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Mortgage DeedMORTGAGE DEED
This Mortgage is given by ______________________ (Borrower), whose
address is ____________________________________________________________,
to _________________________________ (Lender), to secure the payment of
the principal sum of _______________________ dollars ($ ) together with
interest thereon computed on the outstanding balance, all as provided in
a Note having the same date as this Mortgage, and also to secure the
performance of all the terms, covenants, agreements, conditions and
extensions of the Note and this Mortgage.
In consideration of the loan made by Lender to Borrower, the Borrower
does hereby grant and convey to Lender, with mortgage covenants, the
land with the buildings situated thereon and all the improvements and
fixtures now and hereafter a part thereof, having a street address of
and more particularly described as follows:
Borrower further covenants and agrees that:
No superior mortgage or the note secured by it will be modified without
the consent of Lender hereunder.
In the event that the holder of a senior mortgage does not establish a
fund for the payment of insurance, property taxes, and any other such
charges which may or may not become a lien against the property, when
they become due, Borrower will be required to pay, in addition to and
included with each periodic payment due under the Note secured by this
Mortgage, a payment sufficient to provide a fund from which the same can
be paid by Lender when due.
In the event that Borrower fails to carry out the covenants and
agreements set forth herein, the Lender may do and pay for whatever is
necessary to protect the value of and the Lender's rights in the
mortgaged property and any amounts so paid shall be added to the
Principal Sum due the Lender hereunder.
As additional security hereunder, Borrower hereby assigns to Lender,
Borrower's rents of the mortgaged property, and upon default the same
may be collected without the necessity of making entry upon the
mortgaged premises.
In the event that any condition of this Mortgage or any senior mortgage
shall be in default for fifteen (15) days, the entire debt shall become
immediately due and payable at the option of the Lender. Lender shall be
entitled to collect all costs and expenses, including reasonable
attorney's fees incurred.
In the event that the Borrower transfers ownership (either legal or
equitable) or any security interest in the mortgaged property, whether
voluntarily or involuntarily, the Lender may at its option declare the
entire debt due and payable.
This Mortgage is also security for all other direct and contingent
liabilities of the Borrower to Lender which are due or become due and
whether now existing or hereafter contracted.
Borrower shall maintain adequate insurance on the property in amounts
and form of coverage acceptable to Lender and the Lender shall be a
named insured as its interest may appear.
Borrower shall not commit waste or permit others to commit actual,
permissive or constructive waste on the property.
Borrower further covenants and warrants to Lender that Borrower is
indefeasibly seized of said land in fee simple; that Borrower has
lawful authority to mortgage said land and that said land is free and
clear of all encumbrances except as may be expressly contained herein.
________________________________________ ____________________
Borrower Date
STATE OF )
COUNTY OF )
Subscribed and sworn before me on this the _____ day of __________, 20__.
Witness my hand and seal.
_______________________________________ My commission expires:
Notary Public
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940 Eastlake Parkway |
Chula Vista, CA 91914
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