HomeMy WebLinkAboutContracts & Agreements_99-2002_CCv0001.pdf RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
THE REDLANDS CONSERVANCY
P. O. Box 855
Redlands, CA 92373
Space Above This Line for Recorder's Use Only
Order No. 850211 Escrow No. 20138-JB
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
WHEREAS, THE REDLANDS CONSERVANCY, a California non-profit corporation was the original Trustor, and
First American Title Insurance Company, a California corporation the original Trustee, and City of Redlands, a
municipal corporation the Beneficiary, under that certain Deed of Trust dated June 18, 2002 and recorded August 21,
2002 as Instrument No. 02-439081, Official Records of the County of San Bernardino, State of California, and
WHEREAS, the undersigned Beneficiary desires to substitute a new Trustee under said Deed of Trust, now therefore, the
undersigned hereby substitutes CITY OF REDLANDS, a municipal core)ration, as Trustee under said Deed of Trust and
does hereby reconvey, without warranty, to the person or persons legally entitled thereto, the Estate now held by him
thereunder.
Document Date: March 28, 2003
CITY OF REDLANDS, a municipal corporation
By:
KARL HAWS, Mayor
ATTEST:
By: J �
(City erk
STATE OF CALIFORNIA )SS
COUNTY OF )
On before me, ,Notary Public
personally appeared
personally known to the(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare 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.
WITNESS my hand and official seal.
Signature
This area for official notarial seal.
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
By the authority granted ander 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 1„ 2003,
before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Cleric f the
City of Redlands, California, personally appeared Marl N. Haws and Lorrie Poyzer
( X) personally known to me - or - { ) 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.
`\�t�����ti�i t z►urgri
LORRIE POYZER, CITY CLERK
_ C7
By
' �' Beatrice Sanchez, Deputy City Clerk
t ♦ �.
CA L�t F�Q`���� (909)798-7531
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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, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Substitution of Trustee and Full Reconveyance - 1247 Alta Street
Date of Document: March 28, 2003
Signer(s) Other Than Named Above: None
Recorded mofficial Records, oomxvv/San oomarm"m 8/21/2002
3:00 PM
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Order No. Aodito'/CmntmKnr - Recorder
Escrow No.
Loan No. ' ' 699 First American - MS
' ����� ������� Titles: 2 Pages: 4
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WHEN RECORDED MAIL TO: '
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City Clerk r="°° 0.00
|| |KUN|N|UUNU0�U0NNUUNN|�
City �� Redlands U||�N)UUN|N0UNUN�UU|0�U���\� nme, o'*»
'
P. 0. Box 3005 PAID
Redlands, C& 92373
7 S |
SPACE ABOVE THIS LINE FOR nsconocn'SUSE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
This DEED OF TRUST, June 18," 2002 between
. en
THE KEDLA0DS CONSERVANCY, u California non-profit corporation
herein called TRUSTOR,
whose address in P. 8. Dox 855, Redlands, CA 92373 .
(Number and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, mCalifornia corporation, herein called TRUSTEE, and
CITY OF REUL&D0S, a municipal corporation
. herein called BENEFICIARY,
WITNESSETH: That Trustor grants to Trustee in truot, with power of sa|e, that property in the
City of Redlands San Bernardino County of . State of California, described as:
Lot 27 of BUSS AND IUd}SCB ADDITION, in the City of Redlands, County of San Bernardino,
State of California, as per map recorded in Book 15, Page 38, of �Iapa, in the Office
of the Recorder of said county.
,
together vvhhthe rents, �yumsand profits thereof, subject, hovv«yxa[tothe right, power and eu1hoh�'hereinafter given Vomnd
conferred upon Benafioiorytocollect and apply such rents, issues and profits for the purpose ofsecuring (1) payment ofthe
sum of $ l0'000.00 with interest thereon according tothe terms ofm promissory nn10 or notes
of even data herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the
performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums
and interest thereon which may hereafter be loaned to Trustor,or his successors or assigns,when evidenced by a promissory
note ornotes reciting that they are secured bythis Deed ofTrust.
To protect the security of this Deed of Trust, and with respect to the property above described,Trustor expressly makes each
and all ofthe agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set
forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the
fictitious deed oftrust recorded in Orange County August 17. 1884, and in all other counties August 18. 1964. in the book
(continued on reverse side) 1158nm4)
and at the page of Official Records in the office of the county recorder of the county where said property is located, noted
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 Plumas 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 Francisca A-804 596 Tehama 457 183
Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
EI 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 Trustor
COUNTY OFF
STATE OF UF,ORN �. THE REDLANDS CONSERVANCY,
Qn `"- � before me, a California non
�-profit corporation
11-4i6
BX:
personally appeared L0, `7 f, � C
W. ROBERT CLARK, President
wson��rte�a proved to me on the basis of satisfactory evidence)
to be the person(s)whose named is/a.&subscribed to the within instrument
and acknowledged to me that he/sheAhey executed the same in his/herltheir
authorized capacity(iw+ and that b hisfber�eir si natureinstru-
ment
Y 9 (s}-on the instru- SALLY A. WENQT
meat the personjs� or the entity upon behalf of which the person(93-acted, Comrrtissgnn#", '777
executed the instrument.
Z Notary Public-Calift�rn€Ct p
WITNESS my hand and offi'i 1 s San Bemctrdino County
g :
Signature My COMM.EXr), S R„.r9 2G174
- t
(This area for official notarial seal)
(continued on next page) 1158(1194)
Dm oofA
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 pers6n, 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 safe to payment of: all sums expended under the terms hereof, not then repaid,with accrued interest
at the amount allowed 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 party 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 parry unless brought by Trustee.
DO 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 destrvl this Deed of That OR 77iE V07F a hick it secures Both Hurst be delivered to the Trustee hbr cancellation before reconucyance will be made,
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1158(1/94)
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DO NOT RECORD
The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing
Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length 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 promptly
and in good and workmanlike manner any building which maybe constructed,damaged or destroyed thereon and to pay when due all claims
for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or
improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property In
violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do ail other acts which from the character or use of said property may
be reasonably necessary, the specific enumerations herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount
collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order
as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Truster.
Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such
notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
or Trustee; and to pay all costs 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 or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed.
(4) To payi at least ten days before delinquency all taxes and assessments affecting said property, including assessments on
appurtenant water stock;when due, ail encumbrances, charges and liens, with interest, on said property or any part thereof,which appear
to be prior or superior hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so
to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same
in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized
to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or
the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any encumbrance,charge or lien which in the judgment
of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay
his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from date of expenditure
at the amount allowed by law in effect at the date hereof,and to pay for any statement provided for by law in effect at the date hereof regarding
the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said
statement is demanded.
B. It is mutually agreed:
(1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof
is hereby assigned and shall be paid to Beneficiary who may apply or release such monies received by him in the same manner and with
the same effect as above provided for disposition of proceeds of fire or other insurance,
(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require
prompt payment when due of all other sums so secured or to declare default for failure so to pay.
(3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and
presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the
indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof;join in
granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof.
(4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed
and said note to Trustee for cancellation and retention or other disposition as Trustee in fts sole discretion may choose and upon payment
of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters
or facts shall be conclusive proof of the truthfulness thereof.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 right, power and authority, during the
continuance of these Trusts, to collect the rents, issues and profits of said property. reserving unto Trustor the right, prior to any default by
Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents,
issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person,
by agent,or by a receiver to be appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby secured,
enter upon and take possession of said property or any part thereof. in his own name sue for or otherwise collect such rents, issues, and
profits,including those past due and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable
attorney's fees. upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking
possession of said property,the collection of such rents, issues and profits and the appiication thereof-as aforesaid,shall not cure or waive
any default or notice of default hereunder or Ovalidate any act done pursuant to such notice.
(6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance 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 to be
fled for record. Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default.and notice of sale having
been given as then required by law.Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice
of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in
lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public
(continued on reverse side) 1158(1,194)
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