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Short Form Deed of Trust ~ ...."" RECORDING REQUESTED BY "1:,..-..::.-, __7 JACOBS & McDONALD AND WHEN RECORDED MAil TO r -, le JACOBS & McDONALD et ress P. O. BOX 458 GILROY, CA 95021-0458 .J ,& e L SPACE ABOVE THIS LINE FOR RECORDER'S USE CAT. NO. NN00618 SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS (INDIVIDUAL) TO 21939 CA (4-83) (OPEN END) Z I- <l. This Deed of Trust, made this 21st day of KENNETR E. DeBELL, Trustee of of DENNIS L. DeBELL whose address is 8505 Chu1(~b~1;1i~~~ GilI(g~) Calif&tft~ia 91Rp~O . Ticor Title Insurance Company of California, a California corporation, herein called Trustee, and the CITY OF GILROY. a Municipal Corporation , herein called Beneficiary, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in Gilroy, Santa Clara County, California, described as: July 1986 the insurance trust on the life , herein called , between Trustor, (FOR DESCRIPTION. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE). 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 Trustor incorporated by reference or contained herein. 2. Pay- ment of the indebtedness evidenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of $ 600 OO~ 00 executed by Trustor in favor of Beneficiary or order. 3. Payment of such further sums as the then record owner df sai property hereafter may bon'ow 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 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 tht 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 29 335 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 Bernardino 5567 61 Su tter 572 297 Contra Costa 3978 47 Mariposa 77 292 San Francisco A332 905 Tehama 401 289 Del Norte 78 414 Mendocino 579 530 San Joaquin 2470 311 Trinity 93 366 EI Dorado 568 456 Merced 1547 538 San Luis Obispo 1151 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, are ~rin~ed on the reverse here.of) hereby are adofcted and incorporated herein and made a part hereof as fully. as ~hough set fo~h . erelJ? at leng~h; that he w1l1 observe and per orm said provisions; and that the refe~ences to hr?per~y, oblIgations, and parties 10 said proVIsIons shall be construed to refer to the property, obligations, and parties set fort In thiS Deed of Trust. 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. STATE OF CALIFORNIA COUNTY OF SANTA CLARA .. Signature of Trustor ~~the insurance trust on the life of DENNIS L. DeBELL } ss. On July 21. 1986 before me, the undersigned, a Notary Public in and for said State, personally appeared ICEmne thE De.Bell. Trl11';tee, personally known to me ~ed-l!e"fne"'Oft .il~' tAt'" .Jsf;U:tnt)l.eNwe.n.ce. to be the person _ whose name subscribed to the within instrument a acknow ged that he executed the same. WITNESS my nd and ffici I seal. . OFFICIAL SEAL ISAlEUE PEaV NOTM"f PUlUC . CALIFORNIA SIWI'A ClMft tXIU'N1Y IIIJ COlRlft. .... 1fP 'D, 1989 Signature (This area for official notarial seal) Title Order No. Escrow or Loan No. . "'c" ,.. - ... ~ Exhibit "A" All that certain real property situate in the City of Gilroy, County of Santa Clara, State of California, described as follows: BEGINNING at an iron bolt in the westerly line of Sublot No. 7 as the same is shown on amended Map No. 4 accompanying the report of the Referees in the partition suit of Henry Miller et al vs. Massey Thomas et al in the Superior Court of the County of Santa Clara, State of California, distant thereon 220.00 feet Northerly from a pipe designated as "S.4 T" at the Southwesterly corner of said Sublot 7; thence along the Westerly line of said Sublot 7 South 26- 15' East 41.80 feet to a 3/4 inch pipe; thence North 700 17' East 301.80 feet to the original 4 x 4 post at the common corner to Sublots 6b. 7 and 8; thence along the easterly line of said Sublot No. 7 North 260 15' West 92.10 feet to a 1/2 inch pipe at the Northeasterly corner of the property of Norman Bo~nan; thence along the Northerly line of said property South 600 37' West 300.20 feet to the point of beginning. Being a portion of said Sublot No. 7.0J~P .. .. DO NOT DESTROY THIS ORIGINAL NOTE: When paid, said original note, together with the Deed of Trust securing same, must be surrendered to Trustee for cancellation and retention before reconveyance will be made. NOTE SECURED BY DEED OF TRUST (INSTALLMENT-INTEREST INCLUDED) $fiOO, 000.00 , California, July 21 In installments as herein stated, for value received, I/we, jointly and severally, promise to pay to the CITY OF GILROY, a municipal corporation, , 19--.a6 or order, at ~~~r~ ~~~~f~i~ the sum of Six IlJlnd . rill 0/100 ($600.000.00) --------------- DOLLARS with interest from July 19. 1986 . on unpaid principal at the rate of R per cent per annum; principal and interest payable in installments of Twelve th01JSand one h11"drted ~ixt:y-f;:vp- and R4/100 ($12,165.84) - ----- DOLLARS or more on the 19th. day of each and every month, beginning on the 19th day of August ,1986,andcontinuinguntil July 19, 1991 Each payment shall be credited first on interest then due and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Should default be made in payment of any installment when due the whole sum of principal and interest shall become immediately due at the option of the holder of this note. Principal and interest payable in lawful money of the United States. If action be instituted on this note l/we promise to pay such sum as the Court may fix as attorney's fees. This note is secured by DEED OF TRUST to TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, a California corporation, as Trustee. K~~~Jhr~ the insurance trust on the life of Dennis L. DeBell THIS FORM FURNISHED BY . TICOR TiTlE INSURANCE CAT NO. NN010865 TO 21930 CA 11.83) DO NOT DF~TROV THI~ NOTF