Laserfiche WebLink
201503758 <br />5.02 Defense and Notice of Claims and Actions. At Trustor's sole expense, Trustor shall protect, <br />preserve and defend the Property and title to and right of possession of the Property, and the security of this deed <br />of trust and the rights and powers of Trustee and Beneficiary created under it, against all adverse claims. Trustor <br />must give Trustee and Beneficiary prompt notice in writing if any claim is asserted which does or could affect any <br />of these matters, or if any action or proceeding is commenced which alleges or relates to any such claim. <br />5.03 Liens. Charges and Encumbrances. Trustor shall immediately discharge any lien, charge or <br />encumbrance on the Property other than Permitted Exceptions, to which Beneficiary has not consented in writing. <br />Trustor must pay when due all claims for labor performed and material furnished to the Property and all other <br />obligations secured by or reducible to a lien, charge or encumbrance which now does or later may encumber or <br />appear to encumber all or part of the Property or any interest in it, whether the lien, charge or encumbrance is or <br />would be senior or subordinate to this deed of trust. <br />ARTICLE 6 - REPRESENTATIONS <br />6.01 Representations. Trustor represents to Beneficiary that: <br />(1) the Property does not represent the proceeds of unlawful activity under any state, federal or foreign law; <br />(2) the Property includes all property and rights which may be reasonably necessary or desirable to enable <br />Trustor to use, enjoy and operate the Land, the Improvements, the Water Rights and the Equipment for <br />the present uses thereof; <br />(3) the Property is taxed and billed separately from real property not subject to this deed of trust; <br />(4) none of the Land or Improvements is subject to any Lien, offset or claim except any easements, <br />restrictions, and Liens for taxes and assessments on the Land and Improvements, if any, which are not yet <br />due and payable, which are expressly listed on a schedule of exceptions to coverage in the final <br />commitment for title insurance or pro forma policy of title insurance received by Beneficiary prior to the <br />Closing; <br />Trustor owns the Personalty free and clear of any security interests, reservations of title or conditional <br />sales contracts, and there is no presently valid financing statement affecting the Personalty on file in any <br />public office except as disclosed in writing to Beneficiary prior to the Closing; <br />(6) Trustor has title to, or (in the case of leased property) valid leasehold interests in, all of their properties <br />and assets, real and personal, including the properties and assets and leasehold interests reflected in the <br />Financial Information (other than any properties or assets disposed of in the ordinary course of business); <br />(7) the legal name of Trustor is as appears in this deed of trust; <br />(8) Trustor has not used any trade name, assumed name or other name except Trustor's name stated in this <br />deed of trust; <br />(9) each Trustor who is a natural Person resides at the address adjacent to his or her signature below; <br />(10) if Trustor is anything other than a natural Person, it has complied with all Applicable Laws concerning its <br />organization, existence and the transaction of its business, and is in existence and good standing in its <br />state of organization and each state in which it conducts its business; <br />(11) the execution, delivery and performance by Trustor of this deed of trust is within the powers and <br />authority of Trustor and has been duly authorized; <br />(12) to Trustor's knowledge, this deed of trust does not conflict with any Applicable Law; <br />(5) <br />Willoughby <br />Deed of Trust, Assignment of Rents, Security Agreement, and Fixture Filing <br />Loan no. 197694 <br />6 <br />Rev. 1.7.2015 <br />