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After Recording Return To:
______________________
______________________
______________________
______________________
___________________________________________________________________________
Assessor's Parcel No.:
______________________
Space Above This Line for
Recorder's Use
SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS
This Deed of Trust is entered into on this _____ day of _________________, 20____
by and among ____________________ (Trustor Name), a ____________________
(State of Organization) ____________________ (Entity Type/An Individual) ("Trustor")
whose address is ________________________________________,
____________________ (Trustee Name) a ____________________ (State of
Organization) ____________________ (Entity Type) ("Trustee"), and
____________________ (Lender Name) a ____________________ (State of
Organization) ____________________ (Entity Type) ("Beneficiary").
WITNESSETH: That Trustor hereby irrevocably grants, transfers, and assigns to trustee
in trust, with power of sale for the benefit of the Beneficiary, all of Trustor's interest in
and to that certain property commonly known as ____________________ (Street
Address), ____________________ (City), ____________________ County, California
and described as follows (the "Property"):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
[INSERT LEGAL DESCRIPTION HERE AND/OR ATTACH EXHIBIT A]
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
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evidenced by that certain promissory note of even date herewith and any extension or
renewal thereof, in the original principal sum of ($__________________) executed by
Trustor in favor of Beneficiary or order; and (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 HEREBY
AGREES: By the execution and delivery of this Deed of Trust and the promissory note
secured hereby, that provisions (1) to (14), inclusive, of the fictitious deed of trust
recorded in Santa Barbara County and Sonoma County on October 18, 1961, and in all
other counties on 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
BOOK
COUNTY
BOOK
PAGE
COUNTY
BOOK
PAGE
COUNTY
BOOK
PAGE
Alameda
435
Kings
792
833
Placer
895
301
Sierra
29
33
5
Alpine
1
Lake
362
39
Plumas
151
5
Siskiyo
u
468
18
1
Amador
104
Lassen
171
471
Riverside
300
5
523
Solano
110
5
18
2
Butte
1145
Los
Angeles
T205
5
899
Sacrament
o
433
1
62
Sonom
a
185
1
68
9
Calavera
s
145
Madera
810
170
San Benito
271
383
Stanisla
us
171
5
45
6
Colusa
296
Marin
150
8
339
San
Bernardino
556
7
61
Sutter
572
29
7
Contra
Costa
3978
Mariposa
77
292
San
Francisco
A33
2
905
Tehama
401
28
9
Del
Norte
78
Mendoci
no
579
530
San
Joaquin
247
0
311
Trinity
93
36
6
El
Dorado
568
Merced
154
7
538
San Luis
Obispo
115
1
12
Tulare
229
4
27
5
Fresno
4626
Modoc
184
851
San Mateo
407
8
420
Tuolum
ne
135
47
Glenn
422
Mono
52
429
Santa
Barbara
187
8
860
Ventura
206
2
38
8
Humbold
t
657
Monterey
219
4
538
Santa Clara
533
6
341
Yolo
653
24
5
3
Imperial
1091
Napa
639
86
Santa Cruz
143
1
494
Yuba
334
48
6
Inyo
147
Nevada
305
320
Shasta
684
528
Kern
3427
Orange
588
9
611
San Diego Series 2 Book 1961 Page
183887
(which provisions, identical in all counties, are printed below) hereby are adopted and
incorporated herein and made a part hereof as though fully set forth herein at length;
that Trustor 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 Trustor at the address set forth above.
[SIGNATURE PAGE FOLLOWS]
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TRUSTOR:
[TRUSTOR NAME], a[n] [STATE OF
ORGANIZATION] [ENTITY TYPE]
By: ____________________________
Name: __________________________
Title: ___________________________
OR
TRUSTOR:
Name: __________________________
Personally and individually
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
)
) ss.
COUNTY OF ______________________
)
On _______________, before me, _____________________________, personally
appeared _____________________________, who 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 executed 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 entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________
Notary Public, State of California
[SEAL]
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EXHIBIT A
LEGAL DESCRIPTION
[LEGAL DESCRIPTION OF REAL PROPERTY AS SET FORTH IN THE LENDER'S
TITLE INSURANCE POLICY].]
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DO NOT RECORD THE FOLLOWING PAGES
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 Short Form Deed of
Trust and Assignment of Rents and incorporated by reference in this instrument 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 the 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 in an amount at least covering the full replacement cost of
the property transferred and assigned by this instrument. 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 reasonable fees.
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(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 gives 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
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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 herein 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) 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 pledges, of the Loan Agreement
secured hereby, whether or not named as Beneficiary herein in this Deed, whenever the
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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.
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DO NOT RECORD REQUEST FOR FULL RECONVEYANCE
To be used only when note has been paid:
Dated _______________________
To __________________________Trustee:
The undersigned is the legal owner and holder of all indebtedness secured by the within
Short Form Deed of Trust and Assignment of Rents. 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.
__________________________
LENDER NAME
SIGNATURE
By: __________________________
PRINT NAME
Its: __________________________
TITLE
___________________________________
MAIL RECONVEYANCE TO:
__________________________
Do not lose or destroy the Deed of Trust OR THE NOTE that it secures. Both must be
delivered to the Trustee for cancellation before reconveyance will be made.
TRUSTEE:
[TRUSTEE NAME], a [STATE OF
ORGANIZATION] [ENTITY TYPE]
By: __________________________
Name: __________________________
Title: __________________________
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