Laserfiche WebLink
201803582 <br />Trustor hereby warrants that Trustor holds good and marketable title in fee simple to the above described <br />Property, that Trustor has good and lawful authority to trust deed the same, that the Property is free and <br />clear of all liens and encumbrances, except those set forth in a title policy or title opinion purchased by <br />Lender and deemed acceptable by Lender, in its sole discretion, in relation to this trust deed and that <br />Trustor will warrant and defend the Property at Trustor's expense against all claimants whomsoever. <br />Trustor also hereby waives and relinquishes all rights of dower, homestead, distributive share, and <br />exemption in and to the above described Real Property. <br />It is understood and agreed between Trustor and Lender that this trust deed is given to secure the <br />repayment in full of the all Obligations, regardless of whether Trustor is liable thereon, and all future and <br />additional loans or advances, protective or otherwise, which may be made by Lender, at its option, at the <br />request of, and to or for the account of Trustor, any of the parties liable under any of the Loan Documents, <br />for any purpose, plus interest thereon, all payable according to the terms of the Loan Documents. Any <br />Obligations secured by this trust deed shall be payable when due as set forth in the Loan Documents. <br />This trust deed may secure more than one Loan Document. <br />Trustor hereby assigns, transfers, and conveys to Lender all rents, issues, income, profits, royalties, <br />bonuses, and delay moneys or other proceeds that may from time to time become due and payable under <br />any real estate lease or under any oil, gas, gravel, rock, or other mineral lease of any kind including <br />geothermal resources now existing or that may hereafter come into existence, covering the Property or <br />any part thereof. All such sums so received by Lender will be applied to the Obligations secured hereby; <br />or Lender, at its option, may turn over and deliver to Trustor(s) or their successors in interest, any or all <br />of such sums without prejudice to any of Lender's rights to take and retain future sums, and without <br />prejudice to any of its other rights under this trust deed. This assignment will be construed to be a <br />provision for the payment or reduction of the Obligations, subject to the Lender's option as hereinbefore <br />provided, independent of the trust deed on the Property. <br />This is a purchase money trust deed. <br />Trustor and each of them further covenants and agrees with, or certifies and represents to Lender <br />as follows: <br />1. To pay all liens, judgments, or other assessments against the Property, and to pay when due all <br />assessments, taxes, rents, utilities, fees, charges or encumbrances upon the Property or under any lease, <br />permit, license, or privilege assigned to Lender as additional security to this trust deed, including those in <br />or on public domain. <br />2. To insure and keep insured all buildings and other improvements, including fixtures and attachments <br />now on or hereafter placed on the Real Property to the satisfaction of Lender. Such insurance will contain <br />an endorsement showing Lender as Beneficiary. On demand, Trustor will furnish said policies or proof of <br />insurance to Lender and the insurance carrier shall be satisfactory to Lender. Trustor shall give written <br />notice to Lender immediately of any claim or loss. Any sums so received by Lender may be applied in <br />payment of any matured or unmatured Obligations secured by this trust deed, or at the option of Lender <br />may be used to pay for reconstruction of the destroyed improvements. Such insurance will be in an <br />amount at least equal to the lesser of the loan balance, the actual cash value of the Property, or the <br />replacement cost of the Property, and will at a minimum, cover losses caused by fire, lightning, explosion, <br />riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hail. Trustor will obtain and <br />keep flood insurance in force to cover losses by flood as required by Lender and by the National Flood <br />Insurance Act of 1968, as amended, and by regulations implementing the same. Trustor further agrees <br />that Lender is not and will not be liable for any failure by Trustor or by any insurer, for whatever reason, <br />to obtain and keep this insurance in force. Trustor shall give written notice to Lender immediately of any <br />cancellation, termination or material modification of any such insurance. If Trustor fails to maintain the <br />coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in <br />the Property according to the terms of this trust deed. <br />3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on <br />the Real Property occupied and in good repair, maintenance, and condition and to neither commit nor <br />App #: 5537782; CIF #: 105448; Note #: 3142615 202EA Legal Doc. Date: June 4, 2018 <br />FORM 5011, Trust Deed and Assignment of Rents Page 4 of 9 <br />