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HomeMy WebLinkAboutReso 14-17 Lease Site 144-144W Deed of TrustRESOLUTION NU. 14-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IVIORRQ BAY, CALIFORNIA CONSENTING TO THE ENCUMBRANCE, WITH A DEED OF TRUST, OF THE LEASE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND MORRO BAY OYSTER COMPANY, LLC, FOR LEASE SITE 1441144W LOCATED AT 1287 EMBARCADERO ROAD, MORRO BAY. THE CITY COUNCIL City of Morro Bay, California WHEREAS, the City of Morro Bay ("City"} is the lessor of property known as Lease Site 144/144W located at 1287 Embarcadero (the "Lease Site"); and WHEREAS, Morro Bay Oyster Gompany, LLC ("MBOC") is the current lessee of the Lease Site, pursuant tQ that certain lease between City and MBOC (the "Lease"); and WHEREAS, MBOC is financing a small loan for its continued operating expenses ")• and the ancing WHEREAS, MBOC's lender, Cihan Corporation, is requesting approval of a subordinate deed of trust to secure the Financing using the Lease as security; and trust. Bay, again WHEREAS, the City Attorney has reviewed and approved the attached deed necessary, a deed of trust, substantially similar to Exhibit A, and any other document thereto necessary . of NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro California, the Deed of Trust, attached hereto as Exhibit A and to be recorded st the Lease, is hereby approved and the Mayor is hereby directed to execute, as PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 28th day of March, 2017, on the following vote: AYES: frons, Davis, Headding, Makowetski, McPherson NOES: None ABSENT: ATTEST: None ana Swanson, City Clerk O 11 S 1.0024/3 59751.1 Jamil L. Irons, Mayor 1 • J , l� American ' Company kND WHEN RECORDED . 1: !/ Corporation 0 Box • 0 Morro Bay A, 93443 Nhose address is 1287 Embarcadero, Morro Bayjr CA 93442 FRUSTEE.: First American Title Company, a California Corporation B • I'ENEFICIARY:Ci S / s •ICalifornia Corporation inder the Lease described below (the ""Lease" of the following described real property, (the "Real Property'rD aa ocated in SanObispo i'unty, State of r i r Tow ,:)ursuant to the Lease ("Future Leases' and all Rents from the Proper d Ly generated by the Lease or any Future Lease,, This is an absolute assignment of Rents generated by the Lease or any Future Lease made in connection Nith an obligati secured uy real property pursuant to California Civil Code Section 2938 0 To keep said property in good condition and repair, not to remove or clemolisn any i aing 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 commi suffer or permit any act upon said p perty n 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 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., r rights or powers of Beneficiary or Trustees and to pay all costs and expenses, inc I luding cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in I which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this ee 10 40 W ap 11111111111111111irli 11 Ak ithout releasing Trustor from any obligation hereof, may,, make or do the same in such manner nd to such extent as either may deem necessary to protect the security hereof, Beneficiary or rustee being authorized to enter upon said property for such purposes; appear in and defend ,ny action purporting to affect the security hereof or the rights or powers of Beneficiary or rustees pay, purchase, contest or compromise any encumbrance, charge or lien which in the idgment of either appears to be prior or superior hereto; and, in exercising any such powers, IF ay necessary expenses, employ counsel and pay his reasonable fees,11 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 07 by law at the time when said statement is demanded. W= Any award in c such moneys recei I by hin 11 oil I %on... same mann r and with the same eftect as a ove provi e for disposition of proceeds of or other . } accepting payment oany f s secure hereby after its due date, Beneficiary does not waive his right either tt� require payment �rhen due ®f all ether su s secured er t� declare default for failure so to pay® 01181.0024/241211.2 (Continued on Page 3) 1193(1/94) Page 2 Of 6 At any time or from t me to t me, without iability therefore and witi out notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee mays, reconvey any•, of • property; c• • of any map or • # thereof; join in granting any easements thereon, or join in any extension agreement or any agreement subordinating w or f i'a hereof. upon surrender of this Deed and said note to Trustee for cancellation and retention or other dispos*tlon as Trustee in I I ion may choose 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. Th n I "the person or persons legally entitled Grantee in such reconveyance may be described as thereto". 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 aw or performance of any agreement a ww collect • i, retain such rents, issues and profits as they become due and payable, Upon any such default, Beneficiary may at any time without noticef either in personf 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 collecting of such rents, issues and profits and the application thereof as aforesaid, shall not curc or waive any default or notice of default hereunder or invalidate any act done pursuant to such • -, 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 shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and a law all documents evidencing expenaitures secured hereby. emand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, ither as a whole or in separate parcels, and in such order as It may determine, at public auction the highest bidder for case in lawful money of the United States, payable at time of sale. rustee may postpone sale of all or any portion of said property by public announcement at such ime and place of sale, and from time to time thereafter may postpone such sale by public nnouncement at the time fixed by the preceding postponement, Trustee shall deliver to such its deed conveying the property so sold, but without any covenant or warranty, press or implied. The recitals in such deed of any matters or facts shall be conclusive proof of he truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter !efined, may purchase at such sale. fter deducting all costs, fees and expenses of trustee and of this Trust, including costs of llowed by law in effect at the date hereof all other sums then secured herebya and the mainderany, to the person or persons legallyentitled ♦ i.. 7) Beneticiary, or any successor in ownersnip or any inaeofeaness itcurea ere jr, Maly rom i ,y instrument in writing, substitute a successor or t anyTrustee named herein or acting hereunder, which instrument, executed by the iary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property I# shall be conclusive proof of proper i' i of such successore or estate,Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all Its title, powers and d " Said a contain a name of the original i Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the • • # address of •new Trustee. devisees, a a Beneficiary owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary s r Deed, aa,d a s ',w r context a o requires iw, a r • gender includes the feminine and/or neuter, and the singular number includes the plural. record as provided • !w,, Trustee is notobligated to notify any party hereto w i pending ••' under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or address as #. rtt nority over this Deed of Trus be sent to Beneticiary's address, as set tortri on page one �,.a! of as provided by Section 9 ''# of I t` • Civil Code. i 1 t ., i I� * a r#! i 1- i r i •' `# t 1 ,. a • i` a xcept as prohibited # # to declare any indebtednessor obligations sa w •..hereby,irrespectiveof maturity notaryI Is 1` other officer P %ompleting this certificate verifies only the identity of the individual who signed the document to wh*ch this certificate is attached, and not the truthfulness,, accuracy, or validity of that document. :)ublic, personally appeared who proved to me on the basis of satisfactory evidence De the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ie/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) o .he instrument - person(s),or the entity uponbehalf is which the person(s)acted, executed - instrument. a and correct. REQUEST FOR FULL RECOPNIVEYANCE To be used only a rota has been paid. i • ra I No• • r• • )een 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 Deel, )f Trust,, to cancel all evidencesof indebtedness,'i by said D''i of delivered to youori' , # Deed of • seconvey,, without warranty,, to the parties designated by the terms of said Deed of Trust,, the estate now held by you under the same. I�