RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
AND MAIL TAX STATEMENTS TO:
NAME
ADDRESS
CITY
STATE & ZIP
TITLE ORDER NO.________________ESCROW OR LOAN
NO.________________APN NO. _______________________
SHORT FORM DEED OF TRUST AND
ASSIGNMENT OF RENTS (INDIVIDUAL)
This Deed of Trust, made this day of , between
, herein called Trustor,
whose address is
herein called Trustee, and
, herein called Beneficiary,
Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST,
WITH POWER OF SALE, that property in
County, California, described as:
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.
Payment of the indebtedness evidenced by one promissory note of even date herewith, and
any extension or renewal thereof, in the principal sum of
$_____________________________________ executed by Trustor in favor of Beneficiary or
order. 3. Payment of such further sums as the then record owner of said property 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 delivery of this Deed of Trust and
the
rate secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of
trust recorded October 23,
1961, in the book and at the 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 |
DATE |
BOOK |
PAGE |
COUNTY |
DATE |
BOOK |
PAGE |
| IMPERIAL |
9/10/68 |
1267 |
574 |
ORANGE |
9/6/68 |
8714 |
147 |
| SAN BERNARDINO |
9/6/98 |
7090 |
14 |
KERN |
9/6/68 |
4195 |
363 |
| SANTA BARBARA |
9/6/68 |
2244 |
922 |
VENTURA |
9/6/68 |
3363 |
84 |
| SAN LUIS OBISPO |
9/10/68 |
1489 |
429 |
LOS ANGELES |
8/28/68 |
T5910 |
842 |
| RIVERSIDE |
9/10/68 |
Account=87097 Y.1968 |
SAN DIEGO |
9/10/68 |
Series 9,1968 |
155820 |
(which provisions, identical in all
counties, are printed on the reverse hereof) 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.
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 ________________________________} SS.
On _________________ before me,___________________________
________________________________________________________, _____________________________
personally appeared _______________________________________
________________________________________________________
________________________________________________________
_____________________________
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 exe-
cuted the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the en-
tity upon behalf of which the person(s) acted, executed the instrument
WITNESS my hand and official seal.
Signature________________________________________________
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 therefor, 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 violations 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 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 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 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 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 rights 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 therefor and without 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 may reconvey any part of said property, consent to
the making of any map or plot 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 state that all sums secured hereby have been
paid, and upon surrender of this Deed 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 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 Deed
(unless directed in such request to retain them)
(10) That as additional security, Trustor hereby give 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 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 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. 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, said note and all documents evidencing expenditures
secured hereby . 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 any 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 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 Deed is recorded and the name and address of the new Trustee.
(13) That this Deed 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 mean the owner and holder, including pledgees, of the note secured
hereby whether or not named as Beneficiary herein in this Deed, 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 Deed, 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 a party unless brought by Trustee. _________________________________________________________________________
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid:
To MESA VERDE FINANCIAL, INC. dba PREFERRED TRUSTEE
SERVICES , Trustee: Dated _______________
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, and 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.
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