HomeMy WebLinkAboutDeeds & Easements-16-1993E_CCv0001.pdf RECORWNU REQUISTE0 *Y I FIN! 6
OMAN TITLE C& 2#A3YS 7 G-4143
93534989
3 PCORRECC RDED IN THE
A,%D WHEN PECORDEO NAM TO OFFICIAL RECORDS 0F
4 0NT 1)ST PEE SAN BERNARD IN(DI COUNTY
NAME IREDEVE'LOPTENT AGLN(;Y OF THE ERROL J IAACKZUM
A00AESs CITY OF REDLANDS 6 RECORDER
CtTY A
STATE P. 0. Box 3005 00 : 00 :
92373
OTT E
DEED OF TRUST AND ASSIGNMENT OF RENTS
BY THIS DEED OF TRUST, made this 4th day of November 1993 between
Ott LOY KljyIAR GUPTA AND ANN LOUISE (.;UPTA, husband and wife
herein called Trustor, whose address is
1630 Juanita Lane, Redlands, CA 92373
(number;kndstreet) (state zip)
and INLAND BROOKSIDE SERVICES, INC., a California corporation, here called Trustee, and
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS, a public body, corporate and politic,
of the State of California
herein called Beneficiary,
Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in
the City of Redlands San Bernardino County, California, described as:
That portion of the East 1/2 of the West 1/2 of the North 1/2 of Lot 28, Block 77,
more particularly described in Exhibit "A" attached hereto and made a part hereof.
if the Trustor shall sell convey or alienate said property or any part thereof, or any
in erest therQin, or shall be 4i�egte of h* " le 14 an� Mannar or �ay, whether
voluntary or involuntary, any in e teiness his othiigation ecure iere y, irrespective
of the maturity dates expressed in any note evidencing the same, at the option of the
holder hereof, and without demand or notice, shall immediately become due and payable.
No e jec�i;e�lh�rabyo?on h jo�l ?rovigficog: f'Tb s nohe tofSef ion
V
,y,,In is
-5496 e ivi 0 e t�glgsta[eeo 1 Nn a, roviAe,5 haat er o t S
1� �1 give written notice to the Trustor, or his sucgessor in Interest, prescr, ed
information at least 90 days, and not more than 150 days, before any balloon payment i due,
Trustor also assigns to Benett6ary all rents, €ssues and profits of said realty reserving the right to collect and use the same except
during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the
same by any lawful means in the name of any party hereto.
For purpose of securing;
(1)Payment of the indebtedness evtdenced try one promissory note m the princapaf sum Of$ 33,000.00
of even date herewith, payable to Berteficsary, and any extensions or renewals thereof; (2)the payment of any money that may te
advanced by the Beneficiary to Trustor,or his successors,with interest thereon,evidenced by additional notes(tridicatmg they are
so secured) or by endorsement on the original note, executed by Trustor or his successor, (3) performance of each agreement of
Trustor vicorporated by reference or contamed herein
On October 25, 1973, tdenttcal fictitious Deeds of Trust were recorded m the offices of the County Recorders of the Ccunt,es of the
State cal California, the first page thereof appearing in the book and at the page of the records of the respective County Recorder as
follows'
COUNTY Book Page COUNTY Sook Page COUNTY Book Pa" COUNTY Book Page
Alameda 3540 89 Kings 1018 394 Placer 1528 440 Siskiyou 697 407
Alpine 18 753 Lake 743 552 Plums* 227 443 Solano 1860 Sal
Arnador 250 243 Lassen 271 367 Riverside 1973 139405 Sonoma 2810 975
Butte 1870 678 Los Angeles T8512 751 Sacramento 731025 59 stanislaus 2587 332
Calaveras 368 92 Madera 1176 234 San Bonito 3" 94 Sutter 817 182
colusa 409 347 Mann 2736 463 San Semardino 8294 877 Tehama 630 522
Contra Costs 7077 178 Mariposa 143 717 San Francisco 8820 5ft Trinity 161 393
Del Norte 174 526 Mendocino 942 242 San Joaquin 3813 6 Tulare 3137 567
Cl Dorado 1229 594 Merced 1940 361 Sao Luis Obispo 1750 491 Tuolumne 396 309
Fresno 6227 411 Modoc 225 668 San Mateo 6491 600 Ventura 4182 662
Glenn 565 290 Mono 160 215 Santa Sarbara 2486 1244 Yoko 1081 335
Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 713 Yuba SCA 163
Imperial 1355 801 N" 922 96 Santa Cruz 2358 744 File No.
Inyo 205 660 Nevada 665 303 Shasta 1195 293 San Olego 73-2"568
Kern 4809 2351 Orange 10961 398 Sierra 59 439
The prov+sions contained m Section A, inc tuding paragraphs I through 5. and ,he proveStonsi contained m Section 8, mctudinq
paragraphs 1, through 9 of said fecl;* ous Deeds of Trust are mcorporatpd hereEnas futiy as though set forth W tength and m futf herem
The undersigned Trustor requests that a copy of any notice of default and any notice of sale hereunder De mwted to Trustor at the
address hereinabove set forth, being the address designated tot the purpose of receiving such notice,
STATE OF CALIFORN
S'
COUNTY OF S
410 Lo K 1A P'-�r�A
OA JAI 1*
....... before me,
ANLOU
ed
P ry
evidence)to be the person(s)whose names)islare subscribed to the
within instrument and acknowledged to me that he/shelthey executed
the carne m Nsihertthetr authorized capacity(ies),and that by hisiher/their
signature(s)on the instrument the per or the entity upon behalf
of which the peri son(s) acted, executed the instrument.
WITNESS rn(��nd_o:�4
Signature 6alse'
(This area for ciftial notorial soat)
DO NOT RECORD--Pro,risions incorporated from Retarded Fictitious Dead of Trust.
A. TO "OTEGT THE SECURITY HEREOT', TRUSTOR AGREESr (4) To parr at least too days War* ddttnqudacy aR taxi* and
as#eosmento affecting sold +rapartyr hsctudin assasssdranb on ap-
€1l To Moop said property in good condition and repair, preserve Mistreat water stack; when due. elf ranew that and
th*aron the It"lodrnga. Complete construction begun, restore damage lieas, with istenst. on said property or any part there which
or deatruction, and posy the cost thereof; to commit or permit no appeor to be prior of *upon*, herefoa all costs, teas and arrpowitto
vrnsme.
no vaotation of jaws or covenants or conditions reSatang to a this Trust.
use, alter ataonr or i provornents- to culnvoto, irrigate, fertilise. Should Truster tail to soak# as oat Or
to do acs act as
turnrgote, prune, and do all other arta which the Character and use pa
of sold property and the estafo or intorest in said property secured hersln pprovtd#d, then Beneficiary tri True oa. but without a ligation
by this Deed of Tvust may rsqusae to preserve this securit to to do and without notice to or demand upon Truster and with-
of
out relenting Truster from any� obligation hereof, mapp woks or do
('r) To provide. maintain and doti•or to beneficiary fire insurance the *ams in such mouser acd to such extent as dither ma deem
satin€artery to and with loss payable to Ben*tieiary. Ilse amount necessary to protect the security hitrool, Beneficiary or rusts*
coltected unda,r any fire or other insurance policy may be applied being authorized d to dater upon said property far such purposes;
try firnobcmr-y upon any iadwotedr*as secured hereby and in such the#or in and defend any action at preceeding purporting o #o affect
order car btne+vr:rory may dsterrnme, or Beneficiary may release the security hereat to ttto right* or powers of cumb arc# or Trust*sr
po}•. purchase. cants! or compromta• any inrutnoranre. Cita*gat or
aH ar any pa,t ahva*of to Trustor, Such application or rotease *hold lawn which in the judgment of either appears to be prior at #up*tier
atcure or waive any delou=t or notice of default hei#under or fn herrrto and. in exercising any ouch oworsl pay necessary #xpons*s
validate any act drone pursuant to each notice,
esxrpEay Counsel and pay his reasonats firs..
(3) To appear in and defend any action or procoorLng purporting (5) To pag immediately and wsthcv@ dommud aU sures so ex-
to eraser tho secu,ily heroof or the rtgkrfs ran pawwss of h#riefrcivary ponied by enofictary at Trustee. with interest from date of ere.,.
or Trustoo. and to pay all redia and expenses, including cost of penditure at seven per cent per annum, and to pay for any state-
*vidoncre of title and attorney's twos in a reasonable *um. in any moat provided for by law regardinq titre obligations **cured hereby
such action or proceeding in which Beneficiary at Trusts may in the amount demanded by HeaoEiciary, not exceeding the maxi-
appear. mum amount permitted by law of the tuns of the request therefore.
B. IT IS MUTUALLY AGREED THATr
fl) Any award of damages in connection with any condemnation Trustee, may postpone *ale of all or any portion of said property by
forpublic use of or injury to said property or any part thereof is public announcement at such time and place of salty. and from time
hereby assigned to Beneficiary. who may apply or release such to time thereafter may postpone such sale by public announcement
moneys roarived by horn in the some manner and with the *am* at the time fixed by the preceding postponement, Trustee *hall do-
offect as provided for disposition of proceeds of fire or otherliver to such purchaser its dsod conveying the property so *old,
tn=.0 a—e.. but with—f may co—trarxt at warranty. expressed or implied.. The
fi) By accorafing payment of any sum *scared hereby after its recitals in such doted at any motr*r* at facts shall be conclusive
duo date„accepting
does not waives his right either to after
its pgroof of the truthfulaess thereof. Any person. including Truster.
s Trust##. or Beneficiary as hereinafter defined. may purchase at such
payreent when due of all other sums so secured or to declare de- sale.
tautt for fadure so to pay.
(3) At any tarn* at from time to time, without liability therefor After deducting all casts, too* and ox rises of Trustee and of
and without nofico, upon written request of Beneficiary and pro- this Tru*t. including cost of evidence a( #ilio in connection with
*entation of this Deed and said only, for endorsomeaL and without sale, Trustee shalt appply the proceeds of *at* to payment ol: all
affecting the personal liability of any person for payment of the sums sxponded under the forms boreal, not then repaid,with accrued
indoiaredness secured hereby. Trustee moyr recanveyy any part of `interest at **von pet coat per annum# all other sums then secured
said proptiry: consent to the making of any map tib*real,, join in horofsyr and the remainder, it any, to the person or persons legally
granting any easement thereon: ar Hour in any agreement extending entitled therein,
or subotdinating the lion or charge hereof.
(4) U on written request of Beneficiary stating that cll sums se. (f) This Dead applies to, inurres to the benefit o£. and binds all
cured hereby ones, been paid, and upon surrender of this Deed parties hereto, their legal ropres*ntouvos and successor* in in-
and solei note to Trustee for cancellation and retention and upon forest. The form Beneficiary shall include any future owner and
payment of its tows. Trusts* shall rocanvey without warranty, holder. including plodgees. of the note secured hereby. In this
the property then herd hereunder. The recitals in such reconvoyance Deed. whenever the context so requires, the masculine gender in-
of any matters or facts shalt be conclusive proof of the truthfulness dudes the lominine and,ror neuter. and the singular number includes
thoreof, The grantoo in such reconveyance may be described as the plural.
the person or persons legally entitled titareto." (e} Trusted accepts this Trust when this Deed. duly executer;
(�] Upon default by Trustor in payment of any indebtedness so. and acknowledged, is made a public record as previdod by low,
cured hereby or in per€ormanc* of any agreement hereunder, Trustee is not obligated to notify say party hereto of pending solo
Boneftciary may declare alt sums *#cured hereby immediately due under any other Deed of Trust or of any action or proceeding in
and payer to by delivery to Trustee of written declaration of defoulf which Truster. Beneficiary or Trustee shall be a party unloss brought
and demand for sol* and of written notice of default and of election by Trustee,
to cause said property to be sold, which notice Trust#* shall cause
to he duly filed for record. Beneficiary also shall deposit with ($l The Trusts created hereby ars irrevocable by Truster.
Trustee this Deed. said oats and all documents evidencing #x• (9) Beneficiary may substitute a successor Tru*too from rim# to
pondstures secured hereby. time by recording in the, office of the Recorder or Rocorders of the
Trustee shall give notice of solo as then required by low, and county where the property is located an instrument stating the
without demand on Trustor. at least throw months having elapsed election by th# Beneficiary to make such substitution, which in-
citer recordation of such notice of default. shall sell said property strument shall identify the Deed of Trust by recording reference,
at the time and placo of *al* fixed by it in said notice of sate. and by the came of the original Trustor. Trustee and Beneficiary.
dither asa whole at in separate, parcels and in such order as it and shall *of forth the name and address of the new Truster, and
may determine, at public auction= to the highest bidder for cash which instrument shell be signed by the Beneficiary and duty
in lawful money of the United States, payable at time of sal#. acknowledged.
REQLTFST FOR FVU RECONWYANCE
To be used only when note has been paid
To INLAND BROOKSIDE SERVICES, IN .„ Trustee: Dated_._ au rV 16..I--
11197_
The undersigned is the legal owner and holder of all indebtedness secured by this Deed of Trust. All
sums secured by said Deed of Trust have been paid, and you are requested, can payment to you of clrly suras
owing to you under the tennis of said Deed of Trust, to cancel all evidences of izidebtddness, secured by
said Deed of Trust, delivered to you herewith and to reconvey, without warranty, to the parties desig-
nated by the terins of said Deed of Trust, the estate now held by you under the salve.
Mail Reconveyance to: Redevelopment Ae nc o the
Moloy and Ann Gupta _n
1630 Juanita Avenue _.._._._ City of Rodla , California
Redlands, CA 92373 Caen Larson
__._. .__..,_. . ._.._._._ __._._......_._.._ By._.
riaaa `I"ZL=9rMember.
Do not lose err destroy this Deed of Trust OR THE N whir it s res. th fou
dellvered to the Trustee for cancellation before reconveyance will be made
e ary
t
Mw
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tit
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scr 1400'
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PAP"
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93-534989
THAT PORTION OF THE EAST 1,12 OF THE WESI 1/2 OF THE NORTH 1/2 OF LOT 28, BLOCK 77,
RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, AS PER FLAT RECORDED IN BOOK 7 OF
MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS,
BEGINNING AT THE POINT OF' INTERSECTION OF THE EAST LINE OF THE WEST 1/2 OF THE NORTH
1/2 OF' SAID LOT 28 WITH THE NORTH LINE OF WEST STUART AVENUE, 50 FEET WIDE, AS SHOWN
ON RAP OF TRACT NO. 2083, ROGERS TERRACE, RECORDED IN BOOK 30 OF MAPS, PAGE 26,
RECORDS OF SAID COUNTY;
THENCE WEST ALONG THE NORTH LINE OF WEST STUART AVENUE, AS SHOWN ON SAID MAP, 100
FEET;
THENCE NORTH ON A LINE WHICH 15 PARALLEL WITH THE EAST LTNF OF THE WEST 1/2 OF TiiF
NORTH 1,12 OF SAID LOT 28, 118. 32 FFFT;
THENCE LAST ON A LINE WHICH IS PARALLEL WITH THE NORTH LINE OF SAID WEST STUART
AVE,NUE, 100 FEET, TO THE EAST LINE OF THE WEST 1/2 OF THE NORTH 1/2 OF SAID LOT 28;
THENCE SOUTH ALONG THE EAST LINE OF THE WEST 1/2 OF THE NORTH 1/2 OF SAID LOT 28,
118. 32 FEET TO THE POINT OF BEGINNING.
EXCEFITING THEREFROM ALL OIL, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND
CHARACTER LYING MORE THAN 500 FEET BELOW THE SURFACE OF SAID LAND, TOGETHER WITH THE
RIGHT TO DRILL INTO, THROUGH, AND TO USE AND OCCUPY ALL PARTS OF SAID LAND LYING MORE
THAN 500 FEET BELOW THE SURFACE THEREOF FOR ANY AND ALL PURPOSES INCIDENTAL TO THE
EXPLORATION FOR AND PRODUCTION OF' OIL, GAS, HYDROCARBON SUBSTANCES OR MINERALS FROM
SAID LAND OR OTHER LANDS BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF
SAID LAND OR ANY PORTION OF SAID LAND WITHIN 500 FEET OF THE SURFACE FOR ANY PURPOSE
OR PURPOSES WHATSOEVER, AS RESERVED IN THE DEED RECORDED MAY 12, 1986, AS INSTRUMENT
NO. 86-122368, OFFICIAL RECORDS.
DO NOT DESTROY THIS NOTE: When paid,this note,with Dood of Trust socuring*am*,
must be surra red to Trusts* for concollstion Wore roconveyame will be mad#.
I T
NOTE SEC U11 Ely)" B"Ir DEED OF TRUST
(INSTALLMENT , INTEREST INCLUDM
s-33-,�CKW-M------- ___________-K djauAs--------------- ca ,-a ---------
in ,;sialirnents as neer) ialf,:i �,ui �aiue i wom,se �(, �)a
51 b AGENCY OF TBE,' CITY OF
--------1-11---------------------------------------
KI"DLANDS, a corporate and oliti.c , of the State of California
------P�Iblic.—bod
---------------------- ------ ----------------------
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----------------------------- ----------- ----------------- --------
----------------------—--1-------I--------------- -------- -----------------------1--------
--------------------- ------- --------------------------
------------------------I-------- -------------------------I---1
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TlilRTY THREE THOUSAND A�ib K67T60--
----------------- ----------I----1.-—------ - ----------------------11--------
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------------eSkdo 6i. d 75
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----10th------------------
ex ------calendax----------------------Inorllh
December 10 1996 on which date all unpaid principal
and interest shall be due and payable .
This note is subject to Section 2966 of the Civil, Code of the State of California,
which provides that the Holder of this note shall, give, written notice to the
Trustor, or his successor in interest , of prescribed information at least, 90 days,
and not more than 150 days, before any balloon payment is due.
The Deed of Trust securing this note contains the following provision for acceleration
of maturity: "If the Truster shall sell, convey or alienate said property or any
part thereof, or any interest therein, or shall be divested of his titles in any
manner or way, whether voluntary or involuntary, any indebtedness or obligation
secured hereby, irrespective of the maturity dates expressed in any note evidencing
the same, at the option of the holder hereof, and without, demand or notice, Shall
immediately become due and payable."
A late chargze equal to 6 per cent of T-ho ins rallric-Tit will be paid for any installmf,,nt
paid after 10 days from the instailmenL due date.
Ely-. ent shal'be credl.ea first on nT ,S irrc aue ani�e rerna`icic- o-, wa a tnf,,jrqerest shat'thereupon ceas,uGSon tt-ie p(in
c,pa s (.f.,.oiied Shc)u1cj dela-j!*,be',marle, pay,nenl ot oan-v ns,:al- ot whoie sum of PmrtPa.and tritereSt S!'S H af fht�,,
opl�_,, c:0"ie holderof ths rve ,J'Fe irnmedvely Cue Pfncli-,,'.S einc�, he o
T� !,� iav,,I� mc)r(�� of! unde StWes It act�(,,)n r"W,' fnst�tjje",
dens prj�,Sf, lc�pa"Such S, zis�he c,o,, , a� a�a*�,ney s fees This note is secured by a DEED OF T Rt.0
FN, V) BROOKSIDE SER-vK,--PS jr,4rl-
---- --------
�GUPT-k---------------------------
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MINUTES of a regular meeting of the Redevelopment Agency of the City of Redlands
held in the Council Chambers, 212 Brookside Avenue, at 3:00 P.M. on
November 16, 1223. There being no quorum present, the Secretary
recessed the meeting to 7:00 P.M. or as soon thereafter as City Council
business will permit. Chairman DeMirjyn called the meeting to order at
8:07 P.M.
PRESENT Charles G. DeMirjyn, Chairman
William E. Cunningham, Member
Dee Ann Milson, Member
Jim Foster, Member
Gary Luebbers, Executive Director
Daniel J. McHugh, Agency Attorney
Lorrie Poyzer, Agency Secretary
Ted Thomaidis, Redlands Daily Facts
Steven Church, The Sun
ABSENT Swen Larson, Vice Chairman
Minutes of the regular meeting of November 2, 1993, were approved as
submitted.
Resolution No. 232 - Sale of RDA Prqperty - A joint public hearing was
advertised for this time and place to consider the sale of Redevelopment
Agency-owned property located at 310 West Stuart Avenue (San
Bernardino County Assessor's Parcel No. 169-156-13) to Ann L. and
/Z Moloy K. Gupta. On October 19, 1993, the Redevelopment Agency
Advisory Board approved, in principle, this proposed sale agreement; the
sale price was negotiated at $40,000.00. Chairman DeMirjyn declared the
meeting open as a public hearing for any questions or comments.
Mr. Vishwanath More questioned the impact of this sale on the downtown
specific plan and suggested future property sales be done by sealed bid.
There being no further comments, the public hearing was declared closed.
Mr. Foster moved to adopt Resolution No. 232, a resolution of the
Redevelopment Agency of the City of Redlands approving and authorizing
execution of escrow instructions between the Redevelopment Agency of
the City of Redlands and Ann L. and Moloy K. Gupta. Motion seconded by
Mrs. Milson and carried by AYE votes of all present. (Also see City Council
minutes for November 16, 1993.)
There being no further business, the Redevelopment Agency meeting
adjourned at 8:20 P.M. Next regular meeting, December 7, 1993.
Secretary
Redevelopment Agency
November 16, 1993
Page 1