Common use of TRANSFER OF RIGHTS IN THE PROPERTY Clause in Contracts

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (a) the Secured Obligation; and (b) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectively. For this purpose, Grantor does hereby mortgage, grant and convey to Lender, the following described property: Grantor’s right, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation (collectively, the “Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “Land”); TOGETHER WITH all proceeds and products of the Secured Sand (collectively, the “Proceeds”). All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and the Proceeds are sometimes hereinafter collectively referred to as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR COVENANTS that Grantor is lawfully seized of the Property hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”). Grantor warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrances. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.

Appears in 2 contracts

Samples: Supply Agreement (Hi-Crush Partners LP), Supply Agreement (Hi-Crush Partners LP)

AutoNDA by SimpleDocs

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and GrantorXxxxxxxx’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, warrant, grant and convey to LenderXxxxxx and Xxxxxx’s successors and assigns, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89»County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageXxxxxxxx irrevocably mortgages, grant grants and convey conveys to Lender, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property., fixtures, and certain personal property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

Appears in 1 contract

Samples: Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower irrevocably grants and conveys to Trustee, grant and convey to Lenderin trust, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, Arizona, described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; program which pertain to the real property, whether now or hereafter existing or acquired; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Deed of Trust

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower grants, grant bargains and convey conveys to Lender, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s right«Initials» which currently has the address of subject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower irrevocably grants and conveys to Trustee, grant and convey to Lenderin trust, with power of sale, the following described property: Grantor’s rightproperty located in the «82» [Type of Recording District] of «89» [Name of Recording District] which currently has the address of subject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, Alaska, described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Deed of Trust

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, grant and convey to LenderLender with mortgage covenants, and with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, grant and convey to Lender, Lender the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Borrower does hereby mortgage, grant and convey to Lender and Lender’s successors and assigns, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89»County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageXxxxxxxx irrevocably mortgages, grant grants and convey conveys to Lender, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; foregoing; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property., fixtures, and certain personal property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower irrevocably grants and conveys to Trustee, grant and convey to Lenderin trust, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89»[Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Deed of Trust

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, grant and convey to Lender, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgage, grant Borrower mortgages and convey warrants to Lender, Xxxxxx and Xxxxxx’s successors and assigns the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction:: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; improvements located thereon or the indebtedness secured thereby; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, grant and convey to Lender, Lender the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

AutoNDA by SimpleDocs

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, grant and convey to Lender, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”)real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; for any damage to the real property and/or the improvements located thereon, or any part thereof resulting from exercise of or attempted exercise of mining rights or claims, however reserved or asserted, and resulting from the disturbance of any of the surface of the real property. Borrower does hereby covenant and agree that Borrower will not give such consent as may be required of the owner for mining or other surface disturbance by the terms of any patent, deed, statute, law or otherwise, without the prior written consent of Xxxxxx; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, grant and convey to LenderXxxxxx and Xxxxxx’s successors and assigns, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower irrevocably grants and conveys to Trustee, grant and convey to Lenderin trust, with power of sale, the following described propertyproperty located in the County [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s right, title and interest in and to which currently has the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation (collectively, the “Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “Land”); address of: «Initials» TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Deed of Trust

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (b) the ii)the performance of Borrower’s and GrantorXxxxxxxx’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower irrevocably grants and conveys to Trustee, grant and convey to Lenderin trust, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Deed of Trust

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (b) the ii)the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower irrevocably grants and conveys to Trustee, grant and convey to Lenderin trust, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Deed of Trust

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, grant and convey to Lender, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower, grant in consideration of the debt and convey the trust herein created, irrevocably grants and conveys to LenderTrustee, in trust, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and products all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the Secured Sand (collectivelyownership thereof, the “Proceeds”). or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property., fixtures, and certain personal property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

Appears in 1 contract

Samples: Deed of Trust

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor Xxxxxxxx does hereby mortgage, grant and convey to Lender, with Mortgage Covenants upon the Statutory Condition and with the Statutory Power of Sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightwhich currently has the address of «Initials» subject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Mortgage

TRANSFER OF RIGHTS IN THE PROPERTY. This Security Instrument secures to Lender: (ai) the Secured Obligationrepayment of the Loan, and all renewals, extensions and modifications of the Note; and (bii) the performance of Borrower’s and Grantor’s covenants and agreements under the Agreement and this Security Instrument, respectivelyInstrument and the Note. For this purpose, Grantor does hereby mortgageBorrower irrevocably grants and conveys to Trustee, grant and convey to Lenderin trust, with power of sale, the following described propertyproperty located in the «82» [Type of Recording Jurisdiction] of «89» [Name of Recording Jurisdiction]: Grantor’s rightsubject only to those matters set forth in the Permitted Prior Encumbrance Rider, title and interest in and to the unmined or unprocessed sand representing tonnage equivalent to the then outstanding amount of unmined or unprocessed sand owing by Borrower as the Secured Obligation if said rider is attached (collectively, the hereafter Secured Sand”) located at that certain real property situated in MONROE COUNTY, WISCONSIN and more particularly described on Exhibit A attached hereto (the “LandPermitted Prior Encumbrances”); TOGETHER WITH all proceeds personal property, including all windmills, pumps, irrigation equipment, motors, engines, and products devices of every kind now or hereafter used for or in connection with the irrigation of the Secured Sand (collectivelyreal property, or for stock watering or domestic purposes thereon, and all grain bins and storage bins, which are owned by Borrower and which are located on the “Proceeds”). real property in «89» County, «90», described above together with all additional accessions, replacements, improvements, repairs and substitutions to said property and the proceeds thereof and all other fixtures now or hereafter located upon the real property, all of which are declared to be appurtenant to said real property, or incident to the ownership thereof, or used in connection therewith; law or otherwise, without the prior written consent of Xxxxxx; All replacements of and additions to such Proceeds shall also be covered by this Security Instrument. The Secured Sand and All of the Proceeds are sometimes hereinafter collectively foregoing is referred to in this Security Instrument as the “Property”. As a point of clarity, this Security Instrument is not conveying to Lender, and the Property does not include, any of Grantor’s interests in the Land or any other real property rights other than the Secured Sand thereon or thereunder. GRANTOR .” BORROWER COVENANTS that Grantor Borrower is lawfully seized seised of the Property estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record and encumbrances depicted on that certain survey of specifically those permitted prior encumbrances, if any, set forth in the Land by Vierbicher Surveyors, dated December 10, 2010 (collectively, the “Permitted Encumbrances”)Prior Encumbrances Rider if said rider is attached to this Security Instrument. Grantor Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to Permitted Encumbrancesany encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, fixtures, and certain personal property.

Appears in 1 contract

Samples: Open End Deed of Trust

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!