HomeMy WebLinkAboutDeed 2005-12-15 (McIntyre)
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RECORDING REQUESTED BY
First American Title Company
1111111111111111111111111111111111111111111111
San Francisco Assessor-Recorder
Phil Ting~Assessor-Recorder
DOC- ~005-1090551-00
Acct 3-FIRST AMERICAN Title Company
Thuraday, DEe 15, 2115 18:11:11
Ttl Pd $.37.00 Nbr-0002898682
REEL J037 IMAGE 0069
Ded/ER/2-8
AND WHEN RECORDED MAIL TO:
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Space Above This Line for Recorder's Use Only
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A.P.N.: lot 176jBlk 3775 File No.: 2102-2162622 (lM)
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DEED OF TRUST AND ASSIGNMENT OF RENTS
(Short Form)
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THIS DEED OF TRUST, made this DECEMBER 13, 2005, between
TRUSTOR: Alexander D. McIntyre, a single man
whose address is 181 South Park Street #5, San Francisco, CA 94107,
TRUSTEE: First American Title Company, a California corporation
and BENEFICIARY: Town of Tiburon
Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH
POWER OF SALE, that property in the City of San Francisco, San Francisco County, State of California,
described as:
See Legal Description attached hereto as Exhibit "A" and made a part hereof.
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 by reference, to collect and apply such rents, issues and profits.
FOR THE PURPOSE OF SECURING: 1. Performance of each agreement of Trustor, 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
$610,000.00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record Owner of said property
hereafter may borrow from Beneficiary, when evidenced by another Note (or Notes) reciting it is so secured.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: By the execution and delwery 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 on October 18, 1961,
and in all other counties on October 23, 1961, in the book and page of the Official Records in the office of the county recorder of the county where said
property is located, noted below and opposite the name of such county, viz:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
Alameda 1128 556 Imperial 1189 701 Merced 1660 753 San Benito 300 405 Siskiyou 506 762
Alpine 3 130-31 Inyo 165 672 Modoc 191 93 San Bernadino 6213 768 Solano 1287 621
Amador 133 438 Kern 3756 690 Mono 69 302 San Francisco A-804 596 Sonoma 2067 427
Butte 1330 513 Kings 858 713 Monterey 357 239 San Joaquin 2855 283 Stanislaus 1970 56
Calaveras 185 338 Lake 437 110 Napa 704 742 San Luis Obispo 1311 137 Sutter 655 585
Colusa 323 391 Lassen 192 367 Nevada 363 94 San Mateo 4778 175 Tehama 457 183
Contra Costa 4684 1 Los Angeles T-3878874 Orange 7182 18 Santa Barbara 2065 881 Trinity 108 595
Del Norte 101 549 Madera 911 136 Placer 1028 379 Santa Clara 6626 664 Tulare 2530 108
EI Dorado 704 635 Marin 1849 122 Plumas 166 1307 Santa Cruz 1638 607 Tuolumne 177 160
Fresno 5052 623 Mariposa 90 453 Riverside 3778 347 Shasta 800 633 Venutra 2607 237
Glenn 469 76 Mendocino 667 99 Sacramento 5039 124 Sierra 38 187 Yolo 769 16
Humboldt 801 83 San Diego SERIES 5 Book 1964, Page 149774 Yuba 398 693
Page 1 of 6
A.P.N. lot 176/Blk 3775
Deed of Trust
and Assignment of Rents (Short Form) - continued
December 13, 2005
File No.: 2102-2162622 (lM)
(which provisions, identical in all counties, are printed below) hereby are adopted and incorporated herein and made a part hereof as fully as though
set forth herein at length; that he 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.
In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale be mailed
to Trustor at Trustor's address hereinbefore set forth, or if none shown, to Trustor at property address.
NOTICE: A COpy OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN
THIS RECORDED REQUEST. IF YOUR ADDRESS CHANGES, A NEW REQUEST MUST BE RECORDED.
If the Trustor/Grantor shall sell, conveyor alienate said property, or any part thereof, or any interest therein, or
shall be divested of his title or any interest therein in any manner or way, whether voluntarily or involuntarily,
without the written consent of the Beneficiary being first had and obtained, Beneficiary shall have the right, at its
option, except as prohibited by law, to declare any indebtedness or obligations secured hereby, irrespective of the
maturity date specified in any ~~~idencing the same, immediately due and payable.
Dated: ~JJ>>JW I> ('illL>
Signature f
Alexand r
Page 2 of 6
A.P.N. lot 176/Blk 3775
Deed of Trust
and Assignment of Rents (Short Form) - continued
December 13, 2005
File No.: 2102-2162622 (lM)
STATE OF
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COUNTY OF ~ }
On ~\ 13..1 CC) before qte, " j{)./ C-Q L /'f! ~J\ ,Notary
Public, personally appeared 4..t l >G tc\)Y:i( ( ~) ., ( .Q ,
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 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.
My Commissio Expires: I:;) - I L- (r~;L:.
Notary Name: 1; \ j ~l \ 41 ~ (\
Notary Registration N mber: I :j=j rr:<, LJ 1
This area for official notarial seal
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Notary Phone: . /V ~ j/ / f
County of Principal Place of Business:
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Page 3 of 6
A.P.N. Lot 176/Blk 3775
Deed of Trust
and Assignment of Rents (Short Form) - continued
December 13, 2005
File No.: 2102-2162622 (LM)
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, TRUSTOR AGREES:
(1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good
and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed
and materials furnished therefore; 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 indebtedness secured hereby and in such order as Beneficiary may determine, or at
option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive
any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding 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 attorneys' 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 Trustor 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 Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such
extent as either may deem necessary to protect the security hereof, BenefiCiary or Trustee being authorized to enter upon 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 rate called for
in the note secured hereby, or at the amount allowed by law at date of expenditure, whichever is greater, 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 this same manner and with the same effect as above provided
for disposition of proceeds of fire 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 therefore and without notice, upon written request of Beneficiary and presentation of this
Deed of Trust 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 of Trust 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 is 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 of Trust (unless directed in such request to retain them.)
(10) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these
Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any
indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and
payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and
without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said 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 attorneys' 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 pursuant to such notice.
(11) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may
declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written
notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit
with Trustee this Deed of Trust, said Note(s) and all documents evidencing expenditures secured hereby.
Page 4 of 6
A.P.N. Lot 176/Blk 3775
Deed of Trust
and Assignment of Rents (Short Form) - continued
December 13, 2005
File No.: 2102-2162622 (LM)
DO NOT RECORD (continued)
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 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 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 preceding postponement. Trustee shall deliver to
such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of 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 persons 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,
must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed of Trust is recorded and the name
and address of the new Trustee.
(13) That this Deed of Trust applies to, insures 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 of Trust, whenever the context so required, 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 of Trust, 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 Trustor,
Beneficiary or Trustee shall be party unless brought by Trustee.
Page 5 of 6
A.P.N. Lot 176/Blk 3775
Deed of Trust
and Assignment of Rents (Short Form) - continued
December 13, 2005
File No.: 2102-2162622 (LM)
-----------------------------------------------------------[)() f'J()lr FtEc:()Ft[)----------------------------------------------------------
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid.
To: First American Title Company, a California corporation, Trustee
[)ated:
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 said Deed of Trust, to
reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same.
Mail Reconveyance to:
By
By
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures.
Both must be delivered to the Trustee for cancellation before reconveyance will be made.
Short Form
DEED OF TRUST First American Title Company
WITH POWER OF SALE
INDIVIDUAL
Page 6 of 6
Order No.: 2818469c
Reference No.: MCINTYRE
Escrow Officer: Mcdonald, Leslie
Escrow Number: 2162622
Exhibit "A"
DESCRIPTION
All that certain land situated in the State of California, County of SAN FRANCISCO, City of SAN
FRANCISCO, described as follows:
PARCEL A:
CONDOMINIUM UNIT NO.5, LOT NO. 176, AS SHOWN UPON THE CONDOMINIUM MAP AND
DIAGRAMMATIC FLOOR PLAN ENTITLED "MAP OF 181 SOUTH PARK, A MIXED USE CONDOMINIUM
PROJECTII WHICH WAS FILED FOR RECORD ON AUGUST 22, 2002, IN CONDOMINIUM MAP BOOK
75, AT PAGES 166 TO 173, INCLUSIVE, IN THE OFFICE OF THE RECORDER OF THE CITY AND
COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA (REFERRED TO HEREIN AS liTHE MAP"), AND
AS FURTHER DEFINED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
181 SOUTH PARK CONDOMINIUM ASSOCIATION, A MIXED USE CONDOMINIUM PROJECT
RECORDED ON SEPTEMBER 24, 2002, INSTRUMENT NO. 2002-H250361-00, OFFICIAL RECORDS OF
THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA (REFERRED TO HEREIN AS
liTHE DECLARATIONII).
EXCEPTING THEREFROM, ANY PORTION OF THE COMMON AREA LYING WITHIN SAID UNIT.
ALSO EXCEPTING THEREFROM:
(A) EASEMENTS THROUGH SAID UNIT, APPURTENANT TO THE COMMON AREA AND ALL OTHER
UNITS, FOR SUPPORT AND REPAIR OF THE COMMON AREA AND ALL OTHER UNITS.
(8) EASEMENTS, APPURTENANT TO THE COMMON AREA FOR ENCROACHMENT UPON THE AIR
SPACE OF THE UNIT BY THESE PORTIONS OF THE COMMON AREA LOCATED WITHIN THE UNIT.
PARCEL B:
AN UNDIVIDED 5.6670/0 INTEREST IN AND TO THE COMMON AREA AS SHOWN ON THE MAP AND
DEFINED IN THE DECLARATION, EXCEPTING THEREFROM THE FOL.LOWING:
(A) EXCLUSIVE EASEMENTS, OTHER THAT THOSE SHOWN IN PARCEL "CII HEREIN, AS SliOWN ON
THE MAP AND EXCEPTING BY GRANTOR TO UNITS FOR USE AS DEFINED IN THE DECLARATION;
AND
(B) NON-EXCLUSIVE EASEMENTS APPURTENANT TO ALL UNITS FOR INGRESS AND EGRESS,
SUPPORT, REPAIR AND MAINTENANCE. .
PARCEL C:
THE FOLLOWING EASEMENTS APPURTENANT TO PARCEL A ABOVE AS SET FORTH AND DEFINED IN
THE DECLARATION:
(A) THE EXCLUSIVE EASEMENT TO USE THE DECK AREA(S) DESIGNATED AS D-5A AN THE MAP.
Order No.: 2818469c
Reference No.: MCINTYRE
Escrow Officer: Mcdonald, Leslie
Escrow Number: 2162622
PARCEL D:
A NON-EXCLUSIVE EASEMENT APPURTENANT TO PARCEL A ABOVE FOR SUPPORT, REPAIR AND
MAINTENANCE, AND FOR INGRESS AND EGRESS THROUGH THE COMMON AREA IN ACCORDANCE
WITH CALIFORNIA CIVIL CODE SECTION 1361(A).
PARCEL E:
ENCROACHMENT EASEMENTS APPURTENANT TO THE UNIT IN ACCORDANCE WITH THE
PROVISIONS OF THE DECLARATION.
APN No: LOT 176 BLOCK 3775