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2024/01/19 Agreement Deed of Trust, Assignment of Rents and Secuirty Agreement, Permanent Local Housing Allocation (PLHA) First Time Homebuyer Down Payment Assistance (City Program), APN 335-383-009-qLze TNT%-C- ' -rvun ( I )`k RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: DOC # 2024-0018623 01/19/2024 04:24 PM Fees: $63.00 Page 1 of 8 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder 'This document was electronically submitted Cit of Menifee to the County of Riverside for recording — City Receipted by: KAREN #277 29844 Haun Road Menifee, CA 92586 Attn: City Manager V [Space above line for Recorder's Use] DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT Permanent Local Housing Allocation (PLHA) First Time Homebuyer Down Payment Assistance Program (City Program) APN(s): 335-383-009 This Deed of Trust, Assignment of Rents and Security Agreement is made this 1 lth day of January 2024, ("City Deed of Trust") by Shamika Rodriguez. a single woman herein called Trustor, whose address is 27603 Genevieve Drive, Menifee, California, in favor of Ticor Title Insurance Company, as Trustee, for the benefit of the CITY OF MENIFEE, a California municipal corporation, herein called Beneficiary. Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that certain real property in Riverside County, California, located at 27603 Genevieve Drive in the City of Menifee and legally described in Exhibit A attached hereto and incorporated herein by this reference, together with all improvements and fixtures thereon and all goods and other personal property owned by Trustor and located thereon (collectively, the "Property"). TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and supply such rents, issues and profits. For the Purpose of Securing: Performance of each agreement of Trustor herein contained. 2. -Payment of the indebtedness evidenced by a promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of One Hundred Thousand Dollars $100,000 ("Note")'executed by Trustor in favor of Beneficiary or order evidencing a loan to Trustor made by Beneficiary 0- City Loan"). 3. The obligations of the Trustor, and its successors -in -interest to the Property, under that certain Affordable Housing Loan Agreement dated of even date herewith (the "Loat► Agreement"), by and between Trustor and Beneficiary. Rodriguez Menifee Deed of Trust Exempt from fee per GC 27388.1(a)(2); recorded Concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax. 11be T 1—q-I y RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Menifee 29844 Haun Road Menifee, CA 92586 Attn: City Manager [Space above line for Recorder's Use] DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT Permanent Local Housing Allocation (PLHA) First Time Homebuyer Down Payment Assistance Program (City Program) APN(s): 335-383-009 This Deed of Trust, Assignment of Rents and Security Agreement is made this I Ith day of January 2024, ("City Deed of Trust") by Shamika Rodriguez. a single woman herein called Trustor, whose address is 27603 Genevieve Drive, Menifee, California, in favor of Ticor Title Insurance Company, as Trustee, for the benefit of the CITY OF MENIFEE, a California municipal corporation, herein called Beneficiary. Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that certain real property in Riverside County, California, located at 27603 Genevieve Drive in the City of Menifee and legally described in Exhibit A attached hereto and incorporated herein by this reference, together with all improvements and fixtures thereon and all goods and other personal property owned by Trustor and located thereon (collectively, the "Property"). TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and supply such rents, issues and profits. For the Purpose of Securing: Performance of each agreement of Trustor herein contained. 2. Payment of the indebtedness evidenced by a promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of One Hundred Thousand Dollars $100,000 ("Note") executed by Trustor in favor of Beneficiary or order evidencing a loan to Trustor made by Beneficiary (`City Loan"). 3. The obligations of the Trustor, and its successors -in -interest to the Property, under that certain Affordable Housing Loan Agreement dated of even date herewith (the "Loan Agreement"), by and between Trustor and Beneficiary. Rodriguez Menifee Deed of Trust Exempt from fee per GC 27388.1(a)(2); recorded concurrently "in connection with" a transfer subject to the imposition of documentary transfer tax. 4. The obligations of the Trustor, and its successors -in -interest to the Property, under that certain Agreement Containing Covenants Affecting Real Property (With Use and Occupancy Covenants) dated of even date herewith (the "Declaration"), by and between Trustor and Beneficiary, and recorded concurrently herewith. The Loan Agreement, this City Deed of Trust, the Note, the Declaration and any other documents entered into by the parties in connection with the City Loan shall collectively be referred to herein as the "City Loan Documents." Capitalized terms not defined herein shall have the meaning set forth in the City Loan Documents. To Protect the Security of This City Deed of Trust, Trustor Agrees: (i) 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 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 thereof; 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; and to 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 or cause to provide, maintain and deliver to Beneficiary property insurance satisfactory to and with loss payable to Beneficiary and any superior trust deed holder, as their interests may appear. The amount collected under any property 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 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 attorney'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 City Deed of Trust. (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: (a) 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; (b) appear in and defend any action or proceeding purporting to affect the security hereof or the rights or Rodriguez Menifee Deed of Trust -2- powers of Beneficiary or Trustee; (c) pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and (d) 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 (and to any superior trust deed holder, as their interests may appear) 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 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 City 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: (a) reconvey any part of said Property; (b) consent to the making of any map or plat thereof, (c) join in granting any easement thereon; or (d) 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 all obligations secured hereby performed, and upon surrender of this City 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. Repayment of the Note shall not terminate the obligations of Trustor secured hereby under the Declaration, and this City Deed of Trust shall not be reconveyed until such obligations have been performed thereunder. 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 City Deed of Trust (unless directed in such request to retain them). (10) That as additional security, subject to the rights of superior trust deed holders, as their interests may appear, 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, Rodriguez Menifee Deed of Trust -3- 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 attorney'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 Trustor in payment of any indebtedness secured hereby, or in performance of any agreement hereunder, or default by Trustor under the Declaration or Loan Agreement, 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 election to cause to be sold said Property, which notice Trustee shall cause to be filed for 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 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 highest bidder 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 Trustor, Trustee, or Beneficiary may purchase the Property 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 Trustor, Trustee and Beneficiary hereunder, the book and page where this City Deed of Trust is recorded and the name and address of the new Trustee. Rodriguez Menifee Deed of Trust -4- (13) That this City Deed of Trust 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 include the owner and holder, including pledges, of the note secured hereby, whether or not named as Beneficiary herein. In this City Deed of Trust, 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 City 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 City Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. (15) If the Trustor shall sell, lease, transfer, assign, convey, encumber, mortgage, hypothecate or alienate the real Property described herein, or any part thereof, or any interest therein, or shall be divested of title or any interest therein in any manner or way, whether voluntarily or involuntarily (except as permitted pursuant to the terms and conditions set forth in the Declaration and Loan Agreement), or if Trustor shall fail to make any payments due under the note secured by this City Deed of Trust, or fail to perform any other obligation under said Declaration and Loan Agreement, this City Deed of Trust or the note secured hereby, or any other deed of trust encumbering the subject Property, then Beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable. (16) Notwithstanding anything provided herein to the contrary, the Beneficiary agrees to look solely to the Trustor's interest in the Property encumbered hereby and improvements thereon (or the proceeds thereof) for the satisfaction of any remedy of the Beneficiary, and for the collection of a judgment (or other judicial process) requiring the payment of money by the Trustor, except where such judgment results from a claim of fraud; intentional misrepresentation; misapplication; misappropriation; or wrongful retention of rental income; casualty insurance; condemnation proceeds; or other funds attributable to the Property; the commission of any act of deliberate waste with respect to the Property encumbered hereby; or the deposit of any hazardous or toxic materials on the Property encumbered hereby; in which events there shall be no such limitation on the Beneficiary's recourse against the Trustor. (17) Any breach or default under the Declaration or Loan Agreement shall be deemed a breach of this City Deed of Trust. (18) This City Deed of Trust is also intended to be and shall constitute both a Security Agreement and a "fixture filing" as defined in the California Commercial Code, the Trustor being the Debtor and the Beneficiary being the Secured Party. Trustor hereby grants Beneficiary a security interest in all fixtures, and in all goods which are or are to become fixtures on the Land, for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter secured by this City Deed of Trust. The products of such collateral are also covered hereby. This City Deed of Trust, as a fixture filing, is to be recorded in the real estate records covering the real property covered hereby. Trustor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and continuation statements covering such property from Rodriguez Menifee Deed of Trust -5- time to time in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to such property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. Trustor shall not create or allow the creation of any other security interest in such property. Upon the occurrence of any default by Trustor hereunder, Beneficiary shall have the rights and remedies of a secured party under the California Commercial Code, as well as all other rights and remedies available at law or in equity or as provided herein, all at Beneficiary's option. Trustor and Beneficiary agree that the filing of a financing statement in the records normally having to do with personal property shall never be construed as in any way derogating from or impairing this declaration and the hereby stated intention of the parties hereto that everything used in connection with the operation or occupancy of such property or the production of income therefrom is and, at all times and for all purposes and in all proceedings, both legal and equitable, shall be regarded as real property encumbered by this City Deed of Trust and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements, (b) serial numbers are used for the better identification of certain equipment, or (c) any such item is referred to or reflected in any such financing statement so filed at any time. Such mention in the financing statement is declared to be for the protection of the Beneficiary in the event any court or judge shall at any time hold that notice of Beneficiary's priority of interest must be filed in the Uniform Commercial Code records to be effective against a particular class of persons, including, but not limited to, the federal government and any subdivisions or entities of the federal government. Outstanding amounts under the City Loan are due and payable in full upon the sale or Transfer of the Property prior to the expiration of the Affordability Period, except for a Permitted Transfer. This City Deed of Trust shall be recorded as a second priority lien against the Property in the official records of the County of Riverside. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to him at his address hereinbefore set forth. Z_- Print Name: Shamika Rodriguez Rodriguez Menifee Deed of Trust -6- A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of D-&YdlI & 00-ahydlr 17, 2,01 , before me, L 8A , insert name Addile of the officer) Notary Public, personally appeared i.l e. L , who proved to me on the basis of satisfactory evidence to be the person whose name(si bare subscribed to the within instrument and acknowledged to� that hqhey executed the same in hi er/ eir authorized capacityWs), and that by hi er eir signatureS4 on the instrument the persons), or the entity upon behalf of which the personls) 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 4 (Seal) » o.:»......LISA P4GU 'ENMEU ....: 7 CQi11 , wr a 3 9 417 5j a ' i' California Notary Pub14 Gomrn Exa Feb. 16, 2026: ............................... ....... ». Rodriguez Menifee Deed of Trust EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Real property in the City of Menifee, County of Riverside, State of California, described as follows: LOT 35 OF TRACT NO. 18041-1, IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 128 PAGES 35 THROUGH 38, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA, AND AMENDED BY A CERTIFICATE OF CORRECTION RECORDED JULY 1, 1991 AS INSTRUMENT NUMBER 1991-222655, OF OFFICAL RECORDS. EXCEPTING THEREFROM A % INTEREST IN ALL OIL AND MINERAL RIGHTS LOCATED ON SAID PROPERTY, WITH THE RIGHT OF ENTRY OF SAID PREMISES FOR MINING AND REMOVING SAME, AS RESERVED IN DEED FROM ALICE 0. HANSEN AND A.A. HANSEN, RECORDED NOVEMBER 4, 1920 IN BOOK 537, PAGE 292, OF DEEDS, RECORDS OF SAID COUNTY, CALIFORNIA. ALSO EXCEPTING 50% OF ALL OIL, GAS AND MINERAL, URANIUM AND OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND, AS RESERVED BY RANCH DEVELOPMENT CORPORATION, A CORPORATION, IN DEED RECORDED FEBRUARY 9, 1956 AS INSTRUMENT NUMBER 1956-9394, OF OFFICIAL RECORDS OF SAID COUNTY, CALIFORNIA. APN: 335-383-009 Rodriguez Menifee Deed of Trust EXHIBIT "A"