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Deed Of Trust Long Form. This is a Washington form and can be use in Limited Practice Board Statewide.
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Tags: Deed Of Trust Long Form, LPB 22-05(r-l), Washington Statewide, Limited Practice Board
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 is for the purpose of securing performance of each agreement of Grantor(s) herein contained, 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
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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 his/her/their successors or assigns,
together with interest thereon at such rate as shall be agreed upon.
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.
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 hereby, shall
be paid to Beneficiary to be applied to said obligation.
2.
By accepting payment of any sum secured hereby 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 hereby or in the performance of any
agreement contained herein, all sums secured hereby shall immediately become due and payable at the
option of the Beneficiary. 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.
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5.
Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the
purchaser the interest in the property which Grantor(s) had or had the power to convey at the time of
his/her/their execution of this Deed of Trust, and such as he/she/they 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 death, incapacity, disability, or resignation of Trustee, 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.
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
instrument, on oath stated that
this
authorized to execute the instrument and acknowledge it as
the
of
to
be the free and voluntary act of such party(ies) 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:
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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: _______________________________
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