When recorded return to:
DEED OF TRUST
(For use in the State of Washington only)
THIS DEED OF TRUST, made this: day of: between,
as GRANTOR(S),
whose address is
and
as TRUSTEE,
whose address is
and
as BENEFICIARY,
whose address is
WITNESSETH: Grantor(s) hereby bargain(s), sell(s), and convey(s) to
Trustee in trust, with power of sale, the following described real property
in : ____________________________________________________________________________
County, Washington:
Abbreviated Legal: (Required if full legal not inserted above.)
Tax Parcel Number(s):
which real property is not used principally for agricultural or farming
purposes, together with all the tenements, hereditaments, and appurtenances
now or hereafter thereunto belonging or in any wise appertaining, and
the rents, issues, and profits thereof.
This Deed of Trust is for the purpose of securing performance of each
agreement of Grantor(s) contained in this Deed of Trust, and payment
of the sum of:
__________________________________________________________Dollars ($
)
with interest, in accordance with the terms of a promissory note of
even date herewith, payable to Beneficiary or order, and made by Grantor(s),
and all renewals, modifications, and extensions thereof, and also such
further sums as may be advanced or loaned by Beneficiary to Grantor(s),
or any of Grantor(s)’ successors or assigns, together with interest
thereon at such rate as shall be agreed upon.
DUE DATE: The entire balance of the promissory note secured by this
Deed of Trust, together with any and all interest accrued thereon, shall
be due and payable in full on __________________________________________.
To protect the security of this Deed of Trust, Grantor(s) covenant(s)
and agree(s):
1. To keep the property in good condition and repair; to permit no waste
thereof; to complete any building,
structure, or improvement being built or about to be built thereon;
to restore promptly any building,
structure, or improvement thereon which may be damaged or destroyed;
and to comply with all laws,
ordinances, regulations, covenants, conditions, and restrictions affecting
the property.
2. To pay before delinquent all lawful taxes and assessments upon the
property; to keep the property free and clear of all other charges,
liens, or encumbrances impairing the security of this Deed of Trust.
3. To keep all buildings now or hereafter erected on the property described
herein continuously insured against loss by fire or other hazards in
an amount not less than the total debt secured by this Deed of Trust.
All policies shall be held by the Beneficiary, and be in such companies
as the Beneficiary may approve and
have loss payable first to the Beneficiary, as its interest may appear,
and then to the Grantor(s). The amount
collected under any insurance policy may be applied upon any indebtedness
hereby secured in such order as the Beneficiary shall determine. Such
application by the Beneficiary shall not cause discontinuance of any
proceedings to foreclose this Deed of Trust. In the event of foreclosure,
all rights of the Grantor(s) in
insurance policies then in force shall pass to the purchaser at the
foreclosure sale.
4. To 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 title search and attorney's fees in a reasonable amount, in
any such action or proceeding, and in any suit brought by Beneficiary
to foreclose this Deed of Trust.
5. To pay all costs, fees, and expenses in connection with this Deed
of Trust, including the expenses of the
Trustee incurred in enforcing the obligation secured hereby and Trustee's
and attorney's fees actually
incurred, as provided by statute.
6. Should Grantor(s) fail to pay when due any taxes, assessments, insurance
premiums, liens, encumbrances, or other charges against the property
hereinabove described, Beneficiary may pay the same, and the amount
so paid, with interest at the rate set forth in the note secured hereby,
shall be added to and become a part of the debt secured in this Deed
of Trust.
7. DUE ON SALE: (OPTIONAL – Not applicable unless initialed by
Grantor and Beneficiary.) The
property described in this security instrument may not be sold or transferred
without the Beneficiary’s
consent. Upon breach of this provision, Beneficiary may declare all
sums due under the note and Deed of
Trust immediately due and payable, unless prohibited by applicable law.
___________________________________Grantor initials ___________________________________Beneficiary
initials
IT IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is taken or damaged in an
eminent domain proceeding, the entire
amount of the award or such portion as may be necessary to fully satisfy
the obligation secured by this Deed of Trust shall be paid to Beneficiary
to be applied to said obligation.
2. By accepting payment of any sum secured by this Deed of Trust after
its due date, Beneficiary does not
waive its right to require prompt payment when due of all other sums
so secured or to declare default for
failure to so pay.
3. The Trustee shall reconvey all or any part of the property covered
by this Deed of Trust to the person
entitled thereto, on written request of the Grantor(s) and the Beneficiary,
or upon satisfaction of the
obligation secured and written request for reconveyance made by the
Beneficiary or the person entitled
thereto.
4. Upon default by Grantor(s) in the payment of any indebtedness secured
by this Deed of Trust or in the
performance of any agreement contained in this Deed of Trust, all sums
secured hereby shall immediately
become due and payable at the option of the Beneficiary subject to any
cure period provided in the note
secured by this Deed of Trust. In such event and upon written request
of Beneficiary, Trustee shall sell the
trust property, in accordance with the Deed of Trust Act of the State
of Washington, at public auction to the
highest bidder. Any person except Trustee may bid at Trustee's sale.
Trustee shall apply the proceeds of the
sale as follows: (1) to the expense of the sale, including a reasonable
Trustee's fee and attorney's fee; (2) to
the obligation secured by this Deed of Trust; and (3) the surplus, if
any, shall be distributed to the persons
entitled thereto.
5. Trustee shall deliver to the purchaser at the sale its deed, without
warranty, which shall convey to the
purchaser all right, title and interest in the real and personal property
which Grantor(s) had or had the power
to convey at the time of the execution of this Deed of Trust, and such
as Grantor(s) may have acquired
thereafter. Trustee's deed shall recite the facts showing that the sale
was conducted in compliance with all
the requirements of law and of this Deed of Trust, which recital shall
be prima facie evidence of such
compliance and conclusive evidence thereof in favor of bona fide purchaser
and encumbrancers for value.
6. The power of sale conferred by this Deed of Trust and by the Deed
of Trust Act of the State of Washington is not an exclusive remedy;
Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage.
7. In the event of the absence, death, incapacity, disability, or resignation
of Trustee, or at the discretion of the Beneficiary, Beneficiary may
appoint in writing a successor trustee, and upon the recording of such
appointment in the mortgage records of the county in which this Deed
of Trust is recorded, the successor
trustee shall be vested with all powers of the original trustee. The
trustee is not obligated to notify any party
hereto of pending sale under any other Deed of Trust or of an action
or proceeding in which Grantor(s),
Trustee, or Beneficiary shall be a party unless such action or proceeding
is brought by the Trustee.
8. This Deed of Trust applies to, inures to the benefit of, and is binding
not only on the parties hereto, but on his/her/their heirs, devisees,
legatees, administrators, executors, and assigns. The term Beneficiary
shall
mean the holder and owner of the note secured hereby, whether or not
named as Beneficiary herein.
9. ADDITIONAL TERMS AND CONDITIONS: (check one)
a. ( ) None
b. ( ) As set forth on the attached Exhibit _______ which is incorporated
by this reference.
(Note: If neither “a” nor “b” is checked, then
option “a” applies.)
STATE OF
ss.
COUNTY OF
I certify that I know or have satisfactory evidence that__________________________________________________________________
_______________________________________________________________________________(is/are)
the person(s) who appeared
before me, and said person(s) acknowledged that ____________________signed
this instrument and acknowledged it to be
________________________________________________free and voluntary act
for the uses and purposes mentioned in this instrument..
Dated:
Notary name printed or typed:
Notary Public in and for the State of:
Residing at:
My appointment expires:
REQUEST FOR FULL RECONVEYANCE - Do not record. To be used only when
note has been paid.
TO: TRUSTEE
The undersigned is the legal owner and holder of the note and all other
indebtedness secured by the within Deed of Trust. Said note, together
with all other indebtedness secured by said Deed of Trust, has 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 said note above mentioned, and all other 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, all the
estate now held by you thereunder.
Dated: ______________________________ |