Fillable Printable Short Form Deed of Trust and Assignment of Rents - California

Short Form Deed of Trust and Assignment of Rents - California

CR-5 (01/09) SHORT FORM DEED OF TRUST Page 1 of 4

RECORDING REQUESTED BY

WHEN RECORDED, MAIL TO:

CLERK, U.S. DISTRICT COURT

312 No. SPRING STREET, Rm. G-8

LOS ANGELES, CALIFORNIA 90012

(SPACE ABOVE THIS LINE FOR RECORDER'S USE)

SHORT FORM DEED OF TRUST AND ASSIGNMENT OF RENTS

INCORPORATING BY REFERENCE CERTAIN PROVISIONS OF A FICTITIOUS DEED OF TRUST OF RECORD

THIS DEED OF TRUST, Made this day of , between

, herein called TRUSTOR, whose

address is

;

herein

called TRUSTEE; and Clerk, U.S. District Court, Central District of California, herein called BENEFICIARY;

WITNESSETH: That Trustor irrevocably grants, transfers and assigns to trustee in trust, with power of sale that property in

County, California, common address

, legally described as:

TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to

and conferred upon Beneficiary by paragraph B(5) 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 under bond(s) posted on behalf of defendant(s)

in Case No._____________________________, which includes an obligation by said Trustor(s) surety(ies) in the amount

of $ ____________________.

To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agree ments, and adopts and agree s to perform

and be bound by each and all of the terms and provisions set forth in subdivision A of that certain Fictitious Deed of Trust reference d herein, and it is mutually agre ed tha t a ll of the

provisions set forth in subdivision B of that ce rtain Fictitious Dee d of Trust recorded in the book a nd page of Officia l Records in the office of the c ounty recorder of the county where

said property is loca t ed, noted below opposite the name of such county, namely:

COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE

Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187

Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762

Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621

Butte 1330 513 Los Angeles T-3878 874 Sacram ento 71-10-26 615 Sonoma 2067 427

Calavera s 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56

Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585

Contra 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183

Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595

El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108

Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160

Glenn 469 76 Mono 69 302 Santa B arbara 2065 881 Ventura 2607 237

Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16

Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693

Inyo 165 672 Nevada 363 94 Shasta 800 633

Kern 3756 690 Orange 7182 18 San Diego Series 5 1964 149774

shall inure to a nd bind the parties here to, with respec t to the property above described. Sa id agreem ents, terms a nd provisions containe d in said subdivisions A and B, (identical in all

counties) are pre printed on the re verse pa ge he reof and a re by the within re ferenc e the reto, inc orporated he rein a nd ma de a pa r t of this De ed of Trust for a ll purposes as fully as if se t

forth at length herein, and Beneficia ry may cha rge for a statem ent regarding the obligation se cured hereby, provided the charge there of does not e xceed the m aximum allowed by law.

CLEAR FORM

CR-5 (01/09) SHORT FORM DEED OF TRUST Page 2 of 4

The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to said Trustor at

the address hereinbefore set forth.

Signature of Trustor Print Name of Trustor

State of

ss.

County of

before me, personally appeared

(name, title of officer, i.e., "Jane Doe, Notary Public")

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.

WITNESS my hand and official seal.

Signature

CERTIFICATE OF RECORDATION

(To be used only by Office of the Clerk.)

This is to certify that the interest in real property conveyed by the deed dated

from to CLERK, U.S. DISTRICT COURT, CENTRAL DISTRICT OF

CALIFORNIA, a governmental agency, is hereby accepted by order of the Court on

and the grantee consents to recordation thereof by its duly authorized Deputy Clerk(s).

CLERK, UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Date By Deputy

REQUEST FOR FULL RECONVEYANCE

(To be used only when note has been satisfied)

To , Trustee Dated

The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by

said Deed of Trust have been fully 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 the 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.

Mail Reconveyance To: Clerk, U. S. District Court

Central District of California

Deputy Clerk

Do not lose or destroy this Deed of Trust or THE NOTE which it secures.

Both must be delivered to the Trustee for cancellation before reconveyance will be made

CR-5 (01/09) SHORT FORM DEED OF TRUST - APPENDIX Page 3 of 4

DO NOT RECORD

The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the

foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.

A. To protect the security of this Deed of Trust, Trustor agrees:

(1) To keep said 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 violation 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. The

amount collected under any fire or other insurance policy may be applied by Beneficiary upon any 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 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, or the rights or powers

of 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 judgement of either appears to be prior or superior hereto; and, in

exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees.

(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.

B. It is mutually agreed:

(1) 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 or her in the same

manner and with the same effect as above provided for regarding disposition of proceeds of fire or other insurance.

(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his or her right either

to require prompt payment when due of all other sums so secured or to declare default for failure so to pay.

(3) 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 plat thereof;

join in granting any easem

ent thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof.

CR-5 (01/09) SHORT FORM DEED OF TRUST - APPENDIX Page 4 of 4

(4) That upon written request of Beneficiary stating that all sums secured hereby have been satisfied, and upon surrender of

this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose 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."

(5) 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 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 or her 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 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.

(6) 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 hereinafter 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.

(7) 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 instrum

ent 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.

(8) That 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 pledgees, of the

note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine

gender includes the feminine and/or the neuter, and the singular number includes the plural.