HomeMy WebLinkAboutRDA 03 HSNG REHAB 08-19-96RDA NO. 3
8-19-96
DATE-
AUGUST 19, 1996
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
REDEVELOP1V[ENT AGENCY
MODIFICATION TO HOUSING REHABILITATION PROGRAM
RECOMMENDATION
It is recommended the Redevelopment Agency authorize Redevelopmem Agency staff to increase the
amount available for exterior painting, as part of the City's Residential Rehabilitation Program, fi.om
$3000 per property to up to $9000 per property. Each participant is subject to execution of legal
documents as prepared by the City Attorney's office.
FISCAL IMPACT
The program modification would result in approximately $35,000 additional redevelopment funds
being spent this fiscal year. Funds were already included in the 1996-97 Agency budget for this
purpose.
BACKGROUND AND DISCUSSION
Since 1993 the Redevelopment Agency has provided a residential rehabilitation program in portions of
the South Central Redevelopment Project Area and in other areas of the Southwest neighborhood
which are outside of the Redevelopment Project Area. These programs are funded by the tax
increment the Agency is required to set-aside to maintain, improve and expand the City's low to
moderate income housing stock.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPT.
'300 CENTENNIAL WAY
TUSTIN, CALIFORNIA 92680
This Agreement is recorded at the
request and for the benefit of the City of
Tustin Community Redevelopment
Agency and is exempt from the payment
of a recording fee, pursuant to
Government' Code Section 6103.
CITY OF TUSTIN COMMUNITY
REDEVELOPMENT AGENCY
By:
Its:
Date:
COVENANTS AND AGREEMENT
RENTAL HOUSING REHABILITATION PROGRAM
LOAN PROGRAM II
This Agreement is made this day of ,19__, in the City of Tustin,
California, by and between the City of Tustin Community Redevelopment Agency, a
municipal corporation, hereinafter referred to as "Agency," and,"
hereinafter referred to as "Owner."
RECITALS
WHEREAS, the Owner owns residential income property at
., Tustin, California, and more particularly
described as (the "Property"):
[insert legal description of Property]
WHEREAS, in an effort to rehabilitate deteriorated rental units, the Agency's
Housing Rehabilitation Rental Loan Program offers reimbursement loans to owners to
rehabilitate rental units, provided such owners enter into agreements on the terms Set
forth herein; and
WHEREAS, the Owner has applied to the Agency for a reimbursement loan in
order to rehabilitate the Property.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein, the parties agree as follows:
1. Covenants.
A. The Owner covenants to maintain the Property in compliance with
the City of Tustin-Property Maintenance Ordinance, the State Housing Law, and all
other applicable codes and ordinances. The Owner shall maintain the Property in a
safe and sanitary condition in accordance with the State Housing Law, and shall keep it.
free from trash, abandoned or dismantled vehicles, and graffiti, in addition, the Owner
shall provide for ongoing maintenance of the Property, including landscaping.
B. The Owner shall not permit the parking, storing or keeping of any
vehicle on the Property, except wholly within the parking areas designated therefor.
The Owner shall not permit the parking, storing or keeping of any large commercial type
vehicle, or any recreational vehicle. The Owner shall not permit major repairs or major
restoration of any motor vehicle, boat trailer, aircraft or other vehicle to be conducted
upo.n any portion of the Property, including parking spaces, except for emergency
repairs thereto and then only to the extent necessary to enable movement thereof to a
proper repair facility. No inoperable vehicle shall be stored or kept anywhere on.the
Property.
C. Common use.areas on the Property shall be kept free of
deterioration, including:
(1')
Potholes in driveways, cracks in asphalt, weeds growing
through the asphalt.
(2)
Fencing, landscaping and irrigation systems in poor
condition. (All fencing, landscaping and irrigation systems
shall be routinely inspected and maintained in good
condition.)
(3) Broken or discarded furniture, appliances and other
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household equipment stored in yard areas for periods
exceeding one week.
(4)
Broken windows, constituting hazardous conditions and/or
inviting trespassers and malicious mischief.
(5)
Damaged garage doors that may become inoperative or
unsafe to operate.
(6)
Graffiti remaining on the property for a period exceeding
three (3) days.
(7)
Damage to the building that may result in cracked or missing
stucco.
(8)
Faded, cracked or peeling paint on the building, garage
doors, fences, or trim.
(9) Uneven, broken or damaged walkways.
(10) Broken, damaged or unsound stairways and landings.
D. The occupancy of each apartment shall be restricted to: (1) not
more than 3 persons for each one bedroom dwelling unit, (2) not more than 6 persons
for each two bedroom dwelling unit, and.(3) not more than 9 persons for each three
bedroom unit.
E. The Property shall be used for private apartment dwelling
purposes, with appurtenant facilities, and for no other purposes. Conversions to
condominium units is a permissible use of the Property.
F. The Owner covenants that the Property shall be in compliance with
all of the aforementioned covenants in A, B, C, D and E for the term of this Agreement,
which shall be five years.
G. The covenants embodied in this Agreement touch and concern the
Property, and shall be binding upon the Owner(s), their heirs, successors, or assigns,
and shall constitute covenants running with the land
,
2o Loan Amount/Repayment.
A. Subject to the terms and conditions of this Agreement, a
reimbursement loan for the painting of the exterior of the Property shall be made by the
Agency in an amount not to exceed Six Thousand Dollars ($6,000.00). The principal
1101-00001
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amount of the loan shall equal the actual cost of the exterior painting, not to exceed the
lesser of: (1) the amount of the Agency-approved bid, or (2) $6,000.00.
B. The amount of the loan shall not be determined Until the Owner has
done the following:
(1) prepared, or caused to be prepared, drawings, plans and
specifications (the "Plans") for the exterior painting (the
"Improvements"), and submitted the Plans to the Agency for review
and approval;
(2) solicited three bids for the Improvements, and submitted each
of the bids, together with an indication of the Owner's preference as
to the party to whom the contract Should be awarded, to the Agency
for review and approval;
(3) submitted any change order; to the approVed Improvement"
contract, to the Agency for review and approval before authorized
by the Owner (any such change order that has been neither
approved nor disapproved within five (5) business days after
submission to the Agency shall be deemed approved); and
(4) maintained complete and accurate accounts, invoices, and
records of all monies expended or paid pursuant to the approved
Improvement contract during the course of the exterior painting,
and, upon completion of the approved Improvement contract, made
a final accounting to the Agency to establish the cost of such
contract.
C. Concurrently herewith, the Owner shall execute a note, payable to
the Agency, in an amount not to exceed Six Thousand Dollars ($6,000.00). The note
shall be in the.form of Exhibit A, attached hereto and incorporated herein'by reference,
and shall be secured by a deed of trust, in the form of Exhibit B, attached hereto and
incorporated herein by reference. The deed of trust, and this Agreement, shall be
recorded in the official records of the Orange County Recorder.
D. If the Owner violates any of the aforementioned covenants during
the term of this Agreement, the note shall become immediately due and payable to the
Agency. Should the Owner maintain the Property in accordance with the
aforementioned covenants for a period of five years from the date of execution of this
Agreement, then the note shall be cancelled at the end of such five-year period.
1101-00001
32429_1 4
3. General Provisions.
A. The Owner shall be responsible for ensuring a standard, approved
method of tenant screening, which does not discriminate according to age, sex, race, or
religion. Said method shall be submitted to the Agency for review and approval.
B. The Owner shall designate at least one on-site manager for the
Property. The Owner shall inform the Agency in writing of the name, address and
telephone number of said on-site manager and of any and all changes to said
information within (10) days of said change.
C. The Owner shall join the organization known as the Tustin Effective
Apartment Managers (TEAM) and shall attend personally or have a representative
attend TEAM's regularly scheduled monthly meetings.
D. Nothing in the above shall be construed to limit the abilitY of the
Agency to seek other relief as may be appropriate.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
TUSTIN COMMUNITY
REDEVELOPMENT AGENCY:
OWNER
By: By:
Executive Director
APPROVED AS TO FORM
By:
Property Owner
Property Owner
Agency Counsel
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32429_1
ALL PU,RPOSE 'ACKNOWLEDGMENT
STATE OF CALIFORNIA. )
) SS:
COUNTY OF ORANGE )
On this~ day of
appeared
,19 , before me, personally
Name(s) of Signer(s)
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.
NOTARY SEAL
Signature of Notary
1101-00001
32429_1
ALL PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On this day of
appeared
,19 , before me, personally
Name(s) of Signer(s)
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.
NOTARY SEAL
Signature of Notary
1101-00001
32429_1
DO NOT DESTROY THIS NOTE: WHEN PAID, THIS NOTE MUST BE
SURRENDERED TO THE TRUSTEE FOR CANCELLATION, BEFORE
RECONVEYANCE OF THE DEED OF TRUST SECURING THIS NOTE WILL BE
MADE.
PROMISSORY NOTE
(Rental Housing Rehabilitation Program)
$ Tustin, California
[Not to exceed $6,000.00] ,199_
!. Loan
For value received, ("Obligor") promises
to pay to the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California community
redevelopment agency ("Agency"), or order, at 300 Centennial Way, Tustin, California
92680, Attention: Redevelopment Project Manager, or at such other place as the holder of
this note may from time to time designate by wdtten notice to Obligor, a principal sum equal
to the total amount of all disbursements from Agency to Obligor hereunder, such sum not
to exceed the amount of Six Thousand Dollars ($6,000.00). Principal shall be due and
payable, on the terms and conditions provided herein, in lawful money of the United States
of America.
,
Ii. Purpose
This note is made pursuant to that certain Covenants and Agreement (Rental
Housing Rehabilitation Program, Loan Program II), between Obligor and Agency, of even
date herewith (the "Agreement"), and pertains to the rehabilitation of the property described
on Attachment A hereto, which is incorporated herein by this reference (the "Property").
Obligor shall rehabilitate the Property for residential rental purposes, as more particularly
described in the Agreement.
II!. Disbursement
B, Loan Amount
1. The principal amount of this note shall equal the actual cost of the exterior
painting, not to exceed the lesser of: (1) the amount of the Agency-approved bid, or (2)
$6,000.00.
o
Such amount shall not be determined until Obligor has done the following:
(a) prepared, or caused to be prepared, drawings, plans and specifications
(the "Plans") for the exterior painting (the "Improvements"), and submitted the Plans to
Agency for review and approval;
(b) solicited three bids for the Improvements, and submitted each of the bids,
together with an indication of Obligor's preference as to the party to whom the contract
should be awarded, to Agency for review and approval;
(c) submitted any change order, to the approved Improvement contract, to
Agency for review and approval before authorized by Obligor (any such change order that
has been neither approved .nor disapproved within five (5) business days after submission
to Agency shall be deemed approved); and
(d) maintained complete and accurate accounts, invoices, and records of all
monies expended or paid pursuant to the approved ImprOvement contract during the
course of the. exterior painting, and, upon completion of the approved Improvement'
contract, made a final accounting to Agency to establish the cost of such contract.
C. Conditions and Disbursement Schedule
Agency shall disburse, to Obligor, the following proceeds of this note, based on the
following conditions and disbursement schedule:
1. Conditions. Agency's obligation to disburse funds to Obligor hereunder shall
be subject to the following conditions:
(a) Agency shall have received a title guarantee or title policy, in form and
substance satisfactory to Agency, showing fee simple title to the Property vested in Obligor,
subject only to such liens and encumbrances as Agency, in its sole and absolute discretion,
feels will not impair the value of the deed of trust securing performance of this note;
(b)
disbursement;
Obligor shall continue to own the Property at the time of each
(c) The deed of trust securing the performance of this note shall have
been recorded in the official records of the Orange County, California Recorder;
(d) Obligor is not then in default under the Agreement; and
(e) Obligor shall have satisfied the applicable requirements of Paragraph
B, subparagraph 2 above, with respect to the Improvements and the actual cost of the
Improvements shall have been established.
!101-OO001
32441_1
2. Schedule. The amount to be disbursed to Obligor, under this note, shall
be disbursed after the Improvements have been completed, the final accounting has been
made to establish the cost thereof, and unconditional lien releases have been received by
Agency with respect to the Improvements.
IV. Satisfaction and Release
If Obligor maintains the Property in accordance with the covenants contained in the
Agreement, for a period of five years from the date hereof, then this note shall be cancelled
at the end of such five-year period, and the deed of trust securing this note shall be
reconveyed.
V. General Provisions
Notwithstanding any other provision of this note to the contrary, if a default occurs
(a) under any proviSion of this note or the deed of trust securing this note, or (b) under the
terms of the Agreement, then the entire unpaid principal balance under this note shall at
once become due and payable in full, without notice, at the option of the holder of this note,
and Agency shall have all rights available to it under this note and the deed of trust, and
as otherwise provided by law, including but not limited to the right to foreclose under the
deed of trust. Failure to exercise such option shall not constitute a waiver of the right to
exercise it in the event of any subsequent default.
This note is secured by a deed of trust, of even date herewith, in favor of First
American Title Insurance Company, a California corporation, as Trustee, which encumbers
the Property. The deed of trust contains the following provisions:
1. Due on Transfer. If Trustor shall sell, convey or alienate the real
property ("Property") encumbered by this Deed of Trust, or any part thereof,
or any interest therein, or shall be divested of its title or any interest therein
in any manner or way, whether voluntarily or involuntarily, without the written
consent of Beneficiary being first had and obtained, which consent may be
withheld for any reason whatsoever, then the entire unpaid principal balance
and all unpaid accrued interest under the note shall at once become due and
payable in full, without notice, at the option of the holder of the note, and
Beneficiary shall have all rights available to it under the note and this Deed
of Trust, and as otherwise provided by 'law, including but not limited to the
right to foreclose under this Deed of Trust. Failure to exercise such option
shall not constitute a waiver of the right to exercise it in the event of any
subsequent transfer.
2. Acceleration Clause. if a default occurs (a) under any provision of the
1101.00001
32441_1
note or this Deed of Trust, or (b) under any provision of the Covenants and
Agreement (Rental Housing Rehabilitation Program, Loan Program II)
between Obligor and Agency, of even date herewith and being recorded
concurrently herewith, then the entire unpaid principal balance under the note
shall at once become due and payable in full, .without notice, at the option of
the holder of the note, and Beneficiary shall have all rights available to it
under the note and this Deed of Trust, and as otherwise provided by law,
including but not limited to the right to foreclose under this Deed of Trust.
Failure to exercise such option shall not constitute a waiver of the right to
exercise it in the event of any subsequent default.
The deed of trust provisions quoted above are material provisions of this note.
Obligor agrees to pay the following costs, expenses, and attorneys' fees paid or
incurred by the ~holder of this note, or adjudged by a court: (1) reasonable costs of
collection or enforcement, including costs, expenses and attorneys' fees paid or incurred
in connection with the collection or enforcement of this note, whether or not suit is filed; and
(2) costs of suit and such sum as the court may adjudge as attorneys' fees in any action
to enforce payment of this note or any part of it.
"Obligor"
ACCEPTED BY:
TUSTIN COMMUNITY
REDEVELOPMENT AGENCY, a
California community redevelopment
agency
By:
Its:
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32441_1
LEGAL DESCRIPTION OF PROPERTY
All that certain real property located in the City of Tustin, County of Orange, State of
California, as more padicularly described as follows:
[insert legal description]
ATTACHMENT "A" TO PROMISSORY NOTE
1101-00001
32441_1
Orcer No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
Tustin Community Redevelopment Agenc?
300 Centennial Way
Tustin, CA 92680
Attn.' Redevelopment Project .Manager
RN,,I~N, CO SECTION
EXEMPT FROM RECORDING FEE PER GOVE ,~ T DE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(LONG FORM)
This DEED OF TRUST, !made
, !99 , betweer
herein called TRUSTOR,
whose address is
(Number and Street) (City) : (S~ate)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation,, herein called TRUSTEE, and
TUSTIN CUI'IHUNI'rY REDEVELOPHENT AGENCY, a California community redevelopment agency
, herein called BENEFICIARY
WITNESS:'-TH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the
City of Tustin, CounTy of Orange , State of California, described as:
(legal
description to be inserted)
For additional provisions of this Deed of Trust, see the rider attached hereto
as Exhibit A and incorporated herein by reference.
toe, ether with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to an¢
conferred upon Beneficiary to collect and apply such rents, issues and profits, for the purpose of securing (1) payment of the
sum of S with interest thereon according to the terms of a promissory note or note.~
of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) th~
performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sum..
and interest thereon which may hereafter be loaned to T _rustor, or his successors or assigns, when evidenced by a promissor~
note or notes reciting that they are secured by this Deed of Trust.
A. To protect the security of this Deed of Trust, Trustor agrees: ..
(i) To keep said property in c~ood condition and repair; not to remove or demolish any building thereon; to complet~
or restore promptly and in good an~l workmanlike manner any building which may be constructed, damaged or destroye'.
thereon and to Pay when due all claims for labor performed and materials furnished therefor; to comply with all laws sffectinc.
said prope,m/or requiring any alterations or impiovements to be made thereon; not to commit or permit waste thereof; no
to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune an(
, ,',r !r:. .... ,-, ......... C; &.fi',/ aoree.'T',e.q'
' lin,, ,e,.,l,-_~iy cue , ,
hereunder. Beneficiary may declare all sums secured hereby ' "" '~'~'= and payable bv deliver,,, tc ~rustee of wrr:ter
,-,' writ'.,en nctice cf aefauit aha of election to cause to be _oi,~ said prope.m,'
Ceciaraticn Of default ann demand for sale and ~., .
which notice Trustee shall cause to be flied for record. Beneficiary also shall Ce3osit with Trustee this Deed, said note and al
documents evidencing expenditures secured hereby.
Afl, er the lapse of such time as may then be reauired by law following the recordation of said notice of default, and notic.~
'
·
of sale having been given as then required by law, Trustee. without demand on ~rustor, 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 in lav,rful 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 thereafie
may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver
such purchaser its deed conveying the proDe.~/so sold. but without any covenant or warranty, express or implied. The recital:
in such deed of any matters or facts shall b~= conclusive proof of the truthfulness ti~erecf. Any person, including Trustor, Trustee
or Beneficiary as hereinafter defined, may purchase at such sale.
A~er deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connectio~
wKh 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 hereofl all other sums then secured hereby; and th
remainder, ff any, to the I~erson or persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrumer
in Writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, execute
by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county, or counties where sai
property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, witho~
conveyance from the Trustee predecessor, succeed to ail its title, estate, rightS, powers and duties. Said instrument mu.'
contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorde
and the name and address of the new Trustee.
(8) That this Deed applies to, inures to the benefit Of, and binds all parties hereto, their heirs, legatees, devi~ee:
administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgee'.
of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires,
masculine derider includes the feminine and/or neuter, ' and the singular number includes the plural.
(9) That Trustee accepts this Trust when this Deed, duly executed and acknow edged, is made a public record
provided by law. Trustee is not obligated to notify any party hereto of pending sale under .any other Deed of Trust or of ar
action or proceeding in which Trusto.r! Beneficiary or Trustee shall be a party unless brought by Trustee.
.-'~-" The undersigned Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed '
him at his address hereinbefore set forth.
Signature of Trustor
Signature of Trustor
. ·
STA'I~- OF CAUFORNIA }ss.
COUN'rY OF }
On
, before me,
personally appeared
personally known to me (or proved to me on the basis of sa£isfactory evidence) to be the person(s) whose name(s) is/are subscribed
the within instrument and acknowledged to me that he/she/they executed the s2-_me in his/her/their au{horized capacity(les), and that
his/her/their signature(s) on the instrument the person(s) or the entity, upon behalf of which the person(s) acted, executed the instrume
WITNESS my hand and official seal.
Signature
(qi-his area for c~cial not~rial seal)
· ~
RIDER ATTACHED TO AND MADE A PART OF
DEED OF TRUST WITH ASSIGNMENT OF RENTS
i. Due on Transfer. If Trustor shall sell, convey or alienate the real prope,~. ("ProperlT")
encumbered by this Deed of Trust, or any part thereof, or any interest therein, or shall be divested of its
title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the wriAen
consent of Beneficiary being first had and obtained, which consent may be withheld for any reason
whatsoever, then the entire unpaid principal balance and all unpaid accrued interest under the note shall
at once become due and payable in full, without nodce, at the option of the holder of the note, and
Beneficiary shall have all rights available to it under the note and this Deed of Trust, and as otherwise
provided by law, including but not limited to the dght to foreclose under this Deed of Trust. Failure to
exercise such option shall not constitute a waiver of the right to exercise it in the event of any subsequent
transfer.
2. , Acceleration Clause. If a default occurs (a) under any provision of the note or this Deed
of Trust. or (b) ~nder any provision of the Covenants and Agreement (Rental Housing Rehabilitation
Program, Loan Program II) between Obligor and Agency, of even date herewith and being recorded
concurrently herewith, then the entire unpaid, principal balance under the note shall at once become due
and payable in full, without notice, at the option of the holder of the note, and Beneficiary shall have all
rights available to it under the note and thiS Deed of Trust, and as otherwise provided by law, including but
not limited to the right to foreclose under this Deed of Trust. Failure to exercise such option shall not
constitute a waiver of the dght to exercise it in the event of any subsequent default.
3. Conflicts. To the extent of any conflict between the provisions of this dder and the
provisions of the foregoing deed of trust to which this dder is attached, the provisions of this dder shall
control.
Trustor:
Dated: ,199_
Dated: ~ 199_
1101 .-00001
28654_I
CERTIFICATE OF ACCEPTANCE OF DEED OF TRUST
(Tus~n Community Redevelopment Agency)
This is to certify that the interest in real properly conveyed by the deed of trust dated
as trustor, to the TUSTIN COMMUNITY
.., 199__ from .,
REDEVELOPMENT AGENCY, a governmental agency, as beneficiary ("grahtee"), is hereby accepted by
the undersigned officer on behalf of the TUSTIN COMMUNITY REDEVELOPMENT AGENCY pursuant to
authority conferred by Resolution No. 95-3 of the Tustin Community Redevelopment Agency adopted on
April 3, 1995, and the grantee consents to recordation thereof by its duly authorized offiCer.
Dated: ,199_
TUSTIN COMMUNITY REDEVELOPMENT AGENCY,
a California community redevelopment agency
By:
'Title: [Executive Director or Recording Secretary]
1101.430001
28654_1
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(6) That uoon default by Trustor in paymen[ of any inoeOteEness securec hereCv or in oe,,fformance of any a~reemen:
hereunder, Beneficiary may declare all sums secured hereby imme':iately due anc payable i~y delivery, to Trustee of writ'ten
declaration of default and demand for sale and of writ'ten notice of default anc of election to cause to be sold said property,
which notice Trustee snail cause to be filed for record. Beneficiam; also shall deocsit with Trustee this Deed, said note and all
documents evidencing expenditures secured hereby.
After the lapse of ~ucn 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 Trustor, 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 in lawful money of the Unite-g 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 preceding postponement. Trustee shall deliver to
such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals
in sudh deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, 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 Iberson or persons legally entitled thereto.
· .. (7) ,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 toany 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
coHveyance from the Trustee predecessor, succeed to all its title, estate, rigl~ts, powers and duties. Said instrument must
contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded
and the name and address of the new Trustee.
(8) That this Deed applies to, inures to the benefit of, and binds 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.
(9) That Trust.e~ accepts this Tru.~t when this Deed, duly ex_e. cuted anc acknowledged, ~s made 2, public record as
provided by law. Trus,ee is not obligate~, to notify anv party her'e:o o, pending sate under any o~ner Deed of Trust or of anv
action or proceeding in which Trustor, Beneficiary or Trustee shall be a party, unless br~)ught by Trustee.
·
".:'-- The undersigned Trustor reauests that ~ copy of any notice of default and of any notice of sale hereunder be mailed to
him at his address hereinbefore se,: forth.
Signature of Trustor
Signature of Trustor
}
STAT'~ OF CALIFORNIA }ss.
COUNTY OF }
On
, before me,
personally agoeared
· .
personally known to me (or proved to me on the basis of sa*Jsfactory evidence) to be the person(s) whose name(s) is/are subscribed t:
the within instrument and acknowledeed to me that he/she/they executed the same i~ his/her~their au;horizec capac;,ty(ies), and that b',:
his/her/their signature(s) on the instrument the person(s) or the entit'/uoon behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal.
Signa[ure
for o~ci21 ¢o:~:i8; sea!l