Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
PM 2003-427
f EXHIBITA CERTIFICATE OF PARCEL MERGER NO,03-427 Existing Parcels Record Owners Assessor Parcel Numbers Katerine/Ricardo Rodriguez 773-314-009 773-314-010 Legal Description of Merged.Parcel Lots 17 and 18 of Block 172, Santa Carmelita . @ Vale La Quinta, Unit 17, as per map recorded in -Book 19, pages 19 & 20 of Maps in th office of the Recorder of Riverside County. Awr 11,sslon, .Y D" PepL EXHIBIT B CERTIFICATE OF -PARCEL MEAGER NO. CH/HUAfIUA Record Owner`'" Address SLR?v .�vr_'.".2t A�✓qp:, Map Prepared By. Address Area/District )14 -t A N NrS. This Certificate of Parcel Merger No.-2 le- f is hereby approved By a✓, N£ S!Si T- Date 0 11 c 0 C) 'ems �X )wD P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 July 15, 2003 Katherine and Ricardo Rodriguez 52930 Avenida Alvarado La Quinta, CA 92253 SUBJECT: PARCEL MERGER 2003-427; APN's 773-314-009, 010 Dear Mr. & Mrs. Rodriguez: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The Community Development Department has reviewed the above referenced application, and provides this letter to advise you of its approval. Enclosed is your original draft grant deed form (to be notarized and recorded), and approved Exhibits A, B and Site Plan. These items must be recorded by Riverside County, along with a copy of your existing deed(s) to the property. A copy of the revised, recorded grant deed must be submitted to the Community Development Department along with any future permit application(s). Please be aware that, as the property owner, it is your responsibility to record these documents. The City cannot file them to be recorded on your behalf, as we do not have any ownership interest in the property. The Riverside County Recorder's office can be reached at 909-486-7000. Enclosed is a letter to the County Recorder verifying approval of the merger by the City, and requesting it's recording. There are utility agencies which may have easements affected by this approval. The City has approved this merger based on zoning compliance and correctness of the property descriptions. Any potential conflicts withrecorded utility easements should be investigated prior to any construction. By execution of this approval, the applicant agrees to indemnify, defend, and hold harmless the City of La Quinta from any legal claim or litigation arising out of the City's approval of this parcel merger. If you have any questions, please contact me at 760-777-7069. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR G� Z47 ILII �_-- -- Wallace Nesbit Associate Planner WN/wn encl. c: Address file; 52930 Avenida Alvarado (Building & Safety) File; Parcel Merger 2003-427 . P:\Wally\Counterfiles\Cdrivetemp\mgr2003427.wpd 5 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 July 15, 2003 County Recorder County of Riverside P. 0. Box 751 Riverside, CA 92502-0751 SUBJECT: RECORDING OF PARCEL MERGER 2003-427 To Whom It Concerns: (760) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 The City of La Quinta has approved the above referenced Parcel Merger. Please allow its recording as presented by the Applicant. Should you have any questions, please call me at (760) 777-7069. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DEPARTMENT Wallace Nesbit Associate Planner W N/wn c: File; Parcel Merger 2003-427 S I-T E PLAN CERTIFICATE OF PARCEL MERGER, NO,yz - t t 4 111 f � t j ' f Y /4nnroved9 by RecoidOwnerC planning Commisslon D Address 5 2:i' fa ✓�v�: y+ !1� v By City Council lkcommu Dev. Dept. P Map Prepared ,g„y,� cl.-�— Address Initials scale If f 3 Case No. - � Exhibit f'e F,� Assessors Parcel Na '? 3' 3 - 3/Y - oc) q� C>/c> ❑ With Conditions eso n I� �- f La Quinta inity Development Department Calle Tampico Q ita, California 9 5-3— �92003 77-7125MAY 0 OF LA iUW Ai A--_ PARCEL MERGER APPROVAL OFFICE USE ONLY Case No. 0 2 Date Recvd Fee:2 m �. Related Apps: Logged in by: 1M PARCEL MERGER applications are reviewed and'approved by the Community Development Director pursuant to Chapter 13.36 of the Subdivision Regulations. The purpose is to allow merger of contiguous parcels or units of real property, under common ownership. ......................................................... APPLICANT 1�aA a'R6R 3r (Print) MAILING ADDRESS 52 CI 50 74yp . A l ✓GU'OO' Phone No.. ��riOO, �J -G � CITY, STATE, ZIP: �,I C 6�ZZSS Fax No. ` f 60 5(04 -0466 PROPERTY OWNER (If different): (Print) MAILING ADDRESS CITY, STATE, ZIP: MERGER LOCATION: Assessor Parcel Number of Parcels to be Merged: Phone No. Fax No: Parcel 1 ? 15 - 3 4 - Djo-q._ Parcel 2 3- 514 - b i D Parcel - - Parcel4 - - (Attach additional sheets, if necessary) Merger may be processed if the following requirement is satisfied: ❑ At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an' accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. A 12-form417.wpd 12/ 17/99' To obtain approval of a merger, the following criteria shall be met: ❑ The merger complies with the standards specified in Section above. ❑ The parcel will be consistent with the zoning of the property. ❑ The parcel will not conflict with the location of existing structures on the property. ❑ The parcel will not be deprived of adequate access as a result of the merger. ❑ Access to adjoining properties will not be restricted as a result of the merger. ❑ No new lot lines are created by the merger. ❑ Existing grant deeds or title reports for all affected parcels. ❑ New, original, unrecorded Grant Deeds for each resulting parcel with the following: ❑ Correct legal description of the merged parcel and the statement, "This Grant Deed reflects Parcel Merger No. , as approved the City of La Quinta." ❑ Completed Certificate of Parcel Merger No. , "Exhibit A" ❑ Completed Certificate of Parcel Merger No. , "Exhibit B" - Plat showing merged parcels ❑ Completed Site Plan, showing merger parcels and existing structures and improvements; if any. ❑ If metes and bounds legal description is used for merged parcels, closing calculations shall be submitted. ❑ Filing fee for Parcel Merger. If filing multiple applications, the most expensive application will be charged full fee, with remaining related applications discounted 50% for each. .•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•.o..•..•..•..•..•..•..•. .. •..•. • .•.•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•. ................................. . . ................. SIGNATURE OF APPLICANT DATE NAME OF APPLICANT `�O�D t Q(,b� J71e 1ST 1"CQ`�G)p�-7rip f�%P/Z (Please print) SIGNATURE OF PROPERTY OWNER(S) IF NOT SAME AS APPLICANT: DATE NAMEOF OWNER (Please print) (Separate written authority by owner.to submit application may be submitted) NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. RECORDING REQUESTED BY • • AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: Name Ricardo & Katherine Rodriquez Street 52-930 Ave.Alvarado Address city & La Quinta, CA 92253 State Zip Title Order No. T 355 Legal (2.94) Escrow No. 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) —0— DOCUMENTARYTRANSFERTA IS $ A1'I'A Parcel No. oJi ea dN isuld ❑ computed on full value of interest or property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and RICARDO RODRIQUEZ JR ndDKATHERINE RODRIQUEZ,eh sba d anddwife as Joint hereby GRANT(S) to RICARDO RODRIQUEZ JR. and KATHERINE RODRIQUEZ, husband and wife as Joint T the following_cjescribpq real property in the City of La Quinta count of Riverside Y ,state of California: Lots 17 and 18 of Block 172, Santa Carmehta at Vale La Quinta' Unit 17, as per map recorded in Book 19, pages 19 and 20 of maps in the office of the County Recorder of said County THIS DEED REFLECTS PARCEL MERGER NO b3 -y2� , AS APPROVED BY THE CITE' LA QUINTA i Dated STATE OF CALIFORNIA COUNTY OF On _ I S.S. before me, a Notary Public in and for said County and State, personally appeared personally known to me (or 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. WITNESS my hand and official seal Signature (This area for official notarial seal) R - --- • v. v=�== =.0 r. io av rtucl I JrlvwfN UN kULLUWLNG LINE; IF NU PARTY SHOWN, MAIL AS DIRECTED ABOVE Jame Street Address City &State Order No. Recording Requestrd By Escrow No. CHICAGb TITLE COMPANY Loan No. -- WHEN RECORDED MAIL TO: Katherine Rodriquez 52-930 Ave. Alvarado La Quinta, CA 92253 �7s 40 pa.0 art 286062 RECEIVED FOR RECORD AT 2:00 O'CLOCK AUG 12 1997 II SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ ....-�'............................ ....Computed on the oonsideration or value of property conveyed; ....Computed on the consideration or value less hens or encumbrances remaining at time of sale; OR ....Exempt from imposition o1 the Documentary Transfer Tax pursuant to Revenue and Taxation Code § 11827(a), on transferring community, quasi -community, or quasi -marital property assets between spouses, pursuant to a judgment• an order, or a written agreement between spouses In contemplation of any such judgment or order. fM e"o0aor R4 ds al rtw.eb, Cwry.ers.�4 Raor�Fen t Signature of declaring grantor or grantee INTERSPOUSAL TRANSFER GRANT DEED (Excluded from reappraisal under California Constitution Article 13A § 1 at seq.) This is an Interspousal Transfer and not a change in ownership under § 63 of the Revenue and Taxation Code and Grantors) has(have) checked the applicable exclusion from reappraisal: ❑ A transfer to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor, ❑ A transfer to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of a marriage or legal separation; ❑ A creation, transfer, or termination, solely between spouses, of any co -owner's interest; ❑ The distribution of a legal entity's property to a spouse or former spouse in exchange for the Interest of such spouse in the legal entity In connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation; ❑ Other: D4 Check when creating separate property Interest In grantee spouse: It Is the express Intent of the grantor, being the spouse of the grantee, to convey all right, title and Interest of the grantor, community or otherwise, In and to the herein described property to the grantee as his/her sole and separate property. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to Ricardo Rodriquez Jr. Katherine Rodriquez MAIL TAX STATEMENTS TO: Same as above (continued on reverse side) lour (11" Pamlal -I oo N 0C�N ogw; n rn mo Hr oo i Z j 0 j, La Quanta Riverside the real property In the City of County of State of California, described as Lot 17 of Block 172, Santa Carmelite at Vale La Quints Unit no. 17' as shown by maps In Book 19 page 19, records of said County. �bbC�tn lm0° c- g� �3 x8 '�na /� �z oared 4 E lg7 % Z J STATE OF CALIF yam. 12�c.,�cQo iZo cQ�lt�uez , . m o COUNTY OF / {rs d"� On K $ before me. an e cTL.n per ally Ilppeet personaly known ki me (or roved to me on Te basis of sadslactory evidence) to be the persons) *hose name(§E9e subscribed to the- 1 within rnslrumeM ale aek O_E 111) nm*dpd to M th�aNley executed Iha 4 COMM. / 1001719 • m 't^rvr wbrK<rlloml, same Ir(M horitheir aultorced capacity(ies), and that his Men crviltvOF [OFmlr b �Commirrbn s,gnature(s) an inSlMnOm Ula person(s) or 0te erMily upon Dahall of � AUCUST 19, 1997 � ---�..� I Which eta (S) 8cted, exe Xot$ the instrunwi. I WITNESS myh and..alklel ar. (rNs area la otric�al notaal Seal) `. • _ i 100411941 J _.. 4_ pale 2at 1 I_ 1=1 - i_i RecordQ Requested By CHICA001)TLE CO 4PANY 286061 n —J RECORDING REOVESTED BY: RECEIVED FOR RECORD �' U AT 2:00 O'CLOCK AND WHEN RECORDED. MAIL TO: _..•a PAID 17 Doc. Transfer Tax AUG 12 1997 Katherine Rodriquez 52930 Avenida Alvarado RIv. Co. Recorder FlAmdee,OMoyn� La Quints, CA 92253 Rocaasr Foos S.. NIa SPACE FOR 0.£CORDEA'9 USE ONLY r ASSESSORS PARCEL NO.: 773-314.010 The undersigned Grantor(s) declare that the DOCUMENT TRANSFER ( Oo4o 007 TAX IS: CO TITLE ORDER No.: 7721213 $12.10 . County $ City tot computed on the full value of the Interest of property conveyed. or F� ESCROW NO.: 1764-OS —computed on the full value less the value of liens or encumbrances N remaining thereon at the time of sale. GRANT DEED _OR transfer Is EXEMPT from tax for the following reason: FOR A VALUABLE CONSIDERATION, feceipt of which is hereby acknowledged, ' GInny Downes i hereby GRANT(S).to Katherine Rodriquez, a married woman as her solo and separate property to y all that real property situated in the City of La Quints County of Riverside, State of California, described as: Z m C Lot 17 of Block 172, Santa Carme6la at Vale La Quints Unit No. 17 as shown by maps in Book 19 page 19, Records of Riverside County. California 21 o g Dated July 31. 1997 S2 z 6w yotlt. oRNvc p Z , Z COUNTY OF CA' ' brqSN e� Ginny Do S„e „ nI tl m RoON �' C trAl Notary Publir, personally appezed 1. rn�r�w n eS 1 F` I t Personally known to me (or Proved to me on the Oasis of satisfactory evidence) to be the whose name( ere suhscraied to the within in tend 'nw. t•� persons) acknowledged to me that y Ire same In h r authorized capac4ves), and that by hiIr signatures) on the i the person(s), or the entity Won behalf whl vie person(s) ailed, executed the Instrument WrTNESS my hand official Seal. SANDRA L EVANS ! ;• t 1101ry Rlkd Stets of Men Yarfk Signature _6�,_,(._—� QurAlkd is Erk County 'WjM Apra to 1" d' _• MAIL TAX STATEMENTS TO: • ,..(1YiS BfBa f01 O}fidel notary seep I Katherine Rodriquez - 52930 Avenida Alvarado, La Quints, CA 92253 I ; r _ ' 286063 `0 Order No. Mcordlq ReAuestad 8y RECEIVED FOR RECORD / ' 1 �l Escrow No. CHICAGO ZTTU COMPANY AT 2:00 OCLOCK ��� Loan No. AUG 12 1997 �+ WHEN RECORDED MAIL TO: IN Omn & 8<y Deal rYma�a n txeor rtKoa. aa,�..wrava.c+re.L 38.600 Nasturtlum Way � 07:607ri� Palm Desert CA 92211 \ \_FeosS 1 L SPACE ABOVE THIS UNE FOR RECORDER'S USE (\/ DEED OF TRUST WITH ASSIGNMENT OF RENTS (SHORT FORM) This DEED OF TRUST, made this Afth day of August 1497 between F� Katherine Rodriquez a married unman as her scie and sepam.te property (U herein called TRUSTOR, whose address is 52-930 Avenida Alvarado la Quinla. CA 92253 ... - (Number wW Street) (City) (State) ; I _ EL PASEO FINANCIAL, INC., a Calilomta corporation, herein called TRUSTEE, and Orart H Deal and Batty M. Deal, or their Successors. as Trustees of the Deal ltytng Trust U/A dated 871V89 ; z herein called BENEFICIARY, � — ;a a v( { WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in the p ; MO Count' of Riverside State of California, described as: 0'O�O _ lei )7 of Block )72, Santa Carmeillo at Vale to Quinta Unit na 17 as shaurn by maps in Bolt 19 page 19, CO < p Reca•ds of Ayerside County California I z m 'r Clect,o Tnle Imwence Comperry has meorded this instrument by request as on accy it only and has rat ea itedany it for fegOproperty • of as to to sufficiency or as to its ailed upon the liNa to any reel properr y that met' that t m be described Iceman. together with the rents• issues and profits thereof, subject, however• to the right, power and authority hereinafter given to and i conferred upon Beneficiary to collect and apply such rents. issues and profits for the purpose of securing (1) payment of the sum of S 1t000.00 with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary• and extensions or renewals thereof, (2) the performance of each agreement of Trustor Incorporated by reference or contained herein and (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns• when evidenced by a promissory 4 note or notes reciting that they aro secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each MAP A11111111111, and all of the agreements, and adopts and agrees to perform and be bound by each and all of llte terms and provisions set Its forth in subdivision A. and it is mutually agreed that 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 (continued on reverse side) 1001 4t l Paget Page of 4 � I B 0 and at the page of Official Records in the office of the county recorder of the county where said property is located, not, 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 Slarra 38 187 Alpine 3 130.31 Lake 437 110 Plums$ 166 1307 Slsklyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solana 1287 $21 Butte 1330 $13 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 20 T 427 Colaveres 185 338 Madors 911 138 Son Benno 300 405 Stanlafaus 1970 56 Coluss 323 391 Merin 1649 122 San Bernardino 6213 768 Sutter 655 so Contra Coate 4684 1 Mariposa 90 4S3 Son Francisco A-804 596 Tchama 457 193 Del Norte 101 $49 Mendocino 667 99 Son Joaquin 2855 253 Trinity too 695 El Doredo 704 635 Merced 1660 763 San Luls Obispo 1311 137 Tulare 2530 toa Fresno 5052 623 Modoc 191 93 Son Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69302 Sonia Barbara 2065 861 Ventura 2607 237 Humboldt 801 S3 Monterey 357 239 Santa Clara 6626 684 Yale 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta Soo 633 Kern 3756 690 Orange 7102 16 San Olego SERIES Boot 1964, Pago 149774 shall Inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B, (identical In all counties, and printed on pages 3 and 4 hereoQ are by the within reference thereto, Incorporated herein and made a part of this Deed of Trust for all purposes as fully as it set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby. provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any Notice of Default and any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. 9 I St nature or Trust S COUNTY TATE F F�1 1�. On 1296, before me. ��Er'12�Y1P1z�itP co :N Achy g �0 �� f!) � ���8 o;V m 0 personal= - ----- personally known to me (or proved to mo n the Oasts of satisfactory Y evidence) to be the person(s) whoso name( s�r subscribed to the within bistro tend acblorvkdgcd b ma Brat az the aarne In hl er it aulhorizod capacity(fos), an�hat blry M /ha air signatwo(s) 01e instrument 0to polson(s) er the entity upon hall of which the person(s) acted. executed the instrument. pIANf $EOIN 4 (:O.vtM.I Ifx11739 � �r ' eP NrAuy qAY({rFilprya WITNESS rtyr hand o ifi al seaCl.`(, r ��— r�.�•NF�h�plf/�pm b 1 Signature (This area W official nowdaf seam r (continued on next page) 1001ISM) - Page 2 of 4 Unier No. C481531 Escrow No. 10-1011 Loan No. 1U�sDIn WHEN RECORDED MAIL 10: IL Ricardo 6 Katherine Rodriguez 52-930 Avenida Alvarado La Quints, CA 92253 MAIL TAX STATEMENTS TO: SAME Q A W d cc Q6% if acWa dQ i IL 0 a a" a �to SVACI ABOVE IRIS UN! FOR RECOROE WS VS! DOWMWTARY TRANSFER TAX g-66.55 XComputed on the coaddentioe o• vatus of popeny oenvoystr OR __. Conputed ow fM conidsrsria or value 1m; Gwa or ahcumbrwcet ran ins" at tine of Ills. Slprutrrw of Ooctmwn or Agmt dotwmi,t;na nc Firm Nana GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknovAedged, JEANETTE M. BASSO, an unmarried woman, as to a 5Dk interest, and RUSSELL E. VAUGHT. a single man, as to a 50% interest, both as Tenants in Coupon, hereby GRANTIS) to RICARDO RODRIQUEZ JR. and KATHERINE RODRIQUEZ, husband and wife as Joint Tenants the real property in the City of La Quinta County of Riverside Slate of California, described as Lot 18 of Block 172, Santa Carwelita at Vale La Quinta, Unit 17 as per map recorded in Book 19 pages 19 6 10 of naps in the office of the County Recorder of said County. . Dated July 9, 1987 �� SfA"'WCAlIFORIiAVeraide 1 1 N.-V o v COUNTrOF 1(l Russell E. Vaught on July 11, 1987 .!)elme me. the Ilderugned a Ndary R1bk In and for sad Stale, per son,up, mpeated Jeanette M. Basso and Russell E. Vaught �q parsonaly known to me for coved to me m the haws of salmixiory JEAA .A GiAN evdencel to be the persoraw whore nammsl afire ukwj bed to the � �. :..,.c�l!k,; F[�4' n/hn rrstrurnern erd xkrduledped ro rwr. Thal heisheMey executed the same`V'L��i WITNESS my handand o/twal seal S /a -y I r`�r f / IIM aM lur oll¢W nm.Y —to JEAN kEHAN 1002 16/82) MAIL TAY STATEMENTS AS DIRECTED ABOVE I 0 / q o 278.ri 7 UNRBD TITLE COMR%M WHEN RECORDED MAIL TO I MASTER FINANCIAL INC 333 3OVTN ANITA DIIIVI. 3VTTE 150 ` ORAIXM CAUFORNIA * M0 r a SPACaaaavaTHIS I.INaroaa ROta"eus[ s THIS DEED OF TRUST Is made tits 6th day of Morals. IM among tha Truator, RWARDO ROORNX= JR., AND KATHERINE RO MIOUZZ HUSEAND AND WIFI~ AS JOINT TENANTS (terain'Son ewar), G T. SERVICES CORP. A CALFORNIA CORPCRATION (Weln ?rusted'). and tyre Beneficiary, MASTER FINANCIAL INC a corporation orgarnbod end axWng undo Cra lawn of fits State of CALIFORNIA whose addrma to = SOUTH ANITA DRIVE, SUITE 150 ORANOE,CAUFORNIA 92US (hereln'tandoo. BORROWER, In consideration of the Indebtadnoaa heroin racked and the gruel herein created, Irrevocably grants and conveys to Trustee, fn truer, with power of sale, this following deerribad property loeatad In the County of RIVERSIDE Stale of Calbmla: IEQAI DESCRIPTION ATTACHED HERETO AND MADE A FART HEREOF. which ties the address of 52NO AVENIDA ALVARADO Isv.q LA OUINTA , CastarNa 9=1 (heroin'Proparty Addreal; Icily] tra cod) TOGETHER with all the Inpr r"nonts new of hereafter erected an the property. and all easements. rghm appunamnoee and rents (subject however to the rights and authori6ea given herein to Lender to coaec and apply such Mitts), al of which shall be doented to be and remain a pan of the properly covered by this Deed at Trust: and all of the foregoing, together with said property (or the leasehold estate It this Deed of Trust to an a leaaatold) are hereinafter referred to as it* 'Property' TO SECURE to Lender the repsyntent of fits Indebtedness evidenced by Bortowera note dated March 6th, 1992 end extenalorts and renewals thereof (herein 'Note), In the principal =m of I I.S. $ 15,000.00 , with Interest thereon, providing for mortitdy Installments of principal and Interest Win the balance of the Indebtedness, lt cot Sooner paid, due and payable On April la; 200T the payment of all other Gum, with interest tteroon, advanced In accordanca herewith to protect the —,1 security of this Deed of Trust; and 0% parlorrnance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower is lawfully nabed of Ito esfalo hereby conveyed and has the right to grant and convoy the Property, and that the property Is unencumbered except for aneumWances of record Borrower ovenants that Borrower warrants and wilt defend generally the dde o to Property against Y claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenam and agree as Waves: 1. Payment of Princlpal and Intareat Borrower ation promptly pay when due the principal and interest Indebtedness evidenced by the Note ana late Charges as provided In the Nofav 2. Funds for Taxes said Inaumtaa. Subject to applicablo law or a wrhton waivef by Lander, Borrower shall pay 10 Landeron the day _ marttdy payments of principal and lrtafeat ads payable under the Nola, until the Note Is paid In big, a sum (heron 'Funds") squad to one-hweM of Ih he yearly uses and mis eaments Q.,bAng condomtrdum and planned unit developmenl ammornams, If any) which may attain priority over Ittle Deed of Trust, and ground rem on ter Property, 0 any. plus one -twelfth of yearly planks IretaMents for hazard insurance, plus one-twonth of prarwum VRi »aMGIE LAL CALIFORNIA-SECOND MORTGAGE-i/W- FNMA/FNLMC UNIFORM INSTRUMENT I FORM "m • .t. &mm too mortgage insurance. t sivy. as ea reasonably ea ripsaw May and from tine to arts by Lander on the. boale of resernanta and r 00 TeMnable eetkmaw throol. Bomrawrar Mao not be ouogaad 10 make such payments at funds to Lender to the =W.t that Bomrww a)Iwtwchh payments to the h01dr of a prior mortgage at deed of trust it such holder is an Institutions! Lander. p /onower pays Funds is Lander, the Funds that be held In an Inaftlbn the deposits r socounte of which are Inwood or guaranteed by r. IrdNal or inns agency pnducing Lander ter Lander Is such an Institution). Lender stall apply Via Funds to pay said taxes. smm m -M. Insurance Ownitm and ground rents. Lender may not charge nor so holding and applying the Funds, analyzing sold account of vertying and oonlDling said asmn"nta and bias, unless Lander pays Borrower Intrea on the Funds and applicable taw per I Lander to malw much a charge. Sonower and Warder may agrw In writing a the tin of execution at MW Deed of Trust that Intsmeel on that Funds that be paid b Borrower. and un I such agroemanl is made or applicable law requirse ouch It 1& 10 be paid. Lander led rot be "wed to pay Borrower any interests or earnings on pie Funds. Larder "give to Borrower, without charge, an rmual 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 we pledged es additional 90ou" far the Burr* secured by this Dead o• Trust If the amount at that Funds held by Lander, together with the future monthly kvlaWnwrtt of Funds payable prior to tho due dates of taxes, saaeeer onts, Insurance premiums and ground rents, shag exceed the amount required 10 pay saki taros, assessments, Insurance promilums and ground fonts as they fall duo. ouch excess shag be, aI Borrowers aption, aiter prompty repaid to Borrower or credited to Sonower on monthly tn- staibments of Funds. II the amount of the Funds held by Lender Mil rot be autticlant to pay faxes, Meamnente, Insurance prwrAm* and ground rents ae they fed due, Borrower shag pay to Lender any rrount necessary to make up the daadancy In one or mare payments as Lander may require. Upon payment In lug or as Burrs secured by this Dead of Trust, Lander shag pronptiy refund to Borrower any Funds held by Lander. 11 under paragraph 17 hereof the Property Is sold or the Property Is otherwise sequlmd by Lender. Lander shag apply. no let& than irrvmed" prior to the sate of the Property or its acquisition by lender, any Funds held by Lender of the lime of application as a credit against the Burro seamed by this Deed of Trust. ]. Application of Payments. Unless applicable, law provides of erw s% a9 paymentsreoeNed by Londe undr the Notoand paraWaphts I and 2 hereof Mat be applied by Larder tknl In payment of amoums payable to Lander by Borrower under paragraph 2 hereot, ten 10 Intarea payable on the Note, and than to the pMdpat of the Note. a. Prior Mortgages and Deeds of That; Charges; LNne.Sonower shag perform an of Banawors obligations under any mango^ deed of oust or other security agreement with a lien which has pArttj over this Deed of TrusL Including Borrowers covenants to make paymrffs wilen due. Borrower shag pay or cause to be paid as twwa, assessments and other charges, floe and Irrposltions Muibutabie to the Property Witch n'aY attain a priority over this Dead of Trust• and leasehold payments or ground rents, tarry. & maxard Inaurance. Borrower shag keep the improvements now misting or hateMer reclod on to Prop" Insured against lose by Pro, hazards Inctuded within the term 'extended coverage', and such other hazards as lender may require and In sucl. amounts and for such periods as Lender may require. The Insurance carrier providing the Insurance shag be chosen by Borrower subject to approval by Lender, provided. that such approval shati rat be unreasonably withheld. AN traurance policies and ronawefs thereof shall be In a form acceptable to Lender and shall Include a aiandrd mortgage clause In favor of and In a form acceptable to Lender. Lander snap have the right to hold the policies and renewals thereof• subject to the temp of arty mongage. deed of trust or other security agreement with a Ilen which has priority our tNs Deed of Trust In the event of loss, Borrower Mil give prompt notco to the Insurance carrier and Lander. Lander may mako proof of boa If not made promptly by Borrower. ff Imo Property le abandoned by Sortower, or t Borrower Idle to respond to Lender within 30 days from Vat dab notice Is matted by Lender to Borrower that the Insurance c wft offers to settle a claim for Insurance benefits. Lender Is authorized to collocl and apply the Insurance proceeds at Lenders option ahhher to restoration or repair of the Property at to fie suns soured by this Deed of Tnrat a. Pra"maton and Malntanance of Property;'_aasehelds; Condomtnkana; Planned Uritt Dwaapmenta. Borrower shag keep to Property In good repair and shelf not commit waste or permt Impairment or deterioration of the Property and shag compty with Ina provisions of any bass B this Deed of Trust Is on a leaoehold. If IhIs Deed of Taut Is on a unit Ina condominlumr a planned unit development. Borrower shud per- form all of Borrowers obligations under the declaration or covenants creating of governing the condominium or planned unit development, the by- laws and regulations of the condominium or planned unit developmont and constituent documents. 7. Protacton of Landers Securfly. If Borrower falls to perform tie mvererts and agnsomonts contalnedIn this Deed of Tmet or t any action or proceeding Is commenced which materially affecb Landers Interost in the Property, then Lander, at Lender's option, upon notice to Borrower. may make such appearances, cklourse such Burro, Including reasonable ahorneys' loss, and take such action as o noceaary to protect Lenders Interest. ff Lender requirod mortgage Insurance as a condition of maldrg the loan secwad by this Deed of Trust. Borrower shag pay the premlurro required to rmWmdn such Insurance In effect until ouch time a7 the requirement for arch insurance terminates In accordance with Borrowers and Lendoea written agreement or applicable taw. Any amounts disbursed by Lender pursuant to this paragraph 7, with Interest tere0n, at the Note rate, shill become additional Indebtedness of Bonower secured by INs Deed of Trust. Unless Borrower and Lander agree to offer terra of payment, such amounts shall be payable upon notice from Lender to Borrower tequestng payment thereof. Nolhing contained to this paragraph 7 shall require tendor to Incur any expense or take any action hereunder. e. Inapocflon. Lander my make or cauee to be made (easoabk, entries upon and inspections of the Property), provided that Lander shag give Borrower notice prior to any such Inspection spocWrg reasonable cause therefor related to Landers Interest In to Property. 9. Condon nation. The proceeds of any award or claim for damages, direct or corsequenial. In connection with any condir matian or over taking of tlhe Property, or pis thereof, or for conveyance, in you of condemnation, we hereby assigned and ahall be paid to Lander, sub)ect to the tsrrre of any mortgage, deed of trust or other eecrtty, agrownrm with a Lan which has priority over tints Deed of Trust L0. Borrows► Not Roteaeed; ForbeamnceBy Linder list a Walvr. Exlonabn of the Ike fr payment or modification of rrordzstion of the aumm secured by this Deed of Trust Wanted by Lander to arty sucoeser In Interest of Borrower of amortisation or the more secured by this Deed of Trust granted by Lander to any vicoomm In Interest of Borrower leas not operate to refuse, In arty manner. the liability of the original Borrower and Borrowers such eeeofa In Interest Lander sitar not to be required to commence, proceedings against such successor or refuse to sanded time let payment Or otherwise modify amortization of the Burrs secured by the Deed at Thrift by reason of any demand made by the original Borrower and Borrowers successors In Introit. Any forbearance by Lander In exerdsing any right or remedy hereunder. or otherwise Horded by applicable law. shag not be a waiver QVT L the exercise ofPa y ago2 right or remedy. of 4 ined Su carob iiand Assigns Bound. JQkA and 7everal U"'Y" Co-slgnhre- The e0'wefrrde end qp id , this nerMn coot PNO shrd . .Old t o rights, h°rwnd4fahaa Iron to, the'"PeciM eH�Maera and sent* of l ethder and BonovrIG �u ae D tv 0 prowroloro d " not O^ Itnial t) covenants and gsarrynhl 01 Batrower add to WA and sevatel. Any Borrowr who ce-atgrs trw D&e0 of Trent. but dose rot eof e h Mr Nato. le) a t And Shag Iti$ �� °I TNet only b pars and corwey Ihr Bonowera "Wed M the PIMPaN b TO,rM Borrower nntae undr Ifhe larrrfe of ON tM Lands, and go OW of Truer (b) Is rot Pereor.Wg fable on the Net$ « under t1Ya Deed of Trull. ro � W� of tHa Dead of �st of the Now. wflT«+t� � I" to extend, rno t. lofbow. 01 make Wry other e000n* � � °f TNtI N b ttW 6°'ro'"dI Inured In the Propow. flortva'er$ consent and vvkfaM foleadna Mal Borrower or madtfylhq 17. Notice. Exespl lot any notice nequved under oppacabho law to be given to another manner. (a) ale 1`0000e b Borrower ProvldSO l« M tab Dodd at Trust mall !» given dative" a « by magr>4 such nonce by car"" mail addressed 10 B«rowor al erty tiho propAddress a al such Olt-" eddroea m Borrower rrhry designate by r`QWJ l0 Lander ss provided herNn. and (b) ale nttice b Lander shed be aln. by now*d nfeil b Lenders row a t stated lxrdn « b eutfi otiW bdreu n Lander may deeignate W no" b Borrower M provided }yrsln. Any nttice provided be dserrod b have bean V~ b Bonawar at Lander when Owen M the titanium drlpnatad heroin. for In this Deed 01 Trust shall jurisdiction, In w1* is OovrnMO Law Sw&ref0 My The eats and low taws caDlity of a lei Dad of Trust d Ol ru the lath. 01 Ire the property b gcate0. The ponegwtg sentence $n.a not unit hero �Dsca� a Factor hew b life Dodd of Triter In the wale ma any provision « clause of it" Dead On Trust er the Nato contOcs with aPPdcebb law. coca contact theclod non allocl Other Pr a, Tr M of do, Dead of Trust er the Nate ,�h can be OW eihret without the conflicting provision, and b tab and & proto UM «Iris Dated of Trust end the bblletfewa �� �Y - severable. A6 uas0 herMn.'tOete','tapsneed and'atiornaYs' leaf' IrKJuOt a0 sums b the axbnt not prohibited by aPDdra 14.Oonowers copy. Borrower enuti be furntehod a conWmed coDY of the Note and of this Deed of Trent at the arrno of execution or &flat recordation tnefOOl. alloru under any home rehsbeiu0on. Yrprovrn°nn. San Lander. shall hrt00 ail Of der in La obdg b exam" and deliver b 16. RNnablltnti°n roan Agreement encore Into with tender. Lender. a Lenders option. rtuy requre ParrOwr repair, or other ban agreement which Borrower against pu sd who $001 labor. l.endat, M a krtn scceptabte b Lender, an asdOnm0m of arty rights, claims « daloiieet which Borrows may rev° tg metedds or eorvkes In connection whh Improvements made to the PfOPaty. _ 10. Tntnehr at MM property or a Bonsticlal Imamat M Borrower. It aA or any Dart of fhe Property or any imagist M R Is sob « trero- lorrod for ti a benohWal Interest In Borrower Is cord er trarotorred and Borrower b not a rotund Peheo^) elver, t L optionndoes prior written censored Lander may. et Ito option. require Imrrafdue P$YR1Bni In NA of as corns $cured by tab Dead of Trust Hovvw«. this option shall rah be otacleed by Lander It exorcise is proNbtiod by todad law m of lie date of Iti! Deed of Trust it Lander oxerebae tNs option. Lander $has give Borrower notice of aceawadon. The notice shall Drov16a °goad I not Ima than ay hese tram Ina Ire dale the notice b daAvored of maibd witNn which B«racoon musl pay so sum° seauted by this Deed of That O Borrows e o t0 rru these Lender may Invoke $wry raredles pormltied by this Deed of True' whhoul tunes notice « dOrtnand on sums prior b lho en *etfon at this period. B«ra•wer. NON -UNIFORM COVENANTS. Borr'owr end Lender IuttW covenant and agree m tOctiws: 10 horse, upon Borrowers breach of arty cove rani or preemant Of 17. Acc&laranan; Remedios. Except to Provided In paragraph _ this DMd of Tout. Lander PFW to Be - Borrower In flea Deed of Trust, Including the covenants to Pry hen hornet uap 'turn : (1N 1 the bleach; (2) the action required to cure such coloration shall give nodes to Bonrowe► as provided In puagelphwhich such breach must be cured: and (4) that s breach: (3) a data, net lea$ ricer 10 days tram the date the nonce Is ma0&d to Borrower. by Of tM come secured by a" (teed of or anion tl» data specified In the notice may relief In aeuWaMon s failure to cure such breach o0 of Ina right to reinstate sot accetoretion and am fight to brMg Trust and We of tlhe property. The notice $hilt lutasr Inform Borrower court action to asset the nonexistence of a default a MY other dot &nw o1 Borrower to aocelaretlon end ed b If the broach T not to on &d In the nonce. Lander. at Landers option. may declare Sit Of Me come secured DY tale Deed Of Trust b le law ed by applicable law. Ira - or before the data ape ab demand and may Invoke the Power of We and any 012W ramem$$ permttt Landermoolas duo" paY°bto calla t Nthv alma expenses Incurred In pursuing the rem&diee pravlded In tltls paragraph 17, Lender shall be entitled to coped all reasonable costs and intruding, but not itinded to, reasonable atUKnQY3' foss. It Larder Invokes the power of safe. Lander $.all execute or cause Tnutes to execute a hMttten notice of the occurrence of N avert of default11L and r I yokes dustier to souse the Properly to be sold and shall cause such notice to be recorded M each County In which taw. Property or some Part thereof 1s touted tender or Trustee ehati mall coplu of such notices he manner law. After the up«� f wbV � e as ^halt Trustee shall give public notice of We to the persons and M the manner pxescr<ded by appl O auction b the h%host blddet at lha be required by appllcaMis few. Tnletee, without demand On Borrower. shall $ell the property at P°btt is In such order as Trusts* m2Y delrrrdne. time and place and under the tarns designated In e notice a1 seenarm moment & faa�time and Place °t any pmvlouW scheduled Trustee may Postpone We of all or any parcel of the PropatY try public Gain. Lander of (,ender& designee may, purchase the Property at any cab. _ Trustee Shall donvw to the purchaser Trusw'& deed conveying the Property so sold wtthout ury c°ve^ant or vmm�ty. expensed or Implbd. The redlals in tiIa TNaLa'$ deed &"If be pt" taco evidence of the truth at the statements made therein. Trustee Ohafl err Im .proceedsTre of the lab In hole followingdeed order: (a) to &U reasOrubla cosb and expenses of nhs safe. Including, but not IbnRad to the apply the etp a s'O cad "Is In th foot and costsro:title wld&nce: (b) to an MIMS secured by this Dead at Tnmf: and (c) the exc&as. ti Mfor any. to the person or persons legally andUod th&reto 10. BorrowverS R11yd to Reinstate. Lenders ecceletailon of tie tinnier secured by this Deed of Trull due b BOrtawere Creech. Borrower eland Iheve the right b have to anry Pho oodl^9$ begun by Lender to entente time Deed of That dkscontinued at &try krd ng days baton sae of the Prop" Pursuant to the power Of sale c°ntairad In Idle Deed of Trust « at any Crrw PffOa to entry at n )u dg this Oiled of Trust ti: ($) Borrows Pays Lender all sums which would be then due under lab Deed of Trust end the Nato had rat acceleration ocawrred: (b) Borrower cures so breathes 01 erry other covenants Or agree trio Of Borrows aI BorrodnDd In wer his DODO �a^°drl^ thF9 Deed a $ttd Incurred by Lends end Tru erne In enforcing lee covenants end a3°° but not fu tod to. reasonable $tt«neys' fees end (d) ree:forcin ehpernm 17 hereOI. Includlrlg, In unlorcing tenders and Trustee's rertbOles ry Provided In paragraphof Trust. Lenders Imaaat In the Ihroperry and Bonower takes such action as Lends may is"Onably require to assure tlhtt lac urn of this Deed nt and Car$ b�/ Barrows. tNs the come aeaned oy Inks Deed of Trust shall continue untnpalred. Upon such pnyme Borrowers obllgafion to Pay shell rernaln In NO force and OIbU as itno atcoleradan had occuned. Dead of Trust and Ids Obtig lk'" secured IherabY • d ReoMvee: LandM M toaaaa+baf• N addeonY aeu+fiY TMrwnds, Borrower ftseby ea' It.l eMq, ronla 1 the p>1P0� � � Borrower cent. Pnwb �Olan under PW$Wmph 17 laraol a sbandOmrrd of the b Lsrtdea Rte nrta d the ROpsty• W due and peyeb0. /roporty. hews tea right b Coeacf and tsirn such rents as thM b"W"a Mad h 17 horsof or abandorward of the Property. Lander. to Person, OY e9sM s aging R ors pea Upon socalars0on under pseOeP era Prowly and to aoeect the rents of the Prop" not sear De speed b enfer upon take Possession of and rtYnage rM of the .Oats 01 managste"t of RN Prop" and cofoCtb we. At rants ooMcbO by UWXW Of Rrs r.,Mm anti be applied fkat to PMn we. N retn rag but not" to re0srwara tans Prst'sunw on rgcaNds bonds and taaaonabo sibrreyY lees. and van a the surrte near by No Deed of Trust not " and the renhwea .ear be tube a occourt oh t br Rase rents sclusey rooelwod. Trust" a MconVrly the Property end 2R.1`1800 aY�a' Upon g"niord at d wrrr nraarr.d by the Deed of Trust. Lander, of Trust w Trustee, Trusty char re00"' M � of Trust and all melee ewldondng tndebOdnaa aearrod by 9rYh person a panarro sham Pao elf caws of attar eunender thb teed p R+e person or pet sods legally, erteeed tw.b' ROpsty wom, wo."M and WAlitOtrl 00M9 teeordalton, t arty. horn lima to time oppow a su0cmrra trustee b arty Trustee epp0irdad h 2/. Substlmp Trustee. Lends, at Landers opCo � r�� � the atlko of Rn ReCordea ot��� I�� � rowded hereunder by en Instrument executed and a *nowbdged W aloeae0 b o the see. baeu d. The hta0urrrard shall Conan fha name at th0 original Lands. Trustee and Borrows. Itte book and page end Leta name and address of the auCoeeeor trustee. The successor trustao shY, -local colwoll O of the fsroparN. and th and o an contested upon the Trustee tareln and 0Y apprcabb low. Thfe precedute for eubgMison of trustee shelf govern b 00 exclusion Power of se, other Provisions tar eubeROnlon• 44* Cof the roeca of default and rotke of oafs be cant p gentowafe arttich a 24. Request tot l4otloee• Borrower requests that oopae kom tee holder d any bon which floe pova this Deed of True! be, the Roperty Address. Lands requests that cooloo of noWM of brOC§Osure O sent to Landeres s address. as set forth on pKe one at this Deed of Tnn% Is PravWed by Section 2p2e(D) of tfe Clwll Cade of Calflarse, 23. Statareenl of ObUgatmn• Lander MaY collect a toe rat to exceed the nuadmurn amount perrrsaed 0Y law toss tumfstdn9 the auatem.M of obagsdon as provWOd by SooWn 294 of tea CMl Code of CalftarrrlL (teR.00i. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST sad of eorrower and Lands request the holds of terry r"OrNage, dead of trust or Dees anaust. of an defaultunderthen 1hkh n suas perior riOrlty 0enarm BnCa "A Trust to gale Noeeo b Lander, at L,onders address eel forth on page one of this Dowd of Trust. of terry of any eels or otter b:edorurs "coon. OF. Be h of Trust ` / J -9o�o�rr ICATHEAINERODRIOUEZ - aro.v CARDO RODR �R• •6orrovnr -ewrora Riverside County as: STATE OF CAUFORNIA, d, a Not Pubuc in and Only 6th say at March 1992 beforo MO.Ife undersigns cry for sold State. P—ru'lly OPPO" nee b be the pereonlel wises neme(s) kno wn to n*' or the to e on the bate of saesfecloty avlde ceded tee.rang. sub, Abed to the toregoing In" n nont and ertcrowWOod that hand and otlldol sect Sign e1Lta: error tUAA Shirley Thompson SHIRLEY THOMPSON kOlARr MUC C+irtW"A NrTrlrwPaO orpr.nlra) arrcr'^ n kea: 11/13/92 i ros.nwusow.n MyCorrtmiseb 0xP tp rmm.un. mess ran tt. toll REQUEST FOR RECONVEYANCE TO TRUSTEE: 1Na Deed of TIU/L Sad note or roue. to9sther wah elf other'"dobtodne"s The undersigned Is tho holder of the rote or rotas secured by "acted b cahcae sold note or notes and oft Deed of Trust. weld" Ore eeeurnd by 1Ne Dead of Trust have been paid In ta- You are hseroby n or persons legolb erased ithout warranty. all the set ate now held by you delhgd hereby. and to reoomreY, wunder Itde Deed of Ttuet to eta Durso lferet0. Osted: Q�,I {hamAL Page 4 of 4 Lot IS of Block 112, Santa Carmelite at Vale La Quints, Unit 17 as per map recorded in Book 19 page-3 19 t 20 of maps in the office of the County Recorder of said County. RECORDING REQUESTED BY AND WHEN ) RECORDED RETJRN TO: ) La Quints Redevelopment Agency ) 78-105 Calle Estado ) La Quints, California 92253 ) Attn: Executive Director ) 1 • Q 1V CYCO� �7S i5 Au o Au°o �Q O SR LU is_ This document is exeiojs�11;1 Fo ''the payment of a recording fee pursuant to Government Code Section 6103. LA OUIINNTA REDEVELOPMENT AGENCY 1,1.Iz,,jn Executive Director Dated: '�G�Jtot•��-r 199i1, DFRD OF TRUST um ASSIGNMENT OF RENTS (Riverside County) TI�IS DEED OF TRUST AND ASSIGNMENT OF RENTS is made as of the _:�1141 day_ of �/ t;Vcf►)96�1� 19U, by and between �" w QOa,P�t�a;- qUA r�TNt'7C/AF �1�2 (the "Trustor"), whose address is +tip-93o Fc;�]n filrUAtA,�u La Quinta, California f ddiA�L�C e . (tile "Trustee"). whose address is /003 ��- .Si��n= iu� ✓ , (2 d7v,, California j,jr-1, and the LA QUINTA PEDEVELOPMENT AGENCY (the "Beneficiary"), whose address is 78-105 Calle Estado, Le Quinta, California 92253. FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein recited and the trust herein created, the receipt of which Is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, the property located in the City of La Quints. County of Riverside, State of California, that is described in Exhibit A, sttnched horcto and by this reference incorporated herein (the "Property"). TOGETHER WITH all rents, issues, profits, royalties, income and other benefits derived from the Property (collectively, the "rents"), provided that so long as Trustor is not in default hereunder, it shall be permitted to collect rents; TOGETHER WITH all interests, estates or other claims, both in law and in equity which Trustor now has or may hereafter acquire in the Property and the rents; 3 TOGETHER WITH all easements, rights -of -way and rights used in connection therewith or as a means of access thereto, including, without limiting the generality 'of the foregoing, all tenements, hereditaments and appurtenances thereof and thereto; TOGETHER WITH any and all buildings and improvements now or hereafter erected thereon, and all property of the Trustor now or hereafter affixed to or.placed upon the Property, including, without limitation, all fixtures, attachments, appliances, furnishings, equipment and machinery (whether fixed or movable) and other articles (including, in each instance, improvements, restorations, replacements, repairs, additions, accessions or substitutions thereto or therefor); TOGETHER WITH all leasehold estate, right, title and interest of Trustor in and to all leases or subleases covering the Property or any portion thereof now or hereafter existing or entered into, and all right, title and interest of Trustor thereunder, including, without limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature; TOGETHER WITH all right. title and interest of Trustor in and to all options to purchase or lease the Property or any portion.theroof or interest therein, and any greater estate in the Property owned or hereafter acquired; TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter acquired, In and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property, and any and all sidewalks,' alleys and strips and gores of land adjacent to or used in connection with the Property; TOGETHER WITH all the estate, interest, right, tit -is, other claim or demand, of every nature, in and to such property, including the Property, both in.law and in equity, including, but not limited te, all deposits made with or other security given by Trustor to utility companies, the proceeds from any or all of such property, including the Property, claims or demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter acquire, any and all awards made for the taking by eminent domain or by any proceuding or purchase in lieu thereof of the whole or any part of such property, including without limitation, any awards resulting from a change of grade of streets and awards for severance damages; All of the foregoing, together with the Property, is herein referred to as the "Security". FOR THE PURPOSE OF SECURING: 1. Payment of the sum of $ //OR, 11A plus an additional amount attributable to the Sewer Hook -Up Fee, as defined in that certain "Promissory Note Secured by Deed of Trust" (the "Note") of even date herewith made by Trustor, payable to order of Beneficiary, and any extensions or renewals thereof; 2. The performance of each agreement of Trustor incorporated by reference or contained herein; and 06/11/91 9904r/2338/007 -2- 7 r l � e a 3. Payment of such additional sums and interest thereon which may hereafter be loaned to Trustor, or its successors or assigns, by Beneficiary, - when evidenced by a promissory note or notes or other documents reciting that - they are secured by this Deed of Trust. ARTICLE I r DEFINITIONS �c Section 1.01 "Covenant of Affordability" is defined in the Note. Section 1.02 "Principal Balance" and "Maturity Date" are defined in the Note. Section 1.03 "Program" means the Assessment/Hook-Up Fee Subsidy Program _ as set forth in the Statement of the La Quints Redevelopment Agency Assessment/ _ Nook -Up Fee Subsidy Program dated as of h 0- er /g 1991. 1 Section 1.04 "Property" is defined in the granting clauses hereof. Section 1.05 "Security" is defined in the granting clauses hereof. Section 1.06 "Standards" means those standards of maintenance typical of single-family, detached residences in well- maintained neighborhoods. �k. Section 1.07 "Truster" means �rf11401 4d64✓6'L i!tL A,0"MP4410r ' "-and its transferees and successors in interest. Where an obligation is created heroin binding upon Trustor, the obligation shall also apply to and bind any ' transferees or successors in interest. Where the terms of the Deed of Tzust �s - q?;. have the effect of creating an obligation of the Truster and a transferee, - such obligation shall be deemed to be a joint and several obligation of the Trustor and such transfereo. { 4 ARTICLE II MAINTENANCE AND _ MODIFICATION OF THE PROPERTY AND SECURITY - motion 2.01 Maintenance and Modification of the Project by Truntnr, The Trustor agrees that at all times prior to the Maturity Date, the Trustor - will, at the Trustor's own expense, maintain, preserve and keep the Property - or cause the Property to be maintained, preserved and kept in a condition substantially similar to other single-family residences in well -maintained _ neighborhoods. The Trustor will from time to time make or cause to be made - all repairs, replacements and renewals deemed proper and necessary by it. The Beneficiary shall have no responsibility in any of these matters or for the ti 5tl. . making of improvements or additions to the Property. -r 06/11/91 - S 9904r!2338/007 -3- " Trustor agrees to pay fully and discharge (or causa to be paid fully and discharged) all claims for labor done and for material and services furnished in connection with the Security, diligently to file or procure the filing of a valid notice of completion upon completion of construction of any part of the Security, diligently file or procure the filing of a notice of cessation upon the event of a cessation of labor on the work or construction on the Security for a continuous period of thirty (30) days or more, and to take all other reasonable steps to forestall the assertion of claims of lien against the Security or any part thereof. Cection 2 02 Granting of Eaements. Trustor may grant easements, y licenses, rights -of -way or other similar rights or privileges in the nature of easements with respect to any property or rights included in the Security without the prior written approval of the Beneficiary. In the event such rights are granted, the Trustor shall promptly so advise the Beneficiary in writing. ARTICLE III TAXES AND INSURANCE; ADVANCES Section 1.01 try Chargg�. Trustor shall pay, or cause to be paid, prior ti delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company which are or may become a liun affecting the Security or any part thereof; provided, however, that Trustor'sholl not be required to pay and discharge any such -ax, assessment, charge or levy so long as the legality thereof shall be promptly and actively contested in good faith and by appropriate proceedings. With respect to special ass9soionts or other similar governmental charges, Trustor shall pay such amount in whole or in installments over a period of years. In the event that Trustor shall fail to pay any of the foregoing items required by this Section to be paid by Trustor, Beneficiary may (but shall be under no obligation to) pal• the sams, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to fully pay any such item within seven (7) business days of the earlier of the receipt or mailing of such notice. Any amount so advanced therefor by Beneficiary, together with interest thereon from the date of such advance at the maximum rate permitted under Section 1(2) of Article Xv of the California Constitution, shall become an additional obligation of Trustor to the Beneficiary and shall be secured hereby, and Trustor hereby agrees to pay all such amounts. (a) Trustor agrees to provide insurance covering one hundred percent (100%) of the replacement cost of all insurable items within the Property during the course of construction and following completion in the event of fire, lightning, debris removal, windstorm, flood, vandalism, malicious mischief, theft, mysterious disappearance and hazards, casualties and contingencies se are normally and usually covered by all-risk policies in effect in the locality where the Project is situated. 06/11/91 9904r/2338/007 -4_ I 9 �ff.JJ. •SIC„ M • • IE -- (b) Trustor agrees to carry or cause to be carried: (i) h comprehensive general liability insurance with respect to the Property wit limits of not less than S70o,000.00 each occurrence combined single -limit bodily injury and property damage. Coverages thereunder shall include contractual liability, personal injury, owners' er ' andccontractompletedors' opeprotection, elevator liability, gar"ge liability, products ations coverage; and (ii) workers' compensation insurance as required by law. (c) All such insurance policies and coverages (i) shall be maintained at Trustor's sole cost and expense so long as any part of the amounts secured by its Deed of Trust have not been paid, (ii) shall be with insurers of recognized responsibility, and in form and substance satisfactory to the Beneficiary, (iii) shall name Beneficiary as additional insured, and - (iv) shall contain a provision to the effect that the insurer shall not cancel the policy or modify it materially and adversely to the interests written of Beneficiary without first giving at least thirty (30) days' prior notice thereof. Certificates of insurance for all of the above insurance policies, showing the same to be in full force and effect, shall be delivered to the Beneficiary upon demand therefor at any time prior to the Expiration Date. Sgrtinn 3.03 Advance&. In the event the Trustor shall fail to maintain the full insurance coverage required by this Deed of Trust or shall fail to - keep the Property in good repair and operating condition, the Beneficiary may (but shall be under no obligation to) take out the required policies of insurance and pay the premium on the same or may make such repairs or replacements as are necessary and provide for payment thereof) and, provided that the Beneficiary provides five (5) business days' notice to the Trustor all amounts so advanced therefor by the Beneficiary shall become an additional obligation of the Trustor to the Beneficiary (together with interest as set forth below) and shall be secured hereby, which amounts the Trustor agrees to pay on demand of the Beneficiary, and if not so paid, shall bear interest from the date of the advanca at the maximum rate permitted by Section 1(2) of Article XV of the California Constitution. ARTICLE IV DAMAGE, DESTRUCTICH OR CONDEMNATION gg�rion 4.01 pmnnce and Destruction. If,, prior to the Maturity Date, the Property or nay portion thereof is destroyed (in whole oz is part) or is damaged by fire or other casualty, the Trustor shall (a) cause any insurance proceeds arising from insurance referred to is Section 3.2hereof and d and amy other coverage acquired by the Trustor to be used to promptly replace the Property, and (b) repair and replace the Property as necessary to bring the Property into conformity with the Standards; provided that sucb covenants shall be subordinated to the provisions of all sericr obligations to wich tis Deed of Trust ll be and Trustorbshall be obligated st ucontinueRto Pay, ethe aamounts opayableent , underthis Deed of Trust. 06/11/91 -5- 9904r/2338/007 l-r r ( Z6 Section 4.02 Condemnation. Subject to the provisions of senior obligations to which this Deed of Trust is subordinate, if title to or any interest in or the temporary use of the Property or any part thereof shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, including any proceeding or purchase in lieu thereof, the proceeds as o result of such taking shall be paid as provided by the law of the State of California to all persons or entities as their interests appear of record. ARTICLE v REPRESENTATIONS, COVENANTS AND WARRANTIES OF TiiE TRUSTOR Section 5.01 Defense of the Title. The Trustor covenants that it is lawfully seised and possessed of title in fee simple to the Property, that it has good right to sell, convey or otherwise transfer or encumber the samo, and that the Trustor, for itself and its successors and assigns, warrants and will forever dafend the right and title to the foregoing described and conveyed -i property unto the Beneficiary, its successors and assigns, against the claims of all persons whomsoever, excepting only encumbrances approved by the Beneficiary. Section 5.02 Insaectinn of the Project. The Trustor covenants and agrees that at any and all reasonable times and upon reasonable notice, the Beneficiary and its duly authorised agents, attorneys, experts, engineers, accountants and representatives, shall have the right, without payment of = charges or feos, to inspect the Property. ARTICLE VI AGREEMENTS AFFECTING THE PROPERTY) FURTHER ASSURANCES GectigI 6.01 Other Agreements Affecting Proper The Trustor shall duly and punctually perform till. terms, covenants, conditions and agreements binding upon it under any agreement of any nature whatsoever now or hereafter y involving or affecting the Property or any part thereof. Section 6.02 Further Aseurancesj After Acquired Property. At any time, and from time to time, upon request by the Beneficiary, the Trustor shall make, execute and deliver, or cause to be made, executed and delivered, to the i Beneficiary and, where appropriate, cause to be recorded and/or filed, and from time to time thereafter to be recorded and/or filed, and from time to time thereafter to be re -recorded and/or refiled, at such time and in such offices and places as shall be deemed desirable by the Beneficiary, any and all such other and further deeds of trust, security agreements, financing statements respecting personal property, instruments of further assurance, certificates and other documents as may, in the opinion of the Beneficiary, be necessary or desirable in order to effectuate, complete or perfect, or to continue and preserve, (a) the obligations of the Trustor under this Dead of Trust, and (b) the lien of this Deed of Trust as a lien prior to all liens 06/il/91 9904r/2338/007 -6- except those obligations which shall be senior obligations pursuant to the provisions of this Deed of Trust. Upon any failure by the Trustor to do so, the Boneficiary may make, execute, record, file re-record and/or refile any :.) and all such deeds of trust, security agreements, instruments, certificates �. and documents foi-and in the name of the Trustor, and the Trustor hereby irrevocably appoints the Beneficiary the agent and attorney -in -fact of the _,. Trustor to do so. The lien hereof shall automatically attach, without further act, to all after -acquired property deemed to be part of the Security as defined herein. yiyr. Section 6.03 Agreement to @88S&• In the event of an Event of Default hereunder, and if the Beneficiary should employ attorneys or incur other expenses for the collection of amounts due or the enforcement of perfo_mance or observance of an obligation or agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such ether reasonable expenses so incurred by the Beneficiary; and any such amounts paid by the Beneficiary shall be added to the indebtedness secured by the lien of this Deed of Trust, and shall bear interest from the date such expenses are incurred at the maximum rate permitted by Section 1(2) of Article 15 of the California Constitution. &Action 6.04 Subrogationi Payment of Claims, provided that the Beneficiary gives notice of at least five (5) business days to the Trustor, the Beneficiary shall he subrogated to the claims and liens of all parties whose claims or liens are discharged or paid by the Beneficiary pursuant to the provisions hereof. If permitted in the Note, the Beneficiary shall have the right to pay and discharge the obligations secured by the Note. Sae ion 6.05 Transfer. No sale, transfer, lease, pledge, encumbrance, M creation of a security interest in or other hypothecation of the Security shall relieve or release the Trustor from primary liability under this Deed of Trust. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Section 7.01 Events of Default Defined. The occurrence of any failure of the Trustor to perform under this -Deed of Trust or the Note, and the continuation of said failure for a period of thirty (30) business days as to ' monetary obligations and ninety (90) business days as to non -monetary obligations, after written notice specifying such failure and requesting that it be remedied (such notice being referred to herein as a "notice of default") shall have been given to Trustor from the Beneficiary, shall be an Event of Default under this Deed of Trust. Section 7.02 Acceleration of Maturity, The Deed of Trust securing this Note includes the following provisions, all of which are also terms and conditions of this Note: 06:11/91 9904r/2338/007 -7- _a "If default be made in the payment when due of any part or installment of the Prl Apal Balance or Interest Expense of said Note specifically referred to above or in the payment of any other indebtedness secured hereby or in the event Trustor or any other successor is interest to Trustor in the property sells, conveys, alienates, encumbers, assigns or transfers said property, or any part thereof, or any interest therein, or becomes divested of his title or any interest therein in any manner or way, whether voluntary or involuntary, by operation of law or otherwise, or upon default by Trustor in the performance of any agreement hereunder, Beneficiary shall have the right, at its option, to declare said Note and any other indebtedness or obligation secured hereby, irrespective of the maturity dote specified in said Note or any written agreement evidencing said indebtedness or obligation. immediately due and payable without notice or demand, and no waiver of this right shall be effective unless in writing and signed by Beneficiary. - Section 7,U The Beneficiary,s Right to Par r and Te1e Possea�i if an Event of Default shall have occurred and be continuing, the Beneficiary may: (a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, marketability or rentability of the Property, or part thereof or interest therein, increase the income therefrom or protect the Security hereof and, with or without taking possession of the Property, sue for or otherwise collect the rents, issues and profits thereof, including :hose past due and uupaid, and apply the same, less costs and expenses of operation and collection, including attorneys' fees, upon any indebtedness secured hereby, all in such order as Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the application thereof, as aforesaid, shall not cure or waive any Event of Default or notice of Event of Default hereunder or invalidate any act done in response to such Event of Default or pursuant to such notice of Event of Default and, notwithstanding the continuance it possess -ion of the Property or the collection, receipt and application of rents, issues or profits, Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust, the Note or by law upon occurrence of any Event of Default, including the right to exercise the power of sale. Trustor requests that a copy of any notice of default and a copy of any Notice of Sale hereunder be mailed to him at his address herein given; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof; (c) Deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause Truster's interest in the Property to be sold, which notice Trcatee or Beneficiary shall cause to be duly filed for record in the official Records of the County in which the Property is located; or 06/11/91 9904r/2338i007 -8- B -1 .A (d) Exercise all other instruments by which the Truster rights and remedies Security, or in Quires Provided herein, in Security, any °they document °r title to the Pro the Provided by securing all or any portion now or hereaefter including any y law. P OVA of the obligations secured h dancing, hereby, or motion 7 09 Fore�i to foreclose b °`��8."c_. Beneficiary Y exercise of the -"�� Should the Beneficinr y shall motif Power of sale herein contained, Y elect Trust which is y Trustee and shall deposit the constitute evidence rod hereby (and the P sit with that the Principal deposit °F Trustee this Deed of immediatelycipal Balance Which shall be deemed to expendituresad,payable), and such recei tsaad Contin that are additionallyneat Interest are P and evidence of aaY secured h (a) Upon receipt of ereby as Trustee may require. such cause to be recorded, publishe$ notice from the e default and election to and delivered Beneficiary, Trustee Trust, sell as then r to Trustor such no Shall Trustee shall, without required b tice of may then be re demand r law and by this Deed t and aft required by law and after on Truster, after lapse ofof after notice of slla having recordation of such time as Property, at the t.L"f S and g been given as re such notice of default either as a whole orSeparate place of sale fixed by 4uired by law, sell the deem expedient and as Bepar order lots or parcels or it in said notice e, in such order items °f sal highest bidder, for cash l it may detgrmi.ze, as Trustee shall time of sale. is lawful money of the Unite at public auction Trustee shall deliver d States to the its good and sufficient deed or er to such purchaser er hasers at the without any covenant or w deeds conveying the purchasers thereof deed of any matters or arrantp, express property so sold, thereof. facts shall be l implied. The recitals inbut Beneficiary, Person, facts Ct, usive proof of eucc Y. may Purchase g' without limitation, the truthfulness warrant and defend the et such sale, Trustor, Trustee or title of such and Trustor hereby covenants to Purchaser or purchasers. Trustee, (b) After deducting all reasonable Including costs of evidence °f costs, Trustee shall title fees and expenses of Balance and contiagentthe lProceeds of sale in coanection with such sale, the remainder, terestl to all to Payment of: (i) the Principal if any, to the tree rums then secured person or persons 1 hereby: and (c) Trustee may legally entitled thereto. by public y postpone sale of all or thereafter, at such time and any Portion after, and without further Place of of the Property last sale, and from time t Postponement, or may, in itsodiscreake such sale o time give a new notice a to by the ion—�0� of sale. be continuing, Heaefir' a�=, if an Event o Truster or y, as a f Default shall have occurred and value of anyone claimingmatter of right and without further notice to the property or under Security, and without to apply to as the interest of Trustor regard to the then of the y court having jurisdiction to a therein, shall have Security (or a part thereof), and Truster a receiver o the right to such r receivers Any such nsents receiver or and waives further notice of hereby irrevocabl receivers receivers shall�Y application y therefor. is like or similar casehave all the therefor. and all the powers and duties of Powers and duties of 06/12/91 9904r/2339/o07 -9- Boneficinry in ones of entry as provided herein, and shall continue as such \ and exercise all such powers until the dale of confirmation of sale of the ` Property, unless such receivership it sooner terminated. �ecr.o_�l p6 gemedies C� uia No right, upon ower or reserved to the Beneficiary by this Deed ofpTrustoisrintended ntorbed exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity. aezURA—I-4I No Waives, (a) No delay or omission of the Beneficiary to exercise any right, Power or remedy accruing upon any Default shall exhaust or impair any such right, power or remedy, or shall be construed to be a waiver of any such Default or acquiescence therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may be exercised as often as may be deemed expeditious by from time to time and the Beneficiary. No consent or Truster is the waiver, expressed or implied, by the Beneficiary to or of any breach by the performance of the obligations hereunder shall be deemed or construed to be a consent to or waiver of obligations of the Truster hereunder. Failure on the part of the Beneficiary to complain of any Oct or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Boneficinry of its right hereunder or impair any rights, powers or remedies Bensficiar on any breach or Event of Default by the Truster. (b) If the Beneficiary (1) grants forbearance or an extension of time for the payment of any sums secured hereby, (ii) takes other or additional security or the payment of any sums secured hereby, (iii) waives or does not exercise any right granted herein, or in the Note, (iv) releases any part of the Security from the .lien of this Deed of Trust, or otherwise any of the terms, covenants, conditions or agreements of this DeeB of Trust changes es the Note, (v) consents to the filing of any map, plat or replat affecting theor Security, (vi) consents to the granting of any easement or other right affecting the Security, or (vii) makoij or consents to any agreement subordinating the lien hereof, any such act or discharge, omission shall not release, modify, change or affect the original liability under this Deed of Trust, or any other obligation of the Truster or any subsequent purchaser of or an the Security y part thereof, or any maker, co-signer, endorser, guarantor (unless expressly released)] surety or preclude nor shall any such act or omission the Beneficiary from exercising any right, herein granted or intended to be granted upon the occurrenceoofror then made or of any subsequent Event the Event ofprivilege Default Default, nor, a:cape as otherwise expressly pruvided in as instrument or instruments executed by the Beneficiary shall the lien of this Deed of Trust be altered thereby. In the event of the A sale or transfer by operation of law cr otherwise of all or ea Property, the Beneficiary, without notice, is hereby authorized and empowered e to deal with any such vendee or transferee with reference to the ndSecurityemered a part thereof) or the indebtedness secured hereby, (or Of the terms, covenants, conditions or agreementshereof, itasrfullynaa8ce tto the same extent as it might deal with the Truster and without in any way releasing or discharging any liabilities, obligations or undertakings of the Truster. 06/11/91 9904r/2338/007 -10- 9904r/233aivv, 0 A0 9 • - Power h (upon upon-.Z..QQr. 5"LLS _to PnInerot- mo;nteln y (90) days notice tom`` The Beneficiary such suits and proceedings as it theTruetor) to Y shall have _o irnpnirment of the (a) institute and this Dead of Trust)eburany (and the ri of deem to y rights of the Beneficiaryto prevent any Deed of Trust. (b) byproy acts which may be unlawful or as secured by of Trust! in the Securitrt� or protect its interest any violation this nrisin y and .in the rents, issues, (as described in this Deed g therefrom, ribed loglalation and (°) restrain the enforcement Profits and revenues unconstitutionaltorr governmental enactment, rule of or c otherwise lnvelid,�ent, rule or °mP"once with any such ena if the °rddr that may be ctmrnt, rule or order would d, enforcement for projudicinl to the pair the securit CO^�Pliance with - interests of the Beneficiary, Y thereunder or be +SBLtI°n 7 Oo Tructe4 rev F't reroiversh;p, Insolvency,proofs of t � composition or ether bankruptcy, reorganisation, In the case of any Composition Proceedings affecting the arrangement, is credit adjustment, property, the Beneficiary, to the extent its creditors - to file such proofs of claim and Pern+itted b or its advisable in other documents 1' law, shell be entitled order to have the claims of fi ime Y be necessery or proceedings for the entire the Beneficiar Deed of Trust at the date amount due and payable b Y allowed in such additional of the institution of such the Truster under this amount which me}• become due and proceedings after such date. Payable b 4s and for an Y the Truster hereunder ARTICLE VIII i MISCELLANEOUS I &.ecriQn-fl. o discharged or M=baa"• This instrument cannot by the terminated orally, but onl be waived, c -. Party against whom enfo: } any a instrument in writingsigned- termination is sought. Cement of an Y elver, change. discharge or -:, &action_ g p3 BQ` Beneficiary statingUpon written Surrender of t that all sums secured hereby request of his Deed of Trust to Trustee far Y have been upon payment by Truster of Trustee's reason Paid,' end upon to Tr, cancellation and retention, castor, or to the person or able fees• Trustee and warranty, any Portion of Persons legall Shall reconvey such reconveyar__e of the property then y entitlled thereto, without truthfulnessany matters or held hereunder. The recitals in "the personorhereof. The grantee inns shell be conclusive proof of the The legallyY retonveynnce may be described as entitled thereto.-, Sec -ion a oa desire to give or ServeBeneficiary, any notice, demand, y' Truster or Trustee respect to this Deed of request or shall Other to Trust• each suchother Communication shall be in writing notice' demand, same is delivered by Personal and shall reguest, or mail, service or be effective only if the Postage prepaid, return receipt requeeted,b}• registered or forth in the first addressee Certified change its paragraph of this Dood or Trust, to the address set address for such notices by delivering Aay party ma Parties hereto, as aforesaid, Y at any time notice g °t mailing to the other Of such change. 06/11/92 9904r/2338/007 -11- ¢«+ction 8.Oq 8RC8Prance by Trustee. Trustee accepts this Trust when d and acknowledged, is made a public record as this Deed of Trust, duly execute provided by law. Rion 9.05 ��^ ions. The captions or headings at the beginning of each Section her enf are for the convenience of the parties and are not a part Of this Deed of Trust. �e Ct3on �6 Tnvatidity Rf Cerf a�n Pr03t, inn&• Every provision of this nt any term or provision Deed of Trust is intended to. be severable. In the eve hereof is declared to be illegal or invalid for eny reason whatsoever by a court of competent jurisdiction, such illogality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. IE the lien of this Deed of Trust is invalid or unenforceable ac to any part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or partially secured portion of the debt, and all payments made on the debt, whep ther voluntary or under foreclosure or other enforcPment actionor to the procedure, shall he considered to have been first aid on and Opp full payment of that portion of the debt which is not secured or partially secured by the lien of this Deed of Trust. earrion 8_.07 HQ Meraer. If title to the Property shall become vested in the Beneficiary, this Deed of Trust and the .lien created hereby shall not be plicati.on of the doctrine of merger and, in such destroyed or terminated by ap event, Beneficiary shall continue to ha�-e and enjoy all of the rights and privileges of Beneficiary under this Dead ofTrusto t. in provisions hereofupon of. any foreclosure under this Deed of Trust pursuant leases or subleases then'existing and affecting all or any portion of the Security shall not be destroyed or terminated by application of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure shall Fo elect. NO act by or on behalf of Beneficiary or any such purchaser shall constitute e termination of any lease or sublease unless Beneficiary or suck, purchaser shall give written notice of termination to such tenant or subtenant. Section B.OB novernino Law. This Deed of Trust shull be governed by and construed in accordance with the laws of the State of california. Section 8.09 In this Deed of Trust the singular shall include the plural and the masculine shall include the feminine and neuter and vice versa, if the context so requires. se n B.1Q ion H2A Discriminat. The Trustor herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status,.national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy. tenure, or enjoyment of the Property herein conveyed, nor shall the Trustor or anperson n claiming under or through him or her, establish or permit any such p n practices of discrimination or segregation with reference to the selection, 06/11/91 9904r/2330/007 -12- : t- :r:. i location, number, use or occupancy of tenants, lessees, subtenants, .Ti s, or vendeas in the Property herein conveyed. The sublesseeforegoing covenants shall run with the ]and. the day IN WITNESS WHEREOF. Truster has executed this Deed of Trust as of and year first above written. ---> h 06/11/91 9904r/2338/007 cardo Rodriguez( dC� xatherine RodrigueZ a STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On 11� �)G�'1 before me, the undersigned, a Notary Public in and for said State, personally appanred ea Mb 2o�tlAut=� ADD 'r'i Ablw6z personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. WITNESS my hand and official seal. imSEALf REHARD• CALI MAOUIM "A. IS-1991 06/11/91 9904r/2338/007 -14- � a r..r This is to cart fy that the interest in real. roperty conveyed by. the Deed 1995 from of Trust dated a ✓t�+IB a ti agency the �LL�GL to the LA WINTA REDEVELOPMENT AGENCY, a p ublic ag y ^Agoncy ), is hereby accepted by the undersigned officer or agent on behalf of the Agency pursuant to authority conferred bb7UResolution No., 19` --fie the Agency adopted by its governing body on consents to recordation thereof by its duly authorized Agency as Grantee officer. 19 ex Dated STATE OF CALIFORNIA Ss. COUNTY OF RIVERSIDE LA QUINTA REDEVELOPMENT AGENCY S:ecutive Director %il�UQ(nb�i 199A, beyre me,,,a �tary Public in On this day of appeared cec r and for said County and State, personally personally known to me '(or proved to me on the basis O� setis,actory, evidence to be the person who executed this instrument as the the LA guINTA REDEVLLOPMENT AGENCY and acknowledged to me that the La Quinta Redevelopment Agency executed it. OFFIP. CIAL SEAL 6EBORAH S.OE RENARO NOT RMME W V My Cwn . EUW4$4an-15.1994 06/11/91 9900r/2338/007 I Descrin'tipn of roe t Santa Carmelita at Vale La Lot 18 of Block 172 of Unit No. 17, San$1 in e shown on the map the City of La Quinta, as said Lot is recorded in Book 19 pages 19 and 20 thereof, records Of Riverside County, State of California. Exhibit A I sac ss see0_g 20�a 1 �----� `teittsrzeee ea:eeA Fa.a�.ea Pape t of a Recorded in official Records Recording Requested, By ecoCounty or Riveraitia J. oary L. Or" L Assessor, Cttuuollunty Clerk ♦ Recorder WHFN RECORDED MAIL TO III Ioil111 rRecords Processing Services All S a .Ace %a o. .m. "0",■o. t s.r .ne 377 Lamont Road Elmhurst, IL 60126 I nj LJ A R • l a0e y NFJVO ,{nD to Y 031 213100 DEED OF TRUST ar�cr �,ot�vPst � (^.okTl of7) Q If this box is checked, this Deed of Trust secures future advances. YS TIUS Dl,*FD OFTRUST is made this 8TH day of OCTOBER 2U 00 among the Trustor, RICAROO RODRIQUEZ JR AND KATHERINE ROORI UEZ, HUSBAND AND WIFE AS JOINT TENANT J - whose addressis 52930 AVENIDA ALVARADO LA UINTA CA 92253 J (herein "Borrower"). HOUSEKEY FINANCIAL 0 PORAT I ON • AN I LL I NO I S CORPORATION t (herein ""frustce') and the Beneficiary, HOUSEHOLD FIMA14CCI L I 1 a corporation organized and existing under the laws of E L AWARE whose address is . 1802 N IMPERIAL AVE. SUITE B. EL CENTRO• CA 92243 (herein 'lender'). The following paragraph preceded by a checked box is applicable. FTI AA'lil-REAS, Borrower is indebted to Lender in the principal sum of S 130.872 36 evidenced by Borrower's loan Agreement dated OCTOBER 8. 2000 and any extensions or renewals thereof (including those pursuant to any Renegotiable Rate Agreement) (herein '\ote'), providing for monthly installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on OCTOBER 8, 2030 Q WIIEREAS, Borrower is indebted to Lender in the principal sum of S , or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein 'Note'), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of S TO SECURli to Lender the repayment of the indebtedness, including future advances, evidenced by the Note, with interest thereon at the applicable contract rate (including any adjustments to the amount of payment or the contract rate if that rate is variable) and other charge?; the payment of all other sums, with interest thereon, advance in accordance herewith to protect the security of this Deed of Trust; and the performance of the convenants and agreements of Borrower herein contained. Borrower, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, intrust with power of sale, the following described property located in the County of RIVERSIDE State of California; CONTINUEO ON ATTACHED EXHIBIT A which hastheaddressof 52930 ALVARADO. LA oUINTA es„••�I rerev! California 92253 (herein "Property .Address'); ... ®®® "R678M162496WT90a0CA9at90r6■•RaaRIGMZ ■ OnrarWLL F— & U �v 0 0 (Page 2 of 7i TOGI:rIfiiR with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), 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 estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the 'Properly TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) all present and future advances under the Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and (4) the performance of the covenants and agreements of Borrower herein contained; and (5) the payment of such further sums as the then record owner of the Property hereafter may borrower from Lender, when evidenced by another note (or notes) reciting it is so secured. Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, and that the Property is unencumbered except for encumbrances or record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. COVENA." S. Borrower and Lender covenant and agree as follows: I. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and intersst indebtedness evidenced by the Note and late charges as provided in the Note. 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 principal and interest are payable under the Vote, until the Note is paid in full, 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, it any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender. 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 it Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge �m 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. ti Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that interest on the `—° Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be m 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 promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. It 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 promptly refund to Borrower any funds held by Lender. If under paragraph 16 hereof the Property is sold or the Property is otherwise acquired by S Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Leader, any Funds held by Lender at the time or application as a credit against the sums secured by this Deed of Trust. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Ixnder by Borrower under paragraph 2 hereof, then to interest payable on the Note. and then to the principal of the Note. "A6MMl624"WT9000r.A00r9D2o•`aoonlo*Z ■ ORIOIWLL 0 0 t ri (Page 3 of 7) 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 pay or cause to be U paid all taxes, assessments and other charges, lines and impositions attributable to the Property which may attain a priority over this Deed o/ Trust, and leasehold payments or ground rents, if any. S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the I Property insured against loss by fire, 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 the Borrower subject to approval by Lender; be ' provided, that such approval shall not 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 r 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. !.ender may make proof of loss it not trade promptly by Borrower. }.J If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the O 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. l.. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned ];nit � C� Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease it this Deed of 7 Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, 9 (� Borrower shall perform all of Borrower's obligations under the declaration or covenants creating of governing the condominium or planned unit development• the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in ► i'S ffi this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the ;a to ICCrA Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such j �n sums, including reasonable attorneys' fees, and take such action as is necessary to protect Lender's interest. If m O Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust. Borrower 1 shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such M; insurance terminates in accordance with Borrower's and lender's written agreement or applicable law. Where Q � e the original principal amount of the Note then in effect is SI0,000 or more, any amounts disbursed by < Z T7 w Lender pursuant to this paragraph 7, with interest thereat, at the Note rate, shall become additional indebtedness b ' 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 7 shall require Lender to incur any expense of take any action hereunder. m o 8. 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. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation 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 or s trust or other security agreement with a lien which has priority over this Deed of Trust. H 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or C modification of amortization of the sums secured by this Doed 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 f 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. 1 � 05-01-00 00l CA007903 �R6780162096DOf9000G10079D10"•n00nICtIEZ OIIG1W i� (Page 4 of 7) 11. Successors and Assigns Bound; Joint and Several Liability: Co-signers. The covenants an agreements herein contained shall bind. and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 15 hereof. 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 to Trustee under the terms of this Decd 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 or modifying this Deed of Trust as to that Borrower's interest in the Property. 12. 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 at the 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. 13. Governing Law; Severability. The state and local laws of the jurisdiction in which the Property is located shall be applicable to this Deed of Trust, except where such laws conflict with Federal law in which case Federal law shall apply. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other 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 Tees include all sums to the extent not prohibited by applicable law or limited herein. 14. Rehabilitation Loan Agreement. Borrower shall fulfill 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 [ender, 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. 13. Transfer of the Property: Assumption. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) The creation of a lien or encumbrance subordinate to this Deed of Trust which does not relate to a transfer of rights of occupancy in the property: Provided, that such lien or encumbrance is not created pursuant to a contract for deed; (b) The creation of a purchase -money security interest for household appliances; (c) A transfer by device, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (d) the granting of a leasehold interest which has a term of three years or less and which does not contain an option to ig. purchase; (e) A transfer, in which the transferee is a person who occupies or will occupy the property, which is: (A) a d It transfer to a relative resulting from the death of the Borrower, (B) a transfer where the spouse or children) becomes an owner of the property; or (C) a transfer resulting from a decree of dissolution of marriage, legal z separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner m of the property or (f) A transfer into an inter vivos trust in which the Borrower is a, and remains, the beneficiary and occupant of the property, unless, as a condition precedent to such transfer, the Borrower refuses to provide the Lender with reasonable meats acceptable to the lender by which the Lender will be assured of timely notice of any subsequent transfer of the beneficial interest or change in occupancy; Lender may, at Lender's option, declare all sums secured by this Deed of Trust to be immediately due and payable. tender shall have waived such option to accelerate if. prior to the sale or transfer. Lender and the person to whom the Property is sold or transferred reach an agreement in writing that the credit of such person is satisfactory •� to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall request. Borrower shall cause to be submitted information required by lender to evaluate the transferee as if a M= new loan were being made to the transferee. If Lender exercises such option to accelerate, lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice sha!I provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may. without further notice or r demand on Borrower, invoke any remedies permitted by Paragraph 16 hereof. 16. Acceleration: Remedies. Except as provided in paragraph IS hereof. upon Borrowers 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 at Lender's option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the os-01-00 OOT CA007904 •tt6MM162496OOTSOOKA9919DWNROORIGMZ • ORIGINAL (Page i of 7) power of sale and say other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in the paragraph 16 including, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Leader's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. fender or Trustee shall mail copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or lenders designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statement made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 17. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time within three months of the recording of default under this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) 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 enforcing 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 16 hereof, including, but not limited to. reasonable attorneys' foes: and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust. lenders interest in the Property and Borrower's obligation to pay the sums scoured 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. 18. 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 16 hereof or abandonment of the Property, have the right to collect and retain such ar rents as they become due and payable. Upon acceleration under paragraphy 16 hereof or abandonment of the Property, (.ender, 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 payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. bender and the receiver shall be liable to account only for those rents actually received. 19. Reconveyance. Upon payment of all sums secured by this Deal of Trust, lender shag request Trustee to recon ey the Property and shall surrender this Deed of Tit and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall, upon payment of its fees, reconvey the Property without warranty to the person or persons legally entitled thereto. 20. Substitute Trustee. Bender, 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 successur trustee. The successor trustee shall, without 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 i trustee shall govern to the exclusion of all other provisions for substitution. i 05-01-00 00T I011®®gymoil ®®®0111®®®®®N®IM®Boil CA007905 •R67BCSta2496001»aaCA0019050••RnWtGUE2 • OpIGIrNt 1� �J CO ';e 1W 197 N0 2MILCOU-02MI DOw7No610096►29 t smfu. MOM Im 01-LO-5a w FM Q • a a W ry 1 zz p w ^ A L gm� -sIuloj!Pr) jo OP0O 1!n!3 aqi jo it a uolt-S .fq pap!M"d se uaradggo , jo ivawaieis ayi 8u!ys!ujnj joj on paaasa ui tou aaj a iaajjoo Saw japua-j •uo!suSsjQO jo ivawaisi$ ZZ •eruJoj!IoJ jo apo:) VAD aqi jo w6Z uo!1aaS Aq pop!.%ojd so 'is1u1, jo p=G s!gi jo f 0 'I auo aged uo guoj tas se 'ssaippe s,Japurj of ivaq ts1 s au.L jo pwa s!bus ja l.4 qi �a.+o Stuoud sey ya!gta wry low, wwj alnsolaa�oj jo saa!iW1 jo sa!doa iegi stsanbaJ Papua I sxrsppv Suadwd aqt s! ga!q."► —ppa s,sanouog of was aq also jo aa!iou No ilnejap jo aa!iou ayi jo sa!doo legi sisonbal "Atouog •saa!ion joj isonball -it �A •. i . 4 REQUEST I -OR NOTICE OF DEFAULT (Page 7 of 7) ., AND ORECLOSC'RE UNDER SUPERIOR MORTGAGi•S OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Deed or Trust to give Notice to l.en der's addrrss set h on page one of this Deed of 'crust, of any default under the superior encu a er ure action. Ak ODRIGUEZ - Borrower IMPERIAL TH E RODRIGUEZ - Borrower STATE OF CALIPORNIA, County ss: On ibis 6TH _ day of OCTOBER in the year 20 00 , before me, the undersigned, a Notary Public in and for said State, personally appeared RICARDO RODRIGUEZ personally known to me, or proved to me on the basis or satisfactory evidence, to be the petson(s whose name(s) art, subscribed to the foregoing instrument, and acknowledged that they executed the same in histherltheir authorized capacity (ies). and that by hisiherhheir signature(s) on the instrument the porson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: IRa ved for oft'roial c.atI Sam• lljfp d or pt' adl MY Commission expires: 12/26/2003 Title Order No. F-wrow Loan or Loan No. 121 w+ Q ~ c td O ad 0 'U �o C C �w— F O1 a Ca � o�ca NZ MMM T. $ CON" 4111oe SIUVD77 LZ%VVY COMM ear.. Dee. ts. 20 DO NOT RBCORD FOR RECONVEYANCE OR FORECLOSURE SEND TO THE REARM OFFICE OF HOUSEREY FINANCIAL CORPORATION REQUEST FOR FULL RECONVEYANCE To b. ued —1y ,b.■ not. bar bom p810. Dowd To HOUSEKEY FINANCIAL CORPORATION. Trot": ir. -d-.y.N .. 0. '"a — w Wf.. N .....b..ry...... 4 b W .s. O.,I .1 T.— as .... .-..a br -W e.N N 1— a.+. b.— I..Or rM .d .HWR -r r- .r. W.y ,.M..r ..4 &..r, w y.yM.l 1. N .ry l.•. .-.a N T.. ... W b.ti M M Owt N T..n N ..,M d .,.1..,., 0 .•IXM..M .-p.4 by ..4 0-4 .l 1n t a.b. 4 Y r.. a.,.-e Npow .+. rN .w e..f ..r U ..u-.q. -%. ...••+r. M 0. rre.r a..q.aN b► .r. lrw N .4 Orr N 1—% br. —W.. .- WALL SeCOa1EVAl.tr r0. toy) (ay) �.. Do ON laa•.r daruoy Wir Deed at Traar OR THE NOTE wbkb it ac'arar. 05-01-00 DDT(®1®®111t®®11®®N®1®® "IMS1624%0012000CA0079D10-RoaFtIGUEZ • GRIGIPAL G0079D7 1-� 0 Co MH H C7 M • is EXHIBIT A (PAGE 11 LOT 18. IN BLOCK 172 OF SANTA CARMELITA AT VALE LA OUINTA UNIT NO. 17, IN THE CITY OF LA QUINTA. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 19. PAGE(S) 10 AND 20. OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 537.73 APN: 773-314-009-8 II�IililllLlii 111111lill Nil11i111111111111 R61WS ORIGINAL r i Printed on 04-30-2003 Riverside County Title Tax Page 1 Printed at 4:41 PM 773-314-009-8 633 Monique Hall Customer Service Request Only Information is sourced from public records and is deemed reliable, but is not guaranteed. Tax Year: 2002-2003 Assessor's Parcel 773-314-009-8 Payments as of. 04/18/2003 Described As: LOT 18 BILK 172 MB 019/019 SANTA CARMELITA Address: 52930 AVENIDA ALVARADO LA QUINTA 92253 City: LA QUINTA Billing Address: 52930 AVENIDA ALVARADO LA QUINTA CA 92253 Assessed Owner(s): RODRIQUEZ RICARDO JR RODRIQUEZ KATHERINE Mailing Name(s): RODRIQUEZ, RICARDO JR Tax Rate Area: 020-017 Value Conveyance Date: AUG 1987 Land: 10,359.00 Conveying Instrument: 234149 Use Code: R1 Improvements: 67,372.00 Date Transfer Acquired: Single family residential Personal Property: Vesting: JT ' Region Code: Fixtures: Year Built: Zoning Code: Inventory: Year Last Modified: Taxability Code: 0-00 Exemptions Homeowner: 7,000.00 Square Footage Tax Rate: 1.11830 % Inventory: Land: Personal Property: Improvements: Religious: Bill #: 0410983 All Other: ...... Taz Defaulted - 2002 Issue Date: _ Net Taxable Value: 70,Z31 00 ............... ...... Total Tax: 1,176.34 Installment Amount Penalty - Due Date Status Payment Date Balance 1 st 588.17 58.81 12/10/2002 NOT PAID -DELINQUENT 646.98 2nd 588.17 78.81 04/10/2003 NOT PAID -DELINQUENT 666.98 - --- -- - - - -�, 1,313.96 Account Special Lien Description Amount 68-1859 COUNTY SERVICE AREA 9.98 68-2373 CITY OF LA QUINTA LDS & LTG 35.60 68-2376 CITY OF LA QUINTA WASTE DISPOSAL 122.28 68-4612 CHCL VLY AD 93-1 MNT FEE MLL-RS EXP 9.90 68-4834 CVWD SEWER CHG IMP 55 207.60 *** END OF REPORT *** Printed on 04-30-2003 Riverside County Title Tax - Page 1 Printed at 4:43 PM As 773-314-010-8 633 ` Monique Hall Customer Service Request Only Information is sourced from public records and is deemed reliable, but is not guaranteed. Tax Year: 2002 2003 Assessor's Parcel 773-314 010 8 Payments as of 04/18/2003 Described As: LOT 17 BLK 172 MB 019/019 SANTA CARMELITA Address: City: LA QUINTA Billing Address: 52930 AVENIDA ALVARADO LA QUINTA CA 92253 Assessed Owner(s): RODRIQUEZ KATHERINE Mailing Name(s): RODRIQUEZ, KATHERINE Tax Rate Area- 020-017 I Value I Conveyance Date: AUG 1997 Land: 11,888.00 Conveying Instrument: 286061 Use Code: YY Vacant land Region Code: Zoning Code: Taxability Code: 0-00 j Improvements: Personal Property: Fixtures: Inventory: Exemptions Homeowner: Tax Rate: 1.11830 %1 Inventory: Personal Property: Religious: Date Transfer Acquired: Vesting: Year Built: Year Last Modified: Square Footage Land: Improvements: Bill #: 0410984 All Other 1 Issue Date: Net Taxable Value 11 888.00 T Installment Amount Penalty 1st 162.06 16.20 2nd 162.06 36.20 Due Date_ 12/10/2002 04/10/2003 Status NOT PAID -DELINQUENT NOT PAID -DELINQUENT _ Account Special Lien Description_ 68-2373 CITY OF LA QUINTA LDS & LTG 68-2380 LA QUINTA ASSESSMENT DIST 90-1 68-4882 CVWD STDBY CUR DOMESTIC *** END OF REPORT *** Payment Date WS 3 Balance 178.26 198.26 376.52 Amount 11.74 169.44 10.00 JUL-02-2003 10:59 AM EQUITY.OPTIONS.INC. �l JUL-01,-2003 11:18 Printed on 07.01-2003 888 231 2840 P.02 COMMERCE TITLE f 714 480 2079 P.02/02 MNen1wv vuu.I.f . Printed at 10:38 AM 773-314,000-8 Order* K - 6220943 MIMI) - DATBDOWN No bonds Chown on this report 9eneflt Land Title ANOELO Tax Year; 20024003 `Aseea-or's Parcel 773-314-009�_ _PaYmenta ee of: Oa/271t00J Dsufted As: LOT 16 BLK 172 Mb 019/019 SANTA C'ARMSUTA Address: Una AVENIDA ALVARADO LA QUINTA 92263 City: LA QUINTA Billing Address: 82930 AVENIDA ALVARADO LA QUINTA CA 92253 Assessed Ownsr(s): RODRIQUEZ RK'.ARDO JR RODRIQUEZ KATHERINE Malllnn Narnaim" RODRlQUE2» RICARDO JR Tom Rate Area: 020-017 i Value Conveyance Date: AU016t1 234149 Land: 10,359.00 Conveying Instrument: Use Code: R1 Improvements: 67,372.00 Date Transfer Acquired: ✓!Ingle family maldsntlal Personal Property: Vesting: JT Re0en Code: FbRuras: Year Built: Zoning Code: Inventory: Year Last Modified, Taxebltily, Code: "a Exemptlons Homeowner, 71000.00 Square Footage Tex Rate: 1.11630 %. Inventory: Land: Per6onel Property: Improvements: !sill N: 0410983 Religlous: All Other' Riultld::. ,; _ .: = : �;;; . Issue Date: :^60>fal>'s '' lnstudlment Amount Penalty -'�^ Due Date g� Payment Date Balance -- let Bull? 66.61 _ _ _ 1211012002 PD-PENALIrY 06111I2003 Ind sea 17 18.91 0411012003 PD-WIPLNALTY 0611112003 of NSF` Bonds: 0 Parcel Changed: Co_ mm: Ctaim: _ Bold to State: I Melia -Roos: : _ Account '- Special Lien Descripdon _ _Amour+t _ 68-1360 COUNTY ISERVICE AREA 8.88 a64373 CRY OF LA QUINTA LDS IL LTG 86.60 66-2376 CITY OF LA QUINTA WASTE DISPOSAL 122.26 6"12 CHCL VLY AD 934 MNT FEE MLL-R8 EXP Ilea _ 66.4834 CVWD SEWER CHO IMP 68 807,A0 [OPEN ORDER: 0006226942, Company R, Opened 0511312003,^ Title officer 12 [OPEN ORDER: t1006226f 16, Company R, Opened 0311712003, TAIe Officer 12 [-� • • • DELINQUENCY INFORMATION FORMOR OR YEARS [Year PereeU01110 _Bill Type 61112 Doling Inst _Amount Penalty CostlFee Accum Int _P!nt 8ta�e 2001 773-014-009 Reg i Both - 0.00 0.00 0.00 0.00 RlDG6MBD� -- • • • EXTENDED MONTHLY REDEMPTION SCHEDULE "•' Month 2003/2004 Interest Amount Month Interest Amount _ : ' :.0.00 Jan 2004 0.00 0.0 Aug 2003 OAO Feb 2004 0.00 0.00 Gap 2003 0.00 0.00 Mar = 4 0.00 0.00 Oct 2003 OAO 0.00 Apr2004 0.00 0.04 Nov 2003 0.00 0.00 May 2004 0.00 0.00 Dec 2003 0.00 _ 0.00 Jun 2004 8.00_ _ . 0.00 • * • END OF REPORT • 4 • TOTAL P.02 0- ° 3`qa 7 JUL-02-2003 12:39 PM EQUITY.OPTIONS INC $8$ 231 2 _ P _ 02 JUL-01-2M 12;33 WIMERCC TITLE 714 480 2079 P.02i02 cxUuv - rctvtrrxlut: wuruy - rrupCrky Jaxcn - t<nvtcw I uur rrupt1rty luwiLtmt1U11 ra8v r ..r .I RIVERSIDE COUNTY CALIFORNIA Pwl MmOmmil, Ttrwnr tm by ,;:I* PZ®ova.. Review Your Property Information This page reflects the information currently available In the county's system for current secured taxes. Any prior payments made through this site will be reflected within 3.4 business days. Identification Information Address Information Assessment 773314010.8 Property No property address Number: Address: information available Property Type: Reel Tax Rate Area: La Quints Bill Number: 000410984 LOT 17 BLK 172 MB 019/019 SANTA CARMELITA VALE LA QUINTA UNIT 17 2002 Value(&) Tax Details Lend $11,880.00 Tax Rate: 1.11830 Total Value $11.888.00 Net value After Tax Due: $132.94 Exemptions $11.888.00 Special Assessment Exsmptlon(s) Due: $ 191.18 No exemptions) on file $0.00 Total Due: L $ 324.12 Paid To Date: $ 376.60 Payment Status: Paid In full Last Updated: 08/2612003 Installments: Due Date: Amount Due; Installment 1-Taxes and Assessments 12/10/2002 $.00 Installment 1-Penalty 12/10/2002 $.DO Installment 2-Taxes and Assessments 04f1on003 $A0 Installment 2-Penalty 04/10/2003 S.00 There Is no tax due at this time. If Total Due 420.00 you have further questions about this account. plasse etlntact the agency. '• : � t;taolt Copyright 4t1 6 2200v And Riverside County. All rights reserved. ftl anLtetsx 6.44-.iI-.--...-...J- .... ..._...--• I------.--__. ... .... PA MfAL'V.02 Ord 0 -3 901��7 ************************** ****************************** ************************** *S TROSCAN Q U I C K. C P S * 1860 Howe Avenue, Suite 455 * Sacramento, California 95825 * PHONE [8001 866-2783 FAX [9161 921-6781 **************************************************************************************** • Prepared For Date of Report :5/9/2003 * Company County Name :Riverside (CA) * Address * City, ST, Zip * Prepared By * * OWNERSHIP INFORMATION * Parcel No. :773 314 009 * Owner :Rodriquez Ricardo Jr * CoOwner :Rodriquez Katherine * Site Address :52930 Avenida Alvarado La Quinta 92253 * Mail Address :52930 Avenida Alvarado La Quinta Ca 92253 * Telephone :760-564-0459 * SALES AND LOAN INFORMATION * * Current Transfer Previous Transfer * Transferred :08/01/1987 * Document # :234149 * Sale Price :$60,500 Full * Deed Type :Grant Deed * Loan Amount * Lender * Loan Type * Seller Name * * ASSESSMENT AND TAX INFORMATION * ------------------------------ ----------=--------- * Land :$10,359 Exempt Type :Homeowners * Structure :$67,372 Exempt Amount :$7,000 * Other Tax Rate Area :20-017 * Total :$77,731 02-03 Taxes :$1,176.34 * Improved :87 * * PROPERTY DESCRIPTION * * Map Grid :879 E2 * Census :Tract:451.10 Block:l * Zoning * Land Use :RO1 Res,Single Family Residences * Sub/Plat :Santa Carmelita Vale La Quinta Unit 17 * * Legal, :LOT 18 BLK 172 MB 019/019 SANTA * :CARMELITA VALE LA QUINTA UNIT 17 * PROPERTY CHARACTERISTICS * Bathrooms:2.00 Stories :1 Lot Acres :.11 Year Built :1979 * Bedrooms :2 Fireplace:No Lot SgFt :4,791 Units :1 * Dining Rm: Tennis Ct: Lot Dimen. OfficeSgFt * •Family Rm: Pool :No Bldg SgFt :1,222 Lease SgFt * Util Rm Sauna GarageSgFt :400 Sprinkler * Rec.Room Dishwsher: Garage Sp. Elevator * TotalRms Air Cond.: Addl SgFt WallHeight **************************************************************************************** Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 7 PREPARED FOR: DATE :5/9/2003 Owner :Rodriquez Ricardo Jr County Name :Riverside (CA) Address :52930 Avenida Alvarado La Quinta 92253 :La Quinta APN :773 314 009 COMPARABLE PARAMETERS USED ****************************** PROXIMITY,1.000 SUBDIVISION CITY TRANSFERDATE,12 FULLSTAMPS FASTPRICE SALESPRICE>,170000 LANDUSE BEDROOMS COMPARABLES FOUND USING THE ABOVE PARAMETERS: ADDITIONAL SALES Sale #1 *----------------. MetroScan Comparable Owner :Rodriquez Ricardo Jr Sales --------------------* Site :52930 Avenida Alvarado La Quinta 92253 Parcel Date :773 314 009 :08/01/1987 Mail :52930 Avenida Alvarado La Quinta Ca 92253 Price :$60,500 F Use :RO1 Res,Single Family Residences Doc # :234149 Map Pg:879 E2 Phone :760-564-0459 Bedrm :2 Bth:2.00 TotRm: YB:1979 Pool:No B1dgSF:1,222 Ac:.11 Sale #2 *----------------. MetroScan Comparable Owner :Rodriquez Katherine Sales Site :*no Site Address* Parcel Date :773 314 010 :08/12/1997 Mail :52930 Avenida Alvarado La Quinta Ca 92253 Price :$11,000 Use :R04 Res,2 Or More Residential Units Doc # :286061 Map Pg: Bedrm : Bth: TotRm: YB: Pool:No Phone :760-564-0459 B1dgSF: Ac:.11 Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. ,ga -- IN 1110 OF AN INCH 25-39 .. 773-31 r.R.A.Oro- 017 ozo-09/ 020-064 POR, N//2 SEC. /2 r. 6S• R.6E. rNIS MAP 02o-OrB L 1 1 l Q L IS rOR 4SSESSMENr PxRPoSES oMr 1 I 1F25 -- /� / P6O/ /� / t ,./� 2�1J Q / 00.DD 26O r.o ® O Q 2 2, 2502 ©2 2502 rRd O�-09/ 02 25� 0.23*AC, 2 e e®z /"- /00 N71r.A O w 24O $Q 3 A 24 O /6 3 9ro-en 24 O /6 3 24 O ru om Q 3 .o oA. . O3ere Z O 23O Q 4; C °N 23 4Q 0 4 23 qO /7 q O P3 ® Q 4 O u® POR r.os x °®5 O a 22 O /B 5 0 22 O /B 5 vQ 22 © Q 5 m 4oee'. - °V . q y q �P/ © Q 6 _4 R �2/ li 6 �waO1I l9 b• O a fl _ OB 275ACI m d h 7 wo. I ___ M 02007 7 ® O2O / V O 3 7 ® O / J2 4 ®7 /� '\%7 ®FF o�® ll.�f�l•!7!!HA'!f �mm�FA\ 7 rB... n8®A9Ac}° o ° ml9© ®j B ml9 ©Q e B �/g O Q B O /9 0 9 ® 9 ti /B p /9rO ® 9 Q © avP-9sI 9 18 O' Z ®/O C (g/O M o+7 O /7 Q ®IO 17 Q ® /0 ex Dre•OA N3 i e Q o /5Al /4 /5 Q 4 I5 Q Q I2 /5 /2 ® /2 I Fd /5 O2 12 w /2 e /4 © 2C6 /3 , /4 /3 „ ®/3 r ^ CALLE CHNVZUA •, Ixl„ B4 Sonto Corme/!lo At Vale Lo Oointo Unit No. /7 MB /9//9-20 BO/e; 21•B•/7 21•B-BO , MARCH /967 SEP 0 0 1995 ASSESSOR'S MAP BKY73 PC. 3/ R/VE S!0£ COUNTY G1L/F, 6K