HomeMy WebLinkAboutD-2789 L.- 2 787
COPY of D'et Recorded
RECORDING REQUESTED BY:
03/17/2009
When Recorded Mail Document To:
h Orlgina4 lin
Best Best & Krieger, LLP ( 1- �H
3750 University Avenue, Suite 400 20090379608`
F Med.
Attention: Ae i :
Ma r garet A . 92501
Ho sking f LOS ANGELES COUNTY REGISTRAR- RECORDER
Margaret A. Ho
APN: 5785- 002 -900 SPACE ABOVE THIS LINE FOR RECORDER'S USE
SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
ti
THIS DEED OF TRUST is made this S day of ACAive k , 2009, between KIN Y. CHU, a
married man and BENSON TSE, a married man, herein called TRUSTORS, whose address is
240 South Raymond Avenue, Alhambra, California 91801
CHICAGO TITLE COMPANY., a California Corporation, herein called TRUSTEE, and the CITY
OF ARCADIA, a municipal corporation, herein called BENEFICIARY,
WITNESSETH: That TRUSTORS IRREVOCABLY GRANT, TRANSFER AND ASSIGN to TRUSTEE
IN TRUST, WITH POWER OF SALE, the properties in the City of Arcadia, Los Angeles County,
California, described as:
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, CITY OF ARCADIA, AND IS DESCRIBED AS
FOLLOWS:
Lot 13 of Tract No. 29895, as per map reco a in Look S14, Pages 21 k 22 of Maps, in
the Office of the County Recorder of said County.
A.P.N. 5785.002.900
AND
A PARCEL OF LAND LOCATED IN THE STATE OF CA, COUNTY OF LOS ANGELES,
WITH A SITUS ADDRESS OF 508 W CAMINO REAL AVE, ARCADIA CA 91007 -7379 C069
CURRENTLY OWNED BY CHU KIN Y & TSE BENSON HAVING A TAX ASSESSOR
NUMBER OF 5785- 002 -064 AND BEING THE SAME PROPERTY MORE FULLY
DESCRIBED AS TRACT NO 6509 LOT COM AT NE COR OF LOT 71 TH S ON E LINE OF
SD LOT TO N LINE OF S 76 FT OF SD LOT TH W THEREON 66.41 FT TH N PARALLEL
WITH SD E LINE TO N LINE OF SD LOT TH E THEREON TO BEG AND DESCRIBED IN
DOCUMENT NUMBER 1716334 DATED 09/11/2008 AND RECORDED 09/24/2008.
A.P.N. 5785-002-064
TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and
authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein
by reference to collect and apply such rents, issues and profits.
For the Purpose of Securing: 1. Performance of each agreement of Trustors incorporated by reference or
contained herein. 2. Payment of the indebtedness evidenced by one promissory note of even date herewith,
and any extension or renewal thereof, in the principal sum of One Hundred Eighty -Eight Thousand
Dollars ($188,000.00) executed by Trustors in favor of Beneficiary or order. 3. Payment of such further
FD -22 IB (Rev. 9/94) SHORT FORM DEED OF TRUST
R VBUS \MHOSK ING \730903.2
sums as the'then record owner `Yowrid property hereafter may borrow from Benery, when evidenced by
another note (or notes) reciting it is so secured.
To Protect the Security of this Deed of Trust, Trustors Agree: By the execution and delivery of this
Deed of Trust and the note secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of
trust recorded in Santa Barbara County and Sonoma County October 18, 1961, and in all other counties
October 23, 1961, in the book and at the page of Official Records in the office of the county recorder of the
county where said property is located, noted below opposite the name of such county, viz:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 435 684 Kings 792 833 Placer 895 301 Sierra 29335
Alpine 1 250 Lake 362 39 Plumas 151 5 Siskiyou 468 181
Amador 104 348 Lassen 171 471 Riverside 3005 523 Solano 1105 182
Butte 1145 1 Los Angeles T2055 899 Sacramento 4331 62 Sonoma 1851 689
Calaveras. 145 152 Madera 810 170 San Benito 271 383 Stanislaus 1715 456
Colusa 296 617 Marin 1508 339 San Bernardino5567 61 Sutter 572 297
Contra Costa3978 47 Mariposa 77 292 San Francisco A332 905 Tehama 401 289
Del Norte 78 414 Mendocino 579 530 San Joaquin 2470 311 Trinity 93366
El Dorado 568 456 Merced 1547 538 San Luis Obispol 151 12 Tulare 2294 275
Fresno 4626 572 Modoc 184 851 San Mateo 4078 420 Tuolumne 135 47
Glenn 422 184 Mono 52 429 Santa Barbara 1878 860 Ventura 2062 386
Humboldt 657 527 Monterey 2194 538 Santa Clara 5336 341 Yolo 653 245
Imperial 1091 501 Napa 639 86 Santa Cruz 1431 494 Yuba 334 486
Inyo 147 598 Nevada 305 320 Shasta 684 528
Kern 3427 60 Orange 5889 611 San Diego Series 2 Book 1961, Page 183887
which provisions, identical in all counties, (printed on the attached unrecorded pages) are hereby adopted
and incorporated herein and made a part hereof as fully as though set forth herein at length; that Trustors
will observe and perform said provisions; and that the references to property, obligations and parties in said
provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trust.
The undersigned Trustors request that a copy of any Notice of Default and of any Notice of Sale hereunder
be mailed to them at the address hereinbefore set forth.
STATE OF CALIFORNIA TRUSTORS:
COUNTY OF
ON before me,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) Kin
is /are subscribed to the within instrument and acknowledged
to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their
signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the ,,
instrument. I certify under PENALTY OF PERJURY under B- • -use 4
the laws of the State of California that the foregoing
paragraph is true and correct
Witness my hand and official seal.
Signature
FD-221B (Rev. 9/94) SHORT FORM DEED OF TRUST
RVBUS \MHOSKING \730903.2
APN: 5785- 002 - 900' �Iilrr
DO NOT RECORD
The following is a copy of provisions (1) to (14), inclusive, of the fictitious deed of trust, recorded in each county in California, as stated in the foregoing Deed of
Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTORS AGREE:
(1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and
workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials
furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste
thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which
from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other
insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary
the entire amount so collected or any part thereof may be released to Trustors. Such application or release shall not cure or waive any default or notice of default
hereunder or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs
and expenses, including cost of evidence of title and attomey's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may
appear, and in any suit brought by Beneficiary to foreclose this Deed.
(4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all
encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this
Trust.
Should Trustors fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to
or demand upon Trustors and without releasing Trustors from any obligation hereof, may: make or do the same in such manner and to such extent as either may
deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any
action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any
encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses,
employ counsel and pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law
in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount
demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded.
(6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be
paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of
proceeds afire or other insurance.
(7) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all
other sums so secured or to declare default for failure so to pay.
(8) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said
note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of
said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement
subordinating the lien or charge hereof.
(9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for
cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such
reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or
persons legally entitled thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in such request
to retain them).
(10) That as additional security, Trustors hereby give to and confer upon Beneficiary the right, power and authority, during the continuance of these Trusts, to
collect the rents, issues and profits of said property, reserving unto Trustors the right, prior to any default by Trustors in payment of any indebtedness secured
hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default,
Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any
security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such,
rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable
attomey's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property,
the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or
invalidate any act done pursuant to such notice.
(11) That upon default by Trustors in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all
sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and
of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note
and all documents evidencing expenditures secured hereby.
INITIALS
JhWrigSMV \730903.2 SHORT FORM DEED OF TRUST
APN: 5785- 002 -900
DO NOT RECORD
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been
given as then required by law, Trustee, without demand on Trustors, shall sell said property at the time and place fixed by it in said notice of sale,
either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash of lawful money of the
United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and
place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the proceeding postponement.
Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The
recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustors, Trustee, or
Beneficiary as hereinafter defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall
apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by
law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
(12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a
successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged
and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of
such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and
duties. Said instrument must contain the name of the original Trustors, Trustee and Beneficiary hereunder, the book and pages where this Deed is
recorded and the name and address of the new Trustee.
(13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors,
successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not
named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and /or neuter, and the
singular number includes the plural.
(14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not
obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustors, Beneficiary or
Trustee shall be a party unless brought by Trustee. �/ r
INITIALS (' -="
RVBUS \MHOSKING \730903.2
t
REQUEST FOR FULL RECONVEYANCE
Chicago Title Company, a California Corporation, TRUSTEE:
The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have
been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed
of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith, together with the said Deed of Trust, and
to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same.
Dated
By:
Please mail Reconveyance to:
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both original documents must be delivered to the Trustee for
cancellation before reconveyance will be made.
STATE OF CALIFORNIA
COUNTY OF
ON before me, 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
RVBUS \MHOSKING \730903.2
m
Voucher Invoice Date Invoice Amount Invoice Comments 'Amount Paid
435910 03/05/2009 03/05/09 29.00 RJIMENEZ /MAH 24347.06000 RECORDING FEES 29.00
Check Date BEST BEST & KRIEGER LLP
Mar 05, 2009 LAWYERS Check No. 288446
400 MISSION SQUARE 16- 66/1220
3750 UNIVERSITY AVENUE
RIVERSIDE GENERAL ZBA RIVERSIDE, CALIFORNIA 92501
BANK OF AMERICA Check Amount
3650 14th Street
Riverside, CA 92501 29.00
TWENTY -NINE AND 00/100 Dollars
VOID AFTER SIX MONTHS
PAY LOS ANGELES COUNTY RECORDER
TO THE
ORDER OF Ut ' p
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II' 28844611' I: L 2 20006611: L496 3811 5099011'
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