Loading...
HomeMy WebLinkAboutD-1228 Gudel Property/S. Of Prado Between S. Higuera/Creek Recorded 04/05/1985t "Escrow No. SLO 833399 HL Loan No. RECORDING REQt1ESTED BY: FIRST AT4,ERICAN TITLE INSURANCE COMPAIT WHEN RECORDED MAIL TO: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401' Attn: Anne Russell DOC. NOO111 .'7 OFFICIAL RECORDS SAN LUIS OBISPO CO.; CA APR 5 1985 Count DEED OF TRUST WITH ASSIC (This Deed of Trust contains an a This DEED OF TRUST, made this 3rd day of April, 1985 WILLIAM KIELY and AUDREY FUREY, husband and wife: whose address is P.O. Box 1098 San ui s Obispo, L 0 spo, G (Number and Street) FIRST AMERICAN TITLE INSURANCE COMPANY, to ween /_7q TOR, City of San Luis Obispo, a chartered municipal corporation of the WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the San Luis _Obispo County of San Luis Obispo y and �IZ /Sht.rein calledW NI AHY, , State of California, described as: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "Aft If the trustor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested of his title or any interest therein in any manner or way. whether voluntarily or involuntarily, without the written consent of the beneficiary being first had and obtained, bene- ficiary shall have the right, at its option, except as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable. Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Benefi- ciary to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of $ 340 , 000 . 00 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustar, payable to order of Beneficiary, and extensions or renewals thereof, and (2) the performance of each agreement of Trustor incorporated by reference or contained herein (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. and it is mutually agreed that each and all of the terms and provisions set forth in subdivision 8 of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in the book 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 R iverside 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 1693 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 sub- division A and B, (identical in all counties, and printed on the reverse side 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. I STATE OF CALIFF� O N A D y�17 )ss COUNTY O O - l9 before me, the undersigned.a Notary Public in and for said St te, per- sonally appeared �• ���-`� 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. WITNESS rdy hand a official seat. Siynat IiOLLY 1,0SOf -I IIIJTAF.Y PlIBi.IC S.111 Lf113 10TISPO C04 "47y r•;• " CAtIFQ,n,,c.l My Commission Expires on Soptcmbor 5.1987 Z (This area for official notarial seal) rr�� i. 1 1 92 16/82) `. VO! �,U I J nNr,E 5 U U N O 1 RECORD I,uS, ItJOILlet rl 11. .0 . u P r I OI s b I poi . thereof as if set forth at length therein. A. To pits _,.: t tl t security of this Lieed of Tru *stor 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 buildingwhich 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 tocommit, suffer or pe.•mit 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 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 Bene- ficiary 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 such 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 incumbrances, 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 pro- ceeding 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 reason- able 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 moneys received by him in the some 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 jgin 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 recortveyance 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 in- debtedness 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 prof- its, including those pastdue and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebted- ness 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 re- quired 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 par- cels, 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 with- out 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 pro- ceeds 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, wi thou tconveyance from the Trustee predecessor, succeed toall 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. (B) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and as- signs. 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 party 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, to- gether 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 t.eld by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destrov this Deed of Trust OR THE NOTE' which it secures Both Hurst be delivered to the Trtestee %ar cancellation before' recotwerance will be made V 1 LU J N V (U V LL V C F— O `' i N to C w w � I]C W Z E D (n fD 0- In Q S E tY a O U LU ble C W 3 U- I- 0 0 EXHIBIT "A" That portion of Lots 13 and 14 of the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, as per survey there recorded in Book 1, Page 92 of Record of Surveys, in the office of the County Recorder of said County, described as follows: Beginning at a point in the Southeasterly line of said Lot 14 that is distant thereon South 26 015' West, 180 feet from the Northeast corner of said Lot 14; (said point being the Southeast corner of 'the land described in the deed to Victoria Duchi recorded in Book 66, Page 312 of Official Records) thence North 64 °05' West along the Southwesterly line of the land described in said deed 180 feet to teh Southwest corner thereof; thence North 25 °55' East along the Northwest line of the land described in said deed 178.90 feet to the Norther; corner thereof, and being a point in the Northeasterly line of said Lot 14 that is distant thereon North 64 005' West, 182.78 feet from the Northeast corner of said lot; thence North 64 005' West alono said Northeasterly line of Lot 14 a distance of 939.22 -eet; more or less, to the most Northerly .corner of said Lot; thence Southwesterly along the North- westerly line of.said Lot 14 to an angle point therein; (said angle point being also the most easterly corner of Lot 10 of said tract) thence continuing Southwesterly along said Northwesterly line of Lot 14 to the Most Westerly corner of said lot; (said corner being the intersection point of the Northwesterly line of Lot 14 with the Northeasterly line of Lot 13) thence North 64 005' West along the Northeasterly line of Lot 13 a distance of 66 feet, more or less, to the Northwest corner of said Lot 13; thence South 26 °15' West along the Northwesterly line of Lot 13 a distance of 92.40 feet to a point; thence South 64 °05' East parallel with the Northeasterly line of Lot 13 a distance of 894.67 feet to a point that is distant North 64 005' West along the Southwesterly line of the lands describe .in the deeds to Hagop Kuden and Victoria Kuden recorded in Book 88, Page 176 of Official Records, book 184, Page 60 of Official Records, and in Book 353, Page,208 of Official Record and the Northwesterly prolongation'of said Southwesterly line, 425.33 feet from the. Southeasterly line of Lot 13; thence North 25 °55" East, 92.40 feet to a point in the Northeasterly line of Lot 13; thence South 640 05' East along said line 100 feet to a point in the Northwesterly line of the land described in the deed recorded in Book 353, Page 208 aforesaid; thence North 25 055' East along said Northwesterly 7.60 feet to the Northwest corner of the land described in said deed; thence South 64 005' East along the Northeasterly line of the lands described in said deeds recorded in Book 353, Page 208 of Official Records and Book 184, Page 60 of Official Records a distance of 140 feet to the Northeasterly corner of the land described in said deed recorded in Book 184, Page 60 of Official Records (said corner being also a point in the Northwesterly line of the land described in the deed recorded in Book 88, Page 176 aforesaid); thence North 25 055' West along said Northwesterly line of the land so described in said deed recorded in Book 88, Page 176 a distance of 75 feet to the Northwest corner thereof; thence'South 64 °05' East along the Northeasterly line of the land so described in said deed recorded in Book 88, Page 176, a distance of 188.03-feet, more or less, to the Northeast corner thereof, and bei.ng a point in the Southeasterly line of said Lot 14;•thence North 26 015' East along said Southeasterly line of Lot 14, a distance of 68.12 feet, more or less, to the point of heginnina. EXCEPTING therefrom that portion granted to Armrel Beecham, et al, by deed recorded March 29, 1973 in Book 1717, Page 268 of Official Records. ALSO EXCEPTING therefrom that portion granted to The Fraternal Order of Eagles by deed recorded July 5, 1977 in Book 1992, Pag a 435 of Official Records. v0! 2 L%.v r „!,t t;,,i, .