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HomeMy WebLinkAboutDeed 1333 . . 1333 2010-0053327 �3�3 DOC # 2010-D053327 R`CGF�DiNG REC2UE5TED E`( 02/04/2010 08:00A Fee:NC Page 1 of 13 ' ; IDELITY NAi IONAL TI� LE Recorded in Official Records : ' �i�,,�/�3�SZ County of Riverside ° Larry W. Ward Assessor, County Clerk & Recorder r RECORDING REQUESTED BY : ) I IIIII � 5 I IIIIIII II� IIIIIII III IIIIII IIIII t I III IIIII IIII IIII REDEVELOPMENT AGENCY OF ) 4 THE CITY OF CATHEDRAL CITY ) ' > AND WHEN RECORDED RETURN T0: ) S R U PAGE SIZE DA MISC LONG RFD COPY REDEVELOPMENT AGENCY OF THE CITY OF CATHEDRAL CITY � 68 Avenida Lalo Guerrero M A L 465 426 PCOR NCOR SMF NCH ExqM Cathedral City, CA 92234 T: CTY urvi , � y �� (Space Above for Recorder's Use) Exempt from Recording Fees Pursuant to Govt. Code � 27383 U��� s � DEED OF TRUST WITH ASSIGNMENT OF RENTS ��� � This Deed of Trust made on February 1, 2010, by CATHEDRAL FAMILY HOUSING PARTNERS, L.P., a California limited partnership, hereinafter called "Trustor", whose current address is 9065 � Haven Avenue, Suite 100, Rancho Cucamonga, CA 91730, to Fidelity ' National Title Company, a California corporation, hereinafter referred to as ��Trustee", in favor of the REDEVELOPMENT AGENCY , OF THE CITY OF CATHEDRAL CITY, hereinafter referred to as , - "Beneficiary", whose address is 68-700 Avenida Lalo Guerrero, I Cathedral City, California 92234. � I � � Trustor irrevocably grants, transfers and assigns to - Trustee in trust, with power of sale, all that Property, including all easements and rights-of-way used in connection therewith, or as a means of access thereto, in the City of _ Cathedral City, County of Riverside, State of California, � described as follows: � � � SEE EXHIBIT "A" � together with the rents, issues and profits thereof, subject : however to the right reserved by Trustor to collect and apply � ; such rents, issues and profits, prior to any default hereunder; I for the purpose of securing performance in a timely manner of all of Trustor's obligations under that certain Promissory Note i dated as of even date herewith (the "Promissory Note") in the � amount of Four Million, Six Thousand, One Hundred Sixty-Two � Dollars ($4,006,162.00) and performance of each agreement to � Trustor incorporated herein by reference or contained herein. � � � � s 1 � � � � : � i I A. To protect the security of this Deed of Trust, Trustor � agrees: � I � 1. To maintain the property in good condition and � repair; not to remove or demolish any building or improvement thereon; to complete promptly in a workmanlike manner any improvement hereafter constructed thereon and to restore promptly in a workmanlike manner any improvement thereon that is ', damaged or destroyed, and to pay when due all costs incurred ' therefor or in connection therewith; to comply with all laws, ', ordinances, regulations, covenants, conditions and restrictions affecting the property; not to commit or permit any waste thereof or any act upon the property in violation of law or of covenants, conditions or restrictions affecting the property. 2. 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 also, if at any time Beneficiary or Trustee is a party to or appears in any such action or proceeding, or in any action or proceeding to enforce any obligation hereby secured, to pay all costs and expenses paid or incurred by them or either of them in connection therewith, including, but not limited to, cost of evidence of title and ' attorneys' fees in a reasonable sum. � 3. To pay (a) at least ten (10) days before � delinquency, all taxes and assessments affecting the property, � all assessment upon water company stock, and all rents, � _ assessments and charges for water appurtenant to or used in � connection with the property; (b) when due, all encumbrances, � charges and liens, with interest, on the property or any part � thereof, which appear to be prior or superior hereto; and (c) all costs, fees and expenses of this trust. Nothing contained � herein however shall bar Trustor from contesting any charges or � assessments. � � � � 4. If Trustor fails to make any payment or to do any � act as herein provided, then Beneficiary or Trustee (but without � obligation to do so, and with or without notice to or demand � upon Trustor, and without releasing Trustor from any obligation � hereof) may (a) make or do the same in such manner and to such � extent as either deems necessary to protect the security hereof, � Beneficiary or Trustee being authorized to enter upon the � property for such purpose; (b) appear in or commence any action $ or proceeding purporting to affect the security hereof or the ` rights or powers of Beneficiary or Trustee; (c) pay, purchase, � ° contest, or compromise any encumbrance, charge or lien that, in � Y € t 4 2 f � � 3 � i _ � the judgment of either, appears to be superior hereto; and in � exercising any such power, Beneficiary or Trustee may incur necessary expenses, including reasonable attorneys' fees. 5. To pay immediately and without demand all sums expended hereunder by Beneficiary or Trustee, with interest from date of expenditure at the annual rate of two percentage points over Bank of America's published prime rate. , B. It is mutually agreed that: ' 1. The acceptance by Beneficiary of any payment less than the amount then due shall be deemed an acceptance on account only and shall not constitute a waiver of the obligation , � of Trustor to pay the entire sum then due or of Beneficiary's ', right either to require prompt payment of all sums then due or , to declare default. The acceptance of payment of any sum , secured hereby after its due date will not waive the right of - Beneficiary either to require prompt payment when due of all ' other sums so secured or to declare default for failure so to pay. No waiver of any default shall be a waiver of any '�, � preceding or succeeding default of any kind. ' I 2. Upon written request of Beneficiary stating that ' all obligations secured hereby have been fully performed, and ; f payment of its fees, and contingent upon the written confirmation of Beneficiary as to the performance of all of such i � obligations, Trustee shall reconvey, without warranty the � property then held hereunder. The recitals in such reconveyance � shall be conclusive proof of the truthfulness thereof. The � grantee may be designated in such reconveyance as "the person or � persons legally entitled thereto." � $ 3. Trustor may give such notice to Beneficiary at � any time before there is a Trustee's sale of the property. At � any time Trustor is in default in obligations to Beneficiary � hereunder, any amounts paid to and received by Beneficiary for execution of releases pursuant to the terms of this paragraph after notice of default and election to sell has been recorded shall not, unless the requirements of Section 2924c of the Civil Code are fully met by or on behalf of Trustor, waive the right , of Beneficiary to continue its plans to have the property sold, � nor shall they have any effect on the exercise by Beneficiary of � the acceleration privilege contained herein, except to entitle the person effecting such payment to the release of the property � for which the release amount was paid, and insofar as � � i � � € 3 � 1 � � � � , � � � � � Beneficiary is concerned, to constitute a credit against the � secured debt. � 4. If Trustor or any subsequent owner of the property covered hereby shall occupy the property, or any part � thereof, after any default of any obligation secured by this ; Deed of Trust, Trustor or such owner shall pay to Beneficiary in advance on the first day of each month a reasonable rental for ' the premises so occupied. On failure to pay such reasonable rental, Trustor or such owner may be removed from the premises by summary dispossession proceedings or by any other appropriate action or proceeding. 5. If default is made in payment of any indebtedness or in performance of any agreement hereby secured, then ; Beneficiary, with or without notice to Trustor, may declare all � sums secured hereby immediately due and payable by instituting suit for the recovery thereof, subject to the non-recourse provisions of the Note secured hereby, or for the foreclosure of this Deed of Trust, or by delivering to Trustee a written declaration of default and demand for sale, as well as a written ' notice of default and of election to cause the property to be ' sold, which notice Trustee shall cause to be filed for record. ' If such declaration is delivered to Trustee, Beneficiary shall ', also deposit with Trustee this Deed of Trust, the secured Note, ' and all documents evidencing expenditures secured hereby. ', 6. Except as may be permitted in Section 1.04(d) of , the Agreement, as that term is defined in the Promissory Note, ', should Trustor, without the consent in writing of Beneficiary, ' ' voluntarily sell, transfer or convey his interest in the ', property or any part thereof, or if by operation of law, it be i ; sold, transferred or conveyed, then Beneficiary may, at its ', option, declare all sums secured hereby immediately due and � payable, unless the new owner, and all subsequent owners, I, observe the Covenants as required by the Agreement. I, � � 7. After the time then required by law has elapsed I after recordation of such notice of default, and notice of sale ; � having been given as then required by law, Trustee, with or � without demand on Trustor, shall sell the property at the time � and place fixed in the notice of sale, either as a whole or in � separate parcels and in such order as Trustee determines, at � public auction, to the highest bidder, for cash in lawful money i of the United States, payable at the time of sale. Trustee may ' postpone from time to time sale of all or any portion of the j property by public announcement at the time and place of sale � i I 4 i � I , � � 1 � � ; i I I € � originally fixed or at the last preceding postponed time. � Trustee shall deliver to the purchaser its deed conveying the property 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. Trustor, �, Trustee, Beneficiary or any other person may purchase at the j sale. :r 8. After deducting all costs, fees and expenses of i '� Trustee and of this trust, including cost of evidence of title � = and reasonable attorneys' fees in connection with sale, Trustee I shall apply the proceeds of sale to payment of (a) all sums i = expended under the terms hereof and not theretofore repaid, with � $ accrued interest at two percentage points over Bank of America's i ; published prime rate per annum, and (b) all other sums then ; secured hereby in such order as Beneficiary, in the exercise of ; its sole discretion, directs. The remainder, if any, shall be j paid to the person or persons legally entitled thereto. j . � 9. Before Trustee's sale, Beneficiary may rescind � such notices of default and of election to cause the property to be sold by delivering to Trustee a written notice of rescission, which notice, when recorded, shall cancel any prior declaration of default, demand for sale and acceleration of maturity. The � exercise of such a right of rescission shall not constitute a � = waiver of any default then existing or subsequently occurring, � ` or impair the right of Beneficiary to deliver to Trustee other � � declarations of default and demands for sale or notices of ; default and of election to cause the property to be sold, or j ;i otherwise affect any provision of the secured note or of this j deed or any of the rights, obligations or remedies of � Beneficiary or Trustee hereunder. � 3 10. The restrictions pertaining to the property will � � automatically terminate if title to the mortgaged property is ' '' transferred by foreclosure or deed-in-lieu of foreclosure, or if S the mortgage is assigned to the Secretary of the Department of F Housing and Urban Development. 11. Beneficiary may, from time to time as provided by � statute, or by a writing signed and acknowledged by him and � recorded in the office of the county recorder of the county in � which the land is situated, appoint another trustee in stead and of Trustee herein named; and thereupon, the Trustee herein named shall be discharged, and the trustee so appointed shall be � substituted as Trustee hereunder with the same effect as if originally named Trustee herein. � � 5 � . � a � _ � I 12. If two or more persons are designated as Trustee j herein, any or all powers granted herein to Trustee may be � exercised by any of such persons if the other person or persons is unable, for any reason, to act. Any recital of such inability in any instrument executed by any of such persons shall be conclusive against Trustor, his heirs and assigns. I I 13. All leases now or hereafter affecting the j property, except those entered into pursuant to the ordinary ' course of business, are hereby assigned and transferred to ' Beneficiary by Trustor. Trustor hereby covenants that none of such leases will be modified or terminated without the written consent of Beneficiary. 14. When requested to do so, Trustor shall give such further written assignments of rents, royalties, issues and profits; of all security for the performance of leases; and of all money payable under any option to purchase, and shall give ' executed originals of all leases, now or hereafter on or ' affecting the property. ' 15. Trustor reserves the right, prior to any default ' in payment of any indebtedness or performance of any obligation ', secured hereby, to collect all such rents, royalties, issues and ', profits, as but not before they become due. Upon any such i, default, Trustor's right to collect such moneys shall cease, not ; only as to amounts accruing thereafter, but also as to amounts j then accrued and unpaid. In the event of default, Beneficiary, i with or without notice and without regard to the adequacy of security for the indebtedness hereby secured, either in person �� or by agent, or by a receiver to be appointed by the court, (a) � ma enter u on and take ossession of the � y p p property at any time ; and manage and control it in Beneficiary's discretion, and (b) � with or without taking possession, may sue for or otherwise � collect the rents, issues and profits thereof, whether past due � or coming due thereafter, and apply the same, less costs and � _ expenses of operation and collection, including reasonable ; attorneys' fees, upon any obligation secured hereby and in such ; order as Beneficiary determines. None of the aforesaid acts �' shall cure or waive any default hereunder or invalidate any act � done pursuant to such notice. Beneficiary shall not be required � to act diligently in the care or management of the property or in collecting any rents, royalties or other profits that it is ; hereby authorized to collect, and shall be accountable only for j sums actually received. ; i 3 � � 6 ! i i 1 � i { � 16. Without affecting the liability of Trustor or of i any other party now or hereafter bound by the terms hereof, from � time to time and with or without notice, may release any person I now or hereafter liable for performance of such obligation, and ' may extend the time for payment or performance, accept additional security, and alter, substitute or release any security. 17. Subject to the non-recourse provisions of the Note secured hereby, as applicable, in any judicial action ' brought to foreclose this Deed of Trust or to enforce any right of Beneficiary or of Trustee hereunder, Trustor shall pay to Beneficiary and to Trustee attorneys' fees in a reasonable sum, to be fixed by the court. � 18. No remedy hereby given to Beneficiary or Trustee � is exclusive of any other remedy hereunder or under any present or future law. 19. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed of Trust is hereby waived, to the full extent permissible by law. 20. In the event of default in the payment of any indebtedness secured hereby, and if such indebtedness is secured at any time by any other instrument, Beneficiary shall not be obligated to resort to any security in any particular order; and the exercise by Beneficiary of any right or remedy with respect to any security shall not be a waiver of or limitation on the right of Beneficiary to exercise, at any time or from time to time thereafter, any right or remedy with respect to this Deed of Trust. 21. Trustor shall, upon request made by Beneficiary, furnish the Beneficiary with annual statements covering the operations of the property. 22. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, successors in ' interest, and assigns. The term "Beneficiary" means the owner ', and holder, including pledgees, of the note secured hereby, ', whether or not named as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural, and all obligations of each Trustor hereunder are joint and several. ' � 7 � ; i ! i � 23. Trustee accepts this trust when this Deed of � Trust, 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 is a party unless brought by Trustee. ; i � 24. Any award of damages made in connection with the � � condemnation for public use of or injury to the property or any , part thereof is hereby assigned and shall be paid to ' Beneficiary, who may apply or release such moneys received ' therefor upon any indebtedness secured hereby in such order as Beneficiary determines, or at the option of Beneficiary the entire amount so received 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. � � � , , i ,� � i i � � � I � _ i � i � � ! i � , 8 i � i � i I � I � _ � � Trustor requests that a copy of notice of default and � 5 of any notice of sale hereunder shall be mailed to him at the � address indicated in the first paragraph of this Deed of Trust. _ Executed at Cathedral City, California, on the date first above written. ' i '� ��TRUSTOR" ! CATHEDRAL FAMILY HOUSING PARTNERS, L.P. ; A California limited partnership _ By its General Partner, SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION OF THE INLAND EMPIRE, a California non-profit ', y public benefit corporation £ B Richard J. Whittingham, CFO ', � � i x � I � '� � , CATH\0010-29\DOC\009-3.doc hvt O1/27/10 300 � i 's ' i I ? I � I i I i � i , � 9 I � I I l � I � _ � I � � , � ALL-PURPOSE ACKNOWLEDGMENT � State of Califomia ) ) ss. County of L�� �LCy'���� ) On /,�Q',/'�_/ Z�/(�, before me, ���i�'�J ✓U ��LICZ_ d f? /�/l/ ��� j Da e Name and Title of OfScer (e.g., "lane Doe, Naary ibGc" ) ' personally appeared I - !/(J ( Names(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person� whose name,�) is/a�e subscribed to the within instrument and acknowledged to me that he/�ek�y executed the same in his/�ierfEireir authorized capacity(�es�, and that by hi�eir signature(�) on the instrument the person(�j, or the entity upon behalf of which the person�) acted, executed the inswment. [ ceRify under PENALTY OF PERJURY under the laws of the Siate of California that the foregoing paragraph is true and correct. HILOA HERNANDEZ � CoMM.# 1756212 WI'TNESS my hand and official seal. Nor�Rr Pueuc�c�uFORNU N SAN BERNAR�INO COUNTY Mr Cont�. Exa. Ju�r 9, 201i '` Place Notary Seal Above ig re of Notary PubGc 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 reanachment ojthis jorm to another document. Description of Attached Document Title or Type of Document:��For U� //Gt� GU[� ����11?��'lLf2� 0� ��- Document Dated Number of Pages: _ Signer(s) Other Than I�famed Above: Capacity(ies) Claimed by Signer Signer's IYame: tt;gnc�rn�b�cofst� ❑ Individual O Corporate Officer - Title(s): ❑ Partner - ❑ Limited � General ` ❑ Attorney in Fact ❑ Co-Trustee ❑ Guardian or Conservator Other. Signer is Representing: i , i � i � � � _ , i i i I � � i ; 1 � � EXHIBIT "A" j� � LEGAL DESCRIPTION , > t i Certain real property located in the City of Cathedral City, County of Riverside, State of California, described as follows: Parcel 1(ASSESSOR'S PARCEL NUMBER 673-140-010-0): I � ; PARCEL 1, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE � 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, ', CALIFORNIA; TOGETHER WITH THAT PORTION OF CORREGIDOR DRIVE, (LOT ' � ��A") 30 FEET WIDE, LYING ADJACENT T0, AND WESTERLY OF, THE j WESTERLY PROLONGATION OF THE NORTH AND SOUTH LINE OF PARCEL 1, �', AS SHOWN ON SAID RECORD OF SURVEY. ' PARCEL 1A: ' � ` AN NON—EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST � 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE ��, (LOT "A"). I ' EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 1. � PARCEL 2(ASSESSOR'S PARCEL NUMBER 673-140-011-1): '� s PARCEL 2, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE I 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, ' ; CALIFORNIA; TOGETHER WITH THAT PORTION OF CORREGIDOR DRIVE, (LOT i ; ��A") 30 FEET WIDE, LYING ADJACENT T0, AND WESTERLY OF, THE � WESTERLY PROLONGATION OF THE NORTH AND SOUTH LINE OF PARCEL 2, I, AS SHOWN ON SAID RECORD OF SURVEY. ' PARCEL 2A: j i ? AN NON—EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST I 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE � _ ( LOT `�A" ) . I I ; EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 2. i � � I � ! I I ; �?; Exhibit ��A"-Pa e 1 � g i I � � , ' _ . I I I � PARCEL 3(ASSESSOR'S PARCEL NUMBER 673-140-012-2): � � PARCEL 3, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF CORREGIDOR DRIVE, (LOT � ��A") 30 FEET WIDE, LYING ADJACENT TO, AND WESTERLY OF, THE WESTERLY PROLONGATION OF THE NORTH AND SOUTH LINE OF PARCEL 3, � AS SHOWN ON SAID RECORD OF SURVEY. � '' PARCEL 3A: � l � AN NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE � (LOT "A"). _ EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 3. � PARCEL 4(ASSESSOR'S PARCEL NUMBER 673-140-013-3): � PARCEL 4, AS SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 41, PAGE 59 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, � CALIFORNIA; TOGETHER WITH THAT PORTION OF CORREGIDOR DRIVE, (LOT ��A") 30 FEET WIDE, LYING ADJACENT T0, AND WESTERLY OF, THE j WESTERLY PROLONGATION OF THE NORTH AND SOUTH LINE OF PARCEL 4, � = AS SHOWN ON SAID RECORD OF SURVEY. � ; � PARCEL 4A: � 1 AN NON-EXCLUSIVE EASEMENT FOR EGRESS AND INGRESS OVER THE WEST � 30 FEET OF SAID RECORD OF SURVEY, AND SHOWN AS CORREGIDOR DRIVE � ( LOT ��A" ) . � � � EXCEPT THAT PORTION INCLUDED WITHIN PARCEL 4. PARCEL 5(ASSESSOR'S PARCEL NUMBER 673-140-017-7): � THE NORTHEAST QUARTER OF LOT 26 OF PLUMLEY & SON SUBDIVISION, AS � SHOWN BY MAP ON FILE IN BOOK 10 PAGE 94 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. i � � � � � � F � g Exhibit "A"-Page 2 � ! � � � � � NOTARY SEAL � GOVERNMENT CODE SECTION 27361.7 ; I CERTIFY UNDER PENALTY OF PER7URY THAT THE NOTARY SEAL ON THE DOCUMENT TO 3 WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: _ � � NAME OF NOTARY Hilda Hernandez � g i DATE COMMISSION EXPIRES July 9, 2011 � � COMMISSION NUMBER 1756272 � � � � PLACE OF EXECUTION Newport Beach, CA � � � � DATE February 3, 2010 � �. �'• � SIGNED � � � � F � t �: a � �' � € � � S �' � S 2 ! � x € � � � � � € � �¢ E E � F � � E � a [ € � q" F t � � � i i € Notary Seal Affidavit (notarysealaf�(04-06)