This page is part of your document - DO NOT DISCARD
20081342035 Pages:
007
Recorded/Filed in Official Records Fee: 39.00
Recorder's Office, Los Angeles County,
California Tax: 0.00
Other: 0.00
07/28/08 AT 08:00AM
Total: 39.00
Title Company
TITLE(S) :
LEAD SHEET
Assessor's Identification Number (AIN)
To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown E248971 THIS FORM IS NOT TO BE DUPLICATED
V
RECORDED AT THE REQUEST F
CHICAGO TITLE COMPANY
RECORDING REQUESTED BY
CITY OF REDONDO BEACH
07/28/08
AND WHEN RECORDED MAIL TO
CITY OF REDONDO BEACH
NAME
RECREATION & COMMUNITY SVCS. 20081342035
ADDRESS
320 KNOB HILL AVENUE
CITY &
P.O. BOX 270
STATE
REDONDO BEACH GA 90277
Title Order No.76033500-Escrow No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY This DEED OF TRUST, made June 23, 2008 , between
BEVERLY A. WHITAKER, SURVIVING TRUSTOR AND TRUSTEE OF THE WHITAKER FAMILY TRUST DATED JUNE 18, 1996 herein called TRUSTOR,
whose address is 2522 Robinson Street Redondo Beach CA 90278 (Number and Street) (City) (State) (Zip Code)
CHICAGO TITLE COMPANY, a California Corporation, herein called TRUSTEE, and City of Redondo Beach, a Municipal Corporation herein called BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in Los Angeles County Redondo Beach ,California, described as:
LOT 1 OF BLOCK 38 OF REDONDO VILLA TRACT 2, IN THE CITY OF REDONDO BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGE 101 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Se rusor sitted (RIDER ATTACHED) A.K.A. 2522 Robinson Street
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 $ 43,000.00 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 or her 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
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 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 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 T 365 Legal (12-94)
D/T With Assignment of Rents Page 1
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) are preprinted on the following pages hereof and 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 thereof does not exceed the maximum allowed by laws. he 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 fort Beverlin C. Delitaker
STATE OF CALIFORNIA Signature of Trustor
COUNTY OF Los Angeles _ } S.S.
On before me,
BEVERLY A• WHITAKER, SURVIVING TRUSTOR AND
TRUSTEE ØF THE WHITAKER FAMILY TRUST DATED
a Notary Public in and for said County and State, personally appeared JUNE 18, 1996
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, executed the instrument.
WITNESS my hand and official seal
Signature
(This area for official notarial seal)
food
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D/T With Assignment of Rents
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 per- ormed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; lot 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 rune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not ex mine, 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 pur- poses; 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 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 assign- ed 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 date, Beneficiary does not waive his or her right either to require prompt other sums so secured or to declare default for failure so to pav (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 exten- sion agreement or any agreement subordinating the lien or charge hereof. 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 mav 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 immediatly 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 ourchaser its deed convevina 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.
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 (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 ford 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, suc- cessors, 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.
IN
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D/T With Assignment of Rents
DO NOT RECORD
(9) The 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 CHICAGO TITLE COMPANY
Dated
Please mail Deed of Trust,
Note and Reconveyance to
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconvevance will be made
DEED OF TRUST Chicago Title Company
T 365 Legal (12-94)
DIT With Assionment of Renls
6 RIDER
THE PROMISSORY NOTE SECURED BY THIS DEED OF TRUST CONTAINS THE FOLLOWING PROVISIONS:
THIS NOTE IS PAYABLE, AT THE OPTION OF THE HOLDER, UPON
THE SALE OR TRANSFER OF ALL OR PART OF THE PROPERTY, WHICH IS
SECURED BY THE DEED OF TRUST, WHETHER VOLUNTARY,
INVOLUNTARY OR BY OPERATION OF LAW, OR UPON THE DEATH OF THE SURVIVING SIGNATOR OF THIS NOTE.
This Note is given in consideration for a special Deferred Payment Loan by the City of Redondo Beach, the proceeds of which are from the City of Redondo Beach Redevelopment Agency's Low and Moderate Income Housing Fund. This loan is made for the purpose of assisting in the rehabilitation of the Borrower's real property described in the Deed of Trust of this same date securing this Note. The City of Redondo Beach will not demand payment until the property subject to the Deed of Trust is transferred or sold, whether voluntarily, involuntarily or by operation of law. The Borrowers)shall not encumber the property with any lien that is recorded in a position senior to the loan evidenced by this Note. Borrowers) may repay the entire amount of the loan plus accrued interest at any time without penalty.
Executed at Redondo Beach, California.
signed Yourley 4, Dhaitaler signed.
Beverly A. Whitaker, Surviving Trustor
and Trustee of the Whitaker Family
Trust Dated June 18, 1996
U1
Dated _June 23, 2008 Dated
7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
county of Los Angeles
6 23108 Susan L. BRown notary Public
On. before me,
personally appeared Beverly A. Whitaker
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(st whose name is/ard subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in flie/her/their authorized capacity(ief), and that by His/her/thaif signature(st on the instrument the persons, or the entity upon behalf of
which the person(s) acted, executed the instrument.
SUSAN L. BROWN I certify under PENALTY OF PERJURY under the laws Commission # 1636961 of the State of California that the foregoing paragraph is Notary Public - California true and correct.
Los Angeles County
My Comm. Expires Feb 3, 2010
WITNESS my hand and official seal.
Susan Brow
Signature
Place Notary Seal Above Signature of Notary Publi
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.
Description of Attached Document
Tile or Type of Document: Deed of trust with assignment of rents Document Date: _ Number of Pages:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Beverly A. Whitakesigner's Name:
Individual • Individual
• Corporate Officer — Title(s): • Corporate Officer - Title(s):
Partner - D Limited • General • Partner - • Limited CJ General
RIGHT THUMBPRINT RIGHT THUMBPRINT
• Attorney in Fact OF SIGNER [I Attorney in Fact OF SIGNER 00 Top of thumb here Top of thumb here
Trustee • Trustee
Guardian or Conservator • Guardian or Conservator
• Other: ] • Other:
Signer Is Representing: Signer Is Representing:
Selt
©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
CITY OF REDONDO BEACH
DEFERRED PAYMENT LOAN PROGRAM
PROMISSORY NOTE SECURED BY DEED OF TRUST
(Supersedes Promissory Note
Dated September 8, 2008)
$54,911.00 Borrowers Beverly A. Whitaker
Loan No. DL 2007-28 Date December 15, 2008
FOR VALUE RECEIVED, the undersigned Borrower(s) promises) to pay to the order of the City of Redondo Beach, a public agency, with its principal office at 415 Diamond Street, Redondo Beach, California 90277, the principal sum of FIFTY-FOUR THOUSAND NINE HUNDRED ELEVEN Dollars
($54,911.00), together with interest. Interest on the principal amount shall accrue at a simple interest rate of four percent (4%) per year for ten years on the unpaid principal computed from the date the Deed of Trust is recorded.
This Note is payable, at the option of the holder, upon the sale or transfer of all or part of the property, which is secured by the Deed of Trust, whether voluntary, involuntary or by operation of law, or upon the death of the surviving signator of this Note. The Borrower(s) shall pay in full the total principal amount loaned to the Borrower(s), plus interest, as evidenced by this Note and the Deed of Trust.
This Note is given in consideration for a special Deferred Payment Loan by the City of Redondo Beach, the proceeds of which are from the City of Redondo Beach Redevelopment Agency's Low and Moderate Income Housing Fund. This loan is made for the purpose of assisting in the rehabilitation of the Borrower's real property described in the Deed of Trust of this same date securing this Note. The City of Redondo Beach will not demand payment until the property subject to the Deed of Trust is transferred or sold, whether voluntarily, involuntarily or by operation of law. The Borrower(s)shall not encumber the property with any lien that is recorded in a position senior to the loan evidenced by this Note. Borrowers) may repay the entire amount of the loan plus accrued interest at any time without penalty.
Payment shall be made in lawful money of the United States. Should default be made in payment when due and action is instituted on this Note, the undersigned promises) to pay all reasonable costs and expenses, including, but not limited to, reasonable attorney's fees.
This Note is secured by the Deed of Trust executed this date and covering the real property therein described.
Executed at Redondo Beach, California.
Valetabe wincing brutar + buster)
Signed everleu Dated December 15, 2008
Beverly A. Whitaker, Surviving Trustor and Trustee of
the Whitaker Family Trust Dated June 18, 1996
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
county of Los Angeles
Beverly A. WhitakeR
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(o) whose nameld) is/ate subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorizea capacity(ies), and that by bis/her/their signature(s) on the J. ESPINOZA instrument the person(s), or the entity upon behalf of Commission # 1799056
Notary Public • Callfornia which the persons) acted, executed the instrument.
Los Angeles County
My Comm. Excres May 25,2012 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Signature
Place Notary Seal Above
- 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.
Description of Attached Document
Tite or Type of Docunont Promissory Note Secured by Deed of Trust December 15, 2008 _ Number of Pages: 82
Signer(s) Other Than Named Above: NoNe
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Individual • Individual
Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner — • Limited • General • Partner - • Limited • General Attorney in Fact • Attorney in Fact
Top of thumb here Top of thumb here
• Trustee • Trustee
• Guardian or Conservator • Guardian or Conservator
• Other: • Other:
Signer Is Representing: Signer Is Representing:
©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827