|
RECORDING REQUESTED BY
<br /> Order No. Escrow No. 0105 - 599328 -017 (SA)
<br /> AND WHEN RECORDED MAII. TO
<br /> Name City of Pleasanton
<br /> Street City Clerk's Office
<br /> Address 123 Main St.
<br /> City & Pleasanton, CA 94566
<br /> State
<br /> SPACE ABOVE THIS LINE FOR RECORDER'S USE
<br /> SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
<br /> (INDIVIDUAL)
<br /> (DUE ON SALE CLAUSE)
<br /> A.P.N. (not vet available)
<br /> This Deed of Trust, made this 28 day of December, 2007, between Mark B. Miller, herein called Trustor, whose address is
<br /> 248 Birch Creek Terrace, Pleasanton, California 94566 (number and street, city, state, zip), First American Title Company, a
<br /> California corporation, herein called Trustee, and the City of Pleasanton, herein called Beneficiary,
<br /> Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH
<br /> POWER OF SALE, that property in Alameda County, California, described as:
<br /> A CONDOMINIUM COMPRISED OF:
<br /> PARCEL ONE:
<br /> An undivided fee simple interest as a tenant in common of the common area equal to the reciprocal of the number of
<br /> residential units located within the building envelope in which the residential unit is situated and which is located within Lot 1,
<br /> as shown on that ccrtain map entitled "Parcel Map No. 9328 ", which map was filed in the office of the Recorder of the County
<br /> of Alameda, State of California on September 20, 2007, in Book 302 of Parcel Maps, Page 3, and as shown on the
<br /> Condominium Plan recorded November 1, 2007, as Instrument No. 2007-382111 of Official Records ( "Condominium Plan ")
<br /> and defined in the Declaration of Covenants, Conditions and Restrictions of Birch Terrace recorded November 1, 2007, as
<br /> Instrument No. 2007 - 382110 of Official Records together with any amendments, modifications, or annexations thereto, as may
<br /> occur from time to time ( "Declaration ").
<br /> EXCEPTING THEREFROM:
<br /> Certain easements for the purposes described in the Declaration and the map of record referenced above, and such other
<br /> easements as may be of record as of the date hereof.
<br /> PARCEL TWO:
<br /> Residential Unit 17, as shown on the Condominium Plan and defined in the Declaration.
<br /> PARCEL THREE:
<br /> An exclusive easement over the portion of the common area and /or association property (as defined in the Declaration)
<br /> designated as being appurtenant to Residential Unit 17 in the Condominium Plan.
<br /> If the trustor shall sell, convey or alienate said property, or any part thereof, or any interest therein, or shall be divested
<br /> of his title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the written consent
<br /> of the beneficiary being first had and obtained, beneficiary, shall have the right, at its option, except as prohibited by law,
<br /> to declare an indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note
<br /> evidencing the same, immediately due and payable. Consent to one such transaction shall not be deemed to be a waiver of
<br /> the right to require such consent to future successive transactions.
<br /> TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and
<br /> conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents,
<br /> issues and profits.
<br /> For the Purpose of Securing: L Performance of each agreement of Trustor incorporated by reference or contained herein. 2.
<br /> Payment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in
<br /> the principal sum of $ 20.500.00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the
<br /> then record owner of said property hereafter may borrow from Beneficiary, when evidenced by another note (or notes) reciting it
<br /> is so secured.
<br /> T -34A (Rev 4/94) Page 1 of 2
<br />
|