|
ACKNOWLEDGEMENT OF DEED OF TRUST 90 -105783
<br />TRUSTOR READ THIS BEFORE SIGNING:
<br />Trustor understands that the document that Trustor Is about to execute is a Deed of Trust and not a mortgage and that the power
<br />of sale provided for In the Dead of Trust provides substantially different rights an bligatlons to Trust r than a mortgage in the went
<br />of a default or breach of obligation under the Deed of Trust, including, but not Iled to, the Lender' right to have the Property sold
<br />by the Trustee without any judicial proceeding. Trustor represents and w rifints that this ackp wiedgement was executed by
<br />Trustor before the execution of the Deed of Trust. .
<br />1
<br />Ed in Ziett ustor aband
<br />)
<br />1
<br />/ rustor i f e
<br />TIBIA J ZISKK
<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />THIS DEED OF TRUST, Is made as of the atw day of act, -abet . 18-91. by and among
<br />the Trustor, 9droldn G . Husband and Wife, each in his own rig it
<br />and as spouse if t e at er.
<br />whose mulling address i1 aftonlra 'Trustor:' whether one or more),
<br />the trruistee, IRTNE Aatas nAlUff, A IM. COQA. -- ,
<br />t
<br />whose nulling address is L ©- 001 15 9 31t.,,.` t-aan' tom_ AAA W2 (herein "Trusteel, and
<br />We Beneficiary, !Rive Poi.otas Rata'
<br />whose mailing address Is (herein "Lender').
<br />FOR VALUABLE CONSIDERATION. including Lender's extension of credit identified herein to Fdtlin Z +slta
<br />a! g1►d. * vrer. _ th)stband & W i f rp (herein "Borrower ", whether one or more) and the trust herein created,
<br />the receipt of which Is heTeby acknowledged, Trustor hereby irrevocably grants. r- ransfers, conveys ano assigns to Trustee, IN
<br />TRUST, WITH POWER OF SX.1E. for the benefit and security of Lender, under and subject to the terms and conNations hereinafter seq
<br />fordh, the real property, described as follows:
<br />LIM EIGHT (8) IN BLOCK THIRTY -ONE (31), IN PACKER 3 BARR'S SECOND ADDITION
<br />&BRAND
<br />i
<br />TO THE CITY ISLAND. UBRASNA
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurte-
<br />nances located thereon or in anywise pertaining thereto. and the rents, issues and profits, reversions and remainders thereof, and
<br />such personal property that Is attached to the Improvements so as to constitute a fixture, incl a(h ng, but not limited to. heating and
<br />cooling equipment and together with the homestead or marital interests. If any, which Interests are hereby released and waived; all
<br />of which, including replaceme^tts and additions thereto, is hereby declared to be a Oils of the real estate secured by the lien of this
<br />Deed of Trust and all of the foregoing being referred to herein as the "Property"
<br />This Deed pi' Trust shall secure (a) the payment of the principat som and interest evidenced by a promissory note or credit
<br />agreement dated , having a maturity date of Oct. 140 i993 ,
<br />'�
<br />in the original principal amount of $ and any and all modifications, extonslons and renewals
<br />,
<br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one.) hereunder
<br />pursuant to one or more promissory notes a° credit agreements (herein called "Note "); (b) the payment of other sums advanced by
<br />Lender to protect the security of the Note, qc: !Ire performance of all covenants and agreements of Trustor set foll'i herein; and (d) all
<br />'-
<br />present and future indebtedness and obligations of Borrower (or any of them it more than one) to Lender w1helher direct, indirect,
<br />absolute or contingent and Ah-Mer arising by note, guaranty, overdraft or othervosee. The Note. this Deed of Truss and any and all
<br />;
<br />Otherdocuents that secure the Note or otherwise executed in connection therewith. Including without limitation, guatanteas. security
<br />="
<br />agreements and assignments of leases and rents, shall be referred ra lviefn as the "Loan Instruments"
<br />Trustor covenants and agrees with Lender as follows
<br />1. Pales it, of Indebtedness. All indebtedness secured hereby snarl be paid when due.
<br />... Tfffo. Trustor i; the erne► of the Property. hist the right and atj1heNty fi%% rnnvey fhp Prnpe►ty. P.r:f ..,a ►rants that the lien
<br />created hereby is a first and prior lien on the Property except for Dens and encumbrances set forth by - -,.stor In writing and
<br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of th. % Oved of Trust does not Ytolate any
<br />contract or odw obligation to which Trustor is subject
<br />3. Taxes, AeNsuneMS. To pay before delinquency all taxes, special assessments ar+d ail c.ther charges against the Property
<br />rra,rlr Iii neies1"" ivlrie(i
<br />4. Insurance, To keep the Property Insured against damage by fire. hazards included within the term e■tendea coverage ". and
<br />such other hazards as Lender may require, In amounts and with companies acceptable to Lender, naming Lender as an additional
<br />named insured, with loss payable to ate Lender In case of 1039 under Such policies. the Lender is authorized to adjust collect and
<br />compromise, all claims thereunder and shall have the option of app: yrng au or part of the insurance proceeds ii) to any indebtedness
<br />secured hereby and In such order as Lender may determine, pr) to the Trust.-jr to re used for the repair or reslol•an"In al the Property
<br />or (iii) for any other purpose or object satisfactory to lender without affecting the hen of this Deed of Trust for me full amount secured
<br />-
<br />hereby before such payment ewer, took dace Any application of proceeds to indebtedness shall not extend or postpone the due
<br />dale of any payments under the Note, or cure any default thereunder or hereunder
<br />S. Esern . Upon written demand by Lender. Trustor shall pay to Lender. In such manner as Lender may designate, sufficient
<br />sums to enable Lender topay as they become due one or more of the following (r) all taxes. assessments and other charges against
<br />the Property, (it) the premiums on the property Insurance required hereunder. and (m) the premiums on any mortgage insurance
<br />requited by lender
<br />6. Yakderunce, Repairs and Compllance with laws. Trustor shall keep the Property in good condition and repair, shall
<br />promptly repair, or replace any Improvement which may be damaged or destroyed Shan not commit or permit any waste or
<br />deterioration of the Property, shall not remove. domoflsh or substantially alter any of the mprovenlenft on the Property shall not
<br />commit sutler or permit any act to be done In or upon the Property In viwallon of any law ord ndnLe. or reguldhon ,arid shall pay and
<br />f+
<br />promptly discharge at Trustor's cost and expense all hens. encumbrances and charges levied Impose o nr n$Wfl ad against she
<br />Property or any part thereof
<br />7 Emleertl Domeln. Lender is hereby assigned all compensation. awards. darr,ages and (,the, pdy n,erdti or rc6ef (hefeWLA 1Br
<br />".Proce►rcts ") In connection with condernnahon or other taking of the Property, or part merragf ,p }o, (un�eyArl.e rh Lau Uf , on,jemna
<br />I+
<br />Non LW►dW shall be entdkW at Its option to commence appear In and prusoc .rte ,rr m i ##r, rian,r airy act•wo or plrok rvdt,ngs and
<br />shall also bo entitled to mar er any compromise or {',eftWmOrlt in Corr *,t( f.. ". Wdrr 4,rt r, t -lating or ,}prrylge 11, free event J ^r I', ^U,m r•r
<br />0 -.4, MN. Mt
<br />1
<br />
|