WHEN RECORDED MAIL TO:
_____________________
_____________________
_____________________
_____________________________
SPACE ABOVE THIS LINE FOR RECORDER
ALL-INCLUSIVE TRUST DEED
With Assignment of Rents
THIS ALL-INCLUSIVE TRUST DEED MADE THIS 31st day of October, 1996, between
Marina Capital, Inc., as TRUSTOR, whose address is
Salt Lake City, Utah,
____________________________________________________________________________
(Street and Number) (City) (State)
The Home Abstract and Title Company, Inc., as TRUSTEE, *and ▇▇▇▇ ▇▇▇▇▇▇▇, acting
as qualified intermediary, as BENEFICIARY.
WITNESSETH: That Trustor CONVEYS AND WARRNATS TO TRUSTEE IN TRUST, WITH
POWER OF SALE, the following described property situated in ▇▇▇▇▇ County, State
of Utah.
See Exhibit "A"
attached hereto and by this reference
made apart hereof.
Together with all buildings, fixtures and improvements hereon and all
water rights, rights of way, easements, rents, and issues, profits, income
tenements, hereditaments, privileges and appurtenances hereunto belonging, now
or hereafter used or enjoyed with said property, or any part hereof, SUBJECT,
HOWEVER, to the right, power and authority hereinafter given to and conferred
upon Beneficiary to collect and apply such rents, issues, and profits;
FOR THE PURPOSE OF SECURING (1) payment of the indebtedness evidenced by
an All-Inclusive Promissory Note (hereinafter the "Note") of even date herewith,
in the principal sum of $725,000.00, made by Trustor, payable to the order of
Beneficiary at the times, in the manner and with interest as therein set forth,
and any extensions and/or renewals or modifications thereof; (2) the
performance of each agreement of Trustor herein contained; (3) the payment of
such additional loans or advances as hereafter may be made to Trustor, or his
successors or assigns, when evidenced by a Promissory Note or Notes reciting
that they are secured by this Trust deed; and (4) the payment of all sums
expended or advanced by Beneficiary under or pursuant to the terms hereof,
together with interest hereon as herein provided.
This instrument is an All-Inclusive Trust Deed subject and subordinate
to the following instruments (hereinafter "Senior Encumbrances")"
(1) A Trust Deed/Mortgage recorded_______, as Entry No.___________,
in Book________ , at Page________ of Official Records of ▇▇▇▇▇, which, if a
Trust Deed secures a Promissory Note in the original principal amount of, or if
a Mortgage, is in the original principal amount of Five Hundred Thousand and
no/100th Dollars, ($500,000.00), dated Oct. 31st, 1996, in favor of DRMW
Development, Inc., Beneficiary/Mortgagee, with the Trustor/Mortgagor being
▇▇▇▇▇▇▇ Family Partnership. If a Trust Deed, its Trustee is The Home Abstract
and Title Co., Inc.
(2) A Trust Deed/Mortgage recorded_______ , as Entry No.________ , in
Book_______, at Page________ of Official Records of________________,
which, if a Trust Deed secures a Promissory Note in the original principal
amount of, or if a Mortgage, is in the original principal amount of____ Dollars,
($_____), dated____, 19__, in favor of_________, Beneficiary/Mortgagee, with the
Trustor/Mortgagor being____________. If a Trust Deed, its Trustee is__________.
The Promissory Note(s) secured by said Trust Deed(s) is (are)
hereinafter referred to as the "Senior Note(s)"). Nothing in this Trust Deed,
the Note, or any deed in connection herewith shall be deemed to be an assumption
by the Trustor of the Senior Notes or Senior Encumbrances.
*NOTE: Trustee must be a member of the Utah State Bar, a bank, building and
loan association, savings and loan association, or insurance company authorized
to do such business in Utah; a corporation authorized to conduct a trust
business in Utah; a title insurance or abstract company authorized to do such
business in Utah, or a U.S. Government Agency.
_____________________________________________________________________________
This form has been approved by the Utah Real Estate Commission.
FORM NO 142-B
TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR AGREES:
1. To keep said property in good condition and repair; not to remove or
demolish and building thereon, to complete or restore promptly and in good and
workmanlike manner any building which may be constructed, damaged or destroyed
thereon; to comply with all laws, convenants and restrictions affecting said
property; not to commit or permit waste thereof; not to commit waste thereof;
not to commit, suffer or permit any act upon said property in violation of law;
to do all other acts which from the character or use of said property may be
reasonably necessary, the specific enumerations herein not excluding the
general; and, if the loan secured thereby or any part thereof is being obtained
for the purpose of financing construction of improvements on said property.
Trustor further agrees:
(a) To commence construction promptly and to pursue same with
reasonable diligence to completion in accordance with plans and specifications
satisfactory to Beneficiary, and
(b) To allow Beneficiary to inspect said property at all times
during construction.
Trustee, upon presentation to it of an affidavit signed by Beneficiary,
setting forth facts showing a default by Trustor under this paragraph, is
authorized to accept as true and conclusive all facts and statements therein,
and to act thereon hereunder.
2. To provide and maintain insurance, of such type or types and amounts
as Beneficiary may require, on the improvements now existing or hereafter
erected or placed on said property. Such insurance shall be carried on
companies approved by Beneficiary with loss payable clauses in favor of and in
form acceptable to Beneficiary. In event of loss, Trustor, shall give immediate
notice to Beneficiary, who may make proof of loss, and each insurance company
concerned is hereby authorized and directed to make payment for such loss
directly to Beneficiary instead of to Trustor and Beneficiary jointly, and the
insurance proceeds, or any part thereof, may be applied by Beneficiary, at its
option, to reduction of the indebtedness hereby secured or to the restoration or
repair of the property damaged.
3. To deliver to, pay for and maintain with Beneficiary until the
indebtedness secured hereby is paid in full such evidence of title as
Beneficiary may require, including abstracts of title or policies of title
insurance and any extensions or renewals thereof or supplements thereto.
4. To appear in and defend any action or proceeding purporting to
affect the security thereof, the title to said property, or the rights or powers
of Beneficiary or Trustee; and should Beneficiary or Trustee elect to also
appear in or defend any such action or proceeding, to pay all costs and
expenses, including cost of evidence of title and attorney's fees in a
reasonable sum incurred by Beneficiary or Trustee.
5. To pay all taxes, insurance and assessments of every kind or nature
as and when required by the Holders of Senior Encumbrances or when otherwise due
in absence of any requirements under the Senior Encumbrances.
6. Should Trustor fail to make any payment or to do any act as herein
provided, then Beneficiary or Trustee, but without obligation to do so and
without notice to or demand upon Trustor and without releasing Trustor from any
obligation hereof, may: Make or do the same in such manner and to such extent
as either may deem necessary to protect the security hereof, Beneficiary or
Trustee being authorized to enter upon said property for such purposes;
commence, appear in and defend any action or proceeding purporting to affect the
security hereof or the rights or powers of Beneficiary or Trustee; pay,
purchase, contest, or compromise any encumbrance, charge or lien which in the
judgment of either appears to be prior or superior hereto; and in exercising any
such powers, incur any liability, expend whatever amounts in its absolute
discretion it may deem necessary therefor, including cost of evidence of title,
employ counsel, and pay reasonable legal fees.
7. To pay immediately and without demand all sums expended hereunder by
▇▇▇▇▇▇▇▇▇▇▇ or Trustee, with interest from date of expenditure at the rate borne
by the principal balance under the Note until paid, and the repayment thereof
shall be secured hereby.
IT IS MUTUALLY AGREED THAT:
8. Should said property or any part thereof be taken or damaged by
reason of any public improvement or condemnation proceeding, or damaged by fire,
or earthquake, or in any other manner, Beneficiary shall be entitled to all
compensation, awards, and other payments or relief therefor, and shall be
entitled at its option to commence, appear in and prosecute in its own name, any
action or proceedings, or to make any compromise or settlement, in connection
with such taking or damage. All such compensation, awards, damages, rights or
action and proceeds, including the proceeds of any policies of fire and other
insurance affecting said property, are hereby assigned to Beneficiary, who may,
after deducting therefrom all its expenses, including attorney's fees, apply the
same on any indebtedness secured hereby. Trustor agrees to execute such further
assignments of any compensation, award, damages, and rights of action and
proceeds as Beneficiary or Trustee may require.
9. At any time and from time to time upon written request of
Beneficiary, payment of its fees and presentation of this Trust Deed and the
note of endorsement (in case of full reconveyance, for cancellation and
retention), without affecting the liability of an persons for the payment of the
indebtedness secured hereby, Trustee may (a) consent to the making of any map or
plat of said property; (b) join in granting any easement or creating any
restriction thereon; (c) join in any subordination or other agreement affecting
this Trust Deed or the lien or charge thereof; (d) reconvey, without warranty,
all or any pat of said property. The grantee in any reconveyance may be
described as "the person or persons entitled thereto", and the recitals therein
of any matters or facts shall be conclusive proof of truthfulness thereof.
Trustor agrees to pay reasonable Trustee's fees for any of the services
mentioned in this paragraph.
10. As additional security, Trustor hereby assigns Beneficiary, during
the continuance of these trusts, all rents, issues, royalties, profits of the
property affected by this Trust Deed and of any personal property located
thereon. Until Trustor shall default in the payment of any indebtedness secured
hereby or in the performance of any agreement hereunder, Trustor shall have the
right to collect all such rents, issues, royalties, and profits earned prior to
default as they become due and payable. If Trustor shall have the right to
collect all such rents, issues royalties, and profits earned prior to default as
they become due and payable. If Trustor shall default as aforesaid, Trustor's
right to collect any of such moneys shall cease and Beneficiary shall have the
right, with or without taking possession of the property affected hereby, to
collect all rents, royalties, issues, and profits. Failure or discontinuance of
Beneficiary at any time or from time to time to collect any such moneys shall
not in any manner affect the subsequent enforcement by Beneficiary of the right,
power, and authority to collect the same. Nothing contained herein, nor the
exercise of the right by Beneficiary to collect, shall be, or be construed to
be, an affirmation by Beneficiary of any tenancy, lease or option, nor an
assumption of liability under, nor a subordination of the lien or charge of this
Trust Deed to any such tenancy, lease or option.
11. Upon any default by Trustor hereunder, Beneficiary may at any time
without notice, either in person, by agent, or by a receiver to be appointed by
a court (Trustor hereby consenting to the appointment of Beneficiary as such
receiver), and without regard to the adequacy of any security for the
indebtedness hereby secured, enter upon and take possession of said property or
any part thereof, in its own name sue or otherwise collect said
rents, issues, and profits, including those past due and unpaid, and apply the
same, less costs and expenses of operation and collection, including reasonable
attorney's fees, upon any indebtedness secured hereby, and in such order as
Beneficiary may determine.
12. The entering upon and taking possession of said property, the
collection of such rents, issues and profits, or the proceeds of fire and other
insurance policies, or compensation or awards for any taking or damages of said
property, and the application or release thereof as aforesaid, shall not cure or
waive any default or notice of default hereunder or invalidate any act done
pursuant to such notice.
13. The failure on the part of Beneficiary to promptly enforce any
right hereunder shall not operate as a waiver of such right and the waiver by
Beneficiary of any default shall not constitute a waiver of any other or
subsequent default.
14. Time is of the essence hereof. Upon default by Trustor in the
payment of any indebtedness secured hereby or in the performance of any
agreement hereunder, all sums secured hereby shall immediately become due and
payable at the option of Beneficiary. In the event of such default, Beneficiary
may execute or cause Trustee to execute a written notice of default and of
election to cause said property to be sold t satisfy the obligations hereof, and
Trustee shall file such notice for record in each county wherein said property
or some part of parcel thereof is situated. Beneficiary also shall deposit with
Trustee, the note and all documents evidencing expenditures secured hereby.
15. After the lapse of such time as may then be required by law
following the recordation of said notice of default, and notice of default and
notice of sale having been given as then required by law. Trustee, without
demand on Trustor, shall sell said property on the date and at the time and
place designated in said notice of sale, either as a whole or in separate
parcels, and is such order as it may determine (but subject to any statutory
right of Trustor to direct the order in which property, if consisting of several
know lots or parcels, shall be sold), at public auction to the highest bidder,
the purchase price payable in lawful money of the United States at the time of
sale. The person conducting the sale may, for any cause he deems expedient,
postpone the sale from time to time, until it shall be completed and, in every
case, notice of postponement shall be given by public declaration thereof by
such person at the time and place last appointed for the sale; provided, if the
sale is postponed for longer than one day beyond the day designated in the
notice of sale, notice thereof shall be given in the same manner as the original
notice of sale. Trustee shall execute and deliver to the purchaser its Deed
conveying said property so sold, but without any covenant or warranty, express
or implied. The recitals in the Deed of any matters or facts shall be
conclusive proof of the trustfulness thereof. Any person, including
Beneficiary, may bid at the same. Trustee shall apply the proceeds of the sale
to payment of (1) the costs and expenses of exercising the power of sale and of
the sale, including the evidence of title procured in connection with such sale;
(2) all sums expended under the terms hereof, not then repaid, with accrued
interest at the rate borne by the principal balance under the Note from date of
expenditure; (3) all other sums then secured hereby; and (5) the remainder, if
any, to the person or persons legally entitled thereto, or the Trustee, in its
discretion, may deposit the balance of such proceeds with the County Clerk of
the county in which the sale took place.
16. Upon the occurrence of any default hereunder, Beneficiary shall have
the option to declare all sums secured hereby immediately due and payable and
foreclose this Trust Deed in the manner provided by law for the foreclosure of
mortgages on real property and beneficiary shall be entitled to recover in such
proceedings all costs and expenses incident thereto, including a reasonable
attorney's fee in such amount as shall be fixed by the court.
17. Beneficiary may appoint a Successor Trustee at any time by filing
for record in the office of the County recorder of each county in which said
property or some part hereof is situated, a substitution of Trustee. From the
time the substitution is filed for record, the new Trustee shall succeed to all
powers, duties, authority and title of the Trustee named herein or of any
Successor Trustee. Each such substitution shall be executed and acknowledged,
and notice thereof shall be given and proof thereof made, in the manner provided
by law.
18. This Trust Deed shall apply to, inure to the benefit of, and bind
all parties hereto, their heirs, legatees, divisees, administrators, executors,
successors and assigns. All obligations of Trustor hereunder are joint and
several. The term "Beneficiary" shall mean the owner and holder, including any
pledgee, of the note secured hereby. In this Trust Deed, whenever the contest
requires, the masculine gender includes the feminine and/or neuter, and the
singular includes the plural.
19. Trustee accepts this Trust when this Trust deed, duly executed and
acknowledged, is made a public record as provided by law. Trustee is not
obligated to notify any party hereto of pending sale under any other Trust deed
or of any action or proceeding in which Trustor, Beneficiary, or Trustee shall
be a party, unless brought by Trustee.
20. This Trust Deed shall be construed according to the laws of the
State of Utah.
21. 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.
Signature of Trustor
Marina Capital, Inc. by
/s/▇▇▇▇▇ ▇▇▇▇▇▇-President
EXHIBIT A
ALL-INCLUSIVE PROMISSORY NOTE SECURED BY
ALL-INCLUSIVE TRUST
(Installment Note, Interest Included)
$725,000.000 Ogden, Utah
October 31st, 1996
1. In Installments as herein stated, for value received, I/we Marina
Capital, Inc., hereinafter referred to as "Maker", promise to pay to ▇▇▇▇
▇▇▇▇▇▇▇, acting as qualified intermediary, hereinafter referred to as "Holder",
or order, at Ogden, Utah the sum of Seven Hundred Twenty Five Thousand and
00/100 Dollars ($725,000.00) with interest from Oct. 31, 1996 on unpaid
principal at the rate of eight $ 1/4 percent (8.25%) per annum, said principal
and interest being payable as follows:
Annual installments of $75,221.92 each, commencing
October 31, 1997 and continuing annually there after
until October 31, 2001, when the remaining principal
together with all accrued interest is due and payable.
A late payment penalty of five percent (5.0%) of any payment due shall be
assessed against the Maker if said payment has not been received by Holder
within ten (10) days of the due date. Each payment shall be credited first to
any late payments due, then to accrued interest doe and the remainder to
principal.
2. The total principal amount of this Note includes the unpaid principal
balance of any existing Promissory Note(s) ("Senior Note(s)") secured by Trust
Deed(s), or any Mortgages. Such Trust Deeds and Mortgage(s) are hereinafter
collectively referred to as "Senior Encumbrance(s)". The Senior Note(s) and/or
Mortgage(s) is/are more particularly describes as follows:
A. A Promissory Note/Mortgage in an original principal amount of
Five Hundred Thousand and 00/100 Dollars ($500,000.00) dated October 31st, 1996
in favor of DRMW Development, Inc. as Holder/Mortgagee, with the Maker/Mortgagor
being ▇▇▇▇▇▇▇ Family Partnership. There is an unpaid principal balance of
$500,000.00 as of October 31st, 1996, bearing interest at the rate of eight &
1/4 percent (8.25%) per annum payable $12,000.00 XXXXXX interest) Quarter. The
Quarterly payment.
includes taxes x does not include taxes.
B. (If applicable:) A Promissory Note/Mortgage in an original
principal amount of_____________Dollars ($______) dated______, 19 in favor of
as Holder/Mortgagee, with the Maker/Mortgagor being___________________. There
is an unpaid principal balance of $______ as of_____, 19__, bearing interest at
the rate of percent (__%) per annum payable $__________(principal and interest)
per month. The monthly payment.
includes taxes does not include taxes.
C. (If applicable:) A Promissory Note/Mortgage in an original
principal amount of_____________Dollars ($______) dated______, 19 in favor of
as Holder/Mortgagee, with the Maker/Mortgagor being___________________. There
is an unpaid principal balance of $______ as of_____, 19__, bearing interest at
the rate of percent (__%) per annum payable $__________(principal and interest)
per month. The monthly payment.
includes taxes does not include taxes.
3. Maker, at his option at any time, may prepay the amounts required
herein, provided, however:
A. Maker shall designate at the time the prepayment is made
whether the prepayment shall be credited to unpaid principal or in prepayment of
future installments due under this Note; and
B. In the event that Holder is required under the terms of this
Note or the All-Inclusive Trust Deed securing this Note, to make prepayments on
the Senior Note(s) as a direct result of any prepayment(s) on this note by
Maker, and ▇▇▇▇▇▇ thereby incurs a prepayment penalty under the Senior Note(s),
then in such event, Maker agrees to pay to Holder, on demand, the full amount of
such prepayment penalty. Any prepayment penalties so paid by Maker shall not
reduce the unpaid balance of this Note.
_____________________________________________________________________________
This form has been approved by the Utah Real Estate Commission.
4. When all the sums payable pursuant to the terms of this Note and the
All-Inclusive deed of Trust securing this Note have been paid in full, Holder
shall: (1) immediately pay all remaining sums to be paid under the terms of the
Senior Note(s) and Senior Encumbrance(s), and (2) surrender this Note to Maker
marked paid in full and execute and deliver to the Trustee a Request for Full
Reconveyance of the All-Inclusive trust Deed securing this Note.
5. Provided Maker is not in default under any terms of the Note or the
All-Inclusive deed of Trust securing this Note, Holder shall pay when due all
installments required under the terms of the Senior Note(s) and Senior
Encumbrance(s). In the event of any default by Maker under any terms of this
Note or the All-Inclusive Trust Deed securing this Note, Holder's obligation to
make payments on the Senior Note(s) shall be deferred until any such default is
cured. All penalties, charges and other expenses incurred under the Senior
Note(s) and the Senior Encumbrance(s) as a result of any such default by Maker
shall be added to the principal amount of this Note and shall be immediately
payable by Maker to Holder. Should Holder default in making any payment(s) on
the Senior Note(s) as required herein, Maker may make said payment(s) directly
to the Holder(s) of such Senior Note(s); any and all payments so made by Maker
shall be credited to this Note.
6. When all sums due pursuant to the terms of this Note and the All-
Inclusive Trust Deed securing this Note, at any time, is equal to or less than
the unpaid balance of principal and interest then due under the terms of the
Senior Note(s), then:
A. Upon (i) assumption by Maker of the Senior Note(s) and (ii)
release of Holder from all liabilities and obligations on the Senior Note(s) and
Senior Encumbrance(s), Maker at his option, may request and shall receive from
Holder, cancellation and delivery of this Note, and Holder shall execute and
deliver to the Trustee a Request for Full Reconveyance of the All-Inclusive
Trust deed securing this Note; or
B. Even in the absence of assumption and release under sub-
section A. above, ▇▇▇▇▇▇, at his option, may cancel this Note and deliver same
to Maker and execute and deliver to Trustee a request for Full Reconveyance of
the All-Inclusive Trust deed securing this Note; or
C. In the event neither Holder no Maker exercise the options
provided in A. and B. of this section, and this Note and the All-Inclusive Trust
deed securing this Note therefore remain in effect, then the payments and
interest rate shown in Section 1. Of this Note, to the extent they differ from
the Senior Note(s) shall immediately and automatically be adjusted to equal the
payments and interest rate then required under the Senior Note(s), and Maker, in
addition to such adjusted payments, shall also pay a monthly servicing fee to
Holder of an amount equal to n/s percent (n/a%) of such adjusted monthly
payments.
7. Holder shall have no further obligation under the terms of this Note
or the All-Inclusive Trust Deed securing this Note, after: (1) foreclosure by
Holder or his Trustee of the All-Inclusive Deed of Trust securing this Note, or
(2) delivery by Holder to Trustee of a Request for Reconveyance of the All-
Inclusive Trust Deed securing this Note.
8. In the event the Holder(s) of the Senior Note(s) is entitled to any
remedy pursuant to any due on sale, non-alienation, or non-assumption provision
as a result of the execution of this Note(s) and/or any document(s) related
hereto, the entire unpaid balance of this Note, without further notice, shall
become immediately due and payable thirty days following written notice to the
maker of this Note of the intent of the Holder(s) of the Senior Note(s) to
exercise any such remedy.
9. In the event that any payment under this Note is not made, or any
obligation provided to be satisfied or performed under this Note or the All-
Inclusive Trust deed securing this Note is not satisfied or performed at the
time and in the manner required. Holder at his option and without notice or
demand, may declare the entire principal balance, all amounts of accrued
interest and all other amounts then due under the terms of this Note and the
All-Inclusive Trust Deed securing this Note immediately due and payable.
10. In the event that any payment under this Note is not made, or any
obligation provided to be satisfied or performed under this Note or the All-
Inclusive trust Deed securing this Note is not satisfied or performed at the
time and in the manner required, the defaulting party shall pay any and all
costs and expenses (regardless of the particular nature thereof and whether or
not incurred in connection with the exercise of the power of sale provided for
the in All-Inclusive Trust Deed securing this note) which may be incurred by the
maker or Holder hereof in connection with the enforcement of any rights under
this Promissory Note, including, without limitation, court costs and reasonable
attorney's fees.
11. The Maker and endorser hereof waive presentment for payment,
protest, demand, notice of protest, notice of dishonor and notice of nonpayment
and expressly agree that this Note or any payment hereunder may be extended from
time to time by the Holder hereof without in any way affecting the liability of
such parties. No course of dealing between the maker and Holder in exercising
any rights hereunder, shall operate as a waiver of rights of ▇▇▇▇▇▇.
12. This Note shall inure to the benefit of and shall be binding upon
respective successors and assigns of the Maker and ▇▇▇▇▇▇.
13. This Note shall be construed in accordance with the laws of the
State of Utah.
14. In this Note, whenever the context requires, the masculine gender
includes the feminine and/or neuter, and the singular number includes the
plural.
15. This Note is secured by an All-Inclusive Trust Deed of even date
herewith.
Marina Capital, Inc by
_______________________ _______________________________
Maker Maker
/s/▇▇▇▇▇ ▇. ▇▇▇▇▇▇-President
_______________________ _______________________________
Maker Maker
The undersigned hereby accept(s) the foregoing All-Inclusive Promissory
Note and agree(s) to perform each and all of the terms thereof on the part of
the Holder to be performed.
Executed as of the date and place first above written.
______________________ _______________________________
Holder Holder
______________________ _______________________________
Holder Holder
(If Trustor and Individual)
STATE OF UTAH
ss.
COUNTY OF__________________
On the________day of_____, 19__, personally appeared before
me _____________________ the signer(s) of the above instrument, who duly
acknowledged to me that__ he__ executed the same.
______________
NOTORY PUBLIC
My Commission Expires: Residing at:
__________________________________________
(If Trustor a Corporation)
STAE OF UTAH
ss.
COUNTY OF ▇▇▇▇▇
On the 13th day of November, 1996, personally appeared before me
▇▇▇▇▇ ▇▇▇▇▇▇ who being by me duly sworn, says that he is the President of the
corporation that executed the above and foregoing instrument and that said
instrument was signed in behalf of said corporation by authority of its by-laws
(or by authority of a resolution of its board of directors) and said ▇▇▇▇▇
▇▇▇▇▇▇ acknowledged to me that said corporation executed the same.
/s/▇▇▇▇▇ ▇▇▇▇▇▇▇▇
______________________
NOTORY PUBLIC
My Commission Expires:
4/22/2000 Residing at:
Ogden, Utah
(Seal)
REQUEST FOR FULL RECONVEYANCE
(To be used only when indebtedness secured hereby has been paid in full)
TO: TRUSTEE
The undersigned is the legal owner and holder of the note and all other
indebtedness secured by the within Trust Deed. Said note, together with all
other indebtedness secured by said Trust Deed has been fully paid and satisfied;
and you are hereby requested and directed, on payment to you of any sums owning
to you under the terms of said Trust Deed, to cancel said note above mentioned,
and all other evidences of indebtedness secured by said Trust ▇▇▇▇ delivered to
you herewith, together with the said Trust Deed, and to reconvey, without
warranty, to the parties designated by the terms of said Trust Deed, all of the
estate now held by you thereunder.
Dated________, 19__
____________________________
____________________________
Mail reconveyance to:
