EXHIBIT 10.9
WHEN RECORDED, MAIL TO:
J. Xxxxx Xxxxxxxxxx
00 Xxxxx Xxxx Xxxxx
Xxxx Xxxxxxx, XX 00000
TRUST DEED
THIS TRUST DEED is made this ____ day of June, 2002, between Silver Xxxx
Mining Company, Incorporated, a Utah corporation, as Trustor, whose address is
0000 Xxxxxxxxx Xxxxxx, X.X. Xxx 000, Xxxxxxx, Xxxxxxxxxx 00000, ____Robert N.
Wilkinson_______, as TRUSTEE,* and J. Xxxxx Xxxxxxxxxx, as BENEFICIARY.
TRUSTOR hereby CONVEYS AND WARRANTS TO TRUSTEE IN TRUST, WITH POWER OF
SALE, the following described patented mining claims situated in the American
Fork Mining District, Utah County, State of Utah:
PATENTED MINING CLAIMS
BLM
Claims Number
RED CLOUD LODE Lot #71-A
RED CLOUD MILL XXXX Xxx #00-X
XXXXXX XXXX XXXX Xxx #00-X
SILVER XXXX MILL SITE Xxx #00-X
XXXXXX XXXX Xxx #00
FIRST CHANCE LODE Xxx #00
XXXXXXXXX XXXX XX-0000
MONO LODE Xxx #00-X
XXXX XXXX XXXX Xxx #00-X
XXXXX MILL SITE XX-0000
XXXXX XX. 0 XX-0000
GLOBE XX. 0 XX-0000
XXXXX XX. 0 XX-0000
GLOBE XX. 0 XX-0000
XXXXX XX. 0 XX-0000
GLOBE XX. 0 XX-0000
XXXXX XX. 0 XX-0000
GLOBE NO. 8 XX-0000
XXXX XXXX XX-0000
BLUE ROCK NO. 1 MS-6139
BLUE ROCK XX. 0 XX-0000
XXXX XXXX XX. 0 XX-0000
BLUE ROCK XX. 0 XX-0000
XXXX XXXX XX. 0 XX-0000
BLUE ROCK NO. 9 FRACTION MS-6472
LAST CHANCE NO. 2 MS-5268
Located in Sections 16, 17, 18, 19, 20, 21, 22 and 30, Township 3 South, Range
3 East, Salt Lake Base and Meridian, American Fork Mining District, Utah
County, Utah.
FOR THE PURPOSE OF SECURING payment of certain indebtedness of the
Trustor and Unico, Incorporated to the Beneficiary evidenced by a Promissory
Note dated June __, 2002, in the principal sum of $350,000.00, payable to the
order of Beneficiary (and any and all amendments, renewals, increases, and
modifications thereof) at the times, in the manner and with interest as
therein set forth, and payment of any sums expended or advanced by Beneficiary
to protect the security hereof.
Trustor agrees to pay all taxes and assessments on the above property, to
pay all charges and assessments on water or water stock used on or with said
property, not to commit waste, to maintain adequate fire insurance on
improvements on said property, to pay all costs and expenses of collection
(including Trustee's and attorney's fees in event of default in payment of the
indebtedness secured hereby and to pay reasonable Trustee's fees for any of
the services performed by Trustee hereunder, including a reconveyance hereof.
The undersigned Trustor requests that a copy of any notice of default and
of any notice of sale hereunder be mailed to him at the address hereinbefore
set forth.
SILVER XXXX MINING COMPANY,
INCORPORATED, a Utah
corporation
By /s/ W. Xxx Xxxxxxx
Its President
STATE OF NEVADA )
: ss.
COUNTY OF XXXXX )
On the ____ day of June, 2002, personally appeared before me Xxx Xxxxxxx, of
Silver Xxxx Mining Company, Incorporated, the signer of the foregoing
instrument, who duly acknowledged to me that he executed the same on behalf of
the Silver Xxxx Mining Company, Incorporated, as its President.
____________________________
Notary Public
Residing at ________________
My Commission Expires:
_____________________
*NOTE:Trustee must be a member of the Utah State Bar; a bank, building and
loan association or savings and loan association authorized to do such
business in Utah; a corporation authorized to do a trust business in Utah; or
a title insurance or abstract company authorized to do such business in Utah.