Fillable Printable Conventional Deed of Trust - California

Conventional Deed of Trust - California

Conventional Deed of Trust (MERS) Page 1 of 8

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WHEN RECORDED RETURN TO:

(For Recorder’s Use Only)

NOTE TO BORROWER:

THIS DEED OF TRUST CONTAINS

PROVISIONS RESTRICTI N G ASS UM PT I ONS

DEED OF TRUST

Loan No.

Min No.

DEFINITIONS

(A) “Lender” is

Lender is a organized and existing under the laws of .

Lender’s address is .

The word “Lender” includes the present Lender, or any future owner or holder, including pledgee, of the

indebtedness s ecured hereby.

(B) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting

solely as a nominee for Lender and Lender’s successors and assigns. MERS is the beneficiary under this Deed of

Trust. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of

P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.

This Deed of Trust is made on , , by (the

“Borrower”) to (the “Trustee”), whose business address is

in favor of MERS (solely as nominee for Lender

and Lender’s successors and assigns) and the successors and assigns of MERS.

1. BORROWER, IN CONSIDERATION OF THE INDEBTEDNESS HEREIN RECITED AND

THE TRUST HEREIN CREATED, HEREBY IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to

Trustee in trust, with power of sale and right of entry and possession, all of Borrower’s right, title and interest now

held or hereafter acquired in and to the following: (a) all of the certain real prop erty (the “Property”) located in the

County of , State of California, described below or in Exhibit “A” attached hereto

and made a part hereof by this reference:

[This property is/is not (strike inappropriate reference) in a “Targeted Area” as described in the California

Housing Finance Agency Program Manual at the date of recording this Deed of Trust]

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Which property address is which

is incorporated herein by this reference; and (b) all buildings, improvements and fixtures now or hereafter erected

thereon, and all appurtenances, easements, and articles of property now or hereafter affixed to, placed upon or used

in connection with the Property, together with all additions to, substitutions for, changes in or replacements of the

whole or any part of said articles of property (all of which real and personal property are sometimes referred to as

the “Property”); all of which are hereby pledged and assigned, transferred, and set over unto Trustee, and for

purposes of this Deed of Trust declared to be part of the realty; provided, however, that furniture and other personal

property of Borrower now or hereafter situated on said real property are not intended to be included as part of the

Property. Borrower understan ds and agrees that MERS h olds only legal t itle to the interests g ranted by Borrower in

this Deed of Trust, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's

successors and assigns) has the right to exercise any and all of those interests, including, but not limited to, the right

to foreclose and sell the property, and to take any action required of Lender including, but not limited to, releasing

and canceling this Deed of Trust.

TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower’s Promissory Note

dated , (“Note”), in the pr incipal sum of ________________________

_____________________________________________________________________________________________

_____________ ___ ______ ___ ___ _____ Dollars ($ ) with in tere st thereo n, pr ovid ing for mon thly

installments of principal and interest with the balance of the indebtedness, if not sooner paid, due and payable on

______________________ , 20 ________; the payment of all other sums, with interest thereon, advanced in

accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and

agreements of Borrower herein contained.

BORROWER AND LENDER COVENANT AND AGREE A S FOLLOWS:

1. Borrower’s Estate. That Borrower is lawfully seized of the estate hereby conveyed and has the

right to grant and convey the property, that the property is unencumbered, and that Borrower will warrant and

defend generally the title to the Property against all claims and demands, subject to any declarations, easements or

restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender’s interest in

the Property.

2. Payment of Principal and Interest. Borrower will promptly pay when due the principal of and

interest on the indebtedness evidenced by the Note and late charges as provided by the Note.

3. Tax Covenants. Borrower is aware that the Note bears an interest rate below market interest rates

because Lender intends to transfer the loan evidenced by the Note to the California Housing Finance Agency, a

public instrumentality and political subdivision of the State of California (“Agency”). The Agency’s acquisition of

said loan and Note will be with fund s from the sale of tax exempt municipal securities. Therefore, upon transfer of

the Note to the Agency, the Note, the indebtedness evidenced thereby, the Property and this Deed of Trust shall

become subject to the applicable Internal Revenue Code Sections (“Tax Code”).

Borrower also understands that the Agency and the Tax Code require that Borrowers of funds originated by

the sale of said tax exempt municipal securities, and the property securing said loans, meet certain specific criteria.

Borrower acknowledges that Lender has explained the requirements of the Tax Code and the requirements of the

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Agency, and that Borrower has made certain representations regarding Borrower’s, and the Property’s compliance

therewith. (See paragraph number 21 requirements which are also applicable to Borrower.) Borrower covenants

that said representations were and are true and correct. UPON DISCOVERY BY LENDER OR THE AGENCY OF

ANY MISSTATEMENT MADE BY BORROW ER PURSUANT TO SAID REPRESENTATIONS, BORROWER

MAY BE SUBJECT TO THE FOLLOWING ACTIONS:

(A) Acceleration of the indebtedness and th e exercise of the power of sale as stated in paragraph 22 of

this Deed of Trust; or

(B) Upon the sale or other disposition of the Note by the Agency, the interest on the unpaid principal

balance may be adjusted to the then current market rate permitted by law. Such interest rate

adjustment will be effective immediately upon the sale or disposition of the Note by the Agency.

4. Funds for Taxes and Insurance. Subject to applicable law, Lender shall establish an impound

account (“Funds”) on behalf of Borrower to pay taxes and assessments (which may attain priority over this Deed of

Trust), hazard insurance premiums, and mortgage insurance premiums (hereinafter collectively referred to as

“Charges”). This account will be funded by Borrower with monthly payments due to Lender on the same day the

monthly installment of principal and interest is payable under the Note, until such Note is paid in full. The monthly

impound amount shall be the sum equal to one-twelfth of the estimated total annual amounts anticipated to be

payable for the above listed charges. The Lender from time to time may adjust such monthly impound amounts due

on the basis of actual assessments and bills, and reasonable estimates thereof.

The funds shall be held in an institution the deposits or accounts of which are insured by the Federal

Deposit Insurance Corporation (“FDIC”). Lender shall apply the Funds to pay said taxes, assessments, and

insurance premiums. Lender may not charge Borrower for so holding and applying the Funds, analyzing said

account or verifying and compiling said assessments and bills. Interest on Funds as required by law will be paid to

Borrower.

On an annual basis (i.e. the “Account Computation Year”), Lender shall analyze the funds to (i) determine

the appropriate target balance (i.e. the estimated month end balance in the impound account that is sufficient to

cover the remaining anticipated disbursements from impound Account in the Computation Year), (ii) compute the

Borrower’s monthly payments for the next Account Computation Year which will be necessary to cover estimated

charges, and (iii) determine whether shortages, deficiencies or surpluses exist.

An annual impound account statement shall be provided to the Borrower within 30 days of completion of

the analysis of the Funds for the Account Computation Year. If it is determined that there is a surplus greater than

or equal to $50, and so long as Borrower is not in arrears on any payment due to Lender, the surplus amount shall be

refunded to Borrower within 30 days. If it is determined that there is a shortage or deficiency of Funds in an amount

less than one month’s impound payment, the Borrower shall pay to the Lender the amount necessary to make up the

deficiency within 30 days from the date a notice is mailed by the Lender to the Borrower requesting payment

thereof. If the shortage or deficiency is an amount equal to or in excess of one month’s impound payment, the

Borrower shall repay the deficient amount in equal monthly payments over the next 12 month period.

The Funds are pledged as additional security for the sums secured by this Deed of Trust. Upon payment in

full of all sums secured by this Deed of Trust, Lender will p romp tly refund to Borrower any funds held b y Lender.

If the property is sold or the property is otherwise acquired by the Lender, Lender will apply, no later than

immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of

application, as a credit against sums secured by thi s Deed of Trust.

5. Application of Payments. Unless applicable law provides otherwise, all payments received by

Lender under the Note and payments of Funds will be applied by Lend er first in payment of taxes, assessments and

insurance premiums, then to interest payable on the Note, and then to the principa l of the Note.

6. Junior Encumbrances. Any subsequent encumbrancer of the Property is hereby notified that

upon exercise of any power of sale or foreclosure by such encumbrancer, such encumbrancer shall take title to the

Property subject to this Deed of Trust, and more specifically, subject to par agraph 21 of this De ed of Trust r equir ing

that all successors in interest to Borrower (including successors in interest through involuntary sale) meet certain

eligibility requirements of the Agency.

7. Charges; Lien. Borrower will pay all taxes, assessments and other charges, fines and impositions

attributable to the Property which may attain a priority over this Deed of Trust, in the manner provided above or, if

not required to be paid in such manner, by Borrower making payment, when due, directly to the payee thereof.

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Borrower will promptly furnish to Lender all notices of amounts due under this paragraph, and in the event

Borrower makes payment directly. Borrower will promptly furnish to Lender receipts evidencing such payments.

Borrower will promptly discharge any Lien which has priority over this Deed of Trust; provided, that Borrower will

not be required to discharge any such lien so long as Borrower will agree in writing to the payment of the obligation

secured by such lien in a manner acceptable to Lender, or will in good faith contest such lien by, or defend

enforcement of such lien in, leg al proceedings which operated to pr event the enforcement of the lien or forfeiture of

the Property or any part thereof.

8. Hazard Insurance. Borrower will keep the improvements now existing or hereafter erected on the

Property Insured in such amounts and for such periods as Lender may require, which amounts shall be the greater of

(1) the outstanding principal balance of the Note, (2) the amount required by the mortgage guaranty insurance

carrier, (3) the amount, in Lender’s determination, necessary to prevent Borrower from becoming a co-insurer, or (4)

the amount of the replacement cost of the Property.

The insurance carrier providing this insurance shall be licensed to do business in th e State of California and

be chosen by Borrower subject to approval by Lender; provided, that such approval will not be unreasonably

withheld. All premiums on insurance policies will be paid in the manner provided in paragr aph 4 above.

All insurance policies and renewals thereof will be in a form acceptable to Lender and will include a

standard mortgage clause with standard mortgagee loss payee endorsement e.g. number 438BFU in favor of and in a

form acceptable to Lender. Lender will have the right to hold the policies and renewals thereof, and Borrower will

promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower

shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly

by Borrower.

Unless Lender and Borrower otherwise agree in writing, insurance proceeds will be applied to restoration

or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of

this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security

of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of

Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to

respond to Lender within thirty (30) days from the date notice is mailed by Lender to Borrower that the insurance

carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance

proceeds at Lender’s option either to restoration or repair of the Property or to the sums secured by this Deed of

Trust.

Unless Lender and Borrower otherwise agree in writing, any such app lication of proceeds to principa l will

not extend or postpone the due date of the monthly installments referred to above or change the amount of such

installments. If the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance

policies and in and to the proceeds thereo f resulting from damage to th e Property prior to the sale or acqu isition will

pass to Lender to the extent of the sums secured by this Deed of Trust immediately p rior to such sale or acquisition.

9. Preservation and Maintenance of Property, Condominiums; Planned Unit Developments.

Borrower will keep the Property in good repair an d will not commit waste or permit impairment or deterioration of

the Property. If this Deed of trust is on a unit in a condominium or a planned unit development, Borrower will

perform all of Borrower’s obligations under the declaration or covenants creating or governing the condominium or

planned unit development, the by-laws and regulations of the condominium or planned unit development, and

constituent documents. Borrower will not, without Lender’s prior written consent, agree to the abandonment or

termination of the condominium or planned unit development, any change in the percentag e in terest of owners in the

common areas and facilities of the condominium or planned unit development, or the termination of professional

management, and assumption of self-management of the condominium or planned unit development. If a

condominium or planned unit development rider is executed by Borrower and recorded together with this Deed of

Trust, the covenants and agreements of such rider are incorporated herein by this reference.

10. Protection of Lender’s Security. If Borrower fails to perform the covenants and agreements

contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender’s

interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or

arrangements or proceedings involving bankrupt or decedent, then Lender at Lender’s option, upon notice to

Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender’s

interest, including, but not limited to, disbursement of reasonable attorney’s fees and entry upon the Property to

make repairs.

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Any amounts disbursed by Lender pursuant to this paragraph, with interest thereon, will become additional

indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of

payment, such amounts will be payable upon notice from Lender to Borrower requesting payment thereof, and will

bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the

Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts will

bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph will require

Lender to incur any expense or take action hereunder.

11. Inspection. Lender may make or cause to be made reason able entries upon and inspections of the

Property, provided that Lender will give Borrower reasonable notice of inspection.

12. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in

connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of

condemnation, are hereby assigned and shall be paid to Lender.

In the event of a total taking of the Property, the proceeds will be applied to the sums secured by this Deed

of Trust, with the excess, if any, paid to the Borrower. In the event of a partial taking of the Property, unless

Borrower and Lender otherwise agree in writing, there will be applied to the sums secured by this Deed of Trust

such propor tion of th e proceeds as is equal to that proportion which th e amount of the sums secured by this Deed of

Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the

date of taking, with the balance of the proceeds paid to Borrower.

If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor

offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within thirty (30) days

after the date such notice is mailed , Lend er is auth orized to collect and apply the proceeds, at Lender’s option, either

to restoration or repair of the Property or to the sums secured by this Deed of Trust.

Unless Lender and Borrower otherwise agree in writing, any such app lication of proceeds to principa l will

not extend or postpone the due date of the monthly installments referred to the above or change the amount of such

installments.

13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or

remedy will not be a waiver of the exercise of any su ch right or remedy. Neither the acceptance of a payment after

knowledge of a Borrower default, nor the procurement of insurance or the payment of taxes or other liens or charges

by Lender will be a waiver of Lender’s right to accelerate th e maturity of the indebtedness secured by this Deed of

Trust.

14. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cu mulative to

any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently,

independently or successively.

15. Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and

the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower subject to the

provisions of this Deed of Trust.

16. Joint and Several Liability. All covenants and agreements of Borrower shall be joint and several.

17. Notice. Except for any notice required under applicable law to be given in another manner, (a)

any notice to Borrower provided fo r in this Deed of Trust will be given by certified mail, addressed to Borrower at

the Property address or such other address as Borrower may designate by notice to Lender as provided herein, and

(b) any notice to Lender will be given by certified mail, return receipt requested, to Lender’s ad dress stated above or

to such other ad dress as Lender may designate by notice to Borrower as provided above.

18. Governing Law. This Deed of Trust shall be governed by the laws of the State of California.

19. Severability. In the event that an y provision or clause of this Deed of Trust or the No te conflicts

with applicable law, such conflict will not affect other provisions of this Deed of Trust or the Note which can be

given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are

declared to be severable.

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20. Captions. The captions and headings in this Deed of Trust are for convenience only and are not

to be used to interpret or define the provisions hereof.

21. Transfer of Property; Assumptions. The PROPERTY WILL NOT BE TRANSFERABLE

WITHOUT WR ITTEN APPROVAL OF THE AGENCY.

Wherein Agency administered Funds continued to be used in financing the purchase of said property,

“Transfer” means any sale, assig nment or transfer, voluntary or invo luntary, or by operation of Law, of any interest

in this Property, including but not limited to a fee simple interest, a joint tenancy interest, a life estate, leasehold

interest, or an interest evidenced by a land contract by which possession of the Property is transferred and Borrower

retains title, whether or not any such transfer is made subject to this Deed of Trust. Any such transfer without the

Agency’s written approval is a “Prohibited Transfer”.

The Agency’s approval will not be given un less Borrower’s successor(s) in interest (“Purchaser”) meets all

of the following conditio ns:

(a) Purchaser occupies the residence at the Property address as Purchaser’s principal place of

residence within sixty (60) days after the date of transfer, and continues to so occupy the Property

until the Note is paid in full or purchaser properly transfers to a successor in interest meeting all of

the requirements of the Tax Code, and requirements of the Agency;

(b) Purchaser has not had an ownership interest in a principal residence at any time during the three

years preceding the date of transfer unless at the time of transfer the Agency gives written

approval that the Property is in a "Targeted Area” or this Deed of Trust indicates the Property was

in a “Targeted Area” at the time of recording this Deed of Trust;

(d) Purchaser has purchased the Property at a purchase price within the price limits established.

(e) Purchaser’s indebtedness is eligible for mortgage guaranty insurance cover ing a loss of up to fifty

percent (50%) of the outstanding principal amount of the Note, issued by an issuer licensed to do

business in the State of California, and approved by the Agency;

(f) Purchaser meets all other conditions applicable to the Agency’s financing in effect at the time of

transfer including, but not limited to, the Agency’s loan underwriting standa rds; and

(g) Purchaser meets the conditions of the Tax Code and regulations thereunder, both as amended from

time to time.

If written approval of the Agency is not given for any transfer of the Property, the transfer will be a

“Prohibited Transfer” and Lender may, at Lender’s option, declare all the sums secured by this Deed of Trust to be

immediately due and payable. Lender will exercise this option by noticing Borrower of Lender’s decision pursuant

to paragraph 17 above. The notice must provide a period of not less than thirty (30) days from the date the notice is

mailed within which Borrower may pay the amounts due or cure the Prohibited Transfer by transferring to a

Purchaser meeting the above stated conditions. If Bo rrower fails to cure the Prohibited Transfer or pay the amounts

due within said period Lender may then invoke any remedies permitted by this Deed of Trust or California law,

including, but not limited to, the exercise of the power of sale as described in this Deed of Trust.

22. Acceleration; Remedies. Except as provided in paragraph 21 hereof, upon Borrower’s breach of

any covenant or agreement of Borrower in this Deed of Trust, including but not limited to the covenants to pay

when due any sums secured by this Deed of Trust, and the covenants as to the truth of representations made by

Borrower found in paragraph 3 above, Lender, prior to acceleration, will mail notice to Borrower specifying: (1) the

breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice

is mailed to Borrower, by which such breach is to be cured; and (4) that failu re to cure such breach on or before the

date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of this

Property. The notice will also inform Borrower of Borrower’s right to reinstate after acceleration and the right to

bring a court action to assert the nonexistence of default or any other defense of Borrower to acceleration and sale.

If the breach is not cured on or before the date specified in the notice, Lender at Lender’s optio n may declare all of

the sums secured by this Deed of Trust to be immediately due and payable without further demand and ma y invoke

the power of sale and any other remedies permitted by California law. Lender will be entitled to collect all

reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not

limited to, reasonable attorney’s fees. If Lender invokes the power of sale, Lender will do so pursuant to the

provisions for notice of sale and sale foun d at California Civil Code Sections 29 24, et. Seq., as amended from time

to time.

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IF LENDER EXERCISES TH E POWER OF SALE, LENDER COVENANTS THAT ANY PURCHASER

THEREUNDER SHALL MEET THE CONDITIONS LISTED IN PARAGRAPH 21 FOR BORROWER’S

SUCCESSORS IN INTEREST.

23. Borrower’s Right to Reinstate. Notwithstanding Lender’s acceleration of the sums secured by

this Deed of Trust, Borrower will have the right to have any proceedings begun by Lender to enforce this Deed of

Trust discontinued at any time prior to five (5) days before the sale of the Property pursuant to the power of sale

contained in this Deed of Trust or at any time prior to entry of the judgement enforcing this Deed of Trust if: (a)

Borrower pays Lender all sums which would be then due under this Deed of Trust, and the Note, had no acceleration

occurred,; (b ) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed

of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and

agreements of Borrower contained in this Deed of Trust, and in enforcing Lender’s and Trustee’s remedies

including, but not limited to, reasonable attorney’s fees; and (d) Borrower takes such action as Lender may

reasonably require to assure that the lien of this Deed of Trust, Lender’s interest in the Property and Borrower’s

obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure

by Borrower, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no

acceleration had occurred.

24. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender will request

Trustee to reconvey the Property and will surrender this Deed of Trust and the Note evidencing the indebtedness

secured by this Deed of Trus t to Trustee. Trustee shall reconvey the Property without warranty and without charge

to the person or persons legally entitled thereto. Such person or persons will pay all costs of recordation, if any.

25. Substitute Trustee. Lender, at Lender’s option, may from time to time remove Trustee and

appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor

trustee will succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law.

26. Request for Notice. Borrower requests that copies of the notice of default and notice of sale be

sent to Borrower’s address which is the Property address.

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IN WITNESS WHEREOF, BO RROWER HAS EXECUTED THIS DEED OF TRUST.

Borrower

State of California

County of ___________________ _______________ ___

On _________________________ _ before me, ________________________________________________ _______ ,

Date Name and Title of Officer (e.g., “Jane Doe, Notary Public”)

personally appear ed ________________ _______________ _______________ _______________ _______________ _

Name(s) of Signers(s)

_________________________ __________________________________________ ___________________________ ,

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 with in

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.

WITNESS my hand and official seal.

Place Notary Seal Above ___________________________________ _______________________

Signature of Notary Public