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HomeMy WebLinkAboutC-4477(A) - East Balboa, Blvd, 608 & Washington St, 209 (Palm Lot) - Deed of Trust with Assignments of RentsRECORDING REQUESTED BY CHICAGO TITLE COMPANY AND WHEN RECORDED MAIL TO Name CITY OF NEWPORT BEACH Street Address a Municipal Corporation city & 3300 Newport Blvd. State Zip Newport Beach CA 92663 RECORDING FEE EXEMPT PER GOVT. CODE a SEC. 61a3 & 27383 Title Order No. q ldib 9 1111 Escrow No,0135o$1,5 This Document was electronically recorded by Chicago Title Commercial Recorded In Official Records, Orange County Tom Daly, Clerk -Recorder 111111111111011111111111101111 I1lI1 NO FEE 2010000124954 02:22pm 03/16/10 106 401 D11 A36 4 0.00 0.00 0.00 0.00 9.00 0.00 0.00 0.00 Assessors Parcel Number: 048.116-04 and 048.116.05 maS SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST WITH ASSIGNMENT OF RENTS This DEED OF TRUST, made CITY OF NEWPORT BEACH, a Municipal Corporation whose address is 3300 Newport Blvd., Newport Beach, California 92683 (Number and Street) (City) (State) CHICAGO TITLE COMPANY, a California Corporation, herein called TRUSTEE, and LEVON GUGASIAN AND ZAROUHI M. GUGASIAN Trustor Irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale that property in CITY OF NEWPORT BEACH County of ORANGE (Zip Codo) between herein called TRUSTOR, . herein called BENEFICIARY, , State of Callfomla, described as: LOTS 7, 8, 9, 10 AND 11, IN BLOCK 7, BALBOA TRACT, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 7, PAGE 11, OF MISCELLANEOUS MAPS. Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of $ 1,500,000.0o with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of the Beneficiary, and extensions or renewals thereof; (2) the performance of each agreement of Trustor incorporated by reference or contained herein or reciting It is so secured; (3) Payment of additional sums and Interest thereon which may hereafter be Loaned to Trustor, or his or her successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. A. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor agrees: (1) To keep said property In good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for tabor performed and materials furnished therefore; to comply with air laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof, not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporifng to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, Including cost of evidence of title and attomey's fees in a reasonable sum, in any action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to forectose this Deed of Trust. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due. all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Trustor fait to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon saki property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, In exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees. Page 1 (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date, of expenditure at the amount allowed by law in effect al the date hereof, and to pay tor any statement provided for by law In effect et the date hereof regarding the obligation secured hereby, any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance, (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his or her right either to require prompt payment when due of all other sums so secured or to declare default for faiture so to pay, (3) That at any time or from time to time, without liability therefore and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join In any extension agreement or any agreement subordinating the hen or charge hereof. yY Trustee4) Tf r cancellwritten i onnand retentions beneficiary disposit on as ll Trustee secured solebdiscretionsmay choose anndnuponspaymenthof Its fees, and steeoshal reconvey, without warranty, the property then held hereunder, The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof, The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto". (5) That as additional security, Truslor hereby gives to and confers upon Beneficiary the right, power and authority during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor In payment of any Indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable, Upon any such default, Beneficiary may at any time without notice, either In person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the Indebtedness hereby secured, enter upon and take possession of said properly or any part thereof, in his or her own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable altomey's fees, upon any indebtedness secured hereby, and In such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. then retquired be y taw, such e as demandouTrustor law sell lsaid properrty at the of and place of default, it n said oticeof sale, eithersasgiven a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash In lawful money of the United States, pine bo time thereafter Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from may postpone such sale by public announcement at the time fixed by the preceding postponement Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Truster, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not Bien repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all otheYYr sums then secured hereby; and the remainder, If any, to the person or persons legally entitled thereto. successor Beneficiary, oar toa nyT ustee named herein orof yacting hereunder which instrument, exeetuted by 1 e Beneficiary and duly acknosubstitute edged and recorded in the office of the recorder of the county or counties where said property Is situated. shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall without conveyance from the Trustee predecessor, succeed to all Its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds ail parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term Beneficiary shaft mean the owner and holder, including pledges, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and the singular number includes the plural. obligated to notify any parrtty heretTrust of pendingt sale under dulynothereed of acknowledged, rust or of any is action made proceeding in whichprovided Truster, by nefificiary or Trustee shall be a party unless brought by Trustee. Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum allowed by laws. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him or her al his or her address hereinbefore set forth. Dated (flP Pik' 15) •'o 10 STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the persons) 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 Signature Signature of Trustor SIGNATURES ON FOLLOWING PAGE Page 2 (This area for official notarial scan) IN WITNESS WHEREOF, the City has signed Deed of Trust on the date set forth below. Dated: M1rc J 1 20jo ATTEST: By: Leflani I. Brown, City Clerk 141rN-- APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY B Leonie Mulvihill, Assistant City Attorney 3,15.10 municipal corporat, By: RT BEACH, a and charter city Michael F. Henn, Mayor Pro Tem CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Jl(Cl2iD Date personally appeared before me, •,•r c/-•e ,`•,4'tC r-,./• •i^ •i, /' i^• r., ••ac •/^ tou Hal Insert Na Q. I Nit e and Title of ytheit :Lt/LV t Name(s) of Signer s SHANA ELISE STANLEY • Commission # 1861499 '71 Notary Public - California z ,r �r 1h Orange County Expires Au t6, 20t3 Place Notary Seal and/or Stamp Above who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she1threy executed the same in his/heritheir authorized capacity(iee), 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. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: WITNESS my hand and official seal. Signature: qt.m.xatv." Signature of Notary u lc Signer Is Representing: • RIGHT THUMBPRINT: OF SIGNER' Top of thumb here Signer's Name: ❑ Corporate Officer — Titie(s): ❑ Individual ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER.:7,%., Top of thumb here 02008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chateworlh, CA 91313.2402 • www.NationalNotary.org Item 05907 Reorder. Call To4•Free 1.800.878-8827