RECORDING REQUESTED BY
Exhibit 10.4
(c)
RECORDING
REQUESTED BY
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AND
WHEN RECORDED, MAIL TO
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Name
REDWOOD MORTGAGE
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P.O.
BOX 5096
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Address
REDWOOD CITY, CA 94063-0096
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Title
Order No
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Escrow No.
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SPACE
ABOVE THIS LINE FOR RECORDER’S USE
Loan
No.:
DEED OF
TRUST AND ASSIGNMENT OF RENTS
BY THIS DEED OF TRUST,
made this
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day
of
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,
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,
between
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,
herein called Trustor, whose address
is,
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and
PLM LENDER SERVICES, INC., a California corporation,
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,
herein called Trustee,
and
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,
herein called Beneficiary,
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Trustor
grants, transfers, and assigns to Trustee, in trust, with power of sale,
that property in the City of
________,
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__________
County, California, described as:
Trustor also assigns to
Beneficiary all rents, issues and profits of said realty reserving the right to
collect and use the same except during continuance of default hereunder and
during continuance of such default authorizing Beneficiary to collect and
enforce the same by any lawful means in the name of any party
hereto.
For
the purpose of securing:
(1)
Payment of the indebtedness by one promissory note in the principal sum of $
of even
date herewith, payable to Beneficiary, and any extensions or renewals
thereof;
(2) the
payment of any money that may be advanced by the Beneficiary to Trustor, or his
successors, with interest xxxxxxx, evidenced by additional notes (indicating
they are so secured) or by endorsement on the original note, executed by Trustor
or his successor;
(3)
performance of each agreement of Trustor incorporated by reference or contained
herein.
1
On
October 25, 1973, identical fictitious Deeds of Trust were recorded in the
offices of the County Recorders of the Counties of the State of California, the
first page thereof appearing in the book and at the page of the records of the
respective County Recorder as follows:
COUNTY
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BOOK
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PAGE
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COUNTY
|
BOOK
|
PAGE
|
COUNTY
|
BOOK
|
PAGE
|
Alameda
|
3540
|
89
|
Marin
|
2736
|
463
|
Santa
Xxxxxxx
|
2486
|
1244
|
Alpine
|
18
|
753
|
Mariposa
|
143
|
717
|
Santa
Xxxxx
|
0623
|
713
|
Xxxxxx
|
250
|
243
|
Mendocino
|
942
|
242
|
Santa
Xxxx
|
2358
|
744
|
Butte
|
1870
|
678
|
Merced
|
1940
|
361
|
Shasta
|
1195
|
293
|
Calaveras
|
368
|
92
|
Modoc
|
225
|
668
|
Sierra
|
59
|
439
|
Colusa
|
409
|
347
|
Mono
|
160
|
215
|
Siskiyou
|
697
|
407
|
Contra
Costa
|
7077
|
178
|
Monterey
|
877
|
243
|
Xxxxxx
|
1860
|
581
|
Del
Norte
|
174
|
526
|
Napa
|
922
|
96
|
Sonoma
|
2810
|
975
|
El
Dorado
|
1229
|
594
|
Nevada
|
665
|
303
|
Stanislaus
|
2587
|
332
|
Fresno
|
6227
|
411
|
Orange
|
10961
|
398
|
Sutter
|
817
|
182
|
Xxxxx
|
565
|
290
|
Placer
|
1528
|
440
|
Tehema
|
630
|
522
|
Humboldt
|
1213
|
31
|
Plumas
|
227
|
443
|
Trinity
|
161
|
393
|
Imperial
|
1355
|
801
|
Riverside
|
1973
|
139405
|
Tulare
|
3137
|
567
|
Inyo
|
205
|
660
|
Sacramento
|
731025
|
59
|
Tuolumne
|
396
|
309
|
Xxxx
|
4809
|
2351
|
San
Xxxxxx
|
386
|
94
|
Ventura
|
4182
|
662
|
Kings
|
1018
|
394
|
San
Bernardino
|
8294
|
877
|
Yolo
|
1081
|
335
|
Lake
|
743
|
552
|
San
Francisco
|
B820
|
585
|
Yuba
|
564
|
163
|
Lassen
|
271
|
367
|
San
Xxxxxxx
|
3813
|
6
|
San
Diego
|
File
No.
|
|
Los
Angeles
|
T8512
|
751
|
San
Xxxx Obispo
|
1750
|
491
|
73-
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||
Madera
|
1176
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234
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San
Mateo
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6491
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600
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299568
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The
provisions contained in Section A, including paragraphs 1 through 5, and the
provisions contained in Section B, including paragraphs 1 through 9 of said
fictitious Deeds of Trust are incorporated herein as fully as though set forth
at length and in full herein, except certain amendments to the fictitious Deed
of Trust are set forth on an amendment attached hereto and incorporated
herein.
The
undersigned Trustor requests that a copy of any notice of default and any notice
of sale hereunder be mailed to Trustor at the address hereinabove set forth,
being the address designed for the purpose of receiving such
notice.
The
Note securing this Deed of Trust provides as follows:
Xxxxxxxx’s
required repayment in full before scheduled date
A. In
the event of any sale or conveyance of any part of the real property described
in the Deed of Trust securing this Note, then the Note Holder may demand payment
in full of all amounts that I owe under this Note, as allowed by
law.
TRUSTOR:
2
AMENDMENT
TO FICTITIOUS DEED OF TRUST RECORDED IN _____ COUNTY AT BOOK ___, PAGE ___, AND
ADDENDUM TO THAT CERTAIN DEED OF TRUST DATED ___________, BETWEEN ____________,
TRUSTOR, PLM LENDER SERVICES, INC., A CALIFORNIA CORPORATION, TRUSTEE, AND
_____________, BENEFICIARY.
Paragraph
5, Section A, is deleted and instead the following applies:
5) To pay immediately and
without demand all sums so expended by Beneficiary or Trustee, with interest
from date of expenditure at the rate provided for in the note securing the
within Deed of Trust, and to pay for any statement provided for by law regarding
the obligations secured hereby in the amount demanded by Beneficiary, not
exceeding the maximum amount permitted by law at the time of the request
therefore.
The third
paragraph of Paragraph 5, Section B, is deleted and instead the following
applies:
After deducting all costs, fees and
expenses of Trustee and of this Trust, including cost of evidence of title in
connection with sale, Trustee shall apply the proceeds of sale to payment
of: all sums expended under the terms hereof, not then repaid, with
accrued interest at the rate provided for in the note securing the within Deed
of Trust; all other sums then secured hereby; and the reminder, if any, to the
person legally entitled thereto.
The
following is added as Paragraph 10, Section B:
10) Nothing in this
instrument shall be interpreted to confer rights or obligations which are
prohibited by the California Business and Professions Code and Beneficiary and
Trustee waives any right inconsistent herewith.
TRUSTOR:
3