Habitat for Humanity San Bernardino Area, Inc. Recorded In Official Records,County of San Bernardino 5/23/2018
`, ", BOB DUTTON Cc3:17 PM
K..tew ASSESSOR - RECORDER - CLERK SAN
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Titles 2 Pages 9
RECORDING REQUESTED BY AND ) Doc# 2018-0188688 Fees 0.00 ,
When Recorded Mail To: ) 1111111111111111111111 Taxes 0.00
bf. 4 � ) CA SB2 Fee 0.00
KJ7 �D�dF-5 I�UT(-�D,Cu%� ,�EC°.�_i�.i'y Others 0.00
Grand Terrace Housing Authority ) Paid $0.00
22795 Barton Road )
Grand Terrace, CA 92313 )
Attn: Executive Director )
Exempt from recording fee pursuant to Government Code Section 27383
DEED OF TRUST WITH ASSIGNMENT OF RENTS
This DEED OF TRUST WITH ASSIGNMENT OF RENTS (this "Deed of Trust"), is made •
as of May 22, 2018, by Habitat for Humanity San Bernardino Area, Inc. ("Trustor"),
whose address is 25948 Business Center Drive, Redlands, CA 92374, to THE GRAND
--TERRACE HOUSING AUTHORITY, a public body, corporate and politic (and in such
capacity herein called the "Trustee"), for the benefit of THE GRAND TERRACE
HOUSING AUTHORITY, a public body, corporate and politic (and in such capacity
herein called the "Beneficiary"), having an office located at 22795 Barton Road, Grand
Terrace, California 92313.
WITNESSETH: that Trustor grants to Trustee in Trust, with Power of Sale, that property
in the Authority Grand Terrace, County of San Bernardino, State of California, described
as:
See attached Attachment A, attached hereto and incorporated herein ("Property")
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 indebtedness in the principal amount of Thirty-Five Thousand Dollars
($35,000.00) according to the terms of a promissory note or notes of even date herewith
executed by Trustor concurrently with this deed of trust, payable to Beneficiary, and
extensions or renewals thereof, and
(2) Any additional sums and interest that may hereafter be owed by the then record owner
of the Property by Beneficiary, when evidenced by another promissory note or notes
reciting that it or they are so secured; and
(3).the performance of each agreement and covenant contained in that certain Loan
Agreement dated May 22, 2018 between Trustor and Beneficiary ("Agreement"), and that
certain agreement securing payment of indebtedness of the Trustor to the Beneficiary in
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the principal sum of$35,000.00 for the Promissory Note dated May 22, 2018 ("Promissory
Note"). The Agreement and Promissory Note (collectively, the "Agreements") are
incorporated herein by reference and this conveyance shall secure any and all
extensions, amendments, modifications or renewals thereof however evidenced;
A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES:
Maintenance and Repair
(1) To keep the Property in good condition and repair; not to remove or demolish any
buildings on the Property; to complete or restore promptly and in good and
workmanlike manner any building that may be constructed, damaged, or destroyed on
the Property; to pay when due all claims for labor performed and materials furnished
for the Property; to comply with all laws affecting 'the Property or requiring any
alterations or improvements to be made on the Property; not to commit or permit waste
of the Property; not to commit, suffer, or permit any act on the Property,in violation of
law; and to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts that from
the character or use of the Property may be reasonably necessary.
Fire Insurance
(2) To provide, maintain, and deliver to Beneficiary fire insurance satisfactory to and
with loss payable to Beneficiary. The amount collected under any fire or other
insurance policy may be applied by Beneficiary on any indebtedness secured by this
Deed of Trust and in any order determined by Beneficiary, or at the option of
Beneficiary the entire amount so collected or any part of that amount may be released
to Trustor. This application or release shall not cure or waive any default or notice of
default under this Deed of Trust or invalidate any act done pursuant to such a notice.
Defense of Security
(3) To appear in and defend any action or proceeding purporting to affect the security
of this Deed of Trust or the rights or powers of Beneficiary, or Trustee; and to pay all
costs and expenses, including cost of evidence of title and attorneys' fees in a
reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may
appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust.
Payment of Liens and Taxes
(4) To pay, at least 10 days before delinquency, all taxes and assessments affecting
the Property, including assessments on appurtenant water stock; all encumbrances,
charges, and liens, with interest, on the Property or any part of the Property, which
appear to be prior or superior to this Deed of Trust; and all costs, fees, and expenses
of this Trust.
If Trustor fails to make any payment or to do any act as provided in this Deed of Trust,
then Beneficiary or Trustee may (but is not obligated to) make the payment or do the
act in the required manner and to the extent deemed necessary by Beneficiary or
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Trustee to protect the security of this Deed of Trust. The performance by Beneficiary
or Trustee of such an act shall not require notice to or demand on Trustor and shall not
release Trustor from any obligation under this Deed-of Trust. Beneficiary or Trustee
shall also have the following related rights and powers: to enter on the Property for the
foregoing purposes; to appear in and defend any action or proceeding purporting to
affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee;
to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the
judgment of either appears to be prior or superior to this Deed of Trust; to employ
counsel; and to pay necessary expenses and costs, including attorneys' fees.
Reimbursement of Costs
(5) To pay immediately and without demand all sums expended by Beneficiary or
Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the
amount allowed by law in effect at the date of this Deed of Trust, and to pay any amount
demanded by Beneficiary (up to the maximum allowed by law at the time of the
demand) for any statement regarding the obligation secured by this Deed of Trust.
B. THE PARTIES AGREE THAT:
Condemnation Award
(1)Any award of damages in connection with any taking or condemnation, or for injury
to the Property by reason of public use by any public body, including but not limited to
Beneficiary, or for damages for private trespass or injury to the Property, is, hereby
assigned and shall be paid to Beneficiary as further security for all obligations secured
by this Deed of Trust. On receipt of any such proceeds, Beneficiary may hold the
proceeds as further security, or apply or release them in the same manner and with
the same effect as provided in this Deed of Trust for the disposition of proceeds of fire
or other insurance.
Waiver of Late Payments
(2) By accepting payment of any sum secured by this Deed of Trust after its due date,
Beneficiary does not waive its right either to require prompt payment when due of all
other sums so secured or to declare default for failure to pay any indebtedness secured
by this Deed of Trust.
Trustee's Powers
(3) On written request of Beneficiary and presentation of this Deed of Trust and the
Promissory Note for endorsement, Trustee may (a) reconvey all or any part of the
Property; (b) consent to the making and recording, or either, of any map or plat of all
or any part of the Property; (c) join in granting any easement on the Property; or (d)
join in or consent to any extension agreement or any agreement subordinating the lien,
encumbrance, or charge of this Deed of Trust. Trustee need not provide Trustor with
notice before taking any of the foregoing actions, and shall not be liable for the proper
performance of the act. The exercise by Trustee of any of the foregoing powers shall
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by Beneficiary or
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not affect the personal liability of any person for payment of the indebtedness secured
by this Deed of Trust, or the lien of this Deed of Trust on the remaining property as
security for the repayment of the full amount secured by this Deed of Trust.
Full Reconveyance
(4) On written request of Beneficiary stating that all sums secured by this Deed of Trust
have been paid, surrender of this Deed of Trust, the Note, and any other notes secured
by this Deed of Trust to the Trustee for cancellation and retention, and payment of
Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property
then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive
proof of the truthfulness of the recitals. The grantee in the reconveyance may be
described as "the person or persons legally entitled thereto." Five years after issuance
of the full reconveyance, Trustee may destroy the Note and this Deed, unless directed
in the request to retain them.
Assignment of Rents
(5) As additional security, Trustor hereby gives to and confers on Beneficiary the right,
power, and authority during the continuance of these Trusts, to collect the rents, issues,
and profits of the Property, but reserves the right, prior to any default by Trustor in
payment of any indebtedness secured by this Deed of Trust or in the performance of
any agreement under this Deed of Trust, to collect and retain these rents, issues, and
profits as they become due and payable. On any such default, Beneficiary may pursue
any of the enforcement mechanisms specified in Civil Code Section 2938(c). The
exercise of these enforcement rights by Beneficiary shall not cure or waive any default
or notice of default under this Deed of Trust or invalidate any act done pursuant to such
a notice.
Default in Foreclosure
(6) On default by Trustor in the payment of any indebtedness secured by this Deed of
Trust or in the performance of any obligation under this Deed of Trust, Beneficiary may
declare all sums secured by this Deed of Trust immediately due and payable by
delivering to Trustee a written declaration of default and demand for sale and a written
notice of default and election to sell the Property. Trustee shall cause the notice of
default and election to sell to be recorded. Beneficiary also shall deposit with Trustee.
this Deed of Trust, the Note, and all documents evidencing any additional expenditures
secured by this Deed of Trust.
After the required time period has lapsed following the recordation of the notice of
default, and after notice of sale has been given as required by law, Trustee, without
demand on Trustor, shall sell the Property at the time and place specified in the notice
of sale, either as a whole or in separate parcels, and in any order determined by
Trustee, at public auction to the highest bidder for cash in lawful money of the United
States, payable at the time of sale. Trustee may postpone sale of all or any portion of
- the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
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preceding postponement. Trustee shall deliver to the purchaser at the auction its deed •
conveying the Property sold, but without any covenant or warranty, express or implied.
The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness
of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at
the sale.
After deducting all costs, fees, and expenses of Trustee and Beneficiary under this
paragraph, including costs of procuring evidence of title incurred in connection with
sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under
the terms of this Deed of Trust, not then repaid, with accrued interest at the amount
allowed by law in effect at the date,of this Deed of Trust; all other sums then secured
by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled
to the remaining proceeds.
General Provisions
(7) This Deed applies to, inures to the benefit of, and binds all parties to this Deed of
Trust and their heirs, legatees, devisees, administrators, executors, successors, and
assigns. The term "Beneficiary" shall mean the holder and owner, including pledgee,
of the Note secured by this Deed of Trust, whether or not named as a beneficiary in
this Deed of Trust, and the heirs, legatees, devisees, administrators, executors,
successors, and assigns of any such person. In this Deed, whenever the context so
requires, the masculine gender includes the feminine and/or neuter, and the singular
number includes the plural.
Acceptance by Trustee
(8) 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 to
this Deed of Trust 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.
Substitution of Trustees
(9) Beneficiary, or any successor in ownership of any Indebtedness secured by this
Deed of Trust, may from time to time, by written instrument, substitute a successor or
successors to any Trustee named in or acting under this Deed of Trust. The substitution
instrument shall set forth the following: the date of recordation of this Deed of Trust;
the name of the Trustor; the book and page where this Deed of Trust is recorded; and
the name of the new Trustee. When executed by Beneficiary and duly acknowledged -
and recorded in the office of the recorder of the county or counties where the Property
is situated, the substitution instrument shall be conclusive proof of proper substitution
of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without
conveyance from the Trustee predecessor, succeed to all its title, estate, rights,
powers, and duties.
Cumulative Powers and Remedies
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at the time of sale. Trustee may postpone sale of all or any portion of
- the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
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(10) The powers and remedies conferred in this Deed of Trust are concurrent and
cumulative to all other rights and remedies provided in this Deed of Trust or given by
law. These powers and remedies may be exercised singly, successively, or together,
and as often as deemed necessary.
Conclusiveness of Recitals
(11) The recitals contained in any reconveyance, trustee's deed, or any other .,
instrument executed by the Trustee from time to time under the authority of this Deed
of Trust or in the exercise of its powers or the performance of its duties under this Deed
of Trust, shall be conclusive evidence of their truth, whether 'stated as specific and
particular facts, or in general statements or conclusions. Further, the recitals shall be
binding and conclusive on the Trustor, the Trustor's heirs, executors, administrators,
successors, and assigns, and all other persons.
Attorney's Fees
(12) If any action is brought for the foreclosure of this Deed of Trust or for the
enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor
agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable
attorney's fees; and these sums shall be secured by this Deed of Trust.
Cotrustees
(13) If two or more persons are designated as Trustee in this Deed of Trust, any, or all,
power granted in this Deed of Trust to Trustee may be exercised by any of those
persons, if the other person or persons are unable, for any reason, to act. Any recital
of this inability in any instrument executed by any of those persons shall be conclusive
against Trustor and Trustor's heirs and assigns.
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record as provided by law. Trustee is not obligated to notify any party to
this Deed of Trust 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.
Substitution of Trustees
(9) Beneficiary, or any successor in ownership of any Indebtedness secured by this
Deed of Trust, may from time to time, by written instrument, substitute a successor or
successors to any Trustee named in or acting under this Deed of Trust. The substitution
instrument shall set forth the following: the date of recordation of this Deed of Trust;
the name of the Trustor; the book and page where this Deed of Trust is recorded; and
the name of the new Trustee. When executed by Beneficiary and duly acknowledged -
and recorded in the office of the recorder of the county or counties where the Property
is situated, the substitution instrument shall be conclusive proof of proper substitution
of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without
conveyance from the Trustee predecessor, succeed to all its title, estate, rights,
powers, and duties.
Cumulative Powers and Remedies
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at the time of sale. Trustee may postpone sale of all or any portion of
- the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
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Request for Notices of Default and Sale
NOTICE:
The undersigned Trustor requests that a copy of any notice of default and of any notice
of sale under this Deed of Trust be mailed to Trustor at the address of Trustor set forth
above.
TRUSTOR
1`€`L[f of 1lAtvka..o;/ Sa.tt (5 etrila rd(ko 4,,ar
By: g Nab aKtoadtt40
Signature of Trustor: -
By:
•
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Development Services
1.00
22795 Barton Road
FeesTe 2 .00
xe
Grand Terrace, CA 92313 Other 0.00
PAID $21.00
•
RELEASE OF NOTICE OF ACTION ON REAL PROPERTY
(Cal. Gov. Code Sec. 27280 et seq.)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of _If,,,v Q�,¢4.),4< L O )
On Jam-/s- .f2,/cF" before me, J)�461 I 1,r 0 c ,ii iveaz /a/ is
(insert name and title of thdofficer)
personally appeared J 4lfJ/]) ) ,% .4) ,
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. N DEBRA L.THOMAS
Commission#2130209
i.. �3. Notary Public-California z
San Bernardino County
""', My comet.Ex fires Nov 10,2019—
Signature �P (Seal)
Trustee in this Deed of Trust, any, or all,
power granted in this Deed of Trust to Trustee may be exercised by any of those
persons, if the other person or persons are unable, for any reason, to act. Any recital
of this inability in any instrument executed by any of those persons shall be conclusive
against Trustor and Trustor's heirs and assigns.
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record as provided by law. Trustee is not obligated to notify any party to
this Deed of Trust 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.
Substitution of Trustees
(9) Beneficiary, or any successor in ownership of any Indebtedness secured by this
Deed of Trust, may from time to time, by written instrument, substitute a successor or
successors to any Trustee named in or acting under this Deed of Trust. The substitution
instrument shall set forth the following: the date of recordation of this Deed of Trust;
the name of the Trustor; the book and page where this Deed of Trust is recorded; and
the name of the new Trustee. When executed by Beneficiary and duly acknowledged -
and recorded in the office of the recorder of the county or counties where the Property
is situated, the substitution instrument shall be conclusive proof of proper substitution
of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without
conveyance from the Trustee predecessor, succeed to all its title, estate, rights,
powers, and duties.
Cumulative Powers and Remedies
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at the time of sale. Trustee may postpone sale of all or any portion of
- the Property by public announcement at the time and place of sale, and from time to
time thereafter may postpone the sale by public announcement at the time fixed by the
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•
ATTACHMENT"A"
LEGAL DESCRIPTION
Sin 3e r.- l-ct.wo
That real property located in the State of California, County ofQrarrge,Authority Grand Terrace, and
described as follows:
COMMENCING AT THE NORTHWEST CORNER OF LOT 36, SECTION 5, TOWNSHIP 2 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE.MAP OF LANDS
OF EAST RIVERSIDE LAND COMPANY, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 44, RECORDS OF SAID
COUNTY; THENCE SOUTH ALONG WEST LINE OF SAID LOT, 387.5 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 77.5 FEET; THENCE AT RIGHT ANGLES EAST AND
PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET; THENCE AT A RIGHT ANGLE NORTH
AND PARALLEL WITH THE WEST LINE OF SID LOT 36, 77.5 FEET;THENCE AT RIGHT ANGLE WEST
AND PARALLEL TO THE NORTH LINE OF SAID LOT 36, 280 FEET TO THE POINT OF BEGINNING.