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P-400 (2) ------.-- -...-.--- -..: - .-.- --.-.------. -:---...- ------:.-. -.---..---..- -.------.- UPON RE~ORDATION PLEASE RETURN TO DEED 400 I Ci t1 tlei,'k' (, ' 88- 352333 '1685 Main St. < Sari~a ~onica, CA 90401 . GS:SES:DA:ha city Council Meeting: February 23, 1988 Santa Monica, CA RESOLUTION NUMBER 7564(CCS) [FREE 0] (City council Series) I 4 -1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE AND RECORDATION OF EASEMENTS FOR SIDEWALK PURPOSES AND A RELEASE OF INCORRECT EASEMENTS AT l501 26TH STREET AND 1501 CLOVERFIELD, IN THE CITY OF SANTA MONICA, CALIFORNIA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. In conjunction with development of real property located in the City of Santa Monica ("City") , Santa Monica Municipal Code Section 7164 requires property owners to provide certain public street and access improvements, including, but not limited to, curbs, sidewalks, and intersection ramps, and to dedicate rights of way in favor of city to accomodate such public improvements. SECTION 2. The required public improvements and rights of way thereto are deemed necessary to assure availability of proper access and to prevent congestion and other hazards related to the use and development of 1510 26th Street and 1501 Cloverfield, Santa Monica, California ("the subject property") . SECTION 3. The subject property must comply with the development conditions and requirements set forth in Santa Monica Municipal Code section 7164. RECORDED IN OFFICIAL RECORDS 1 RE.CORDER'S OFF1CE . LOS ANGELES COUNlY CAUFORNJA 4 MIN, 8 A.M. MAR 16 1988 PAST, . j I . ------.-..- .. -..-.,.. , .~, , . < t ~ - SECTION 4. SoPac Development Co. ("Sopac") , a California corporation, as the Owner of the subject property has executed two (2) grant deeds granting to the City two (2) easements for sidewalk purposes over those portions of the subject property more fully described in the legal descriptions and drawings attached to said grant deeds as Exhibits "E" and "H" and Drawing Nos. 4404 and 4405. Copies of said grant deeds, Drawings, and Exhibits thereto are on file in the City Engineer's Office, City Hall, Santa Monica, California. SECTION 5. The grant of such easements by SoPac is hereby approved and the City Manager is authorized to accept such easements and record the grant deeds with the Los Angeles County Recorder's Office. SECTION 6. On October 12, 1987, SoPac executed certain Corporation Grant Deeds relating to the two (2) sidewalk easements being granted to the City (the "Initial Easement Deeds") . The Initial Easement Deeds were recorded in the Official Records of the County of Los Angeles, State of California on October 13, 1987 as Instrument Numbers 87-164l946 and 87-1641947. section 7. The legal descriptions of the sidewalk easements intended to be conveyed to the city set forth on the Initial Easement Deeds were incorrect. 2 88- 35233:1 . ___..n..___ ...---- , .. , ,. . - . , , .. , . .... - SECTION 8. The release of such incorrect Initial Easement Deeds is hereby approved and the city Manager is authorized to accept the attached Release of Easements and record the release with the Los Angeles County Recorder's Office. SECTION 9. The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~~ ROBERT M. MYERS' City Attorney .. 3 88-- 35238:1 - - --..--.--.-..--.-.---.-.--- -..- .-.. -.-----..--.-- -.-.-.-.. ... ---..-----.-------------.-- --.. ~ , , .. .. 1 , I < ) , .. - Adopted and appr bruary, 1988. I hereby certify that Resolution No. 7564(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on February 23, 1988 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Ka t z , H. Katz, Reed, Zane, Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent-: Councilmembers: None ATTEST: ~/u~~~ AC~ City Clerk <3~ - ?J~-J8303 . ,-- " I , . " -~ < 88- 352332 , " - Recording Requested by and When Recorded Mail to: Santa Monica Building & Safety Department 1685 Main Street, Room III -Sf, Santa Monica, California 90401 r FI~EE 9J RELEASE OF EASEMENTS 4 This RELEASE OF EASEMENTS is executed by THE CITY OF SANTA MONICA, a municipal corporation (the "City"), and SOPAC DEVELOPME~T CO., a California corporation ("SoPac"), with reference to the following facts: A. On October 12, 1987, SoPac executed certain Corporation Grant Deeds relating to sidewalk easements being granted by SoPac to the City (the "Initial Easement Deeds"). The Initial Easement Deeds were recorded in the Official Records of the County of Los Angeles, State of California on October 13, 1987 as Instrument Numbers 87-1641946 and 87-1641947. B. The legal descriptions of the sidewalk easements intended to be conveyed to the City set forth on the Initial Easement Deeds were incorrect. C. At the request of the City, Sopac has executed revised Corporation Grant Deeds setting forth accurate legal descriptions of the easements intended to be conveyed and such deeds are being recorded concurrently RECORDED IN OFfICIAL RECORDS RECORDER'S OFFICE !.OS ANGELES COUNlY CAUFORNIA ... :;.~~, 8 A,M. MAR 16 1988 -.- ), , . : ----....-.. -,. . J. , . '. r . . - herewith. SoPac and the City wish to release the easements granted in the Initial Easement Deeds in order to correct the records. NOW, THEREFORE, the City and SoPac mutually agree that the sidewalk easements granted in the Initial Easement Deeds are hereby released and shall be of no further force or effect. Such sidewalk easements have been granted by Sopac to the City under new Corporation Grant Deeds being recorded concurrently herewith and the easements set forth in such new deeds are intended to be the operative easements. Dated: January ~, 1988 Approved as to form: THE CITY OF SANTA MONICA €~ ~ "~i~a"'>"""'. J~- ~,(. . '<.;'~ ~ City Attorney . City Manager 88- 352332 [058:easel7lentrl] . ----....----- ----...-------------.-..- . , . '0 . { . . - STATE OF CALIFORNIA, ) ) SSe COUNTY OF LOS ANGELES ) On February~, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared r ~OiQL , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the City Manager of the City of Santa Monica, the political subdivision that executed the within instrument and acknowledged to me that such political subdivision executed the same. WITNESS my hand and official seal. (SEAL) OFFICIAL SEAL dM?Yr;.;s.~ GRANT T. BURTON Notary Public-Callfomia LOS ANGELES COUNTY Notary Public i~nd for said State My Comm. Exp. Dec. 30, 1991 0flMf T &GfLT();J 88- 352332 FORMS:CORPIOO ( Individual) . ---- ---.-.- -- . , , , I /' . < -:. - STATE OF CALIFORNIA, ) ) SSe COUNTY OF LOS ANGELES ) On January \~, 1988 before me, the under- signed, a Notary Public in and for said County and State, personally appeared Robbie E. Monsma and Barbara S. Tell, personally known to me, or proved to me on the basis of satisfactory evidence to be, the Senior vice President and the Assistant Secretary, respectively of the corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolu- tion of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL JEANNIE lEON NOTARY PUBLlC.CALlFORNIA '- PRINCIPAL OFFICE IN (SEAL) '" 1"0f'''' LOS ANGELES COUNTY My Commission Expires July 29, 1991 -V State 88- 352332 FORMS:CORPI09 (Corporation) . 1 .. RECORCING REQ\JESTEC BY ... I "'; 'I 88- 352334 AND WH€N AECORDED MAIL THIS DEED AND, UNLESS RECORDED IN OFFICIAL RECORDS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: ,. N<MElSanta Monica Build ing a;J RECORDER'S OFACE LOS ANGELES CQUN1Y sTREETSafety Department CAUFORNIA AooREss1685 Main St., Room III MIN. A.M. MAR 16 1988 CITY. Santa Monica, CA 90401 4 8 STATE i ~ PAST. ZIPL- LFREE OJ Title Order No.. __.m . ______,... Escro\v No.............--. This space for Recorder's use -g Corporation Grant Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) 0 This is a conveyance of DOCUMENTARY TRANSFER TAX is $ o __unincorporated area 0 City of an Easement and the Parc'el No consideration and value s les!'. o computed on fllll value of property conveyed, or than $100, R & T 11911. o computed on fulJ value Jess value of liens or encumbrances remainin~ at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SoPac Development Co. a California Corporation hereby GRANT (S) to "The City of Santa Monica" the following described real property in the County of Los Angeles , State of California: A non-exclusive easement for sidewalk purposes as fully described on Exhibit IIH" attached hereto and incorporated herein by this reference. SoPac Development Co., Dated ~ V\ lW-i'y \~I \ ~ ~'6 :yca~~;~:=-__ . STATE OF CALIFORNI~e..\ ~ SS. Title: 5r., ;/U~~hU/J1~A~ COUNTY OF ~'O, e.s. On Jo..'4\ \.J,,().. >{'-~ \ '-. \ 'l. '8'8' before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robbie E. Monsma Sen~or . known to me to be tb"'v'ice _President, an~ !3a rhil r A 'J'F'1 1 , known to me to be Assistant: Secretary of the corporation that executed the \vithin Instrument, and acknowledged to me that :iuch corporation executed the within instrument pursuant to its by~laws or a resolu- OFFICIAL SEAL tiOD of its hoard of directors. JEANNIE LEON NOTARY PUBLlC.CALlFORNIA PRINCIPAL OFFICE IN Signature lOS ANGELES COUNTV My Commission Expires July 29. 1991 (Space aL>ye for official notarial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State 2462 . ......- --..-.-...-...-.-.... -.-...----.- ," " \ ~ I , . , . EXHIBIT "H" , , - That portion of Lot 3, Tract No, 14511, in the City of Santa Monica, County of Los Angeles, State of California, as per map recorded in Book 302, Page 50, of Maps, in the Office of the County Recorder of said County, being more particularly described as follows: The Point of Beginning being a point on the Northwesterly lin~of said Lot, said point being distant 26.00 feet in a Northeasterly direction from the Westernmost corner of said Lot; thence North- easterly a distance of 2.00 feet along said Northwesterly line; thence Southerly a distance of 16.97 feet to a point in a line parallel with and distant 16.00 feet Northeasterly from the South- westerly line of said Lot, said point being distant 12.00 feet Southeasterly from the Northwesterly line; thence Northwesterly along said parallel line a distance of 2.00 feet; thence Northerly a distance of 14.14 feet to the Point of Beginning. 88- 352334 ,. ;r .. .'. I .~ , RECORDING RE<?UESTEO BY 352335 . 88- . ANO WHEN RECORDED MAIL THIS DEED AND. UNLESS RECORDED IN OFFICIAL RECORDS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: RECORDER'S OffICE NAMOfSanta Monica Building an LOS ANGELES COUI'-nY CAUfORN/A STROET Safety Department MIN. A.M. MAR 16 1968 AOORO'. 168 5 Ma in St. , Room III 4 8 CITY, Santa Monica, CA 90401 ~ PAST. ST~~;L Thi. .pace fa, Retarder,.tr.REE Ou Title Order No........ .............. ... Escrow No......................... Corporation Grant Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) 0 '!'his is a conveyance of DOCUMENTARY TRANSFER TAX is $ EaSEment and the consider ion o _unincorporated area 0 City of and value is less than Parcel No $100, R & T 11911. o computed on full value of property conveyed. or o computed on full value less value of liens or encumbrances remaining at time of salel and FOR A VALUABLE, CONSIDERATION, receipt of which is hereby acknowledged, SoPac Development Co. a California Corporation hereby GRANT(S) to "The City of Santa Monica" the following described real property in the County of Los Angeles , State of California: A non-exclusive easement for sidewalk purposes as fully ds~cribed on Exhibit "E" attached hereto and incorporated herein by this reference, Dater! JJ ~ UR\~ \d. I l q 815 STATEOFCALlFO~A ~e}e } SS. COUNTY OF S ~ On t~ t:6 \2"t\.... day of ~h,^-UA.('--"1 ,in the year ~ ~ . before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robbie E. Monsma personally known to me (or proved to me on the basis of satisfactory evidence) to be the Senior Vir.e President, and Barbara Tell personally known to me (or proved to me on the basis of satisfactory OffiCIAL SEAL evidence) to be Assistant JEANNIE LEON Secretary of the corporation that executed the within Instrument, and NOTARY PUBllC-CAlIfORNIA acknowledged to me that such corporation executed the within instru- . PRINCIPAL OfFICE IN ment pursuant its by.laws or a resolution 0 's bO<!!:d of directors. .. I''''' LOS ANGELES COUNTY Signature My CommiSSion Expires July 29, 1991 ( Space aL~ve for official notarial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State 1-102 REV.6163 PRINTeo . ... ..-...-.-..-.-...--.--... '--...,..-'--"- .--.--.....- ----.-. ---..-.. ..- .-------.-...---. .'. .... (. ... ,_, . d . , l' " . , " EXHI BIT "E" THAT PORTION OF ~OI4, TRACT NO, 9774, IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 140, PAGES 64 THROUGH 66, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT: THENCE, SOUTH 44047'00" EAST, 8.00 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT TO THE TRUE POINT OF BEGINNING; THENCE, SOUTH 4~47100" EAST, 289,31 FEET; THENCE NORTH 47036112" WEST, 182,93 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT SOUTHWESTERLY 9.00 FEET FROM SAID NORTHEASTERLY LINE; THENCE, NORTH 44047 I 00" WEST, 84,62 FEET ALONG SAI D LI NE TO THE BE- GINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 30.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89P58'00", A DISTANCE OF 47.11 FEET TO A POINT OF CUSP, SAID POINT BEING IN THE NORTHWESTERLY LINE OF SAID LOT 4; THENCE, NORTH 45015'00" EAST, 35,98 FEET ALONG SAID NORTHWESTERLY LINE TO A POINT, SAID POINT BEING 3,00 FEET FROM THE NORTHERLY CORNER OF SAID LOT; THENCE, SOUTH 6!?20107" EAST, 8,55 FEET TO THE TRUE POINT OF BEGINNING. . '. 88- 352335 , __u_ , , - S' , ' . " / J ~~NOTTD~ J: L I-~ tt .~ BROADWAY ,. + '0 ._t, oS ~ '0 "" .' ~ I '" 0 30' ~' 10 POR. LOT3 LOT 2 ',(. , I~ TR. NO. 14511 TR. NO. 14~" 10 I I~ 8K. 302.-00 6K :3O'Z - 50 - - I!l ::! d I~ ~ ~ CO I:J - .IJJ ~ 6 I I~ ...J 0 ~ ..J W I iL I a:: w PaR. LOT 4, > I 0 TR. NO. 14511 ..J u I I 88- 352334 t\."""",,'t DENOTES AF\EA TO e.e 4RANTEO FOR' SIOEWA(..K EASE-W\E:N"T. p. O. r.'o. f"t)INT or ee.GINN IKG OCTOeeR. 5, ''"'07 RECOmMENCED FOR ADOFifiON DEPARTMENT OF ENGINEERING CITY OF SANTA MONICA - "1. 1- 198b (!;C("A.:i) € 4~ PROPOSED GRANT OF SIDEWALK EAc)EMENT STREET SUP(RINTEN NT AT CLOVERFIELD AND BROADWAY ACCEPTED FOR FIL.INO FOR THE CITY COU,N.CIL. OF HE OilY OF ~TA ~'CA ,7-d'-' REFF, DWG, ATL.AS SHT. NO, ' [L . .. ,6n^ ,,~ QWG, BY DW 4405 ~ITY CL.ERK CHI(, BY CW , . . , .3 ~ . . .. , - .~ : , - .3, I I, ~o 30' 3(j "8 l!i cO b . uJ BROADWAY o " 'q ~ 8 "2 - I ~+ N 41!>-IS'OO" E ~ . ~ ~.oO" ~ N 45- I!>' ClO"E: '<t 5~C!l . tl 1::1.- a~.:)O' 00" R- 30' I.. - 47.11' T · Z :l.C!J8' N44-41'OO"W 64.(",2' POR. LOT 4 TR. NO. ~714 BK 140 - ftJ4/fDf.r1 N 41. ?JI.'IZ" W 162.~3' t-= (J) / j: U) ~ TO &ALE ('oJ 30' :x> bO' ~ '2 - + c COLORADO BLVD. ~ r- r/ / //./1 OcNOTE:5 ARE:A. TO BE: ",RANTED FOR S! DE:\NALK E:A5E:ME:NT pO.e. PO I "-iT OF BE:C!l1 N N I NG OCTOBER 5. /-!)O7 I RECOMMENDED FOR ADOPTION DEPARTMENT OF ENGINEERING CITY OF SA~~T.~ MON!C~ l - 1- 'L zaB ~P\ [ J.^v1)v PROPOSED GRANT OF SIDEWALK EASEMENT STREET SUPERiNTENDENT AT 26 TH STREET AND BROADWAY ACCEPTED FOR FILING FOR THE CITY COUNCIl. OF ;(TH~CI"'jY OF REFF. DWG. SANTA NICA ' ~ 2- f Llrtd8~ ATl.AS SHT. NO, TY CLERK QWG, BY DW 4404 CITY ENGINEER CHK, BY..Je6 . - . ------- ---- .-.--....--... .. , M E M 0 RAN DUM HOUSING DIVISION COMMUNITY DEVELOPMENT DEPARTMENT CITY OF SANTA MONICA DATE: March 30, 1994 TO: Ralph Bursey, City Treasurer FROM: Paula Burrier, Housing and Redevelopment Manager ~ Johanna Gullick, Senior Development Analyst SUBJECT: Transmittal of original Document Promissory Note for a TORCA Shared Appreciation (SAM) Loan at: 2033 Euclid Street # 10, Santa Monica 90405 Borrower: Carol Lynn Morris Loan Number: SAM 01-94 and Transmittal of certified copies of: Deed of Trust and Request for Notice for same Loan Attached is an original Promissory Note and certified copies of the Deed of Trust and Request for Notice for the above mentioned loan made through the TORCA Shared Appreciation Loan Program for 2033 . Eucl id Street, #10, Santa Monica for safe keeping in your document safe. Please confirm your receipt of these originals and transmit any file number Treasury may use in storage of this document. Please call Johanna Gullick at xt 8702 if you have any questions regarding this matter. Thank You. cc: Mike Dennis, Director of Finance City Clerk's Office JMG:wpfiles\TORCA\origmem.2 ----'.-" 1 [)~ --#'.,' 'f v 0 . IF , RECORDING REQUESTED BY , AND WHEN RECORDED MAIL TO: City of Santa Monica 1685 Main Street, Rm. 212 SantA Monica, CA 90401 Alln: Housing & Redevelopment Mgr. CITY OF SANTA MONICA OFFICIAL BUSINESS (Document entitled 1 10 free recordation pursuant to Gove';'ment Code Section 6103) No TAX Due SPACE ABOVE TillS LINE FOR RECORDER'S USE LOAN NO. SAM 01-94 DEED OF TRUST TORCA Shared Appreciatioll LOrlll l'rogram THIS DEED OF TRUST is made this ---1Ldayof MARCH ,19~, among the Truslor, CAROL LYNN MORRIS (herein "Borrower"), Chical!.o Title 'Company (herein"Trustee"), and the Beneficiary, City of Sanla Monica. a Charier City organized and existing under Ihe laws of the State of California, whose address is c/o Housing and Redevelopment Division. 1685 Main Street. Room 212. Santa Monica. CA 90401 (herein"Lender"). BORROWER, consideration of the indebtedness herein recited and the trllst herein created, irrevocably granls and conveys. to Truslee, in trllst, with power of sale, the following 'described property located in the County of LOS ANGELES , State of California: AS PER LEGAL DESCRIPT~ON ~1ARKED EXHIBIT "A" ATTACHED HERETO AND MADE A PART'HEREOF CONSISTING OF 1 PAGE. APNI 4284-033-021 DEED OF TRUST RIDER ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 2033 EUCLID STREET 110 , SANTA MONICA , 90405 (Street) (City) California (herein "Property Address"); (Zip Code) TOGETHER with al\ the improvements now or hereafter erected on the property, and all easements, righls, appurtenances and rents (subject however to the rights and aUlhorities given herein to Lender 10 collecl and apply such renls), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold eslate if this Dced of Trust is on a leasehold) are hereinafter referred to as the "Property"; TO SECURE 10 Lender Ihe repaymenl of Ihe indebledness evidenced by Borrower's nole dated MARCH 22, 1994 and exlensions and renewals Ihereof (herein "Note"), in the principal sum of U.S. $ 58,900.00 FIFTY EIGHT THOUSAND NINE HUNDRED AND NO/IOO DOLLARS , with interesl thereon, Ihe payment of all other sums, wilh interest thereon, advanced in accordance herewilh 10 protect Ihe security of this Deed of Trust; and the performance of Ihe covenants and agreements of Borrower herein contained. Borrower covenanls thai Borrower is lawfully seized of Ihe esla(e hereby conveyed and has the right to grant and convey Ihe Properly, and that the Property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the tillc to the Properly against all claims and dcmands, subject to encumbrances of record. 1 . t~e and exact UNIFORM COVENANTS. Borrower and Lendet tmree~~4~ffl~,~'~~".ows: 1. Payment or Principal and Interest. 4M\'k8~r~ ~~lllp8y pay_whcn due the principal and interest indebtedness evidenced by thc NoWlnWlm~ i ges as' r~,v,jg. <.I)n the Note. EM- 1 LOAN NO. SAM 01-94 . , 2, Funds for Taxes and Insurance. Subject to applicable law or written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any all as reasonably estimated initially and from time to time by Lender on the basis of assessment and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments to the holder of a prior mortgage or deed of trust if such holder is an insitutional Lender. Said payments shall be made on the first day of each month commencing on MAY 1ST, 1994 If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits .Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that interest to be' paid, Lender shall not be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates"of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either prompLly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Deed of Trust, Lender shall prompLly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the property)Or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 3, Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall payor cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 4, Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by lire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that s",ch ap)Jfoval shall not be unreasonably withheld. All insurance policies and renewals'"thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. I~e~ce~fij~at t~is n true and exact 5, Preservation and Maintclllmce of Propcc " :- ~~" ~iil w~~iniums; Planned Units Developments. Borrower shall keep the pr~,r~~.:!~ci4jl, I~p~d---shall not commit waste or permit impairment or deterioration of the roper. and hall. ~I~(wlt~ the Dv.: . . LOAN NO. SAM 01-94 , , provisions of any lease if this Deed of Trust is on a leaseh~ld. If this Dt:ed of Trust in on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants ~reating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 6. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect Lender's interest. Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 6, with interest thereon, at the Note rate, shall become additional ind(jbtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from lender to Borrower requesting payment thereof. Nothing contained in this paragraph 6 shall require Lender to incur lll1Y expense or take any action hereunder. 7, Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 8, Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with anyrcondemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. 9, Borrower Not Released; Forbearance By Lender Not a Waiver. ExtnDl of the time for payment of modification of amortization of the sums secured by this Deed of Trust. granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 10, Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property of Trustee under the terms of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and ~c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower of modifying this Deed of Trust as to that Borrower's interest in the Property. 11. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower, Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed ,of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 12, Governing LaWj Severability. The state ~~d 1~9.a\~A't~d'lpmif;:elJl~lO:;:tbi~ Deed of Trust shall be the laws of the jurisdiction in' #1ifCij JR~' Pm~~r~Yd~ f l\~ellted. The foregoing sentence shall not limit the applicability of Fed~f.~f :~~w11t::~~11' peect of Jrust. , In the event that any provision or clause of this Deed of Trustlo'r' tlie" 'ote nfiict8""With03 ficable" law, such conflict shall not affect other pro~isions of thUiP. ~.' coiiTficiS LOAN NO. SAM 01-94 . wilh applicable law, such conflict shall not affect provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 13. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or arter recordation hereof. 14. Rehabilitation Loan Agreement. Borrower shall fullill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 15, Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 11 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 dllYS from the dllte of notice is mailed to Borrower, by which such brellch must be cured; and (4) that failure to cure such breach on or before the .date specified in the notice may result in llcceleration of the sums secured by this Deed of Trust and s'nle of the Properly. The notice shall fnrther inform Borrower of the right to reinstllte after acceleration llnd Ihe right to bring a court action to asserl the nonexistence of a default or any olher defense of Borrower to llcceleration and sale. If the breach. is not cured on or before the date specined in the not ice, Lender, at Lender's option, may declare llll of the sums secured by this Deed of Trust to be immediately due and payable wilhout fmiher demand llnd mllY invoke the power of sllle and acceleration of the sums secured by this Deed of Trust and sale of the Properly. The notice shall furlher inform Borrower of the right to reinstllle llfler acceleralion and the right to bring a court action to assert Ihe nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is nol cured on or before the date specined in the notice, Lender, at Lender's option, mllY declare llll of the Slims secured by this Deed of Trust to be immedialely due and pllyable wilhoul furl her demand and mllY Invoke the power of sale and olher remedies any other remedies permitted by applicable law. Lender shall be entitled to colleel all reasonable costs and expenses incurred in pursuing the remedies provided in this paragmph 15,lnchtding, but not limited to, reasonable altorney's fees. If Lender Invokes the power of sale, Lender shall execule of cause Trustee to execute a written notice of the occurrence of lln event of defaullllnd of Lender's election to cause the Properly to be sold and shall Clluse such notice 10 be recorded in each county in which the Properly or some part thereof is located. Lender or Trustee shall mail copies of such notice In the manner prescribed by llPplicllble Ill\\', Trustee shall give pubic notice of sllle to the persons and in the ma.nner prescrib~d by applicllble IllW, After the lapse of such time as may be required by applicable Illw, Truslee, withoul demand on Borrower, shall selllhe properly at public auction 10 the highest bidder llt the time a place and under the terms designated in the notice of sale in one or more pllrcels llnd in sllch order as Trustee may detemline. Trustee may poslpone sale of all or llny parcel of the Propeliy by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchllse the Propeliy llt any sllle. Truslee shall deliver to the purchaser Tmstee's deed conveying the Propeliy so sold withoul any covenant or warranty, expl'essed or implied, The recitals In the Truslee 's deed shall be primo facio evidence of Ihe truth of the sllllel11ents made therein. Trustee shallllpply the proceeds of the sale in the fpllowing order: (a) 10 llll reasOllllble cosls and expenses of Ihe sllle, includingj bul nollimited to, reasonllble Truslee's and llltorney's fees and cosls of title evidence; (b) 10 llll SUI11S secured by Ihis Deed of Trusl; llnd (c) the excess, if any, to the person or persons legally enlilled Iherelo, 16. Borrower's Right to Reinslate, NotwithslandiJ.lg k<<;n11er;M~tM.!~r,~\j.p<!t:!?~~he sums secured by ~hjs Deed of Trust due to Borrower'~I~f?~I\ftfdtt~~~~nS8~lS~il:~e the righ,t to have any proceedmgs begun by Lender to enforce thlsJ?e~~, or..f~usY dlsco~ at any tIme prior to five days before sale of the Property pursuarlt~tb'lI\'e\~owei- of sa~~ i~ this Deed of Trust or at any time prior to entry of a jlldgl!;'.f;",t, J:J1I: . 1) ,.f mf;'(li.) '- LOAN NO. SAM 01-94 . ,Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in en forcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 15 hereof, including, but not limited to, reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Tnlst, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in .full force and effect as if no acceleration had occurred. 17, Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect and r~tain such rents as they become due and payable Upon acceleration under .paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 18, Reconveyance, Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and rithout charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 19, Substitute Trustee. Lender, at Lender's option, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county where the Property is located. The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the name and address of the successor trustee. The successor trustee shall, wi thout conveyance of the Property, succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law, This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 20. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address which is the Property Address. Lender requests that copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust be sent to Lender's address, as set forth on page one of this Deed of Trust, as provided by Section 2924(0) of the Civil Code of California, 21. Statement of Obligation. Lender may collect a fee not to exceed $50 for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. 22, Deed of Trust Rider. The Deed of Trust Rider executed by Borrower is attached hereto and made part of this Deed of Trust. 23, ^"orney's Fees. If any default is made hereunder, Borrower further promises to pay reasonable attorney fees and costs and expenses incurred by the Lender in conneclion with any such default or any olher action or other proceeding brought to enforce or inlerpret any of the provisions of this Deed of Trust. The Lender's right to such fees shall not be limited to or by Us representation by staff counsel. If Lender is represented by staff counsel such representation shall be valued at customary and reasonable rales for comparable private sector legal services. ~ . I.I~~... i"""" td~" :::--~J 0'J-t:~ ~,:;:;::',,~~',:;;;"::'~~I \',~;~ riG!: ,c'~;1~ "I C{1JC---..- n.., I t -/J.~ i-T _____h -NO SAM 01-94 ---- - LOAN . --. ) o BORROWERS: .. All spaces shall be NOTICE T . b'"k 'p'''''. R'der if it con tams . eed of Trust 1 Do not sign this D . I ted before you sIgn. comp e I IV'k 1/~ , 1/4 :I ~;f?l Date BorrowrYNN MORRIS ' CAROL Date Borrower Date Borrower I ("All. Purpose" Acknowledgment) STATE OF CALIFORNIA COUNTY OF ~ f "" ~ZhrJ~,,~~. ''''" '.'''M... ,"".,,," "_~'. .,,~ ..... N.,"" "'''''). ~_ ~~.~~",.o~". C. L (. 1h'^NJ w 15 -- :r -~'''' '-. '" - ,. 0'" '" _ .. "'" 0.", "_,,"". ..,..~) '" . .. ~",.,.) .,,~ _.) "'" ..."..., '" .. ~ .. ."... '~ru_..~ .'"..,~'"'.. _ ,~, >d,,,,,, "'."'~ ,."_ "_,"'., ~""" "~'){'"')... """ ;; ., ...."',..".~,,=(.) ~.. ..,,"=. ,. ~"'"(.).",,, ~"..... ..."., .",. ,. """".) ""'"-... ,~-. J ~'^" @ OFFICIAl SEAL I ?----t: -, NoTARY PUBLIC-CAliFORNiA OCt~" '. BARBRA TEAGUE " ~, LoS ANGELES COUNTY ~ [ My CommissIon Expires Oct. 31, 1~95 , .. (Seal) This certificate must be allached to: Tille or type of document: Number of Pages: ---- Date of Document: -=-=---- Signer(s) other than named above: Signer is repreSenting: (Name of person(s) orenriry(ies) Capacity claimed by signer: 0 Partnership 0 Individual 0 COrporate Officer(s) 0 AttorneY-in_Fact Title(s) ,~;. i y'''.; ~~ 0 Trustee(s) 0 Guardian/Conservator , . 0 .:.,..\ 1 t:;~~, ',~ ~.~ Other ____ , ','.l i I '. . " .1, . . ~ ~u:i SAV70231R1192 "~_. ) ~'? . "..*<i 1J:J;i -ldr.",1 Febnmy IS. 1994 I LOAN NO. SAM 01-94 Borrower and Lender request the holder of any mortgage, deed or trust or other encumbrance with a lien which has priority over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed of Trust, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Deed of Trust. .-L tt/4( 4(~ ~'\ \ I~ Z:} Iu Borrower ..... Date / 'CAROL LYNN MORRIS Borrower Date ACknoWledgement State of CALIFORNIA ;;!LS(7l! }ss. - -- Counfy of Lv.} 1/ f\r c /.:.> On - before me, _BoJ' f,('.;- ~~ I ~ personally appeared ("' ard/ GOFF' = '-'f,vN 1)1 fll't i.J, ,. NOTARY /CIAl SfAL . BARB~L/f&Al.IFOIlN'1I perSonally known to me ( -- . LOS AM GUE evidence) to be the perso~ pr~ved to me on the basIs of sallsfac~ ~ !!! Commlsslotr fxp/ Gfl.ES COUNTY res Q:t. 31, 1995 ~ withIn Instrument and a~no~~;~ nameM Is/ore subscribed to thZ ..... executed the same In bffl/her/#lel ged to me that he/shelfhev ,.by ~/her/taelr slgnature~ on t~eauthorlzed capacify(les). and that enllfy upOn behalf of Which the Instrument the person(s). or the ment. person~acted. executed the Instru. WITNESS my hand and offIcial seal. 32 [fhls area tor oHlclal seal) /?~AL SIgnature ~ /" r:-R"IJ'?-f> /' / - My Commission expires: REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated: \ r;':; [\' 1.~-:< ~L:~:, ;~ ,~~ l; .... ;~:~ .'. (",' I' . ;" ' deed fin y~~~\L'___ FehnJAry 14, 1994 EXHIBIT "A" A CONDOMINIUM COMPRISED OF: PARCEL 1: An undivided 1/32 Interest in and to lot 1 of Tract No. 50611, In the City of Santa Monica, County of Los Angeles, State of California, as per map ret;orded in Book 1195, Pay!!s 49 through 51, Inclusl...~ of Maps, In the offlet' of the County Ret;oT'der of said County. EXCEPTING THEREFROM Units 1-2041 through 12-2041 inclusive, 14-2U41 throu~h 17-~041 Inclusive, 1-2033 through 12-2033 Inclusive and 14-2033 through 17-2033 inclusive as defined and delineated on the Condominium Plan recorded April 30, 1993, as Instrument No. 93-021676, of Official Records. RESERVING THEREFROM exclusive easements for all USRS and purposes of a "Parking Space,ll together with the right to grant the saine unto othf!rs, over and across those portions of said land, defined and delineated as "PS-} through PS-52," Inclusive, on t~e above mentioned Condominium Plan. PARCEL 2: Un1t 10-1033 as shown upon the Condominium Plan l'eferred to in Pal'cel 1 above. PARCEL 3: An exclusive easeffient ~pp"rtenant to Parcel 1 abovR, for all uses an~ purposes of a vParking Space," over and across that portion of Lot 1, of said Tract No. 50611 defined and delineated as VpS_," on the above mentioned Condominium Plan. " .1 r , ,.,' t .r:.,.: , t,,' , {' ~ I ,\ d, .' I . ~ }X .-Gjv' .1 LOAN NO. SAM 01-94 . DEED OF TRUST RIDER TORCA Shared Appreciation Loan Program This Deed of Trust Rider is attached to and made a part of the Deed of Trust dated MARCH 22 , 19~ made payable to City of Santa M.Qn.ig as Lender and executed by Borrower. l. Borrower agrees to the provisions of this Deed of Trust Rider in addition to those of the Deed of Trust. 2. DEFINITIONS. The following definitions shall apply throughout this Deed of Trust Rider: 2.1 Appraiser. An appraiser who is a MAl member of the American Institute of Real Estate Appraiser or a SPRA member of the Society of Real Estate Appraisers (or in case such professional designations are modified or discontinued, the most nearly equivalent successor designations.). 2.2 Appreciation The Sales Price (or the market value in the case of a matured loan, prepayment or default), minus closing costs, real estate commissions, and any other normal and customary costs incurred by the Borrower in selling the Property, minus the Original Sales Price of the Property, minus normal and customary closing costs incurred by the Borrower in purchasing the Property, minus the value of any capital improvements or fixture improvements to the Property for which the Borrower has received prior City of Santa Monica approval. Normal and customary closing costs shall include non-reoccurring charges incurred in connection with property transfer and acquisition financing, including title insurance, escrow fees, termite inspection fees, documentary transfer taxes, loan origination fees, appraisal fees, credit reports, recording fees, and other miscellaneous fees, but not including prepaid interest, impound fees, property taxes, hazard insurance, repairs, and similar costs. 2.3 Original Sale Price. $ 104,000,00 2.4 PrinicpaJ Sum.$ 58,900.00 2.5 Property. The real property described in Exhibit A attached to this Rider and made part of hereof. ) 2.6 Sale or Transfer." Any sale or transfer of any part of the Property or any interest in it (except a sale or transfer which under federal law, would not, by itself, permit lender to exercise a due on sale or due on encumbrance clause). 2.7 Sales Price. The consideration paid for the Property including the amount of any existing financing that the purchaser of the Property assumes or takes subject to. This price shall be no less than 95 % of the fair market value of The Property. Borrower shall provide Lender an appraisal of fair market value upon request by Lender. 2.8 This Date. MARCH 22 , 19 94 3. TIME OF PA YMENT. The Note shall be due and payable in full on the date of the first Sale or Transfer to occur after This Date, provided that in the event no Sale or Transfer occurs within twenty (20) years of This Date, the Note shall be automatically due and payable. 4. AMOUNT OF PAYMENT. If and when the Note becomes due pursuant to Section 3 above, Borrower shall pay to Lender the Prinicpal Sum, together with a share of the appreciation in the market value of the propelrty due to the Lender ("Contingent Interest") equal to FIFTY-SEVEN ,. percent ( 57 %) of appreciation, if any, plus the amount of Early Sale Assessment as described in Paragraph 8 below if any. 5. PREPAYMENT. Borrower shall have the right at any.,'tir]l(~ to repay thg~bte,> provided that any prepayment must be in full and not in part. In the e~ent of prepayment,' the amount }~,,-0lC LOAN NO. . . payable in full by Borrower shall be the Principal Sum and all other amounts owing, together with contingent interest equal to FIFTY-SEVEN percent ~ %) of the appreciation, if any, plus the amount of Early Sale Assessment, as described in Paragraph 8 below. To determine the fair market value of the Property for purposes of this Section 5, Borrower and Lender shall endeavor to agree upon an Appraiser, who shall finally determine the fair market value of the property as of the actual or anticipated prepayment. If the parties are unable to agree upon an appraiser within ten (10) days, the Lender shall have an appraisal made by an Appraiser of its choice to establish the fair market value. The Borrower may also, at Borrower's expense, have an appraisal made by an Appraiser of the Borrower's choice to establish the market value. If agreement cannot be reached, the average of the two appraisals shall be deemed to be the fair market value of the property. All appraisals shall be completed within 60 days of selection of an appraiser. 6. DEFAULT UNDER DEED OF TRUST.) Notwithstanding any provision of the Note, if default occurs in any of the covenants or agreements contained in the Deed of Trust securing the Note, the Note shall immediately become due and payable in full at the option of Lender. In the event Lender exercises such option, the amount due and payable shall be the Principal Sum, and all other amounts owing, together with Contingent Interest equal to FIFTY-SEVEN percent ~%) of the appreciation, if any, plus the amount of Early Sale Assessment, as described in Paragraph 8 below, if any. For purposes of this Section 6, the fair market value of the Property shall be that determined by an Appraiser appointed by Lender, whose determination of fair market value shall be final and conclusive if approved by Lender. Failure by Lender to exercise its option to accelerate in the event of default shall not constitute waiver of the right to exercise such option in the event of the same or any other default. 7. SUBORDINATION. This Deed of Trust is subordinate to the Deed of Trust of even date herewith in favor of FIRST FEDERAL BANK OF CALIFORNIA securing a note in the amount of $ 39,900,00 and the Deed of Trust of even date herewith in favor of securing a note in the amount of $ In the event that the parties named in this Pilragraph and their successors and assigns, receive title to the Property through a trustee's sale, a judicial foreclosure sale or deed in lieu of foreclosure, of such deed of trust or mortgage, and any conveyance or transfer thereafter, they shall receive title free and clear of the provisions of this Deed of Trust. 8. EARLY SALE ASSESSMENT. If the Borrower makes a Sale or Transfer, as described in paragraph 2.6 herein, or defaults as described in Section 6 herein, on a date at least two years but less than three years following This Dale, then in addition to the Contingent Interest described above, Borrower will owe the Lender an Early Sale Assessment, equal to 10% of the appreciation. If the Borrower makes a Sale or Transfer, as described in paragraph 2.6 herein, on a date at least one year but less than two years following This Date, then in addition to the Contingent Interest described above, Borrower will owe the Lender an Early Sale Assessment, equal to 20% of the appreciation if any. If the Borrower makes a Sale or Transfer, as described in paragraph 2.6 herein, on a date less than one year following This Date, then in addition to the Contingent Interest described above, Borrower will owe the Lender an Early Sale Assessment, equal to 30% of the appreciation, if any. The Lender may, at its sole discretion, waive this Early Sale Assessment. 9. USE OF PROPERTY. The Borrower shall occupy the Property as the Borrowerls primary residence. The Property shall not be used for commercial purposes or leased. c . ;1.... ',,, l-. , (~:" ~. ,:", J ": \'".:.' \,".: ',/ I~;: , ,,' ,I, " .,'Ii', '. "Jp-~t 0(1'< " . LOAN NO. SAM 01-94 NOTICE: T!\is Note requires payment of the principal, contingent interest, and early sale penalties if certain events occur. 4#''f~ ORIGINAL NOTE TORCA Shared Appreciation Loan Program MARCH 22, , 19--2L ) SANTA MONICA , California 2033 EUCLID STREET #10 SANTA MONICA, CALIFORNIA 90405 Property Address City State Zip Code FOR VALUE RECEIVED, th.e undersigned, CAROL LYNN MORRIS , hereafter called "Borrower," hereby jointly and severaIly promise to pay to City of Santa Monica a Charter City organized and existing under the State of California, hereafter caIled "Lender," or to Lender's order, at such a place as Lender may designate, lawful money of the United States of America as hereafter set forth. 1. DEFINITIONS. The following definitions shall apply throughout this Note: (A) Appraiser. An appraiser who is a MAl member of the American Institute of Real Estate Appraiser or a SRPA member of the Society of Real Estate Appraisers (or in case such professional designations are modified or discontinued, the most nearly equivalent successor designations.) . (B) Appreciation. The Sales Price (or the market value in the case of a matured loan, prepayment or default), minus closing costs, real estate commissions, and any other normal and customary costs incurred by the Borrower in selling the Property, minus the Original Sales Price of the Property, minus normal and .;:ustomary closing costs incurred by the Borrower in purchasing the Property, minus the value of any capital improvements or fixture improvements to the Property for which the Borrower has received prior City approval. Normal and customary closing costs shall include non-reoccurring charges incurred in connection with property transfer and acquisition financing, including title insurance, escrow fees, termite inspection fees, documentary transfer taxes, loan origination fees, appraisal fees, credit reports, recording fees, and other miscellaneous fees, but not including prepaid interest, impound fees, property taxes, hazard insurance, repairs, and similar costs. (C) Original Sales Price. $ 104,000.00 (D) Principal Sum. $ 58,900.00 (E) Property. The real property described in Exhibit A attached to this Note and made.a part of hereof. (F) Sale or Transfer. Any sale or transfer of any part of the Property or any interest in it (except a sale or transfer which under federal law, would not, by itself, permit Lender to exercise a due on sale or due on encumbrance clause). (0) Sales Price. The consideration paid for the Property including the amount of any existing financing that the purchaser of the Property assumes or takes subject to. This price shall be no less than 95 % of the fair market value of the Property. Borrower shall provide Lender an appraisal of fair market value upon request by Lender. (H) This Date. MARCH 22, , 19 94 . (I) Early Sale Assessment. If the Borrower makes a Sale or Transfer, as described in paragraph F herein, on a date at least two years but less than three years, following This Date, then, in addition to the Contingent Interest described below, Borrower will owe the Lender an Early Sale Assessment, equal to 10% of the appreciation. , . I LOAN NO. SAM 01-94 ) ,. Jr the Borrower makes a Sale or Transfer, as descrihed in pamgraph F herein, on a date atlcast one year blltless than two years following This Date, Ihen in addition to the Contingent Interest desdibcd below, Borrower W!\l owe the Lender an E;uly Sale Assessment, eqllalto 20% of the appreciation, if any. . . . If the Borrower makes a Sale or Transfer, as described in par"graph P herein, on a date less than one year following Tl\is Dnte, then in addition to Ihe Contingent Interest descrihed helow, 1J0rrower will owe the Len!:ler an Early Sale Asse.~smcnl, eqllal to 10% of the appreciation, if any. The Lender may, at its sole discretion, waive this Early Sale Assessment. (J) ~. The Cily of Santa Monica. 2. IJ.MLLQEI'A YMEt:!I. This Note shall he dill' ;Hullmyable in filII on the dale of Ihe lirsl Sale or Transfer to occllr after This Date, provilfed Ihal in the evenl no Sale or Transfer occms within twenty (20) years of This Dale, this Noll' shall he alllomalically dill' and payable. 3. AMOUNT Of l)AYMENT. I f and when this Note becomes dlle pursllant to Section 2 above, Borrower shall pay 10 Lender the Principal Sum, together wilh a share of the appreciation in the market value of the property due to the Lender ("Contingent Interest") equal 10 FIFTY SEVEN percent (~%) of the apprecialion, if any, plus lhe amount of Ihe FlUly Sale Assessment, as describeu in paragmph 1(1), if any. 4. PREPAYMENT. Borrower shall have the right at any time to repay the Note, provided that any prepayment must be in full anu not in part. In Ihe evenl of prepayment, the amount payable in filII hy Borrower shall be the Principal Sum and all olher amounts owing, together with contingent interest equal to FIFTY-SEVEN percent (-51- %) or the :lppred:llion, if any, plus the amount of Early Sale ^ssessment, as described in Paragmph 1(1) :lbove, To determine the fair market value of lhe l;f(jperly for pmposes of lhis Section 4, Borrower and Lender shall endeavor 10 agree upon an Appraiser, who shall finally determine lhe fair markel value of the property as of Ihe aclual or anticipated prepayment. If the parties are unable 10 :lgree upon an appraiser within ten (10) uays, lhe Lender shall have an appr~isal made by an Appraiser of its choice to establish the fair ll1arket value. The Borrower may also, at Borrower's expense, have an appraisal made by an Appraiser of lhe Borrower's choice 10 establish the market value. If agreement cannot be reached, the average of the two appraisals shall he deemed to be the fair markel valuc of lhe property. All :lppraisals shall be completed within 6() uays of selection of an appraiser. 5. SECURITY\, This promissory note is seemed hy a Deed of Trust of even dalc herewith. G. DEFAULT UNDER m~BJ,LOI' TB.U_ST Notwithslanding any olher provision of Ihis Note, if default occurs in any of lhc covenants or ngrcell1ents containcd in the dced of Trusl securing this Note, this Note shall imllledialely become due a 1111 Jlilyable in full allhe option of Lenuer. In the event Lender exercises such oplion, Ihe amount due and payable shall be the Principal Sum anu all olher amounts owing, togelher with Contingenl Interest equal to FIFTY-SEVEN percent ( 57 %) of the ilpprecialion if any. plus the amount of the Early Sales Assessment, if any as described in paragraph I (I) herein, POl' pmposes of this Section 6, the Lender shall select the Appraiser whose delennination of fair market value shall be final and conclusive, if appmved by Ihe Lemler. Failure by Lender to exercise its oplion to accelerate in the event of a defaull shall nol constilule waiver of the righlto exercise such option in the event of the same or any other defilult. 7. JOINT AND SEVERAL. The undersigncd, if more Ihan one, shall he jointly and severally liable hereunder. 8. ATTORNEY'S FEliS.. If any default is made hereunder, Borrower fmther promises 10 pay reasonable allorney fees anu costs ami expenses incuned by Ihe Lender in connection with any such defaull or any olher action or other proceeding hroughtto enforce or interpret any of the provisions of this Noll'. The Lender's) right 10 such fees shall not be limited to or by its representation by staff coun5'el. If Lender is '~cprcscnled hy starr Cllunse! such represen1ation shall be valued at customary and reasonable rates for cOll1parahlc privale s('("lor legal services. I . I . , LOAN NO. SAM 01-94 9. TIME. Time is of the essence herein. 10. f.MENDMENTS. This Note may not be modified or amended except by an instrument in writing expressing such intention executed by the parties sought to be bound thereby, which writing must be so firmly attached to this promissory note so as to become a permanent part thereof. 11. SEVERABILITY. The covenants of this Note are severable. Invalidation of any covenant or any part thereof by law, judgement, or court order shall not affect any other covenant. 12. PLACE OP PAYMENT. Borrower will make payment of all amounts due to Lender under this Note to Lender at 1685 MAIN STREET, RM 212, SANTA MONI~A, CA 90401 or such other address as Lender may designate in writing to Borrower. 13. BORROWER'S WAIVERS. Borrower waives all rights to require the Lender to do the following: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as "protest"). 14. GIVING OP NOTICES.. Any notice lhat mllst be given to Borrower under this Note will be given by delivering it or by mailing it by certified mail addressed to Borrower at the Property Address above. A notice will be delivered or mailed to Borrower at a different address if Borrower gives the Lender written notice of Borrower different address. Any notice that must be given to the Lender under this Note will be given by mailing it certified mail to the Lender at the address stated in Section 12 above. A notice will be mailed to the Lender at a different address if Borrower is given written notice of1lhat different address. M/~4:1'{/ -114./<1.4 fi~ ~ rf/ I (/ '(J.(j.( J' MOL LYNN MORRIS DATE (BORROWER) .' nolelin F ehnJAry t4, 1994 . RECOROING REQUESTEO BY AND WHEN RECORDED MAIL TO r I Name City of Santa Monica 1685 Main Street ~~~~:.. Santa Monica, CA 90407-2200 Attn: Johanna Gullick City & _n L ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE CAT. NO. NN0060S Request for Notice TO 1934 CA 111-S9) UNDER SECTION 2924b CIVIL CODE In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of .J i Default and a copy of any Notice of Sale under Deed of Trust recorded as Instrument No. on :;l t recorded concurrently herewith ,19_, in Book/Reel ,Page/Image Official Records of Los Angeles County, California, and describing land therein as A Condominium Comprised of: Lot 1 of Tract No. 50611 AS MORE'PARTICULARLY DESCRIBED AS EXHIBIT A ATTACHED HERETO Executed by Carol Lynn Morris. an unmarried woman , as Trustor, in which First Federal Bank of California is named as Beneficiary, and Seaside Financial Corporation , as Trustee, be mailed to City of Santa Monica at 1685 Main STreet Number and Streat Santa Monica, Ca. 90407-2200 City and State NOTICE: A Copy of any Notice of Default and of any Notice of Sale will be sent to the address contained in this recorded Request. If your address changes, a new Request must be recorded. Dated March 28, 1994 "\~ \~~"'< j ~f\ ~~ Karen 'J. Kear . ~. FOR CORPORATE ACKNOWLEDGEMENT STATE OF CALIFORNIA } COUNTY OF SS. On before me, the undersigned, a Notary Public in and for said State. personally appeared pcrsonally known to me or proved to me On the basis of satisfactory" evidence to be the person who executed the within instrument as the President, and personally known to me or proved to me On the basis of satisfactory evidence to be the person Acknowledgement "pr.p<orv of the. Corooration that execl!!.ed_.______. Slale of ~ CALIFORNIA} On /] iz.r h if 55. . County of ~.I" ~;f personally appeared I p'",,"ally ko~ 'a m. (N p'a""" to ~ ~. be'" of w"""""" evidence) 10 be Ihe person(s) whose name(s) Is/are subscribed to Ihe @ OFl'ic .. '., wllhln Instrument and acknowledged to me Ihal he/shellhey NOTARYPU;~c~~~': executed the same In hls/herllhelr authorized capaclty(les), and that wfARBRA TfAGUE lilA, . by hls/her/lhelr slgnalure(s) on Ihe Instr~menl the person(s), or Ihe It ~'on rx:,"Gf.lES C()UNTY' enllty upon behalf of which Ihe person(s) acled, executed Ihe Inslru. res Oct. 31, 1995 i ment. ~ WITNESS my hand and official seal. 32 (ThiSOreO,b'o''''rn'~I) 'goalo", J?~ /: "'7/'" ,/ tactory eVluC,;'....:C tV u\,. ",,'"- 1'''''''''''''_., . I _ _ ',. 2~ instrument as . . .of the parrners of the partner' i: ' ,rflf'!\1'im\li1s1s ~ {l'Ull tll'l'l ' shIp that executed the WIthin Instrument. and aeknowleged to 1 here.,''! ~ '. in C:.lf ~ll()s, me that such partnershIp executed the same. COClY,' of '!1C . P, _____ W,ITNF5S m\' hand and official seal. r>:.... 'c~:;L":":' ,,' ""Z' . ' .. i1/ ,c:::::;ci:{.r, ~- Slvnarurc.: ijc, _ __------ , ~ r. ~ . ~ (Thi, ar.. (, r o(fici.lno,,,i.1 wal) ----- --- Order No, Escrow or L.oan No. ____,___._. ______