HomeMy WebLinkAboutDeeds & Easements-18-2014E_CCv0001.pdf � 1
CHICAGO TITLE INSURANCE COMPANY
0111405-:5-75- Electronically Recorded in Official Records,County of San Bernardino 7/1812014
08:47 AM
RECORDING REQUESTED BY .Q DENNIS DRAEGER SG
City of Redlands ASSESSOR-RECORDER-CLERK
AND W 401 LSI Title Company
WHEN RECORDED MAIL 70: � P Y
Doc#: 2014-0260445 Titles: 1 Pages: 7
NAME City of Redlands t=ees .00
ADDRESS Attn:CITY 8 STATE PO Box 3005ment Services I I I ITaxes .00
Redlands, CA 92373 1111111111111 N
other .00
oA1e -oo
APN# 0153-034-11-0-000 SPACE ABOVE THIS LINE FOR RECORDER'S USE
FREE RECORDING REQUESTED PURSUANT TO GOV'T CODE SECTION 6103&27383
DEED OF TRUST
WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY
This DEED OF TRUST;made July 1,2014 ,between GHAYS KAWAS AND TAMARA KAWAS,HUSBAND
AND WIFE AS,POINT TENANTS ,herein called TRUSTOR(S),
Whose address is 3596 NORTH LEROY STREET,SAN BERNARDINO,CA 92405
CHICAGO TITLE COMPANY, a California Corporation, herein called TRUSTEE, and CITY OF REDLANDS, herein called
BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in San
Bernardino County,San Bernardino,California,described as:
See Attached Exhibit"A"
Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and
conferred upon Beneficiary to collect and apply such rents,issues and profits.
For the Purpose of Securing(1)payment of the sum of$25,000.00 with interest thereon according to the terms of a promissory note or
notes of even date 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 or reciting it is so secured; (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 or
notes reciting that they are secured by this Deed of Trust.
To protect the security of this Deed of Trust,and with respect to the property above described,Trustor expressly makes each and all of
the agreements,and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A
of that certain Fictitious Deed of Trust referenced herein,and it is mutually agreed that all of the provisions set forth in subdivision B
of that certain Fictitious Deed of Trust recorded in the book and 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 PACE COUNTY BOOK PAGF. COUNTY BOOK PAGE COUNTY BOOK PACE
Alameda 1288 556 Icings 858 713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762
Amador 133 439 Lassen 192 367 Riverside 3778 347 Solano 1287 621
Bune 1330 513 Los Angeles T-3878 874 Sacramento 71-10-26 615 Sonoma 2067 427
Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56
Colusa 323 391 Marin 1849 122 San Bernardino 62I3 766 Sutter 655 585
Contra Costa 4684 1 Maripusu 90 453 San Francisco A-804 596 Tehama 357 183
Del Nortc 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 Matco 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
Invo 165 672 Nevada 363 94 Shasta 80Q 633
Kem 3756 690 Orange 7182 19 San Diego Series 5 Book 1964,Page 149774
CHICAGO TITLE INSURANCE COMPANY
oil 14053-75-
RECORDING
4053-7sRECORDING REQUESTED BY
City of Redlands
AND WHEN RECORDED MAIL TO:
NAME City of Redlands
ADDRESS Attn: Development Services
CITY&STATE PO Box 3005
Redlands, CA 92373
APN# 0153-034-11-0-000 SPACE ABOVE THIS LINE FOR RECORDER'S USE
FREE RECORDING REQUESTED PURSUANT TO GOVT CODE SECTION 6103&27383
DEED OF TRUST
WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY
This DEED OF TRUST,made July 1,2014 ,between GHAYS KAWAS AND TAMARA KAWAS,HUSBAND
AND WIFE AS JOINT TENANTS ,herein called TRUSTOR(S),
Whose address is 3596 NORTH LEROY STREET,SAN BERNARDINO,CA 92405
CHICAGO TITLE COMPANY, a California Corporation, herein called TRUSTEE, and CITY OF REDLANDS, herein called
BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in San
Bernardino County,San Bernardino,California,described as:
See Attached Exhibit"A"
Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and
conferred upon Beneficiary to collect and apply such rents,issues and profits.
For the Purpose of Securing(1)payment of the sum of$25,000.00 with interest thereon according to the terms of a promissory note or
notes of even date 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 or reciting it is so secured; (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 or
notes reciting that they are secured by this Deed of Trust.
To protect the security of this Deed of Trust,and with respect to the property above described,Trustor expressly makes each and all of
the agreements,and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A
of that certain Fictitious Deed of Trust referenced herein,and it is mutually agreed that all of the provisions set forth in subdivision B
of that certain Fictitious Deed of Trust recorded in the book and 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 PACE COUNTY BOOK PACE COUNTY BOOK PACE COUNTY BOOK PACE
Alameda 1288 556 Kings 858 713 Placer 1028 379 Siena 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 71-10-26 615 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
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 80¢ 633
Kern 3756 690 Orange 7182 18 San Diego Series 5 Book 1964,Page 149774
shall inure to and bind tire 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) are preprinted on the following pages hereof acrd 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 len-th herein,and
Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof does not exceed the
mai imurn allowed by laws.
The undersigned Truster,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.
Sigrattire of Tnistor(s)
Chas Kawas
Tamara Kawas
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN B NARDINO
On 2014 befo e n
personally appease
who proved to ine on the has ,of so isfactory evidence to be the pe rus)whose name(s)Xare subscribed to the within instrument
and ackitowledged to me that>Wthey executed the same in(risll heir authorized capacity(ies),and that bykK/I�Wtheir
' 9011",
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.
WITNEmv hand and official sea]. L R MCCASLAND
Commission 1965690
N California<zL Notary PubfiC-California
San Bernardino County
Comm,EX Ire$Feb ,201
Comm,Ex Ire$ 1,2016
Signature wvv���
(Seat)
CERTIFICATE OFACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF SAN BERNAR-DINO
On 2014 before me,
personally appeared -
who proved to me on the basis of satisfactory evidence to be the person s)whose name(s)is/are subscribed to the within instruntent
and acknowledged to the that he/sbe'"they executed the same in his/ber/their authorized capacity(ies).and that by hisilier/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 Califorma that the foregoing paragraph is true and correct,
WITNESS my hand and official seal.
Signature
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califo is
Cunt ot
On before me, ._
Sat er t
persto al@y appeared `
who proved to me on the basis cifsa`sfa for evidence to
be the p rson(s whose nam( are subscribed to the
wit .n instrument and acknowleAed to me that
s tthey executed the s i �s r/their authorized
eapeity(is), and that s1 rltheir signtr Tres on the
instrument the person(s), or the entity upon behalf of
which the person(s) anted, executed the instrument.
rarrif i
ublic C of r i I certify under PENAL PERJURY under the Imes
Lla...M C of the State of California that the foregoing paragraph is
�Nso,`.Aarmyeepzpt.
t, Ct true and correct.
WITNESS my ha .d and off'at s al.
Signature A
Places Notary Send Abmm Signits o1 iari 3aiuc
OPTIONAL
Though the information below is not required by law; It may prove valuable to persons relying on the document'
and could prevent fraudulent removal and reattachment of this form to another document
Descriptionof d1t
Title or Type ofDocument:
Document late: __ _.... Number of Wages
Signer(s) Other Than Na d Above., �...._ T..
Capacity(les) Claimed Signer(s)
Signer's Name:_ hl�4u igner's
'Individuai _. 1In Individual
Corporate Officer----Title(s)., _ [I Corporate Officer— Titfa( ):
Partner—0 Fruited 0 general 0 Partner--r. Limited i General
* Attorney in Fact 7of ',. 0 Attorney in Fact �
F Trustee t,kterr rTrustee Trip r�r rl�r,t„b here
El Guardian or Conservator F-,' or Conservator
El Other-,-_
C3,Other:
Signer isRepresenting: _. Signer is Representing:
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-6827
EXHIBIT"A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 18, TRACT NO. 3517, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 46, PAGE (S) 51 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0153-034-11-0-000
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 may be 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 all other acts which from
the character or use of said properly 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 Trustor. 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 action or proceeding in which Beneficiary or Trustee may appear,
and in any suit brought by Beneficiary to foreclose 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 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 judgement of either appears to be prior or superior hereto;and,in exercising any such powers,pay necessary expenses,employ counsel and pay
his or her reasonable fees.
(5)To pay immediately and without demand all sums so expanded 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 moneys received by him or her in the same manner and with the same effect as above provided for regarding
disposition of proceeds of fire or other insurance.
(2)That by accepting payment of any sum secured hereby after its due dale,Beneficiary does not waive his or her 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 its 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 or her 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 application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate
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 filed 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 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 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 the neuter,and the singular number includes the plural.
(9)The Trustee accepts this Trust when this Deed,duty 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 party unless
brought by Trustee.
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
TO CHICAGO TITLE COMPANY
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 evidence 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 Dead of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before
reconveyance will be made.