2010 Habitat for Humanity of the Coachella Valley, Inc. - Deed of TrustRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:)
La Quinta Redevelopment Agency
P.O. Box 1504
La Quinta, CA 92247
Attn: RDA Secretary / City Clerk
DEED OF TRUST
DOC # 2010-0414646
08/30/2010 08:00A Fee:NC
Page 1 of 6
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
11111111111111 M 111111111111111111111111111111111101
S
R
U
PAGE
SIZE
DA
I MISC
I LONG
I RFD
I COPY
M
A
L
465
426
PCOR
NCOR
SMP
CHG
/EXAM
- 80
-IT
CTY
UNI
Exempt from Recordation Fee per Gov. Code § 27383
Y
IN
This DEED OF TRUST ("Deed of Trust') is made as of the J day of.Au&A5—t 12010,
by and among HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC.,
a California nonprofit public benefit corporation ("Trustor"), whose address is
PO Boxlli3$ Phr.M bCSE,k7 , CA`i2_255 ("Truster"), fif5T AMEQtcAnl rix C,3.>
•C_AL-WgP IIA CORP. ("Trustee"), and the LA QUINTA REDEVELOPMENT AGENCY,
a public body, corporate, and politic ("Beneficiary"), whose address is 78-495 Calle Tampico,
La Quinta, CA 92253.
1. Grant in Trust. Trustor grants to Trustee in trust, with power of sale and right of
entry and possession, that certain property in the City of La Quinta, County of Riverside, State of
California, described in Exhibit "A" attached hereto and incorporated herein by reference
("Property"), together with rents, issues and profits thereof.
2. Obligations Secured. Truster makes this grant and assignment for the purpose of
securing the following obligations: (a) payment of the sum of One Hundred Seventy -Four
Thousand Nine Hundred Forty Dollars ($174,940) (`Note Amount'), with interest thereon
according to the terns of a promissory note or notes of even date herewith made to Trustor,
payable to order of Beneficiary, and modifications, extensions or renewals thereof (`Note");
(b) performance of all obligations of Truster under the Note, the Affordable Housing Agreement
between Truster and Beneficiary dated g Z 3 , 2010 ("AHA"), the Affordable Housing
Agreement and Declaration of Covenants, Conditions and Restrictions between Truster and
Beneficiary, recorded against the Property on or about the date hereof (`Declaration"), this Deed
of Trust, and each agreement of Trustor incorporated by reference or contained herein, as such
agreements may be amended from time to time (collectively, the "Agency Agreements"); and
(c) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or
its successors or assigns, when evidenced by a promissory note or notes reciting that they are
secured by this Deed of Trust. Terms not otherwise defined herein shall have the definitions
ascribed thereto in the AHA.
3. Acceleration of Note Amount Upon,Sale, Encumbrance, or Default. To the
extent permitted by applicable law, if Trustor shall: (a) directly or indirectly, voluntarily, or
involuntarily, sell, assign, transfer, dispose of, alienate, encumber, lease, or agree to sell, assign,
transfer, dispose of, alienate, encumber, or lease all or any portion of any interest in the Property
(excluding the transfer of the Homes to Eligible Households at an Affordable Sales Price, if done
in accordance with the A14A and the Declaration); (b) fail to complete construction of the
882/015610-0046 -
1106784.02 a07/29/10 ' 1'
Project, as evidenced by Beneficiary's issuance to Trustor of a Release of Construction
Covenants, within nine (9) months following the date Trustor commences construction of the
"Project" pursuant to the AHA; or (c) default on any of its obligations set forth in the Note,
AHA, Declaration, or this Deed of Trust, Beneficiary, at its option, may declare the entire
indebtedness evidenced hereby, including, without limitation, all accrued interest, to be
immediately due and payable and collectible then or thereafter as Beneficiary may elect.
AN EVENT OF ACCELERATION OR PAYMENT UNDER THE NOTE, WHETHER
VOLUNTARY OR DUE TO AN EVENT OF ACCELERATION, SHALL NOT TERMINATE
THE AFFORDABLE RESTRICTIONS OR THE FORTY-FIVE YEAR AFFORDABILITY
PERIOD SET FORTH IN THE AFFORDABLE HOUSING AGREEMENT. TRUSTOR
EXPRESSLY ACKNOWLEDGES THE FOREGOING.
Trustor's Initials /8-
4. No Cure. In the event Beneficiary collects and receives any rents under the Deed
of Trust upon any default hereof, such collection or receipt shall in no way constitute a curing of
the default, except if and to the extent the same are sufficient to cure all monetary defaults and
no other defaults then exist.
5. Possession Upon Default. Upon the occurrence of and during the continuation of
a default, Beneficiary, after having given notice and the applicable cure periods having expired
with the default having not been cured (hereinafter, a "default"), may, at its option, without any
action on its part being required and without in any way waiving such default, take possession of
the Property in accordance with applicable law and have, hold, manage, lease and operate the
same, on such terms and for such period of time as Beneficiary may deem proper, and may
collect and receive all rents and profits, with full power to make, from time to time, all
commercially reasonable alterations, renovations, repairs or replacements thereto as may seem
proper to Beneficiary, and to apply such rents and profits to the payment of (a) the cost of all
such alterations, renovations, repairs and replacements, and all costs and expenses incident to
taking and retaining possession of the Property, and the management and operation thereof, and
keeping the same properly insured; (b) all taxes, charges, claims, assessments, and any other
liens which may be prior in lien or payment of the Note, and premiums for insurance, with
interest on all such items; and (c) the indebtedness secured hereby, together with all costs and
attorney's fees, in such order or priority as to any of such items as Beneficiary in its sole
discretion may determine, any statute, law, custom or use to the contrary notwithstanding. Any
amounts received by Beneficiary or its agents in the performance of any acts prohibited by the
terms of this assignment, including, but not limited to, any amounts received in connection with
any cancellation, modification or amendment of any lease prohibited by the terms of this
assignment and any rents and profits received by Trustor after the occurrence of a default shall
be held by Trustor as trustee for Beneficiary and all such amounts shall be accounted for to
Beneficiary and shall not be commingled with other funds of the Trustor. Any person receiving
any portion of such trust funds shall receive the same in trust for Beneficiary as if such person
had actual or constructive notice that such funds were impressed with a trust in accordance
therewith.
6. Receiver. In addition to any and all other remedies of Beneficiary set forth under
this Deed of Trust or permitted at law or in equity, if a default shall have occurred and not have
882/015610-0046
1106784.02 a07/29/10 _2
been cured within any applicable cure period, Beneficiary, to the extent permitted by law and
without regard to the value, adequacy or occupancy of the security for the Note and other sums
secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver
to enter upon and take possession of the Property and to collect all rents and profits and apply the
same as the court may direct, and such receiver may be appointed by any court of competent
jurisdiction by ex parte application and without notice, notice of hearing being hereby expressly
waived. The expenses, including receiver's fees, attorneys' fees, costs and agent's
compensation, incurred pursuant to the power herein contained shall be secured by this Deed of
Trust.
7. Partial Reconveyances of Deed of Trust. Provided Trustor is not in default of
any of the Agency Agreements, upon the initial transfer of title of each Home on the Property by
Trustor to an Eligible Household at an Affordable Sales Price in accordance with the ARA, this
Deed of Trust shall be partially reconveyed as to that Home.
8. Incorporation of Fictitious Deed of Trust. To protect the security of this Deed
of Trust, and with respect to the property above described, Trustor expressly makes each and all
of the agreements, and adopts and agrees to perform and be bound by each and all of the terms
and provisions set forth in subdivision A, and it is mutually agreed that, except as provided
below, each and all of the terms and provisions set forth in subdivision B of the fictitious deed of
trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964, in
the book and at the page of Official Records in the office of the county recorder of the county
where said property is located, noted below opposite the name of such county, namely:
COUNTY
BOOK
PAGE
COUNTY
BOOK
PAGE
COUNTY
BOOK
PAGE
COUNTY
BOOK
PAGE
Alameda
1288
556
Kings
858
713
Placer
1028
379
Siena
38
187
Alpine
3
130-31
Lake
437
110
Plumes
166
1307
Siskiyou
506
,762
Arrador
133
438
Lassen
192
367
Riverside
3778
347
Solano
1287
621
Butte
1330
513
Los Angeles
T-3878
874
Sacramento
5039
124
Sonoma
2067
427
Calaveras
185
338
Modem
911
136
San Benito
300
405
Smnislaus
Iwo
56
Colusa
323
391
Maria
1949
122
San Bernardino
6213
768
sun.
655
585
Contra Costa
4684
1
Mariposa
90
453
sun Francisco
A-804
596
Tehama
457
183
Del Norte
101
549
Mendocino
667
99
San Joaquin
2855
283
Trinity
108
595
El Dorado
704
635
Merced
1660
753
San Luis Obispo
1311
137
Tulare
2530
108
Fresno
5052
623
Motion
191
93
San Mateo
4778
175
Tuolumne
177
160
Glenn
469
76
Mono
69
302
Santa Barbara
2065
881
Ventura
2607
237
Humboldt
801
83
Monterey
357
239
Santa Clam
6626
664
Yolo
769
16
Imperial
1189
701
Napa
704
742
Santa Cruz
1638
607
Yuba
398
693
Ingo
165
672
Nevada
363
94
Shasta
800
633
Kem
3756
69D
Orange
7182
18
San Diego
SERIES
5 Book 1964,
Page 149774
shall inure to and bind the parties hereto, with respect to the property above described. Said
agreements, terms and provisions contained in said subdivision A and B (identical in all counties,
and printed on pages 6 and 7 hereof) are by the within reference thereto, incorporated herein and
made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and
Beneficiary may charge for a statement regarding the obligation secured hereby, provided the
charge therefore does not exceed the maximum allowed by law.
Notwithstanding the incorporation herein of subdivision A and Subdivision B of the
fictitious deed of trust referenced above (the "Fictitious Deed of Trust"):
(a) In the event of a fire or other casualty for which Trustor has procured
insurance, if, upon Trustor's receipt of the insurance proceeds thereunder, Trustor will be
882/015610-0046
1106784, 02 a0729/10 -3-
i
financially, and in all other respects, capable of rebuilding the Project on the Property, as
reasonably determined by Beneficiary, Trustor shall be entitled to retain the insurance proceeds
for the sole purpose of rebuilding the Project.
(b) In the event of a condemnation of any portion of the Property, if, upon
Trustor's receipt of the condemnation award in connection therewith, Trustor will be financially,
and in all other respects, capable of rebuilding the Project on the Property, as reasonably
determined by Beneficiary, Trustor shall be entitled to retain the condemnation award for the
sole purpose of rebuilding the Project.
(c) Partial reconveyances under this Deed of Trust are permitted.
(d) To the extent the provisions set forth in paragraph 5 of Subdivision B of
the Fictitious Deed of Trust are inconsistent with the provisions in Section 5 and/or Section 6 in
this Rider, the provisions in Section 5 and Section 6 in this Rider shall prevail.
IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date set
forth above.
HABITAT FOR HUMANITY OF THE
COACHELLA VALLEY, INC., a California
nonprofit
{public benefit corporation
Dated: ��ZO ID By:
Its: STrz'yE.N S, ► kk L-e.VLI 12 c..s"Y LWL
Dated: �I I �� 2 0/ U By: T J
Its: �r
882/015610-0046
1106784.02 a07129110 -4-
State of California
County of Riverside
On q/1t /,a.OI O before me, �e ll.Qae �n w t ,
in�rt name and title of the o)
Notary Public, personally appeared 0 h S 4(� V
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.
1 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. CaaNmMon a 1697>'YM
CaBbedo
�O ,:
Signature .Q." y ITS
Yh� ITS M0.hial
*1l09779 to
State of California
County of Riverside
On g(, t/101010 before me, Q" 6n�
� �nsert name and titl�of the officer) V
Notary Public, personally appeared \T' + ' n ds� c— �`i% '� ,
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.
Signature >Ls�
882/015610-0046
1106784 02 a07/29/10
(Seal)
P1fY1t161 ANM
C6mnPowan 0 16"M
Tway FWAC • cowa ilo
Evenkte Coady
*:*Cum. Dphim0cl 16,201
[W V 0 0 9 M
T%,y llls M&#dey
1b97744
EXHIBIT "A" TO DEED OF TRUST
LEGAL DESCRIPTION OF PROPERTY
Real property in the City of La Quinta, County of Riverside, State of California,
described as follows:
LOTS 13 AND 14 IN BLOCK 175 OF SANTA CARMELITA AT VALE LA
QUINTA, UNIT NO. 18, AS SHOWN BY MAP ON FILE IN BOOK 19 PAGES
30 AND 31 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPTING THEREFROM ONE -SIXTEENTH OF ALL COAL, OIL, GAS
AND OTHER MINERAL DEPOSITS IN SAID LAND, AS RESERVED IN
THE PATENT FROM THE STATE OF CALIFORNIA, RECORDED JULY 26,
1934 IN BOOK 182 PAGE 463 OF OFFICIAL RECORDS OF RIVERSIDE
COUNTY, CALIFORNIA.
APN: 774-044-012-3 and 774-044-011-2
882/01561M046
110678402.07/29/10