
WHEN R Q A ` .O_ R Regular Mail
,3 Cplt,r C Ueo°tded Doe#:: 2002—0290532 Titles: t Pages: 4
„Og.Z Redlands 0290530
Fees 0.00
Taxes 0.00
POx4605 Other 0.00
Z}4n z , CA 923 PAID X0.00
dLaLte.
oly SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF `RUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
� '002
This DEED yr TRUST, made April ,, between
Jose Herrera, a married man as his sole and separate property herein called TRUSTOR.
746 Citrus Avenue, Redlands, Califomia 92373
whose address is
(Number and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and
City of Redlands
herein called BENEFICIARY.
WITNESSETK That Trustor grants to Trustee in trust, with power of sale, that property in the City of Redlands
County of San Bernardino . State of California, described as:
Lots 23, 24 and 25, Berkeley Tract, as per plat recorded in Book 15 of Maps, pages 85
and 86, records of said county.
Excepting therefrom that portion granted to the City of Redlands by Deed recorded March 12, 1976,in Book
8882, page 202, Official Records.
Also excepting the westerly 25 feet of Lot 23.
tocether with the fe ,s r t,� `h .,$ ct, however, to the right, power and authority lhereinafter given to an
'
C r";oma upon Ber ti;jat !Goilgu� adply such.r�nts. issues and profits for'he purpose of_c ecc j -)ar rert of the
sum of � 173,9367;3 _"- ' v{r�``'terest thereon according to the teras of a prom .� E
_ crote or notes-
of even nate nerew#th made by T jsic °oa}a� . order of Beneficiary, and extensions or "eneL,e is Er.ereof, tvi the
pe r`Crmance o each agreement of `?stor incorporated by reference or contained =rerein and ( ` ay met o"U;Cditional s,'ids
ar interest,tnereecin which may herea:`te de loaned to Trustor, or his successors or assigns.when e y tui::and by a pro�t�ssor-i
nc,e or notes recainci that they are securec; by this Deed of Trust.
To protecttne si curl y of th—s Deeo .r"Trust,st, and with respect to the property abode described, mus,ustc. exn re ;,y makes S 'BC
anC ail of the agreer eats. ar#d adc is and agrees m perform and be bound dYeach and at' of-I _ S _:. t rovisicns 5C
ri ,ris A. `- a= acree� a each and all of the terms a o o`er°ilio;�s set ._... z succr ion B ofthe
�G ill ,�i2c`J�! iGC` env . ... .. ._ ., �"1 is � r
ee
�€t.,.n- .s ..n_ --t t"'. v. rev...voc AC:gi.Isi -1 rp, 1964, and in al' t'leC counties .., the book
"ConTinuieun I or reverse side; Exhibit "B"
I of 4 7
and at the page of Official Records in the office of the county recorder of the county where said property is located, noteu
below opposite the name of such county, namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31 Lake 437 110 Plumes 166 1307 Siskiyou 506 762
Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56
Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585
Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183
Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160
Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16
Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693
Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,Page 149774
shall inure to and bind the parties hereto,with respect to the property above described.Said agreements,terms and provisions
contained in said subdivisions A and B, (identical in all counties, and printed on pages 3 and 4 hereof) are by the within
reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length
herein,and Beneficiary may charge for a statement regarding the obligation secured hereby,provided the charge therefor does
not exceed the maximum allowed by law.
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 hereinbefore set forth.
Signature of Truster
STATE OF CALIFORNIA Iss,
COUNTY OF Sa_*n!Bey-�A-&AkA 0 1
On rN 11, a 0c)-a- before me,
C_fv)Ao_ e7ry�rnfyson
personally appeared -To-se He_A-y-ex'0_'
peF9ef4.aily kFiewp4e�(or proved to me on the basis of satisfactory evidence)
to be the persons whose name istape-subscribed to the within instrument
and acknowledged to me that heishefthey executed the same in his4;w44e+r
authorized capacity4ee),and that by his14@fA4e*signatureo on the instru- --- - - - - - - - - - -
ment the person(X or the entity upon behaff of which the person/ acted, LINDA EAAAABRAM
executed the instrument. Cmw**n#1264468
-ca
NIvryWITNESS my hen and official se� Mft io
Sm Sonardtho cotlilw ir
Signature MlyCmmB0wJun1&iM4f
(This area for official notarial sea()
Exhibit "B"
2 of 4
(continued on next page) 1158(1/94)
Page 2 of 4
~ - DONOT RECORD
�
~
The following isacopy ofSubdivisions Aand Bofthe fictitious Deed cf Trust recorded ineach county knCalifornia oestated inthe hznagoing
Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth aglength therein.
A To protect the security of this Deed of Trust, Trustor agrees:
(1) To keep said property in good condition and repair',not to remove or demolish any building thereon:to complete or restore Dromptiv
andingooUandvvorkman|ikemanne/anybu!|dingvvhiohmaybeuonskucted.damagedurdeaUnyeddharonnandtopaywhendueaUde|ms
for |abor pedurmeU and ma8eda|o �urn|ahed therefor; to comply with all laws affecting said property or reduinng any alterations c-
improvements to be made thereon: not to commit or permit waste thereof; not to commit. suffer or pormitany act upnn said property in
v'o|abon of |aw, to cultivate. ir iga/o. fem|ize, fumigete, prune and do all other acts which from the character or use of said property may
be reasonably necessary, the specific enumerations herein not excluding the general.
(2) Tb provide, maintain and deliver to Beneficiary fire insurance satisfactory 0o and with loss payable 0o Bnnefioiary. The amoun,
oo|iectedunder any fire orother insurance policy may be appliedbyBeneUoiaryuPonany|ndebtodnmosoecuredherebyandinmuohorder
as Beneficiary may determine. oroxoption of Beneficiary the entire amount mn collected orany part thereof may be released to Trustor.
Sucn application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such
notice,
(8) Tbappear inand defend any action orproceeding to affect the security hereof orthe rights orpowers ofBeneficiary
or Trustee;and to pay all costs and expenses,including cost of evidence of title and attorney's fees in a reasonable sum,in any such action
or proceeding in which Beneficiary orlrumCee may appear, and in any suit brought by BenefioioryVuforeclose this Deed.
(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 encumbrances,charges and liens,with interest, on said property or any part thereof,which appear
to be prior orsuperior hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, than Beneficiary urTrustee. but without obligation so
to no enp without notice too,Uemand upon Trustor and without releasing Trustor from any obligation hereof, nnav: make or do the same
insuch manner and!osuch extent oseither may deem necessary 0oprotect the security heremi, Beneficiary orTrustee being authorized
to enter upon said pnzpanyfor such purponea: appear in and defend any action or proceeding purporting toaJeutrhesecurity hereof or
therighrmorpowereoiBonehdmyorTrustee:pa&purchaoe.00nteatorommpromieeanyenournbnanoe.chargeorUanwhiohintha/udAment
of either appears to be prior oryupahor hereto; and. in exercising any such pmweno, pay necessary expenses, employ counsel and pay
his reasonable fees.
(5) Tbpay immediately and wimoutdemand all sums soexpended byB efioiaryor7ius8eevnihinieremtfronndateofexpenditure
atthe amount allowed bylaw mefectatthadate hereof,and to pay k/ anystagemen1providadfoobylaminaMeu�altthmdatohereufregsrding
the obligation secured hereb,i any amount demanded by the Beneficiary not to exceed the maximum allowed by lavv at the time when said
statement iademanded,
& It is mutually agreed:
<1) That anyaward cfdamages in.connection with any condemnation for public use of or injury to said property or any part thereof
is�erepy assigned and shall be paid !a Berieficiary,who may apply or release such monies received by him in the same manner and with
the same effect uaabove provided fordisposition cfproceeds o(fire orother inauoznoa
(2) That byaccepting payment off any sum secured hereby after its due date, Beneficiary does not waive his right either to require
prompt payment when due o/all other sums aosecured ur todeclare default for failure oovmpaV.
(3) That atany time orfrom hmeto time. without liability therefor and without notice. upon written request ofBeneficiary and
presentation of this Deed and said note for endorsement, and without affecting the personal !iubi|dyofany person for payment of the
indebtsgnene secured hereby, Trustee may: reconvey any part mfsaid property; consent to the making of any map or plat thereof;join in
granting any easement thereon: or join in any extension agreement orany agreement subordinating the lien a,charge hereof,
(4) That upon written request ofBeneficiary stating that all sums secured hereby have been paid. and upon surrender oythis Deed
and said note tol�u�eafor canceUaUonand retendmnorother dispooidonaal�uateeinits sole diao�tionmay choose and upon payment
of its feea. Trustee shall reconvey, without warranty, the property h held hereunder. The recitals in such reconveyance ufany matters
or facts shall be conclusive proof of te truthfulness thereof.The Grantee in such reconveyance may be described as"the person or persons
legally entitled thereto.^
(5) That as additional security. Trustor hereby gives to and confers upon Beneficiary the hghk, power and authority, during the
continuance of these Trusts, to collect'he rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by
Trustor in payment ufany indebtedness secured hereby or in performance ofany agreement hereunder,to collect and retain such rents.
issues and pmfita as theybecome due and payeb|e. Upon s hdaha |t Beneficiary may�*any dmevv�Uou|nut|ce, either in person,
byagent,orbyareoeiver0zbeappointed byacourt,and without regard 0othe adequacy ofany security for the indebtedness 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 onpaid,and apply the same,less costs and expenses ofope��mnand co||eobnn. including reaaonoNe
attorney's haem, upon any indebtedness secured hereby, and /n such order as Beneficiary may determine. The entering upon and taking
possession ufsaid prmJ the collecton of such rents, issues and profits and the application thereof as aforesaid,shall not cure or waive
any default or notice ofdefault hereunder or invalidate any act done pursuant to such notice.
(G) That upon default byTrustor in paymentofany indebtedness secured hereby orin performanceofany 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 of default and of election to cause to be sold said property, which notice Trustee shall cause to be
filed for record, Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby-
Afterthe|apyeofsuchbmaaamaythenberequiredby|aw(oUo in the recordation ofsaid notice oYdefault,and notice ufsale having
been given as then required by law.T rustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice
oilaa|e. either as awhole orin separate pevce|a. and in such order am itmay determine, at public auction Nthe highest bidder for cash in
|awdu| money of the United Sta$es, payable aitime of sale. Trustee may postpone sale of all orany portion of said property bypublic
Exhibit "B«
/�D�t'�U�d UO [�VB[�� �'d�\ � o� 4 /'s8n��
, ' Page oof*
announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the
time fixed by the preceding postponement.Trustee shall delivEr to such purchaser its 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 Trustor, Trustee, or Beneficiary,as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale,
Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest
at the amountallowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or
persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any indebtedness secured hereby,may from time to time, by instrument in writing,
substitute a successor or successors to any Trustee named herein or acting hereunder,which instrument, executed by the Beneficiary and
duly acknowledged and recorded in the office of the recorder 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 all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary
hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee.
(8) That this Deed applies to, inures 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 this Deed, whenever the context so requires, the masculine gender includes the feminine
and/or neuter, and the singular number includes the plural.
(9) That 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 parry hereto 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.
00 NOT RECORD REQUEST FOR FULL RECONVEYANCE
TO FIRST AMERICAN TITLE INSURANCE COMPANY,TRUSTEE:
The undersigned is the legal owner and holder of the note or notes,and of all other indebtedness secured by the foregoing Deed of Trust.Said note or
notes,together with all other indebtedness secured by said Deed of Trust,have been fully paid and satisfied;and you are hereby requested and directed,
on payment to you of any sums owing to you under the terms of said Deed of Trust,to cancel said note or notes above mentioned,and all other evidences
of indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty,to the parties
designated by the terms of said Deed of Trust, all the estate now held by you under the same.
Dated
Please mail Deed of Trust,
Note and Reconveyance to
Do not lose or destroy this Deed of Trust OR THE NOTE ubicb it secures.Botb must be delivered to the Trustee for cancellation before reconveyance tvill be made.
D Q � U
in
LL W
O w
LL W U)
O �: f
OLij
W
Exhibit "B"
0
1158(1/94)
Page 4 of 4